Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION

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, JUNE 9, 2011 No. 83 Senate The Senate met at 9:30 a.m. and was Mr. UDALL of New Mexico thereupon vested in EDA, we get $7 worth of pri- called to order by the Honorable TOM assumed the chair as Acting President vate investment. That is why the jobs UDALL, a Senator from the State of pro tempore. are created. This legislation makes it New Mexico. f better. This is a bipartisan bill. Senators PRAYER RECOGNITION OF THE MAJORITY BOXER and INHOFE and their committee The Chaplain, Dr. Barry C. Black, of- LEADER have worked to get this to the Senate fered the following prayer: The ACTING PRESIDENT pro tem- floor. It increases flexibility for grant- Let us pray. pore. The majority leader is recog- ees, lowers the threshold requirements Almighty God, life of our life, You nized. for grantees to receive an increased have given us this Nation for our herit- f Federal share, and makes more invest- age. Today, we ask that You will keep ments available for planning assist- us mindful of Your favor and glad to do SCHEDULE ance. Your will. Use the Members of this Mr. REID. Mr. President, following We are trying to move through this body to uphold the public interest, to any leader remarks, the Senate will be legislation. Senator SNOWE offered an labor for justice, to love mercy, and to in a period of morning business for 1 amendment. She has not uttered a sin- walk humbly with You. Give them the hour, with the Republicans controlling gle word about that amendment, which wisdom to use their power for the heal- the first half and the majority control- was offered yesterday. This is the same ing of our land. Keep their goals high, ling the final half. piece of legislation that held up our vision clear, and minds keen. And, Lord, we ask Your choicest Following morning business, the Sen- Small Business Innovation Act. We blessings upon our departing page ate will resume consideration of the have had other Senators who have class. Economic Development Act. There are come and offered amendments. I don’t We pray in Your righteous name. currently five amendments pending to particularly like the amendment of- Amen. the bill. We are working to set up votes fered by the junior Senator from South f in relation to these amendments and Carolina, but he came and said, ‘‘I will advise Senators when they are want to offer this amendment, and I PLEDGE OF ALLEGIANCE scheduled. will agree to a time limit on it.’’ Sen- The Honorable TOM UDALL led the f ator PAUL, the junior Senator from Pledge of Allegiance, as follows: Kentucky, had an amendment he want- I pledge allegiance to the Flag of the ECONOMIC DEVELOPMENT ed to offer. He said he would agree to a United States of America, and to the Repub- REVITALIZATION ACT short time limit. I didn’t ask for time lic for which it stands, one nation under God, Mr. REID. Mr. President, the Eco- agreements on this legislation. I should indivisible, with liberty and justice for all. nomic Development Revitalization Act not act as the person who determines f is an important bill. Is it the most im- what amendments are offered and APPOINTMENT OF ACTING portant bill we have ever done? The an- aren’t offered. But when someone offers PRESIDENT PRO TEMPORE swer is, of course not. But it is an im- an amendment, we should be able to The PRESIDING OFFICER. The portant piece of legislation. It is a very work it to a conclusion. clerk will please read a communication important bill. This bill, as I have indicated, is an to the Senate from the President pro What are the central points of this important piece of legislation. We need tempore (Mr. INOUYE). legislation? For almost 50 years, the to move through it. We are going to do The assistant legislative clerk read Economic Development Administra- that to the best of our ability. We will as follows: tion has helped create jobs and growth have a number of votes today and do U.S. SENATE, in economically hard-hit communities our best to move through this piece of PRESIDENT PRO TEMPORE, across the Nation. Reauthorization of legislation so we can move to other Washington, DC, June 9, 2011. this important legislation will help en- bills. There are a lot of things we can To the Senate: sure that the agency is able to help do. We can work on bipartisan pieces of Under the provisions of rule I, paragraph 3, continue creating jobs and investing in legislation. That is my hope today. of the Standing Rules of the Senate, I hereby distressed communities. I suggest the absence of a quorum. appoint the Honorable TOM UDALL, a Senator from the State of New Mexico, to perform Since 2005, EDA has invested about The ACTING PRESIDENT pro tem- the duties of the Chair. $1.2 billion, and these grants have cre- pore. The clerk will call the roll. DANIEL K. INOUYE, ated more than 300,000 jobs—precisely, The assistant legislative clerk pro- President pro tempore. 314,000 jobs. For every dollar that is in- ceeded to call the roll.

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

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VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3632 CONGRESSIONAL RECORD — SENATE June 9, 2011 Mr. MCCONNELL. Mr. President, I put it last year, we would need to har- their businesses or those who don’t ask unanimous consent that the order ness traditional sources of energy, his want to give up a single solitary penny for the quorum call be rescinded. continued refusal to issue drilling per- of Federal spending. The ACTING PRESIDENT pro tem- mits in the gulf has had a devastating But the good of the country is more pore. Without objection, it is so or- economic effect. important than the goals of some polit- dered. On the debt, the President himself ical interest group. We have to rein in f has said, ‘‘If we don’t have a serious our debt, cut spending, reduce taxes, plan to tackle the debt and the deficit, reform entitlements, and grow this RECOGNITION OF THE MINORITY that could actually end up being a big- economy. This administration knows LEADER ger drag on the economy than anything this as well as I do. It is time to act. The ACTING PRESIDENT pro tem- else.’’ Yet, under his leadership, the So, looking ahead, the key to suc- pore. The Senator from Kentucky is Nation’s national debt has skyrocketed cess, in my view—and in the judgment recognized. 35 percent, from $10.6 trillion to $14.2 of others, including Moody’s—is for ev- f trillion, our deficit is three times big- eryone involved to view the upcoming EDA ger than the biggest annual deficit dur- debt limit vote as an opportunity—an ing the Bush administration, and the opportunity—to reduce Washington Mr. MCCONNELL. Mr. President, I President refuses to put forward a seri- spending now and to save the taxpayers was discussing with the majority lead- ous plan to do anything to bring the trillions of dollars over the long term. er privately the comments he made debt or the deficit down. It is an opportunity to put our fiscal publicly about getting votes. I have So there is a pattern here. The Presi- house in order and to prevent the fiscal talked to my Members, and I under- dent likes to say he is concerned about crisis we all know is coming. We know stand he indicated that most of our the economy and jobs, but his policies what we need to do. The time to do it Members who have amendments are tell an entirely different story. He can is now. willing to take short time agreements. talk all he wants, but he cannot walk Mr. President, I yield the floor. We ought to be able to move forward away from what he has done, and the f and have votes, and the Senate can things he is failing to do right now to function the way it should. create private sector jobs and to get RESERVATION OF LEADER TIME Mr. President, with each passing day, our economy moving again. Chief The ACTING PRESIDENT pro tem- the American people grow more con- among them is his refusal to do any- pore. Under the previous order, the cerned about our Nation’s future. The thing to lower the debt and deficits he leadership time is reserved. Washington Post-ABC news poll this has done so much to create. week said that by a ratio of 2 to 1, Right now, U.S. businesses are sit- f Americans believe we are on the wrong ting on nearly $2 trillion in cash. Most MORNING BUSINESS track, and 9 out of 10 rate the economy of them would love to invest this cash negatively. Yesterday’s CNN poll found in new products, ventures, and employ- The ACTING PRESIDENT pro tem- that many Americans expect another ees. Yet they are holding back. Why? It pore. Under the previous order, the Great Depression. is not just the regulations and the Senate will be in a period of morning It is in this context that President mixed signals they are getting about business for 1 hour, with Senators per- Obama has started talking about how taxes or the expectation that all the mitted to speak for up to 10 minutes concerned he is about jobs. This week, spending today will necessarily lead to each, with the time equally divided and the President said he wakes up every higher taxes tomorrow; it is also the controlled between the two leaders or morning and asks himself what he can uncertainty surrounding our future. their designees, with the Republicans do to spur job creation. Every morning How can businesses be confident about controlling the first half and the ma- this week, I have come to the floor the future and hire new workers to jority controlling the final half. with some suggestions for him. build that future if the Democrats who The Senator from Iowa is recognized. The fact is that many Americans run the White House aren’t willing to Mr. GRASSLEY. I thank the Chair. have a hard time believing the Presi- do anything—anything at all—about (The remarks of Mr. GRASSLEY per- dent is focused on jobs when so many our deficits and our debt? taining to the introduction of S. 1161 of his policies seem to be designed to Investment follows certainty. That is are located in today’s RECORD under destroy them. In some key areas, such one thing this White House refuses to ‘‘Statements on Introduced Bills and as trade, energy, and debt, the Presi- provide. This ongoing uncertainty is Joint Resolutions.’’) dent himself has acknowledged that a paralyzing our economic recovery and The ACTING PRESIDENT pro tem- reversal of his policies would create seriously hindering job creation. pore. The Senator from South Dakota. jobs and spur recovery. One recent study suggests that any f Let’s start with trade. Hoping to nation which carries a public debt load sound as though he had a plan for job at or above 90 percent of its economy THE BUDGET creation, the President used the giant loses one point of economic growth, Mr. THUNE. Mr. President, last week platform provided by his annual State which the administration’s own econo- I had the opportunity to travel my of the Union Message in January to de- mists have said is equivalent to 1 mil- State of South Dakota, as I think most clare that he had finalized a trade lion jobs. So why won’t they propose a Senators did who were home over the agreement with South Korea that serious plan to lower it? When will the break. During the week, I was able to would support at least 70,000 American administration follow through on what be part of a couple of events in my jobs. Yet, nearly 5 months later, he it knows it has to do to spur job State with former Comptroller General sent his aides out to say that he won’t growth? The solutions are right in David Walker. I think most people here sign them into law unless Congress ap- front of us. are acquainted with Mr. Walker. He proves billions more in government The administration acknowledges had a 10-year run as the Comptroller spending first. that free trade agreements, expanding General of this country. He has since On energy, the President has ac- domestic energy exploration, cutting started an organization called the knowledged the pressure that regula- regulations, providing tax certainty, Comeback America Initiative and has tions put on job creators. That is why and reducing the debt will lead to a been traveling the country trying to he ordered a review of them in Janu- dramatic increase in jobs. So why explain to the public the issues sur- ary. Yet, by one estimate, the national won’t it follow through? rounding our national debt—high Fed- energy tax his administration tried to Too often, unfortunately, the answer eral spending levels and their effect on pass through the EPA could cost, by is political. They don’t want to cross our Nation’s future. some estimates, millions of jobs—mil- some special interest group—whether I would add he is someone who takes lions. While the President has acknowl- it is those who don’t like trade agree- both parties to task. He is an equal op- edged that in order to sustain eco- ments or those who don’t like the way portunity critic. He is very bipartisan nomic growth and create jobs, as he private companies such as Boeing run in his criticism of the out-of-control

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3633 spending that exists in Washington, telling them the truth, not simply con- a slower rate because of the increased DC, but he did point out the tremen- tinuing to make promises that cannot regulation, taxation, and spending that dous growth in government which has be kept. And, No. 2, they were eager to is moving us closer to a European wel- occurred in the course of our Nation’s hear his message because his message fare state. In fact, Dr. Lucas notes that history. In fact, when our country was offered hope. He pointed out that if the these European economies have in- founded, if we go back to the formative country adopted a fiscal plan that comes that are 20 to 30 percent less per years of our country—and he uses the would bring down our deficits on a capita because of these differences in year 1800 as an example—government level that was similar to the plan of the size of government. spending made up just 2 percent of our the President’s fiscal commission, our It is clear it would even further in- entire economy. Just 2 percent of our Nation’s rating on the fiscal fitness crease unemployment if we continued GDP represented government spending. index would jump from 28th clear up to to move along this path. We cannot Today, it makes up almost 25 percent, 8th place. He showed the attendees continue with the status quo. We al- and we are on a trend line, a trajec- that there is a series of steps we can ready know the size of our debt is cost- tory, where that will rise to 39 percent take to fix Social Security, Medicare, ing us 1 percentage point in growth by the year 2040. and Medicaid—to preserve these impor- every year which, according to the So we have seen this upward spike in tant programs without bankrupting White House’s own economists, is the the spending, the amount of Federal our country—and he showed us that if equivalent of 1 million jobs. In other spending as a percentage of our entire we start now we have time to make words, when we sustain the kind of economic output. The reason Mr. Walk- these changes without being forced to debt load we have today—our gross er gives for the continuing increase in make Draconian cuts or to hike tax debt as a percentage of our GDP, our spending is primarily entitlement pro- rates. entire economic output, is over 90 per- grams. In other words, we have Medi- This hope that we can fix these prob- cent—that means we are losing eco- care, Medicaid, and Social Security lems is real and it gives the general nomic growth and that means we are which now represent about 43 percent public something they can understand. shedding jobs as a consequence of this in 2010. Those three programs rep- That was certainly the case with my high level of debt and high level of resented 43 percent of our total Federal constituents last week. spending. spending and, again, that number is set Unfortunately, there was another We need to grow the private econ- to spike as we head into the future. event that occurred last week and that omy, shrink government spending, and Mr. Walker pointed out we are set to was the release of the unemployment spend more on mandatory programs cut our debts and deficits. This is the numbers. Those numbers did not re- than we will take in in revenue in 2011. path that will help us on a recovery, So this current year we will spend flect hope but, instead, indicated we help our economy to recover, and cre- more on mandatory programs, which have a long way to go toward fixing ate the jobs that are necessary to lower include those I just mentioned—Medi- our economy. These numbers showed that unemployment rate. We know we can do this. There are a care, Social Security, and Medicaid— that unemployment had risen to 9.1 number of reforms and spending cuts than all the revenue the Federal Gov- percent. Further, the long-term unem- ernment will take in. So that would ployed increased to 6.2 million people, we are pushing to attach to the dead- mean we can’t even afford to pay out as those who are out of work are tak- line that is under discussion right now for the mandatory spending programs ing longer to find jobs. This long-term so we can make it easier and cheaper we have in our budget, not to mention unemployment is particularly impor- for individuals to create the jobs that those discretionary programs which tant for a number of reasons. No. 1, are so necessary to get our economy are the other part of our Federal budg- these individuals who suffer from long- back on track and get people back to et. term unemployment often exhaust gov- work. There are a number of things If we look at it in terms of how much ernment and personal resources that that can be done and should be done. we spend today and how much we bor- are available to them. As a result, they Obviously, as I noted, as we continue row, we are borrowing about 42 cents are at greater risk of falling into pov- the debate about spending and debt and out of every dollar we spend. That is erty. Further, it indicates our economy doing something about this year-over- the reality we are faced with. So it is is not sufficiently dynamic. These indi- year $1.4 trillion, $1.5 trillion, now $14.3 clear we need to make some reforms, viduals could have skill mismatches or trillion debt that is hanging like a Mr. President, particularly in the enti- there may simply not be any jobs in cloud over our economy, we have to tlement programs, to put them on a their local economy. deal with that. We have an oppor- more sustainable footing. Finally, the long-term unemployed tunity, as has been noted by the leader Further, Mr. Walker shared the re- may see their skills diminished and be- earlier this morning, to do that in the sults of his fiscal fitness index, which come less and less attached to the context of this debt limit debate we are puts the United States at 28 out of 34 workforce. What this all means is it be- going to have. We should view this— developed countries—just behind Italy comes harder and harder for these peo- both sides—as an opportunity to do and just two places in front of Ireland. ple to find a job as they no longer know something meaningful about spending We are No. 28 out of 34 developed coun- the latest technologies or no longer and debt and to put our country on a tries around the world in terms of our have the skills they developed by years more sustainable fiscal path for our fu- fiscal fitness. of practice. This creates longer term ture. Mr. Walker’s message, obviously, is challenges for our economy to be able But there are a number of other not a fun one. It is not a message you to find these individuals jobs. things that impact the economy today would expect people to like to hear. It The question is how do we create an that should be done. One is we have is not a message that promises more environment where businesses and in- three pending trade agreements that spending on people’s preferred pro- dividuals can be creating jobs. We were negotiated 3 to 4 years ago. They grams. Yet my constituents were eager know we need to cut spending, to cut have been languishing here because the to hear this message. Why is that? No. our deficit, and to cut unnecessary and White House will not send those trade 1, he was honest. He was honest about harmful regulations. In a recent pres- agreements up here for Congress to act. the size of our problem, about the entation to the University of Wash- To give an example of what that scope of our unfunded liabilities, about ington, Nobel laureate Robert Lucas means to an agricultural State such as the causes of this deficit—that it is pri- pointed out that the possibility of South Dakota, Colombia is one of those marily a spending-driven crisis, about higher taxes, the uncertainty of regula- three trade agreements—Colombia, the effect of the health care law on tions, and the increasing role of the Panama, and South Korea, all of which health care spending in this country, Federal Government in health care be- present markets for South Dakota ag- and about the measures that are need- cause of the health care law, are all ricultural markets. But agricultural ed to cut spending and to bring the contributors to our slow economic re- exports are a big part of our trade rela- budget back into balance. covery. tionship with Colombia. In 2008 we had My constituents appreciate that kind Likewise, Dr. Lucas speculated that an 81-percent market share in Colom- of honesty. They appreciate someone our economy may continue to grow at bia. Today that is a 27-percent market

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3634 CONGRESSIONAL RECORD — SENATE June 9, 2011 share. We need those trade agreements while protecting his fellow service- So today I rise to honor another approved to create jobs and to grow members from improvised explosive de- great Federal employee, Rafat Ansari. this economy. I hope the White House vices. In early 2007, three other mem- Mr. Ansari is a senior scientist and will send those, follow through on their bers of the 75th Civil Engineering leading innovator at NASA’s Glenn Re- rhetoric and actually send those trade Squadron were also killed. Yet, despite search Center in Cleveland. He has agreements up here so we can act on this tragedy, Technical Sergeant been recognized for developing a safe, them. Solesbee always returned to duty. I be- noninvasive laser device that could It has been 771 days since we passed a lieve one of Utah’s largest newspapers, drastically improve the early detection budget in this country. We and the ad- The Standard Examiner, paid him the of cataracts and improve people’s lives ministration talk about doing some- highest tribute when it stated in the process. thing about spending and debt, and yet ‘‘Kristoffer M. Solesbee died doing Cataracts are the leading cause of vi- here we are having gone 771 days with- what he loved: saving lives.’’ I cannot sion loss and blindness in the United out even having passed a budget, the think of a better definition of a true States and in the world. They affect most fundamental responsibility we hero. over 22 million Americans over the age have to the taxpayers of this country. From those who knew him best, his of 40, and over $6.8 billion is spent an- If we are serious about spending and family, friends and fellow servicemem- nually in the United States on cataract debt, we need a budget that sets a blue- bers, described him as smart and high- treatment. print for a more fiscally sustainable fu- ly energetic. Growing up he loved Mr. Ansari was motivated to help ture for this country. We need energy model rockets and radio controlled cataract patients after his father was policies that allow us to develop Amer- cars and airplanes. During his 11-year diagnosed with the disease. He began ican energy to get fuel costs under con- career in the service, his fellow airmen researching the disease and realized trol, which also impacts in a very di- came to rely upon him and his profes- that cataracts are caused by proteins rect way our economy and our ability sionalism. Indeed, there is broad con- in the lens that cluster abnormally, a to create jobs. sensus among Hill’s EOD technicians process similar to what he was study- The solutions are out there, they are that he was the benchmark by which ing in his space experiments. very straightforward and simple. We others were judged. Lacking the necessary financial resources, he began conducting research need to have the will to move forward His distinguished service also did not in his home kitchen using a light-scat- and address these issues and I hope we go unrecognized. Technical Sergeant tering device which was able to iden- will because the American people ex- Solesbee was the recipient of the tify clustered proteins in the eye lens. pect and deserve that we will. As Dr. Bronze Star Medal with Valor device These kitchen experiments ultimately Walker pointed out last week, in my and second oak leaf cluster, the Air led to Mr. Ansari’s invention of an in- State of South Dakota, if we do not, we Force Meritorious Service Medal, Pur- ple Heart Medal, the Air Force Com- novative eye-scanning device and pro- are headed for a fiscal train wreck. cedure that is at least two or three I yield the floor. mendation Medal with one oak leaf times stronger than any device on the The ACTING PRESIDENT pro tem- cluster, Air Force Achievement Medal with one oak leaf cluster, and the Air market. pore. The Senator from Utah is recog- His invention also has the potential nized. Force Combat Action Medal. I know God will be watching over the to significantly improve the ability to Mr. HATCH. Mr. President, I ask for family of this admirable man. He gave detect early signs of Alzheimer’s, Par- enough time to give my remarks this his life so that others may live. TSgt kinson’s, diabetes, and many other dis- morning and I ask for an equivalent Kristoffer M. Solesbee will never be eases. The procedure is currently used amount of time for the other side. forgotten. by NASA to study the long-term con- The ACTING PRESIDENT pro tem- Mr. President, I yield the floor and sequences of space travel on the vision pore. Without objection, it is so or- suggest the absence of a quorum. of astronauts. dered. The ACTING PRESIDENT pro tem- Mr. Ansari’s personal story is a testa- Mr. HATCH. I hope I can stay within pore. The clerk will call the roll. ment to all that continues to make our the time constraints, but I am not The ACTING PRESIDENT pro tem- Nation great. Born in Pakistan, Mr. sure. pore. The Senator from Virginia. Ansari always dreamed of working for The ACTING PRESIDENT pro tem- Mr. WARNER. Mr. President, I ask NASA. Not only was he able to realize pore. The Senator from Utah is recog- unanimous consent that the order for his dream of working for our govern- nized. the quorum call be rescinded. ment, working for NASA, but in the Mr. HATCH. I thank the Chair. The ACTING PRESIDENT pro tem- process he has made discoveries that (The remarks of Mr. HATCH per- pore. Without objection, it is so or- could have a big impact on the lives of taining to the submission of S. Con. dered. millions of people not only here in the Res. 23 are located in today’s RECORD f United States but around the world. under ‘‘Submission of Concurrent Sen- HONORING RAFAT R. ANSARI I hope my colleagues will join me in ate Resolutions.’’) honoring Mr. Ansari and those other f Mr. WARNER. Mr. President, once great scientists and engineers at NASA again, I come to the floor to celebrate HONORING OUR ARMED FORCES for their excellence and service to our and recognize the contribution of our Nation. TECHNICAL SERGEANT KRISTOFFER M. SOLESBEE Federal employees. I do this on a reg- So, again, I wish to acknowledge not Mr. HATCH. Mr. President, I rise ular basis because while we debate the only Mr. Ansari but all of our Federal today to pay tribute to TSgt Kristoffer issues of the day and grapple with workers. I think it is important. As M. Solesbee of Hill Air Force Base’s issues around the debt and deficit and somebody who has been very involved— 75th Civil Engineer Squadron. Tech- the circumstances that will require us and hopeful to do more—on this issue nical Sergeant Solesbee was killed in to cut back on government spending, I of debt and deficit, I know we will have action near the city of Shorabak, Af- think it is important to remember the to make substantial cutbacks in how ghanistan. literally millions of Americans who government spends and operates. But I Technical Sergeant Solesbee was a work in one form or another for our think we need to remember, as we talk brave and courageous man. Not only Federal Government day-in and day- about some of these cuts, that we are did he volunteer to serve his country, out. From our armed services, to folks affecting the lives of literally millions returning to the field of battle three who work within this Capitol Complex, of good Americans who try to keep the times, twice in Iraq and this final tour to folks who work within Health and functions of this government working in Afghanistan, but he volunteered for Human Services, to those who work in on an efficient, honest, and ethical one of the most dangerous assignments research, to those who make enormous basis day-in and day-out. in the war on terrorism; he was an ex- contributions to our Nation, we should With that, I yield the floor and note plosive ordnance disposal technician. not lose sight of them as we grapple the absence of a quorum. This is not the first time a member with the debt and deficit and a host of The ACTING PRESIDENT pro tem- of Hill’s EOD flight had been killed other issues we deal with in this body. pore. The clerk will call the roll.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3635 The legislative clerk proceeded to other than budget points of order and Crown far more aggressively more than call the roll. the applicable motions to waive; the a year before Bostonians dumped those Mr. REID. Mr. President, I ask unan- amendment not be divisible; that the teabags into Boston harbor. Today, on imous consent that the order for the amendment be subject to a 60-vote its anniversary, I would like to take us quorum call be rescinded. threshold; and that the motion to re- back to an earlier milestone in Amer- The ACTING PRESIDENT pro tem- consider be considered made and laid ica’s fight for independence, to share pore. Without objection, it is so or- upon the table. with you the story of a British vessel, dered. I would also say, before the Chair the HMS Gaspee, and to introduce you f rules, we have Senator MCCASKILL who to some little-known heroes now lost wants to offer an amendment on the in the footnotes of history. CONCLUSION OF MORNING same subject matter. We will do that BUSINESS In 1772, amidst growing tensions with at some subsequent time. American colonies, King George III sta- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- tioned his revenue cutter, the HMS pore. Morning business is closed. pore. Is there objection? Gaspee, in Rhode Island. The Gaspee’s f Without objection, it is so ordered. task was to prevent smuggling and en- The Senator from California is recog- ECONOMIC DEVELOPMENT force the payment of taxes. But to nized. REVITALIZATION ACT OF 2011 Rhode Islanders, the vessel was a sym- Mrs. BOXER. Mr. President, as I un- bol of oppression. The ACTING PRESIDENT pro tem- derstand it, I will have an hour and a The offensive presence of the Gaspee pore. Under the previous order, the half to present our side on the amend- was matched by the offensive manner Senate will resume consideration of S. ment and Senator SNOWE will have an of its captain, LT William Dudingston. 782, which the clerk will report by hour and a half. Could the Chair please Lieutenant Dudingston was known for title. give me the exact timeframes. destroying fishing vessels and confis- The legislative clerk read as follows: The ACTING PRESIDENT pro tem- cating their contents, and flagging A bill (S. 782) to amend the Public Works pore. Under the order, 1 hour 37 min- down ships only to harass, humiliate, and Economic Development Act of 1965 to re- utes for each side. and interrogate sailors. But on June 9, authorize that Act, and for other purposes. Mrs. BOXER. Thank you very much. 1772, an audacious Rhode Islander, Cap- I was close. Pending: tain Benjamin Lindsey, took a stand. McConnell (for Snowe) amendment No. 390, I wish to let Senator SNOWE know what my plan is at this time. First, I Aboard his ship, the Hannah, Captain to reform the regulatory process to ensure Lindsey set sail from Newport to Prov- that small businesses are free to compete am going to yield some time on an- and to create jobs. other subject—but it will be used on idence. On his way, he was hailed by the Gaspee to stop for a search. The de- DeMint amendment No. 394, to repeal the our time—to Senator WHITEHOUSE, who Dodd-Frank Wall Street Reform and Con- has something very important per- fiant captain ignored the command and sumer Protection Act. taining to his State, and then I am continued on his course. Recently, Dr. Paul amendment No. 414, to implement the going to come back and take as much Kathy Abbas, director of the Rhode Is- President’s request to increase the statutory land Marine Archaeology Project, has limit on the public debt. time as I might consume and it will not be that long. I wish to lay out suggested a motivating factor for Cardin amendment No. 407, to require the Dudingston to have sought to seize the FHA to equitably treat home buyers who where we are in this debate, why this have repaid in full their FHA-insured mort- bill is so important, and I am going to Hannah: she may have been carrying gages. make some remarks about Senator 250 pounds sterling onboard. As Dr. Abbas told the Providence Journal, Merkley-Snowe amendment No. 428, to es- SNOWE’s amendment. So I do not know tablish clear regulatory standards for mort- exactly how long it will take, but I will that was ‘‘an enormous sum’’ in those gage servicers. do it as quickly as I can and retain the days. The ACTING PRESIDENT pro tem- remainder of my time. In any event, Captain Lindsey and pore. The majority leader is recog- But at this time, I yield 10 minutes of his Hannah sought to evade the nized. my time to Senator WHITEHOUSE. Gaspee. Gunshots were fired, and the AMENDMENT NO. 390 Senator WHITEHOUSE is coming back Hannah sped north up Narragansett Mr. REID. Mr. President, if I called into the Chamber with his charts, and Bay with the Gaspee chasing behind in for regular order, which I am, that I reiterate, I will yield the first 10 min- pursuit. would mean the Snowe amendment utes of my time to Senator Outsized and outgunned, Captain would be pending; is that right? WHITEHOUSE. Lindsey drew courage and confidence The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Mr. from his keen familiarity with Rhode pore. The amendment is now pending. BROWN of Ohio). The Senator from Island waters. He led the Gaspee into Mr. REID. OK. Mr. President, first of Rhode Island is recognized. the shallow waters off Namquid Point, all, I appreciate the cooperation of Mr. WHITEHOUSE. Mr. President, I where the smaller Hannah cruised over Senator SNOWE, Senator COBURN, and thank Senator BOXER. the sand banks. The heavier Gaspee ran others. It is important we move along COMMEMORATING GASPEE DAYS aground, and stuck. The Gaspee was with this legislation. So for the next 3 Mr. President, my time in this Cham- stranded in a falling tide, and it would hours we will be able to debate the ber often gives me cause to reflect on be many hours before high tide would Snowe amendment. The time will be our history and on the brave patriots lift her free. equally divided during that period of who went before us, many of whom Arriving triumphantly in Providence, time. risked or even gave their lives to cre- Captain Lindsey visited John Brown, We have a number of amendments ate this great Republic. Today, I would whose family helped found Brown Uni- others want to offer. We already have like to talk about a group of men who, versity. The two men rallied a group of four in addition to hers that have been 239 years ago tonight, engaged in a dar- patriots at Sabin’s Tavern, in what is offered. We have time agreements on ing act of defiance against the British now the East Side of Providence. The those. I appreciate everyone’s help in Crown. Gaspee was despised by Rhode Island- moving forward in this regard. For many, the Boston Tea Party is ers who had been too often bullied in Mr. President, I ask unanimous con- one of the first events on the road to their own waters by this ship, and the sent that the time until 2:15 p.m. be our revolution. Growing up, we were stranding of this once-powerful vessel equally divided between Senators taught the story of painted-up Bosto- presented an irresistible chance. SNOWE and BOXER or their designees; nians dumping shipments of tea into On that dark night, 60 men in that at 2:15 p.m. the Senate proceed to Boston Harbor, to defend the principle: longboats led by Captain Lindsey and vote in relation to the Snowe amend- ‘‘no taxation without representation.’’ Abraham Whipple moved quietly down ment; that no amendments, points of Conspicuously missing from history Narragansett Bay. They encircled the order or motions be in order to the books is the story of the brave Rhode Gaspee, and demanded that Lieutenant Snowe amendment prior to the vote, Islanders who challenged the British Dudingston surrender the ship.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3636 CONGRESSIONAL RECORD — SENATE June 9, 2011 Dudingston refused, and instead or- that in addition to my remarks about want to do that. That is what this bill, dered his men to fire upon anyone who the Gaspee. the EDA bill, does. It is assisting busi- tried to board. Let me thank very much my chair- nesses. It is jump-starting business de- The determined Rhode Islanders took man on the Environment and Public velopment. We have example after ex- this as a cue to force their way onto Works Committee. I know she has im- ample of that—we also can work to the Gaspee, and they boarded her in a portant business on the Senate floor. It ease their burden a bit while not en- raging uproar of shouted oaths, gun- was very kind of her to give me those dangering the life and the health of the shots, powder smoke, and clashing few minutes to talk about this historic people. That is pretty straightforward, swords. Amidst this violent struggle day in Rhode Island and American his- and I would be very happy to work with Lieutenant Dudingston was shot by a tory. my colleague. But this bill has never musket ball. Right there in the waters I yield the floor. even had a hearing. This bill she is of- of Warwick, RI, the very first blood of The PRESIDING OFFICER. The Sen- fering has never been marked up. I what was to become the American Rev- ator from California is recognized. have had no opportunity, other than olution was drawn. Victory was soon in Mrs. BOXER. Mr. President, I just this one, to basically say how I feel. the hands of the Rhode Islanders. want to thank my colleague for his re- I know it is in contrast to the way Brown and Whipple took the captive marks. I offer my deepest sympathies Senator SNOWE feels, and Senator Englishmen back to shore. You can go to these impacted by that terrible fire. COBURN. I have lots of respect for them. today down behind O’Rourke’s Tavern Unfortunately, in this country we are I hope they have respect for me as in Pawtuxet Village, down Peck Lane witnessing so many disasters. It is so chairman of the Environment and Pub- toward the water, and see the bronze difficult for the people to deal with lic Works Committee because my view plaque commemorating the spot where this, but we have to always respond. I is, my obligation is, to protect the the captured crew was brought ashore. am glad he paid tribute to the fire- health and the safety of our kids. The Rhode Island patriots then re- fighters, the first responders, because How many kids have asthma? If I turned to set the abandoned ship on they are the ones who put everything asked a group here, I bet one-third of fire and rid Narragansett Bay of this on the line to help us. the hands would go up. If I asked how nuisance once and for all. As the We have before us a bill called the many people know someone with asth- Gaspee burned, the fire reached her Economic Development Revitalization ma, I bet more than half would raise powder magazine and she exploded like Act of 2011. It is S. 782. It is a good bill. their hands. So I think we cannot fireworks. The boom echoed across the It is a bill that is needed for our econ- willy-nilly just support an approach bay, as the remains of the ship omy because it is a bill that is focused that would take away the ability to splashed down into the water. The on one thing, jobs. When people are put the benefits of protecting health Gaspee was gone: captured, burned, and asked what our focus should be—and into any formulas before we say regula- blown to bits. The site of this historic we all know we need to reduce the def- tion should be thrown overboard. I victory is now named Gaspee Point. icit and the debt—they all say No. 1 is think there are ways to definitely work The wounding of Lieutenant jobs because without jobs, deficits only together. Unfortunately, today we are Dudingston and the capture and de- get worse, debts only get worse, as peo- going to have an up-or-down vote on struction of the Gaspee occurred 16 ple have to turn to the safety net that the Snowe amendment without that months before the so-called Boston Tea is provided in this great Nation for opportunity. Party. Perhaps this bold undertaking their very survival. So when we have I want to go through the fact that will one day show up in our history an opportunity to come together across the bill that is before us, the under- books, alongside pictures of the blazing party lines with a jobs bill, one would lying bill, S. 782, has strong bipartisan Gaspee lighting up Narragansett Bay. think we would be delighted to do it. support. It was reported out of our Perhaps American children will memo- This EDA, the Economic Develop- EPW Committee by voice vote, only rize the dates of June 9 and 10, 1772, and ment Administration, was reauthorized one objection, and that is because this the names of Benjamin Lindsey, Abra- back in 2004 when George W. Bush was EDA has operated for 50 years. It has a ham Whipple, and John Brown. President. Let me tell a story because very good tradition of creating jobs I do know that these events will everybody came together, and that and spurring growth in economically never be forgotten in my home State. EDA reauthorization passed by voice hard-hit communities nationwide. Over the years, I have often marched in vote and was signed into law by Presi- This bill is going to ensure that EDA the annual Gaspee Days Parade in War- dent George W. Bush. So it is a bit per- can continue to create jobs, thousands wick, RI, as every year we recall the plexing for me to note that we have of jobs, protect existing jobs, and drive courage and zeal of these men who dozens and dozens of amendments that local economic growth. It is distressing risked it all for the freedoms we enjoy are absolutely nongermane to this re- to me to see, for example, an amend- today, and drew the first blood in what authorization. We have one amendment ment by Senator DEMINT. He is very became the revolutionary conflict. that is pending that my colleague, Sen- proud of his amendment. What would it I would add, in the context of fires ator SNOWE, is offering, which has do? It would do away with the EDA. So and disasters, we have lost one of the never had a hearing. It has never had a on a bill to reauthorize the EDA, he signature buildings of Woonsocket, RI, markup, and it is absolutely going to has an amendment to eliminate the last night. It was called the change the way we can protect our peo- Economic Development Administra- Woonsocket Rubber Company. The ple from pollution, from danger. tion. building was known as the Alice Mills, I think it is unfortunate that rather Now, again, I respect his view, but I named after the mother of the presi- than work on this together, we are see- do not understand it. Why do I not un- dent of the company who built it, and ing this offered as an amendment. It is derstand it? Because in 2005, Senator it existed for—I do not know—100 years Senator SNOWE’s complete right to do DEMINT sent out a press release con- or more. It burned in a fire so great this. I respect it. I honor it. I under- gratulating local leaders for securing that 12 municipal fire departments had stand how strongly she feels. But I feel an EDA grant for the City of Dillon, to answer it last night; fire depart- just as strongly that something that SC. So we have Senator DEMINT pro- ments all the way from Wrentham, would ignore public health and safety posing to eliminate an agency which he MA, down to Warren, RI. and not even put that in the benefits lauded not once but more than once. I want to express my sympathies of column is something that is a danger Senator DEMINT was quoted in the Woonsocket on this loss and my pride to the people we serve. press release as saying: in the firefighters who responded from So we are going to have a debate This investment in Dillon County will save so far and wide to tend to this fire. Un- about it, and the votes will come at and create hundreds of South Carolina jobs. fortunately, the mill could not be 2:15. I am pleased we will get to vote. I And I am pleased that the EDA has awarded saved. These mills are very hard to pre- do hope at some point we will be able these funds. vent fires in once they get burning. We to look at regulatory flexibility, we So what planet are we on? We have a have lost something very precious in will be able to work to make sure that Senator who sends out a press release Rhode Island. I just wanted to note as we assist our businesses—and we all lauding an agency he now wants to

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3637 eliminate. So you would say, well, niques to make communities as competitive The PRESIDING OFFICER. There maybe that was 2005 and he has sud- as possible. are 76 minutes remaining. denly changed his mind. No. One year This is the chamber of commerce Mrs. BOXER. I yield the floor. ago, Senator DEMINT’s staff held a arm: The PRESIDING OFFICER. The Sen- workshop in Myrtle Beach to highlight As you consider EDA’s future roles and re- ator from Maine. competitive funding opportunities sponsibilities, we would be happy to share Ms. SNOWE. Mr. President, before I with you our experiences and lessons learned available to local communities and begin to address the pending amend- businesses through EDA and other Fed- in working with the agency and provide you with additional information. ment I have offered along with a num- eral agencies. ber of Senators in response to regu- June 16, 2010. Here it is: They talk about the unique capability the EDA can and does support. latory reform, I am going to yield to Workshop to Highlight Competitive Fund- They say EDA staff members displayed the Senator from North Dakota, who is ing Opportunities. a cosponsor of this legislation. I am de- The office of U.S. Senator JIM DEMINT and a high degree of professionalism and the Myrtle Beach Chamber of Commerce will technical expertise. They say they lighted that he is a cosponsor, and that provide a workshop— have engaged with them on multiple he recognizes and acknowledges the It goes on to say that the staff of levels, from consultation to sharing importance of changing the regulatory environment in America if we are Senator DEMINT will be there. valuable field experience at the State I don’t get what is going on. How do and local level. going to have job creation and eco- you send out a press release lauding an We have tremendous support. The nomic growth. agency and then say: Let’s do away AFL–CIO, dealing with the loss of con- The PRESIDING OFFICER. The Sen- with it. I don’t get it. If jobs are our struction jobs, says: ator from North Dakota. No. 1 priority—and I certainly know EDA has established an admirable track Mr. HOEVEN. Mr. President, I am the occupant of the chair is fighting 24/ record in assisting economically troubled pleased to be here with Senator SNOWE low-income communities with limited job and to rise in support of her legisla- 7 for jobs, for outsourcing jobs, and for opportunities by putting their investments job creation. tion, the Freedom Act of 2011. I will be to good use in promoting needed job creation brief in my comments. I know she has For every dollar spent in EDA, $7 of and industrial and commercial development. comments to make. I also appreciate private investment is attracted. His- The last chart is the American Pub- Senator BOXER’s comments in regard torically, $1 of EDA investment at- lic Works Association, which builds to Republican and Democrats coming tracts nearly $7 in private sector in- public works and the water and sewer together on this legislation. I think vestment. Now, you say: Well, for our systems we need. This is from Peter that is exactly what needs to happen investment with Federal dollars, how King, executive director of American with the Snowe-Coburn amendment, much does it cost for us to create one Public Works Association, dated this the Freedom Act of 2011. good job? The answer comes back: EDA month: I am pleased to be a cosponsor of this creates one job for every $2,000 to $4,600 I write on behalf of the 29,000 members of invested. That is a good investment. APWA in support of the Economic Develop- legislation. I draw on 10 years of expe- EDA is a job creator. That is why it is ment Revitalization Act, S. 782. We urge the rience as a Governor in our State in ex- perplexing to me to have a host of Senate to pass this legislation, which will pressing how very important it is that amendments that are distracting us create jobs, stimulate economic growth in we create the kind of legal tax and reg- from jobs, jobs, jobs. distressed areas, and improve the economic ulatory structure at the Federal level Between 2005 and 2010, with an invest- growth of local communities. that will help us to stimulate private ment of $2.4 billion, total jobs gen- After Senator SNOWE speaks and oth- investment and get this economy going erated were 450,000 and total jobs saved ers speak, I will reserve my time to go and growing and get people back to were 85,000. At the $500 million funding into specifically what programs we work. I know that is exactly what Sen- level authorized, if that was spent, have seen flourish because of that little ator SNOWE hopes to achieve with this EDA would create 87,000 to 200,000 jobs spark that gets lit when EDA gets in amendment, and will. That is why we every year and 400,000 to 1 million jobs there. The private sector loves this need to pass it. over the life of the bill. We don’t know program, and local governments and Just this morning, jobless claims that that $500 million will stay, but State governments love it. It has came out. New jobless claims were historically that is what we have au- worked since 1965. higher than anticipated, at 427,000. thorized through EDA. I urge my colleagues, if you have Last week, we got the employment Here are the people who are sup- amendments, let’s get time agreements numbers, and we gained only 54,000 porting an authorization of the EDA: and dispose of those amendments. Let’s jobs. Unemployment is 9.1 percent. At get to a final vote on this very impor- U.S. Conference of Mayors, American the same time, we face a more than $14 tant program, which has flourished Public Works Association, National As- trillion debt, and our deficit is more under Democratic Presidents, Repub- sociation of Counties, AFL–CIO, Amer- than $1.5 trillion. We are spending $3.7 lican Presidents, Democratic Con- ican Planning Association, Association trillion a year and only taking in $2.2 gresses, and Republican Congresses. of University Research Parks, Edu- trillion in revenue. Clearly we need to For goodness’ sakes, does everything cational Association of University Cen- get a grip on spending, but to get out of have to be a battle royale around here? ters, International Economic Develop- this deficit and debt and to get people We ought to be able to reach across the ment Council, Association of Develop- back to work, we need to get this econ- aisle when there is a bill brought up ment Organizations, National Business omy growing. That doesn’t mean the that deals with jobs. If we don’t do Incubation Association, State Science that, we honestly fail the people. Federal Government spending more; it and Technology Institute, University My very last point is that Senator means the Federal Government spend- Economic Development Association, INHOFE has worked very hard on this ing less and creating the kind of and National Association of Regional bill. Republicans have added a lot of re- progrowth, jobs-oriented economy and Councils. forms to the EDA. I think those re- legal tax and regulatory structure that We have a letter from an arm of the forms are important. One would elimi- will help us grow. U.S. Chamber of Commerce lauding nate a duplication of effort, and others If you look back at the 1990s, when this program, citing how well they would give the private sector the abil- we had a deficit, and even before, when work with the EDA. They say: ity to buy out the EDA interests. So I we had stagflation, it was a combina- We are the citizenship arm of the U.S. think, clearly, at this time, we should tion of a growing economy and better Chamber of Commerce, and in this capacity get these amendments done. fiscal management that got people we work with thousands of businesses and I am pleased Senator SNOWE is here, back to work and got us out of the def- local chambers of commerce on community icit and to a surplus. We need to do development and disaster recovery. These and she is anxious to speak. I will con- local chambers and businesses are constantly clude at this time and reserve the re- that again. We need this kind of legis- looking for national best practices, lessons mainder of my time. lation that will help us create a regu- learned, technical assistance, strategy sup- Mr. President, how much time re- latory environment that stimulates port, and other insights and tools and tech- mains on my side? business investment, creates jobs, gets

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It didn’t have hearings the same old refrains: ‘‘We don’t have time. direction. I am pleased to cosponsor first time it was offered to the Dodd- We have to rush it. It hasn’t had hear- this legislation with the Senator from Frank legislation last year, and yester- ings. We will do it sometime.’’ Well, Maine. I look forward to hearing her day’s amendment didn’t have a hear- tell that to the average American who remarks. ing. So is there a new standard, in the is struggling to keep a job, to find a job Ms. SNOWE. Mr. President, I thank Senate, when it comes to regulatory or to keep the doors open to their busi- the Senator from North Dakota, Mr. reform? Do you think there have been ness. That is what this amendment is HOEVEN, for his excellent remarks. As a any overtures by anybody who opposes all about. That is the reality. former Governor for 10 years, he knows my legislation to work with us on this We can pretend it is something else, the impact of regulations on small right away? but the macroeconomic numbers are businesses and how detrimental they What is happening on Main Street demonstrating time and again there is can be to job creation, particularly at America is that we are not creating a desperation out there. Yet, we take 2- this time where we have a very dif- jobs. Why? Because of what is failing to week recesses, then we come back and ficult economy. We have persistent happen in Washington, DC, in the Sen- have morning business and chat along, high unemployment and subpar eco- ate. There is a clear detachment from but it does nothing to resolve the con- nomic growth. We are at a consequen- the real world. Small businesses keep sequential issues facing this Nation. tial moment in our economic history, asking me what is going on. I say I There was a time when the Senate used frankly, that deserves the attention of can’t explain it, other than it is clear to work, where we could sit down and the Senate. So, again, I thank the Sen- that people don’t understand what is solve a problem. Now it is all a facade, ator for his comments in recognizing going on because if they did, we would a few talking points and we move on. the effect regulatory reform will have be working on it. In the meantime, people are suffering on the performance of small business I heard the Senator from California and they are handicapped by our in- and, ultimately, job creation in this say, ‘‘at some point.’’ But tell that to ability to work together. Regulatory economy. the person who is running a small busi- reform is central to that agenda, make I am very pleased to have many col- ness and trying to keep their neck no mistake about it. leagues cosponsoring this amendment. above water and keep their business Let’s look at what we are talking I am pleased to have worked with Sen- afloat during these very difficult about and why we need regulatory re- ator COBURN from Oklahoma, and this times. What do these small business form. The analysts have lowered their amendment is also cosponsored by Sen- owners talk about? They talk about forecast for the second quarter growth ators MCCONNELL, AYOTTE, BARRASSO, the regulations that are suffocating this year. The first quarter growth was BROWN of Massachusetts, COATS, ENZI, their ability to survive in a very tough already abysmal at 1.8 percent of GDP. ISAKSON, KIRK, HOEVEN, JOHNSON, economic climate. Manufacturing recovery has slowed. MORAN, THUNE, and VITTER. It is clear We are dithering. That is what this is Housing remains in shambles. New to me that many of the Senators un- all about. It is all a masquerade, a fa- claims for jobless benefits, as the Sen- derstand the value and imperative of cade, just bringing up bogus argu- ator from North Dakota indicated, ex- reforming our regulatory system. It is ments. I have been in the legislative ceeds 400,000—again. Growth of con- absolutely vital that the Federal Gov- process for the better part of four dec- sumer spending is sluggish. ernment consider the small business ades, and I know when there is a seri- The President talks about job cre- economic impact of the rules and regu- ous purpose about working together ation and stimulating the economy, lations that agencies promulgate. and solving a problem. It appears to me but the results speak louder than The question might be asked, Why do that there is no interest in solving this words. Since the President took office, we need regulatory reform? We had a problem here in Washington. Every- unemployment has dipped below 9 per- bill on the floor last month, in early body has their own agenda, but people cent for only 5 months. Even that data May, wherein I was denied a vote, are wondering why there is this unem- is skewed because it doesn’t account which was regrettable because it is ployment rate of 9.1 percent. for the millions of workers who have clear that many people don’t under- When I raised these concerns to the exited the workforce altogether. Just stand how important this is and how Secretary of the Treasury back in last week, the unemployment rate for central it is to small business job cre- early February in the Finance Com- May increased to 9.1 percent. We are ation, how vital it is to the survival of mittee, when he was testifying—I de- experiencing the longest unemploy- small businesses and the cost of doing scribed the concerns about what was ment period in American history since business across America. But I keep happening on Main Street because I data collection started in 1948, sur- hearing from certain colleagues, ‘‘Yes, take Main Street tours, and I invite passing even the 1982 double-dip reces- we understand it is important; how- people to do that and to actually listen sion for the length of unemployment. ever’’ or ‘‘but’’ or ‘‘at some point.’’ to what people are saying—he said: ‘‘I Despite the President’s promise, and Let’s define ‘‘at some point.’’ When? think your view of the economy is dark an $800 billion stimulus package, a $700 When I was denied a vote on regu- and pessimistic.’’ billion TARP program, up to $600 bil- latory reform, on May 4 in the Senate, I said: Well, maybe I wasn’t hearing lion in quantitative easing by the Fed- I heard that we are going to have hear- it right. Maybe I wasn’t hearing it eral Reserve, and over $2 trillion in ings on the issue. Well, that obviously right on Main Street. So when I meet overall government spending, we are has not occurred. So it becomes the with small business owners, I mention years away from where we need to be politics of obfuscation, not the reality. the Secretary’s comments to them, and in terms of job or economic growth. As I heard from a small business owner they cannot believe it. They cannot Mr. President, 40 months after the yesterday, ‘‘When I come into Wash- comprehend that the Secretary of the start of the four deepest postwar reces- ington, it is a walled city—walled off Treasury doesn’t understand what is sions our economic output averaged 7.6 from reality, detached from the real going on on Main Street; that the ad- percent higher than pre-recession lev- world on Main Street.’’ ministration doesn’t, the Senate els. Yet since December 2007, when the I have been told that a concern with doesn’t, and the Congress doesn’t. If most recent recession commenced, our this amendment is that we have not they did, we would be working here day GDP has only increased 0.1 percent. had hearings. We had a hearing in the and night. That is why we need regulatory reform. Small Business Committee on regu- I was told I had to have a vote on this We need to bolster job creation, and latory reform, but that is not enough amendment right now. Why? Because it the only place we can do that is for the Senator from California, who is is Thursday, and certain members of through small businesses.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3639 The Senator from California says we enue Service from the calculation cost try and why there is that despair, that need hearings on this amendment. of regulations. Well, ask a small busi- anxiety. Then we should change the rules of the ness or any business in America about By the way, about 80 percent of the Senate and require that every amend- whether IRS regulations have a cost American people believe we are moving ment offered on this floor has a hear- for them. Of course they do. We have to in the wrong direction when it comes ing, and every bill. That must be a new include all agencies of government to our economy. That should be a Paul standard, Mr. President. We have had that have an impact directly on small Revere wake-up call. It should be a hearings on this question in the Small business or any business in America. message on which we might want to re- Business Committee, and the focus is Even a separate White House finding align our focus in the Senate. that we desperately need reform. acknowledges that the estimated an- Maybe we should spend some time in In a small business regulatory reform nual cost of major Federal regulations the Senate working out the issues to hearing in November 2010 we heard a reviewed by the Office of Management solve the problems so we can create witness note if there was a 30 percent and Budget this past decade cost be- jobs for Americans who are unem- cut in regulatory costs, an average 10- tween $44 billion and $62 billion. ployed, because we know that 9.1 per- person firm would save nearly $32,000— The point is, the principal impedi- cent doesn’t capture all unemployed enough to hire one additional person. ment to job creation in this country is Americans. There are many who have When President Reagan entered of- a broken regulatory system. We have dropped out of the workforce entirely. fice in 1981, he faced actually much repeatedly talked about it. It is a top You could have, underemployed or un- worse economic problems than Presi- priority for the small business commu- employed, as many as up to 25 million dent Obama faced in 2009. I know be- nity across America. Every major orga- Americans. That is staggering. That is cause I served in the House of Rep- nization that is a key voice for small breathtaking. resentatives at that moment in time. business echoes this repeatedly: Fed- Since the time I was denied a vote, With unemployment soaring into dou- eral regulations have placed a tremen- we could have been moving ahead on ble digits, at a peak of 10.8 percent, dous burden on them. this legislation, or in the interim from when I was denied that vote on May 4, huge chunks of industrial America I know many of my colleagues and I working out a solution, working shut down in the recession of 1981–1982 understand the critical nature of all of through these issues. And during that and never reopened. Yet once the re- this. We have heard the message loud time, the chairman of President covery began in earnest in the first and clearly. Even the President, inter- Obama’s own Council on Jobs and Com- quarter of 1983, the economy boomed. estingly enough, issued an Executive petitiveness, General Electric CEO Jeff It exceeded 7.1 percent for five consecu- order in January to begin the process Immelt, announced the top four prior- tive quarters and kept growing at a 4- of reviewing Federal regulations, cit- ities. This just happened on May 10. percent pace for another 2 years. ing the need for ‘‘absurd and unneces- Understand, on May 4 I was prevented The contrast in results between the sary paperwork requirements that from having a vote on regulatory re- current recovery and the Reagan years waste time and money.’’ So in 4 form. That is preposterous. We have is instructive because the govern- months the administration’s prelimi- not had hearings. Hearings sometimes ment’s response was so different. As a narily findings uncovered over $1 bil- are a path to nowhere; leading to noth- recent Wall Street Journal article reit- lion in savings in 30 agencies. They ran ing. But since then, have there been erated, in the 1980s the policy goals the gamut. They included even envi- hearings called for? No, of course not. were to cut tax rates, reduce regu- ronmental regulations. But 6 days later, who is speaking on latory costs and uncertainty—which is So, obviously, there is some recogni- regulatory reform? The President’s what these regulations are producing tion and acknowledgment that regula- own Council on Jobs and Competitive- day in and day out—let the private tions are a barrier and an impediment. ness chairman, that is who, and he is economy allocate capital free of polit- The President is making eliminations noting a number of priorities. Guess ical direction, and focus monetary pol- at the Occupational Safety and Health what. One of them happens to be regu- icy on price stability rather than on re- Administration and the Environmental lations to support a pro-growth envi- ducing unemployment. That is the type Protection Agency. And yet, I don’t ronment and strengthen U.S. competi- of policy mix we need to rediscover if think anybody would suggest he is try- tiveness. He listed improving and inno- we are going to climb out of this eco- ing to eradicate all environmental pro- vating education and bolstering ex- nomic downturn. tections in America by identifying ports to the world’s fastest growing Let’s look at the first chart—small some that just aren’t worthy of support markets as three of those priorities. business job creators in my State and because they are onerous. He would Then he called for ‘‘collaboration be- across America because they are the eliminate the requirement that States tween government and business with ones that create 70 percent of all the install a system to protect against fuel regard to regulation’’ as a top priority, net new jobs in America. That is why polluting the air at gas stations since noting that ‘‘Decades of overlapping, regulation reform becomes so essential modern vehicles already have these uncoordinated regulations create un- and imperative. The total cost of regu- systems. That would save up to $67 mil- necessary hurdles and increased bur- lation is at $1.7 trillion—that is with a lion a year. But no one in this Chamber dens for entrepreneurs and businesses, ‘‘t’’—and small firms with fewer than is going to accuse the President of say- large and small, across the country.’’ 20 employees bear a disproportionate ing, well, we are undermining all envi- Let me repeat, this is from the Presi- burden in terms of those costs. It is ronmental regulations in the country. dent’s hand-selected chairman of a $10,585 per employee, which is 36 per- It is as if we can’t be discerning and council dedicated to create American cent higher than the regulatory costs discriminating in evaluating what is jobs and boosting our competitiveness. confronting larger firms. worthy and what isn’t, what is too He made this pronouncement less than I know some people like to dispute costly and complex and what isn’t, a week after the Senate failed to con- numbers and say: Oh, no, that is not what makes sense and what doesn’t in sider my regulatory reform amendment really a true number. Oh, really? Just this current context of this economic to the SBIR Reauthorization legisla- add them up. There was a study that environment. Can we spend time doing tion that we were considering for near- was done by Crain and Crain. They that, since I was denied the time on ly two months, with a mere three days added the estimated cost of four cat- May 4 and an ability to vote on this of votes over that time. egories or types of regulations—eco- amendment? Could we have worked You might think that if there were nomic regulations at $1.2 trillion; envi- that out? Absolutely not. So why can’t some reasonable concerns about my ronmental regulations at $281 billion; we become involved in this effort? amendment, the other side would try task compliance, $160 billion; and regu- It seems we are turning a blind eye to work with me since then. Nothing. lations involving occupational safety, to it. There is no recognition because I Nothing. We might have had a recess or health, and homeland security, $75 bil- don’t think there is a full under- two. We had days without votes, days lion. standing or an appreciation of what is without debating key issues—actually Some studies omit independent agen- going awry in the economic landscape not just days, weeks. Nothing. Nothing cies. Some even omit the Internal Rev- in every community across this coun- is connecting.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3640 CONGRESSIONAL RECORD — SENATE June 9, 2011 What is connecting, though, unfortu- What can we do to make it better? tion. It is not unusual for an IG to de- nately for small businesses and people That is the key. The key is making termine that the agency they are over- who depend on them for jobs, is that some changes. One, I called for a small seeing complies with existing laws. there is a cause and effect and that is business review panel to be required for After all, isn’t that what they precisely why you are seeing the deleterious ef- every agency so they can review the do? Would anybody argue that out- fects of our inability to work on the regulations before they are promul- dated and ineffective regulations hurt issues that matter, that we have basi- gated, before they are implemented, so the environment or harm small busi- cally relegated all of this to the back- we find out beforehand what might be nesses? The administration’s own pre- seat, we have substituted other things of concern to small business, what liminary review of regulations at 30 without purpose. It is truly regrettable might have potential costs or risks, or agencies in 4 months identified $1 bil- because of what it is doing to the aver- will not work out, and know it before- lion worth of savings. Why would we age American and for those who are hand. I hear from some: Oh, no, we will not want to start having those reviews struggling. People, rightfully, know it. work it out later, afterward. You ask become the norm rather than the ex- The American people understand what the small business person how you are ception? I do not understand it. Are we is happening here—or what is not hap- going to work it out afterward, after that busy here that we cannot do it? pening here, I should say. they paid astronomical costs to comply Maybe we could forfeit a few recesses The breadth of regulations is truly with that regulation. and do some work for America to con- punitive on businesses in America. The Let’s set up the small business re- nect what is going on in Main Street— Heritage Foundation reported last year view panels. This is not a new model. getting back to Main Street because that ‘‘[t]he burden of regulation on There are such panels for OSHA and that is where the jobs are created. Americans increased at an alarming EPA. And due to an amendment that I Maybe we could spend more time rate in fiscal year 2010,’’ with a record offered to the financial regulatory re- here doing that instead of deferring to 43 major new regulations costing $26.5 form bill, one also now exists at the sometime down the road. billion alone, ‘‘far more than any other Consumer Financial Protection Bu- I made some other key changes in year for which records are available.’’ reau, and it is part of that mechanism hopes that we could build that bridge That is just in 1 year, $26.5 billion. now. There was a model that we adopt- in response to the concerns that were That is on top of the $1.75 trillion in al- ed from OSHA and EPA, from 1996, given by the other side. I made five ready existing total regulatory costs. when we had a Democratic administra- major modifications because I thought That is just 1 year, $26.5 billion. tion, and it worked exceptionally well. it is important to build bipartisan sup- It is clear the administration and the So I thought, Why not apply it to every port. Again I was denied that oppor- agencies have gone on a regulatory agency? tunity. rampage. Again, it is that detachment But we heard, absolutely not. Now we are being told that the main from the real world. What does this So I said OK, what can we do to work concern is that it has not had a hear- mean? What are the real, practical im- it out? I talked to those on the other ing. Does that mean that we ought to plications for the person running a side of the aisle and we changed it and change the rules of the Senate, as I small business and trying to calculate said for the 3 years that this bill will said earlier, to require a hearing for the costs or anticipate future costs? be authorized we will do it for nine every amendment? Perhaps that would Why are they going to hire a new em- agencies, three a year, to see how it slow the train down even more here. ployee and take on new costs? Why works for the nine agencies who’s rules Maybe we could get back to achieving should they make investments? They have the most effect on small busi- some results. don’t dare. They can’t take the risk. nesses. I did that. I made that change Another provision I have in my Regu- They say: We don’t know. to address the concerns that were ex- latory Reform Act that I have intro- I meet with small businesses regu- pressed on the other side of the aisle. duced with Senator COBURN and so larly and talk to them and they say it Then we said we should start requir- many others here, is a basic common- is the uncertainty with regulations ing the agencies to do what they are sense approach: incorporating the indi- that continues to limit their decisions. supposed to do by law. You think it is rect economic effects of regulations on This demonstrates it. a little redundant to ask them to do small businesses so we make sure they The Heritage Foundation reports what they are required to do already, anticipate the foreseeable indirect eco- that ‘‘[r]egulatory costs will rise until which is to review the rules? They are nomic effects in addition to the direct policymakers appreciate the burdens supposed to review the rules every 10 effects, because we know there are a that regulations are imposing on years but, guess what, they do not. So multiplicity of effects that resonate Americans and the economy, and exer- I said: If they are not reviewing a rule and reverberate with other industries. cise the political will necessary to every 10 years, then that rule cannot be That needs to be calculated and incor- limit—and reduce—those burdens.’’ that important. So let’s take it off the porated and factored into the equation That is exactly what our amendment books. That is what I proposed. If an in terms of cost. And let’s be clear. will do. This is a clarion call for regu- agency cannot be bothered to review This is not a radical or partisan propo- latory reform. There should be no po- the regulations as they are required to sition. In fact, the language was taken litical or philosophical boundaries. do under the law every 10 years, if they directly, word for word, from the Presi- There should not be philosophical dif- are not doing it, then it must not be dent’s Chief small business regulatory ferences. You might have some argu- that important so let’s take them off. watchdog, the head of the SBA Office ments about what approach you take, There was some resistance on the of Advocacy. but those things could be worked out. other side so I made the change in re- I also recommend that we expand the In fact, that is exactly what I did with sponse to the concerns. What I incor- judicial review requirement so we the amendment I offered on which I porated is that they would lose 1 per- make sure that when an agency pro- was denied a vote back on May 4. cent of their operating budget. That is poses a rule, it has complied with its From the other side there were some fair. We have to give them incentives existing legal requirements to consider issues. We made five major modifica- to do what they should be doing by law the economic impact of the rule on tions to my proposal because it is im- but we will now give them some great- small businesses, that it has con- portant to build bipartisan support. I er impetus to comply with the law. It templated less costly alternative ways have certainly reached across the aisle is amazing that we are in that position, to make the rule less burdensome. on so many occasions. I would have but that is where it stands. So I made That is important because they thought we could have had a cor- that change because I thought it was ought to listen to diverse options, in responding response to work out these important. terms of the rule they are proposing, to issues. That is what I do not under- We have tasked inspector generals make sure that they have incorporated stand. I cannot understand. There with assuring that these reviews are the views of small businesses in under- should not be any debate. If they talk taking place and they can do so in con- standing the implications, being more to their small business community, sultation with the chief advocacy coun- exact and precise in the process—not they will get the same response. sel at the Small Business Administra- waiting until months and years down

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3641 the road, after you go through a very this is going to decimate the environ- cost of federal regulation per employee is extensive, complicated rulemaking ment, and workplace safety, that this significantly higher for smaller firms than process, to try to make your case. is going to decimate health care. If larger firms. Federal regulations—not to Small businesses do not have the re- mention state and local regulations—add up that is the case, the President must be and increase the cost of labor. If the cost of sources to do that to begin with, let doing the same thing because he has labor continues to increase, then job cre- alone the time or employees to do it. just proposed revoking more than $1 ation will be stifled because small businesses That is not a good use of their capital, billion worth of regulations from agen- will not be able to afford to hire new employ- by the way, to be spending their time cies in 4 months. We cannot even have ees. arguing with a government agency a hearing in 4 months on the issue if The Small Business Regulatory Freedom time and again. hearings are so important to the out- Act expands the scope of the Regulatory For 30 years, small businesses have Flexibility Act (RFA) by forcing government come. I would be more than happy to regulators to include the indirect impact of had the ability to seek judicial review have hearings to get it done, but we of an agency’s small business impact their regulations in their assessments of a cannot even get hearings, cannot work regulation’s impact on small businesses. The statement after the rule has been it out. It is just talk, talk, talk. bill also provides small business with ex- made. In this entire time period, for Many of my proposals have bipar- panded judicial review protections, which over 30 years, even with the ability to tisan support. In fact, interestingly would help to ensure that small businesses obtain judicial review, we know of only enough, this proposal regarding judi- have their views heard during the proposed two rules that were remanded by the rule stage of federal rulemaking. cial review was a provision that actu- The FREEDOM Act strengthens several courts. One was a mining regulation ally the Small Business Committee that did not account for the number of other aspects of the RFA—such as clarifying chair, the Senator from Louisiana, pro- the standard for periodic review of rules by small businesses that had gone bank- posed and Senator CARDIN from Mary- federal agencies; requiring federal agencies rupt under bonding requirements. The land, in a nearly identical fashion as to conduct small business economic analyses other was fishing restrictions issued section 605 of the Small Business In- before publishing informal guidance docu- without realizing the impact on fisher- vestment and Innovation Act of 2010 in ments; and requiring federal agencies to review existing penalty structures for their men. This means that waiting until the the 111th Congress. They obviously rule is final is simply too late; the impact on small businesses within a set agreed with the approach. There is timeframe after enactment of new legisla- damage is done. nothing partisan about this. We ought To correct this injustice, our amend- tion. These important protections are needed to be able to work this out. There is to prevent duplicative and outdated regu- ment would provide small businesses nothing complicated about it. There is latory burdens as well as to address penalty the ability to bring legal action earlier structures that may be too high for the in the process so we can avert mistakes nothing complicated about addressing a fundamental issue facing small busi- small business sector. at the outset so we do not force small The legislation also expands over time the businesses to go through this onerous, ness. small business advocacy review panel proc- complicated, costly process, and then I just want to set things straight so ess. Currently, the panels only apply to the find out we made a mistake, the agen- it is clear and we are not misunder- Environmental Protection Agency, the Occu- cies made a mistake, and they say: You stood. Some are making generalized pational Safety and Health Administration, know what. You are going to have to mischaracterizations. People have not and the Consumer Financial Protection Bu- reau. These panels have proven to be an ex- fight it and go through another rule- read the amendment, or taken the time and effort to understand it. Reason it tremely effective mechanism in helping making process which takes months if agencies to understand how their rules will not years. It is not going to happen. out, and if you disagree, come up with something so we can move with ur- affect small businesses, and help agencies That is why we are not stimulating identify less costly alternatives to regula- economic growth; we have thousands of gency, with dispatch because we are tions before proposing new rules. regulations. losing jobs in America. We are losing We applaud your efforts to ensure the fed- As a result, we have provided small businesses. This would help enor- eral government recognizes the important businesses the ability to bring legal ac- mously. contributions of job creation by small busi- tion, to seek judicial review prior to That is why the legislation I have in- ness, and look forward to working with you on this important legislation. the rule becoming finalized, whether an troduced, and the Senator from Okla- homa and others, has broad support Sincerely, agency failed to comply with its exist- Air Conditioning Contractors of Amer- ing small business review requirement. from major small business organiza- ica; American Bakers Association; This is a commonsense approach, to en- tions across America. They under- American Chemistry Council; Amer- sure agencies abide by the law prior to stand. They are hearing from their ican Farm Bureau Federation; Amer- a rule being made final. It is not a par- membership. And speaking of this, Mr. ican Trucking Associations; Associated tisan measure. It is just practical President, I ask unanimous consent to Builders and Contractors; Food Mar- sense. If somebody has not run a small have printed in the RECORD two letters keting Institute; Hearth, Patio & Bar- business, they probably do not under- of support, one from 32 major business becue Association; Hispanic Leadership organizations and another from the Fund; Independent Electrical Contrac- stand it, do not appreciate what it tors; Institute for Liberty; Inter- takes to start or run a small business, Chamber of Commerce. national Franchise Association; Na- the ingenuity and the cost involved. There being no objection, the mate- tional Association for the Self-Em- If you take a small operation with 5 rial was ordered to be printed in the ployed; National Association of Home employees, 10 employees, 20 employees, RECORD, as follows: Builders; National Association of RE- they are the majority of small busi- JUNE 8, 2011. ALTORS; National Association of the nesses in America. And small busi- Hon. OLYMPIA SNOWE, Remodeling Industry (NARI); National nesses account for up to 70 percent of U.S. Senate, Washington, DC. Automobile Dealers Association the net new jobs in America. Remem- Hon. TOM COBURN, (NADA); National Black Chamber of U.S. Senate, Washington, DC. Commerce; National Federation of ber, in the last 21⁄2 years other than 4 DEAR SENATORS SNOWE AND COBURN: As Independent Business; National Fu- months, we have had 9 percent or high- representatives of small businesses, we are neral Directors Association. er unemployment rates. I mean, that is pleased to support Freedom from Restrictive National Lumber and Building Material a dire commentary of where we stand Excessive Executive Demands and Onerous Dealers Association; National Res- today after we have spent $2 trillion, Mandates (FREEDOM) Act of 2011. This leg- taurant Association; National Retail and the deficit is growing, the debt is islation puts into place strong protections Federation; National Roofing Contrac- growing. We are facing the potential of for small business to help ensure that the tors Association; Plumbing-Heating- a debt crisis if we do not deal with this federal government fully considers the im- Cooling Contractors—National Asso- massive accumulation of debt. That is pact of proposed regulation on small busi- ciation; Printing Industries of Amer- why job growth becomes such an im- nesses. ica; Small Business & Entrepreneur- In an economy with high unemployment, ship Council; Snack Food Association; perative. This is why regulatory reform and where almost 2⁄3 of all net new jobs come Society of American Florists; Society is urgent and why we must do some- from the small business sector, we appre- of Chemical Manufacturers & Affili- thing about it. ciate that your legislation would require reg- ates; U.S. Chamber of Commerce; Win- We could work across the aisle in- ulators to further analyze the impact of cer- dow and Door Manufacturers Associa- stead of making broad accusations that tain proposals on job creation. The annual tion.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3642 CONGRESSIONAL RECORD — SENATE June 9, 2011 CHAMBER OF COMMERCE OF THE but it is important to understand—I we can do better. There have been soar- UNITED STATES OF AMERICA, just want everybody to understand not ing moments in this Chamber and Washington, DC, June 8, 2011. every amendment offered on the Sen- there can be again. This is one of the Hon. OLYMPIA J. SNOWE, ate floor, every proposal, has a hearing. most consequential times in our eco- U.S. Senate, Washington, DC. Hon. TOM COBURN, Far from it. Very few ever do. nomic history, and we have an obliga- U.S. Senate, Washington, DC. We had a hearing on small business tion to lift up the spirits of the people DEAR SENATORS SNOWE AND COBURN: As a regulations last fall. That is why I am by working together on the issues that longstanding advocate for reducing excessive working this out, but we cannot work matter, and this is one issue that mat- regulatory burdens on small businesses, the it out. There is no process or mecha- ters because there are 30 million small U.S. Chamber of Commerce strongly sup- nism. It is all talk. No action for where businesses in America. They are the ports S. 1030, the ‘‘Freedom from Restrictive it matters most, and I feel the despair job generators and creators, and if we Excessive Executive Demands and Onerous Mandates (FREEDOM) Act of 2011.’’ If en- and anxiety of my constituents. I feel do not recognize the reality of this acted into law, this legislation would expand it intuitively. I wish we could do bet- type of reform and we cannot get it the responsibilities under the Regulatory ter. done, then we have failed to do our Flexibility Act (RFA) of federal agencies I have been in the legislative process, jobs. And I regret that. during the rulemaking process so that a as I said earlier, for the better part of I believe we can do it, and working it more thorough economic impact of proposed four decades. My whole reason for serv- out instead of talking about hearings regulations on small businesses would be ing in public office is to rise to a higher at some point, some ambiguity, as if taken into account by regulators. One provision in the bill would force agen- level. I believe it is my responsibility we cannot appreciate or understand cies to take into account the foreseeable in- to solve the problems on behalf of peo- what is happening in the real world and direct economic impact of rules on small en- ple I represent and, hopefully, the households every day on our Main tities when analyzing potential burdens. As a country. There are only 100 United Streets. If you do not, then I suggest result, regulators would have a better pic- State Senators. It matters for our you take a few Main Street tours and ture of the downstream implications of a States, and it matters for our country. talk to small businesses and talk about proposed rule on other businesses that might I would hope we could aspire to a high- their fears. These are Americans who not otherwise be considered. Another section of the bill would subject er level than this; certainly, in the are working mighty hard to make a agency guidance documents to the small aftermath of the last election, where difference in this world. All they want business safeguards contained in the RFA. In there was an indisputable, unequivocal is a better life for themselves and their many cases agencies have circumvented message from the American people beg- families and their children and, in fact, their rulemaking responsibilities by issuing ging and pleading with us to solve we are retreating. informal guidance. Requiring agencies to problems. We have an obligation to stand up to perform small business economic analyses We have an individual and a collec- do what is right. I hope we can find our before publishing informal guidance docu- tive responsibility. We know how to do ments would help prevent regulators from way somehow, somewhere. This is a subverting their rulemaking duties under it, and we can do it. The genius of great place to start to make a dif- the law. America has always been working to- ference. The U.S. Chamber of Commerce is the gether to solve our problems. It has I yield the floor, Mr. President. world’s largest business federation, rep- been the hallmark of the innovation The PRESIDING OFFICER (Mr. resenting the interests of more than three and the can-do spirit of America. I hap- BEGICH). The Senator from California. million businesses and organizations of every pen to believe in that can-do spirit. I Mrs. BOXER. Mr. President, I appre- size, sector, and region. More than 96 percent know it is possible if we have a process ciate the passion with which my col- of the Chamber’s members are small busi- and a procedure in the Senate that al- league spoke, and I could not disagree nesses with 100 or fewer employees. On behalf of these small employers, we applaud your lows for it. more with her when she says we are leadership on introducing this important When I get up every day, it is about masquerading as if we are doing some- piece of legislation and look forward to what I can do for the people I represent thing. working with you on its passage. and for this country at a very trying Were we masquerading when we Sincerely, and anguishing moment, where the un- brought the small business jobs bill to R. BRUCE JOSTEN. certainty is permeating the American the floor, and Senator LANDRIEU, who Ms. SNOWE. Our amendment in- psyche; to feel and to understand the chairs the Small Business Committee, cludes a number of other provisions fear that people get up with every day stood here day after day after day and that would be important. For instance, wondering if they are going to find a only faced a filibuster from the Repub- we asked the Internal Revenue Service job or keep a job. Even if they get a licans? We could not get that bill done, to consider small business impact on job, it is about one-third of what they and millions of jobs were in the bal- rulemaking, and that agencies review were making before. I heard that story ance. Were we filibustering? No, they their rule penalty structures. I think yesterday from some constituents, were. Were we masquerading? we should ask the Internal Revenue about the hundreds who apply for a job Were we masquerading when we Service to consider small business im- for one-third of what they were mak- brought the FAA bill to the floor, in pact as well. It is reasonable. They ob- ing. How are they going to keep their which my colleague, Senator SNOWE, viously have a broad effect on small families afloat, their homes? If they played a huge role? Thank God, we businesses across America. can keep it. That is what it is all passed it. Were we masquerading? That I have spoken on this issue at great about. bill is held up because the House Re- length because I think it is that impor- Why is it we cannot replicate it here publicans have not chosen conferees, tant. I have been a ranking member of in actions and speak to the American and we are waiting to have a 21st-cen- the Small Business Committee. I have people and give voice to those fears and tury aviation system in this great Na- been chair of the Small Business Com- say we are going to do it, we are going tion where we are using radar that was mittee, since 2003 in either capacity. to do it right here, and then systemati- used in the last century—practically My State of Maine is a small business cally tackle those issues one after the the century before. Come on. We are State with over 97 percent small busi- other and just do it and do it as long as trying to do our job. nesses, so I fully understand and appre- it takes, even if we have to work week- She talked about the last election. I ciate the magnitude of the situation, ends? Americans are working week- will talk about the last election. I was the circumstances in which they find ends, two and three jobs. They are on the ballot, so I can talk about it. It themselves and struggle to survive. doing everything. We take recesses. We was about jobs. I told my people when The interchange fee amendment to this do this. We ‘‘obfuscate’’ is the word I get back here: Jobs, jobs, jobs. I am bill, was an important issue that con- that comes to mind, sort of create a proud to say we have on the floor right sumed a lot of time in the Senate. I confusion, a masquerade that we are now a bill to reauthorize the Economic certainly did not complain because I doing something to mix it up. Development Administration, a pro- understand that. It did not have a hear- The practical impact in the absence gram that has been around since 1965 ing. It is a new proposal—that did not of what we are doing is directly felt at and one which has a stellar record of have any hearings. I did not complain, home on the average American. I know attracting $7 of private capital for

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3643 every $1 we spend. The cost of each job has spoken for a very long time and I The PRESIDING OFFICER. Let’s created is approximately $3,000 per job, want him to have some time and I am make sure. Up to 10 minutes for Sen- and they are good jobs. The Chamber of wrapping up my comments. I would be ator BROWN of Ohio, then Senator Commerce arm is supporting this and happy to propound a unanimous con- THUNE to follow, and then Senator the AFL–CIO. sent request that after Senator COBURN will follow. We are dealing with amendment after BROWN’s remarks for 10 minutes, we Mrs. BOXER. That is correct. amendment after amendment, and it is then turn to Senator THUNE for 10 or 15 The PRESIDING OFFICER. Is there fine. It is everybody’s right, and I ap- or 20 minutes or whatever it is he wish- objection? preciate the fact that we will be voting es. Without objection, it is so ordered. on this amendment at 2:15. We even Mr. THUNE. Mr. President, point of Mrs. BOXER. I have one more ques- have an amendment to do away with clarification. My understanding is the tion. I still have the floor? the very agency we are trying to reau- Senator from California cannot yield The PRESIDING OFFICER. Yes. thorize by Senator DEMINT, even time to another Senator. Mrs. BOXER. I said at the conclusion though in 2005 he had a very big press Mrs. BOXER. I am not yielding time. of my remarks we would turn to Sen- release lauding the EDA and, as re- The PRESIDING OFFICER. The Sen- ator BROWN. How many minutes recently as last year, his staff attended a ator can yield time but not the floor. main on each side? workshop where they were working The Senator from California. The PRESIDING OFFICER. There is with the EDA and praising the EDA for Mrs. BOXER. Thank you. So is there 68 minutes for the majority and 47 min- their work to reinvigorate jobs. objection to my unanimous consent re- utes for the minority. I appreciate being lectured—and it is quest that Senator THUNE be recog- Mrs. BOXER. Thank you very much. everybody’s right to do it—and I will nized immediately after Senator I will wrap up in a couple minutes and do anything to defend my colleagues’ BROWN for as long as he wishes? come back later. right to say whatever they want. It is The PRESIDING OFFICER. The Sen- I think it is very important to reit- just not true. The masquerading here is ator from Maine. erate what I said before. I don’t think being done by Republicans who fili- Ms. SNOWE. Reserving the right to we are masquerading around here; I buster almost every single thing we do. object, the Senator from California has think we are trying to do our work. I hope we are going to get to the se- been addressing the Senate, so The bill before us was voted out of the ries of amendments. We are being very wouldn’t it be appropriate for the Sen- committee. It had hearings. It had a cooperative with our colleagues. We ator from South Dakota to speak? vote. It was bipartisan, unlike the are going to take some of these—some Mrs. BOXER. My unanimous consent amendment offered by my friend who of these amendments are for show. request is that I have the right to call never had a hearing. Let’s be clear. We Fine. Everyone has that right. It is on Senator BROWN. I can yield to Sen- are not masquerading; we are doing our fine. But let’s get it done, and let’s get ator BROWN is my understanding. work. going with authorization of a bill that The PRESIDING OFFICER. The Sen- I only hope this bill gets better treat- is going to create jobs. That is the ator can yield time but not control of ment than the small business bill. My whole idea of it. The last time we voted the floor. friend is speaking for small business. on it, we had a unanimous vote. Since Mrs. BOXER. I wish to yield time to We all know small business is the en- 2004, we had a unanimous vote, and Senator BROWN. gine of jobs, and that is why it was George Bush signed this into law. The PRESIDING OFFICER. It does shocking to me that the Republicans I just want folks to know I have an- not give Senator BROWN the floor. filibustered the last small business bill other couple minutes of remarks, and Mrs. BOXER. So then I will yield to that was on this floor. It is outrageous, then I will yield such time as he may him for some questions. I can do that when we say we want jobs. require to Senator BROWN of Ohio. under the rules; is that correct? The reason I am going to vote to Mr. THUNE addressed the Chair. The PRESIDING OFFICER. That is table the Snowe amendment or against The PRESIDING OFFICER. The Sen- correct. the Snowe amendment—there are ator from South Dakota. Mrs. BOXER. All right. So that is many, but one is process. We haven’t Mr. THUNE. What are the rules of what we will do, unless my colleagues had a hearing. It is very far-reaching. discussion or debate right now? When would rather do it the way I said be- But I also wish to speak as chairman of the Senator from California wraps up fore. If not, I will just yield for ques- the Environment and Public Works her remarks, would it not be appro- tions. Either way. It is up to my col- Committee. One of our biggest laws priate to have someone from the other leagues. and regulations that stem from it has side speak at that time? Mr. THUNE. Mr. President, the re- to do with the Clean Air Act. The way The PRESIDING OFFICER. There is quest was that at the conclusion of the my friend has put forward her amend- no order for speakers. The Senators remarks of the Senator from Cali- ment, there would be no benefit put from Maine and California control the fornia, the Senator from Ohio would into a regulation because of its impact time, and they yield. have how many minutes? on the health of us and our families. Mrs. BOXER. Mr. President, I am The PRESIDING OFFICER. Ten min- The Clean Air Act has been attacked happy to propound a unanimous con- utes. by those who want to say let’s not have sent request so that at the conclusion Mrs. BOXER. Then Senator THUNE regulations for this segment of busi- of my remarks Senator BROWN will would be recognized for as much time ness and that segment. We just had a speak for, say, 10 minutes and then it as he wishes. vote in California and 60 percent of the would go to Senator THUNE; is that all Mr. THUNE. I don’t have any objec- people—Republicans, Democrats, Inde- right? tion to that. pendents—more than 60 percent said we Ms. SNOWE. Mr. President, reserving The PRESIDING OFFICER. Is there want to see our health protected. the right to object. objection? Here is what has happened. In 2010, The PRESIDING OFFICER. The Sen- The Senator from Maine. the Clean Air Act prevented 160,000 ator from South Dakota. Ms. SNOWE. Reserving the right to cases of premature deaths—premature Mr. THUNE. I appreciate that, Mr. object, I wish to include the Senator deaths. Now we are going to come in President. I don’t know if there is any from Oklahoma, Mr. COBURN. with some regulation that has never time agreement, but I think it is ap- The PRESIDING OFFICER. At the had a hearing, never had a vote, that is propriate to go back and forth. conclusion of Senator THUNE? not going to take into account the ben- The PRESIDING OFFICER. The Sen- Mrs. BOXER. Reserving the right to efit of a health regulation such as that. ator from California. object, and I will not object, could we By 2020, that number is projected to Mrs. BOXER. I have said I would have some indication of timeframe? It rise to 230,000 cases of premature offer a unanimous consent agreement. is all fine. deaths. We are dividing the time between the Ms. SNOWE. Fifteen. In 2010, the Clean Air Act prevented two of us. It is my decision to yield to Mrs. BOXER. All right. I think I have 1.7 million asthma attacks—1.7 million Senator BROWN because Senator SNOWE the time; is that right? fewer attacks. We want jobs. We want

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3644 CONGRESSIONAL RECORD — SENATE June 9, 2011 people healthy. They can’t go to work the talking points, apparently distrib- Before PNTR, before these promises if they can’t breathe, because if you uted to all 47 of the Republican Sen- about increased jobs, we had a $68 bil- can’t breathe, you can’t work. So let’s ators, all coming to the floor and blam- lion trade deficit in goods with China. not get up here and pass something ing government regulation for every Last year, it was $273 billion. About that hasn’t had a hearing, hasn’t had a problem known to humankind. They $600 million or $700 million every single vote, and suddenly say we are no are forgetting government regulation day we bring in—we buy from China, longer going to take into account the is seat belts, airbags, safe drinking then we sell to China. I hear this word benefits of some of the regulations we water, prohibition on child labor, the ‘‘unsustainable’’ in this body all the have. Food and Drug Administration so our time about Medicare, whatever they In 2010, the Clean Air Act prevented food is pure and our pharmaceuticals are talking about. But this is what is 130,000 acute heart attacks. In 2010, the are safe. But they lump it all together unsustainable. We can’t keep adding to Clean Air Act prevented 3.2 million lost and say get rid of all this government that trade deficit and think we are days at school. regulation. I think the history they going to have good jobs. So my point is, yes, we want regula- need to think about is the last time In April alone, our trade deficit with tions to be sensible; yes, we want them they preached on the Senate floor China was $21 billion—in 1 month, $21 to be flexible; yes, we should work to- about deregulation, they were success- billion. So when I hear, this year, the gether to make sure our businesses ful in deregulating Wall Street, and Korean Free Trade Agreement—and aren’t facing undue delays and all the look what happened to that. the President of the United States is rest and I am very willing to do that. When I hear this sort of preachy: ‘‘We going to submit it to Congress fairly But what I am not willing to do is pass have to get rid of government regula- soon, I assume, depending on what hap- something that has far-reaching im- tion,’’ let’s be a little more specific. pens with the trade adjustment assist- pacts. We don’t even know what it There are some regulations, to be sure, ance; and this President has made this would mean to the health and safety of that we should do away with. But when agreement with Korea, significantly I hear them talk about trillions of dol- our families, and it would absolutely better than the last President’s trade lars of regulation, a lot of that is what ignore the benefits of regulations that agreement with Korea but not all that keeps our food pure, our drinking protect our children’s health, their good yet—the Congressional Budget Of- water safe, our workplaces safe, our safety, their well-being and our work- fice estimates this agreement will quality of life better for the broad mid- ing families because a lot of these reg- cost—in addition to the jobs issue, but dle class. Let’s not forget that. ulations are meant to protect them. I wish to speak for the last 5 or 6 hold on to that for a second—about $7 I hope we will vote down the Snowe minutes about something my col- billion over the next 10 years—$7 bil- amendment. I appreciate the passion leagues and I will be debating fairly lion. My conservative friends on the other on all sides. I truly believe we are not soon; that is, the pending trade agree- side of the aisle are going to say: How masquerading. We have a bill with real ments with South Korea, Colombia, are we going to pay for $7 billion? They impacts, a bill that I have shown has and Panama. It is a bit of deja vu—as want to offset cuts, they want to offset made a major difference in job cre- Yogi Berra said, deja vu all over again. ation, in business creation, and in The promise of jobs is an echo we hear any other kind of spending, but they do bringing hope to our most ravaged about every 3 or 4 years: Time to do a not seem to want to offset spending on communities. It is such a good program new free-trade agreement; time to this trade agreement. So this trade that even Senator DEMINT, who says he promise lots and lots of new job cre- agreement is costing us $7 billion. So doesn’t like this program, certainly ation; promise more exports for the free trade simply is not free. The administration says this agree- throughout his career has praised the United States. We heard it with ment is expected to support—not cre- progress it has made in his State. NAFTA, the North American Free ate—70,000 jobs. Do the math. It is With that, I yield the floor. Trade Agreement, almost 20 years ago. The PRESIDING OFFICER (Mrs. We heard it with PNTR with China in about $100,000 for every job supported. HAGAN). The Senator from Ohio. the late 1990s. We heard it with the But do another piece of math, if I could Mr. BROWN of Ohio. Madam Presi- Central American Free Trade Agree- ask the indulgence of the Presiding Of- dent, I thank the Senator from Cali- ment in the last decade—2003, 2004, ficer. George Bush the first said for fornia, and I thank the Senator from 2005, 2006—and now we are hearing it every $1 billion trade deficit or surplus, South Dakota also for his indulgence. I again with Colombia and South Korea that translates—these are his num- will be no more than 10 minutes. and Panama. bers—into about 13,000 jobs. So when I I listened to Senator BOXER. This I recall both Republican and Demo- mentioned that trade deficit with EDA issue is important for job cre- cratic administrations saying 200,000 China a minute ago—$21 billion in just ation. I know when it comes to some- new jobs created by NAFTA. I heard April alone—for every $1 billion, 13,000 thing such as this, there is a whole proponents of PNTR promise a more jobs are either gained or lost. If it is a array of issues that EDA is involved balanced trade relationship with China, trade deficit of $21 billion, that means with in job creation. Just one of them and new, increased exports. We have 13,000 jobs for every $1 billion of loss. is what EDA does with incubators and seen increased exports to China but So you can see, without belaboring this accelerators. nothing like the number of—there were point or putting too fine a point on it, Last week, I was in Shaker Heights, jobs created because of that, I acknowl- there is significant job loss from these OH, at a place called the LaunchHouse. edge that, but nothing like the export trade agreements. It used to be an auto dealership, and of goods from China to the United The Obama administration sought to there are now 40 entrepreneurs working States, which, in essence, is outsourc- address the Bush administration’s ne- there. We know EDA investment, pub- ing jobs in the United States. glect of American automakers, which lic dollar investment, in these incuba- There is a company in Bryan, OH, the free-trade agreement the Bush ad- tors pays real dividends. The EDA esti- called the Ohio Art Company. They ministration negotiated with Korea mates a $10,000 investment creates 50 make something we are all familiar did. But I fear we have not gone far or more jobs. We are seeing that in with, and that is the Etch A Sketch. enough. Korea is the most closed auto- places such as Shaker Heights and We all played with it as kids. Walmart motive market in the world to America Youngstown, one of the best incubators went to that company—the biggest re- and other foreign autos. No manufac- in the country. Athens, OH, is the tailer in the history of the world—and turer can export vehicles in significant home of the National Association of In- said: We want to sell your product for volumes into Korea—not Toyota, not cubators, and they know what that less than $10 at Walmart. Do my col- Volkswagen, not Ford, not Fiat. U.S. means. leagues know what they did? They ba- vehicle exports to Korea in 2010 were Before the Senator from Alaska was sically shut down production in the 7,500 units. In a country approaching presiding, I was in the chair presiding United States and moved to China so perhaps 90 million people in Korea—80, and listening to some of this debate. I they could sell it for $10, costing hun- 90, 95 million people—we sell them 7,500 am a bit amazed by it. First of all, let’s dreds of jobs in that northwest Ohio cars? Imports currently make up about remember a little bit of history. I hear community. 6 percent of the Korean auto market.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3645 Six percent of the cars driven around around the country, for that matter, needs to be reviewed. We need tax rein South Korea are made somewhere because that is where it truly mat- form. It is long overdue. It is making other than South Korea. That is not ters—about creating jobs. Yet for all us noncompetitive with other countries quite fair trade. the rhetoric about job creation, it around the world because our tax laws This bill, this Korean Free Trade seems there is very little that is actu- are outdated relative to other coun- Agreement, does not get us there. The ally being done with regard to the sub- tries, our takes rates are higher rel- Obama administration approved it, but stance of putting the right kind of poli- ative to every other industrialized nothing like it needs to be. So I just cies in place that will make it cheaper country in the world, with the excep- caution my colleagues, the Korea Free and easier for small businesses to cretion, perhaps, of Japan. That is some- Trade Agreement is a permanent agree- ate jobs. It seems as if everything we thing we need to be looking at. If we ment. If we pass this agreement in a do makes it harder, more difficult, and are serious about being competitive couple months, what we pass in estab- more expensive for our small busi- and about growing our economy and in lishing that formalized trade agree- nesses to create jobs. the global marketplace creating the ment with that major industrial coun- As the Senator from Maine very cor- kind of jobs we need here at home, we try in East Asia is a permanent rela- rectly pointed out, 70 percent of the have to have trade policies, tax policies tionship. jobs in our economy are created by that are conducive to economic growth It does not sunset like a so-called au- small businesses. I think there are a and job creation. thorization. It does not sunset the way whole range of issues that impact The other area, however, on which we many of my colleagues have recently small businesses in this country and can be impacted by what happens in let the trade adjustment assistance their ability to create jobs. Washington is regulation. That is what lapse for service workers and for work- My colleague from Ohio just talked this particular amendment is all about. ers who lose their jobs to countries we about trade. I happen to have a view on It is about making regulation coming do not have a free-trade agreement trade that you ought to have trade out of Washington, DC, reasonable, with. Some of my colleagues insist agreements that are fair, that are en- making it based upon common sense, trade adjustment assistance needs to forceable, obviously, but that we are a making it based upon science, making be reauthorized in the short-term, lit- country that benefits enormously from it where any objective bystander or tle baby steps, year-by-year intervals, the opportunity to export the products person out there—an observer who while they press for more permanent we grow and make to other countries looks at these regulations—would say: trade agreements. around the world. They are trying very hard not to make Here is the deal. Madam President, I To just give you an example of one it more difficult for small businesses to know you in North Carolina have particular country, one of the bilateral create jobs in this country. shown real leadership on these trade trade agreements that is under consid- But I think what happens too often is relationships. Here is the deal conserv- eration—or at least I wish was under the exact opposite. It looks like what ative politicians in the Senate and in consideration; it has been negotiated is coming out of Washington are heavy- the House of Representatives want. and has not been submitted by the handed, burdensome requirements, They want us to pass permanent trade White House yet to the Congress for mandates, and regulations which drive agreements, but then they may want to consideration—is the one with Colom- up the cost of doing business in this take care of workers for just 1 year at bia. I mentioned this earlier today in country. Frankly, I do not disagree a time, 6 months at time—6 weeks at a some remarks on the floor, if you look with what some of my colleagues on time the last time they reauthorized at it and its impact on agriculture in the other side have said about regula- this. this country: In 2008, in the commod- tions that are important to public This does not make sense. The trade ities of corn, wheat, and soybeans, our health and safety. What I am talking agreement with Korea is a significant country had 81 percent of the Colom- about are excessive, overreaching regu- problem for job growth in our country bian market when it comes to those lations, which in some cases go beyond and for protecting jobs in our country. three agricultural commodities. In the congressional intent, the statutory There is nothing wrong with the word 2010, that was down to 27 percent. Why? purpose that Congress, when they en- ‘‘protecting’’ jobs in our country. But Because a lot of other countries that acted the laws, wanted to see take at the same time, before we even con- had negotiated free-trade agreements place. So you have regulatory agencies sider that, we need to make sure we with Colombia have stepped in to fill that go way beyond the congressional pass the trade adjustment assistance. the void because we do not have that intent and the statutory purpose with We should have learned our lessons kind of agreement. regard to many of these policies that from NAFTA, from NPTR with China, This has very direct and profound im- are being put in place. from CAFTA, and from these other pacts on the American economy. Be- I have to say that when I travel in trade agreements that the promises cause when you lose that kind of mar- my State of South Dakota—and, for coming from an administration on job ket share—81 percent in 2008, down to that matter, outside the State of South creation, when it comes to trade agree- 27 percent in 2010—that is a significant Dakota—and I talk to small businesses, ments, are mostly empty promises. number of jobs that are impacted in in- I talk to agricultural producers, the I yield the floor. dustries in this country. The same overriding theme, the consistent theme I thank Senator THUNE from South would be true with Panama and South I hear over and over and over again is: Dakota for his indulgence. Korea, all of which would be trade You have to get these out-of-control The PRESIDING OFFICER. The Sen- agreements that are teed up that have regulatory agencies under control. ator from South Dakota. been sitting and languishing for 3 or 4 They keep spinning and kicking out Mr. THUNE. Madam President, I rise years now without action in the Sen- more and more regulations that are in support of the amendment that has ate. It is absolutely insane for us not making it more difficult for us to grow been proposed by my colleagues from to be moving trade agreements that our businesses and to create jobs. Maine and Oklahoma, Senators SNOWE could benefit our economy and create Maybe that is a function of the fact and COBURN, the Freedom from Restric- jobs at a time when job creation—cer- that we have a government that has tive Excessive Executive Demands and tainly, at least rhetorically around gotten too big and out of control. If Onerous Mandates Act of 2011. This is a here—is stated to be the No. 1 priority you look at government today relative very commonsensical piece of legisla- we deal with. to historical standards, we are looking tion. It is something that certainly re- When it comes to jobs and the econ- at government, as a percentage of our sponds to a concern I hear from small omy—and I think there are a number entire economy today, of being some- businesses all across this country of things, as I said, that impact that, where in the 24- to 25-percent range. I about the need for relief from burden- trade being one—there are a number of mentioned earlier this morning in some, one-size-fits-all Federal regula- policies coming out of Washington that some remarks on the floor that back in tions. impact small businesses and their abil- the year 1800, the government was ac- We hear a lot of discussion—in the ity to create jobs. Clearly, tax policy is tually 2 percent of our entire economy. Senate and around this town and one. Tax policy is something I think For our entire economic output at that

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If you are really serious about get- science, data, and input from people When you add those in, you get up over ting the economy back on track, you who are impacted by these regulations 40 percent. The trajectory we are on have to also restrain spending. You ought to have more of an influence on today will take us up to 40 percent of have to grow the economy, you have to the regulations that are imposed by spending on the Federal Government to restrain Federal spending, because these agencies. What this does is it GDP in the not-too-distant future. If when you have a government that is simply puts in place a way in which you look at 2035, 2040, that is where we growing at the rate ours is, it does small businesses can get access to that are headed if we stay on our current crowd out private investment. It kind of a review. path. makes it more difficult for small busi- I hope my colleagues in the Senate So it necessarily follows, I suppose, nesses to get access to capital and cre- will support the Snowe-Coburn amend- that when government keeps getting ate jobs because they are competing ment and move us in a direction where bigger and more expansive, more gov- with the government. we are dealing fundamentally with the ernment regulations, more government Back to the issue at hand here—that issues that are important to our econ- redtape, more bureaucracy is a natural is regulations—I think that whether it omy right now because, for all of the outgrowth of a growing government. is a farmer or rancher in South Da- rhetoric, as I said earlier, about want- What I think makes the most sense is kota—by the way, I spoke yesterday ing to grow the economy and create for us to be creating jobs in the private with someone who is in town rep- jobs, it seems as though every policy economy. What we have seen here in resenting a livestock organization in coming out of Washington, DC, is con- just the last few years is that the gov- my State—the No. 1 issue is over- trary to that objective, whether that is ernment economy is growing relative reaching government regulation driv- tax policy, trade policy, energy policy, to the total economy. The private ing up the cost of doing business. but perhaps more important now than You look at some of the proposals economy, thereby, is shrinking. We ever, regulatory action coming out of and suggestions that are out there, and have seen, over the last 40 years, the the executive branch of the govern- sometimes they fall into the category average of the Federal Government, as ment and running amok by creating all of ‘‘you can’t make this kind of stuff a percentage of our entire economy, kinds of roadblocks and hurdles and up.’’ impediments to job creation in this being 20.6 percent. So 20.6 percent of There was a proposal under consider- our entire economy spending has been ation here recently at the EPA—which country. Again, when you are at 9.1 percent by the Federal Government. As I said, they have not, to be fair, promulgated unemployment, when you have as now it is 24 to 25 percent. regulations on yet or proposed regula- So we are on a path where we are rap- many people out of work as we have tions on yet—that would regulate fugi- idly ramping up, we are rapidly grow- and who have been out of work for as tive dust. I mean, imagine and think ing the size of government relative to about what that means in an agricul- long as they have, you would think our entire economy. That is not where tural. What it essentially means is you that, first and foremost, we would be we want to go if we are serious about could not have dust from your property looking at policies that make it easier creating good-paying, permanent jobs drift over onto someone else’s prop- and less expensive to create jobs in this for people in this country. Those jobs erty. country. And what is happening is we originate and come from the private Some of this stuff borders on insan- are making it more difficult and more sector. They come from small busi- ity. I think that is the point that is expensive to create jobs by these exces- nesses. That is where we want to create being made by the amendment of the sive, overreaching, runaway regula- the jobs. Senator from Maine. Let’s use some tions that are coming out of Federal So I would say the amendment that common sense. Let’s use some reason. agencies every single day. is being proposed by the Senator from If we are going to have these regula- It is hands down the thing I hear Maine and the Senator from Oklahoma tions, let’s at least put them forward in more than anything else from people in is a very reasonable one because all it a way that does not disproportionately my State of South Dakota. As I said, is simply saying is, before these new adversely affect small businesses and whether that is the Farm Bureau or a regulations go into place, the small make it more difficult for them to cre- livestock group or a small business or- businesses ought to have access to ate jobs. ganization, right now government reg- some review and perhaps even, if nec- Here is another example. Just last ulation is the thing they state most essary, to the court system, to make month, the DOT started seeking com- often as the biggest impediment to sure those regulations are consistent ment on the need for commercial driv- them going out there and creating jobs. with the legislative intent and not er’s licenses for individuals who are So this is a very commonsense overly burdensome and putting an un- driving off-road farm equipment such amendment. It is something our small necessary and excessive burden on our as tractors. Well, where I come from, businesses are all supporting. We saw small businesses. that is a pretty important part of our the list of small business organizations I think it is common sense. If we are economy. You have a lot of young peo- the Senator from Maine put up earlier. serious about job creation, if we are se- ple working in farm operations, a lot of This is something this Senate ought to rious about economic growth, getting people, period, who are out there who act on and act on today. I hope we will the economy back on track, this is the grow up learning or knowing how to get a strong affirmative vote. very type of legislation we ought to be drive tractors, how to handle farm I yield the floor. supporting. Too often around here we equipment, and this particular require- The PRESIDING OFFICER. The Sen- end up off on these tangents, working ment would force them to get a com- ator from Louisiana. on things that do not have an impact mercial driver’s license. Ms. LANDRIEU. Would the Senator on job creation. I will say that one of I mean, some of this stuff, as I said, yield for a question? Is the Senator the things we should be working on— falls into the category of ‘‘you can’t aware that there are at least four other and that we are not—it has now been make these kinds of things up.’’ bills—Senator VITTER, Senator ROB- 771 days since Congress passed a budg- The EPA recently threatened ranch- ERTS, Senator COLLINS, and Senator et. Think about that: $3.8 trillion, $3.7 ers in the Flint Hills region of Kansas PORTMAN—and, in addition, that Sen- trillion, $3.8 trillion in annual spend- to stop or limit the controlled burn of ator LIEBERMAN is developing a coming, and it has been 771 days now since their prairie pastures, which is a prac- prehensive bill on reg reform? Is the Congress passed a budget. tice that allows for the new growth of Senator aware of those other bills? It strikes me, at least, that if we are grass to feed cattle, or to be faced with Mr. THUNE. Well, I would say serious about getting our fiscal house EPA-mandated regulations. through the Chair that there may be

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3647 many efforts, as there typically are spend $500 million, and we do not know bill was going to be where we combine here in the Senate, to address some of whether it works. We claim, things into accountable care organiza- the issues, and a lot of our Members anecdotally, we see positive things tions, where we end up putting hos- have different ideas about how best to every now and then. Well, you know, pitals and doctors and physical thera- do that. I happen to believe the pro- there are positive outcomes to illness pists and mental health workers all to- posal put forward by the Senator from too. But the fact is, we do not know gether, and then we work as a team so Maine is, as I said, a very reasonable, what we are doing. we can cut the costs and not have du- commonsense approach to this. What the Congress ought to be doing plication and get better outcomes. The The Regulatory Flexibility Act is is saying: If, in fact, it is a role for the regulations on that were 220 pages something that is in need of some revi- Federal Government to have economic long, with 65 things you have to do sions, particularly in light of the fact development activities, then we ought every day on every patient to report that we have so many regulations com- to center it in 1 area, and we ought to back to the Federal Government. Well, ing out of these agencies that are so have 1 or 2 programs, not 80 with 80 that is just idiotic. It is asinine. Yet costly, so difficult, and so burdensome sets of administrators, 80 sets of com- that is the regulation that came out on for small businesses in this country. I missions, and $6.6 billion a year, with what I view as one of the few positive think we ought to be, at every oppor- half of it not accomplishing any pur- things about the affordable care act. tunity, looking for ways to lessen the pose for the American people other The Senator from Maine outlined the cost and the difficulty for our small than make the Senators and Congress- cost of business regulation to small businesses to create jobs. men feel good because they think they businesses and large businesses. It is Ms. LANDRIEU. Through the Chair, I may have done something. $1.7 trillion a year; that is, fully 12 per- understand Senator COBURN, under the So the whole idea that we would put cent of our GDP is the cost of regula- UC, has the next 15 minutes. But, forward a bill that has never truly been tions that are coming from the Federal through the Chair, I would end my oversighted in terms of the way every- Government. question by saying that I think the body else would oversight the way they All this bill says is—it is a way to Senator is right. There are some regu- spend their money to see if it is effec- force the administration and the agen- lations that are coming fairly fast and tive in the whole, not anecdotal evi- cy—it does not matter if it is a Repub- furiously. But I think the Senator dence of one company or one benefit— lican or Democratic administration. would also understand that the normal put it all together, and if we have a They are both the same. It does not process is reviewing the bills at the role, let’s put together a program that have anything to do with what party is committee level, comparing and con- will work, No. 1; No. 2, that has metrics in power in the administration, but to trasting, and then bringing the best ap- on it so we can measures whether it is hold the agencies accountable, that proach to the floor. And that is what effective when we are actually bor- they will look at the impact of the reg- some of us are objecting to. It is not rowing the money to do this. By the ulations they write so they are not the goal of reducing regulations; it is way, if we actually pass this bill and counterproductive to our country. $500 million gets spent, we are going to the process. We are at a time period where we are Thank you. borrow $200 million from the inter- at great risk as a nation—great risk— The PRESIDING OFFICER (Mr. national financial community to do it. because we are so overly exposed on BLUMENTHAL). The Senator from Okla- When we know one-third of it is wast- our debt and our deficit. For every 1 homa. ed, that just does not make any sense. Mr. COBURN. Mr. President, I have So the whole idea of Congress passing percent increase of interest rates that listened to this debate all morning, as this EDA bill, in light of not doing we are going to see next year, it is an original cosponsor with Senator oversight on the other 79 economic de- going to cost us, the taxpayers of America, $150 billion additional. And SNOWE on her bill. I wish to talk about velopment programs under the other 4 the EDA first, and then I will talk agencies, is the definition of insanity. there is no question we are going to see about what most of us do not realize We don’t know what we are doing. interest rates rise in this country. So because most of us have not taken the Now, let’s talk about regulation for a we do not create the confidence of the time to look. minute. There is well over $2 trillion in small and medium businesses to go out There are 80 economic development the United States sitting in small, me- and build that next production line or programs in the Federal Government dium, and large businesses right now build a way to produce this next new through 4 agencies that spend $6.6 bil- that is not invested for jobs. Why is idea, because what they are seeing is so lion a year. Not one of them has a met- that? Why are people afraid to go out much blowback from an unaccount- ric on it to see if it is successful. and invest and get a return on capital? able, misdirected Federal Government. We have heard all morning about It is because they do not see any clar- So what Senator SNOWE wants to do $3,000 per job. That is all self-reported ity in the future. The administration is totally connected with common stuff. No oversight on it. No committee we have today has issued 40 percent sense. But you know what, we don’t oversight on it. No hard work to see— more regulations—40 percent more reg- want to do that. We don’t want to do there is not a metric on one of these ulations—than any administration in that. And the excuse is that we have programs to see if it is working. Now history in the first 2 years. One of the not been through committee. Well, let we have a bill on the floor to spend an- reasons people do not have confidence me tell you, one-third of the bills that other $500 million a year on something is they cannot handle the regulatory come to the floor of the Senate have we have no idea what—we have anec- framework that is coming at them so never been through the committee, and dotal evidence, but what does the OIG fast. now we are saying an amendment has say? The OIG says, first of all, this pro- The other thing I have observed is to come through the committee. It is gram has been used as a congressional that when regulations are written, ludicrous. It is also false. It is that we slush fund to direct money to friends of they are oftentimes written without really don’t trust the American people. Members of Congress. That is what people with the real knowledge of what That is what it really says, we really they say. Fully one-third of the they are writing the regulations for. don’t trust the American people to use projects never come to completion. So Eighty percent of the regulations writ- common sense. The reason we don’t is the money that was spent on it ends up ten in this country are written by law- because we have no connection with being totally wasted. We are reauthor- yers within the agency in which they common sense whatsoever in this body, izing a bill that nobody can show the are doing it. Now, I like lawyers. That and because we can’t figure it out, we statistics that it is, in fact, effective. It is good enough. But how about having don’t think they can. So Big Brother is not just that we are reauthorizing someone who has real experience in the has to tell you every time, every loca- this bill, we have 79 other programs. area in which they are writing the reg- tion, at every situation what you can Ask yourself a question. We are $14 ulation rather than a lawyer write a do. trillion in debt. We are nearly bank- regulation for it? The thing that has changed in my rupt. We are running a $1.5 trillion def- A great example is that one of the adult lifetime is when I was a medical icit. And we have a bill on the floor to good things about the new health care device manufacturer in the seventies,

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Mr. President, I un- find its jurisdiction not in one com- overregulation, this attendance to de- derstand our side has about 50 minutes mittee—the Small Business Com- tail matters to nothing, except a gnat left in this debate on the Snowe mittee—but in five committees that on the top of a pin. It is out there and amendment and we will vote at 2:15. I have jurisdiction over the aspects of is so costly, in terms of the cost of will speak for the next 15 or 20 min- Senator SNOWE’s bill. One of the rea- compliance, it makes no difference in utes. There is nobody else on the floor sons we should not vote favorably is terms of somebody’s outcome. But, on our side. I will continue to try to not because we are not for regulatory mainly, it is costing us jobs. It is cost- answer some of the issues raised in the reform but because this bill has rami- ing us the very thing that built this last few minutes about this particular fications that go far beyond the Small country—the premise that you can put amendment. Business Committee, which I chair, and together an idea and build on that idea First of all, I have a great deal of re- five or six other committees need to with hard work and minimal capital spect for the Senator from Oklahoma, look at the provisions in her bill. That and make it a success. and nobody has worked harder on try- is one reason we have asked to go The thing that is blocking that is the ing to bring more efficiency to the Fed- through the committee process. regulation coming from the Federal eral Government. He has spent hours No. 2, there are, at least to my Government. This is a straightforward and hours and hours in meetings, offi- knowledge, four other bills that at- bill. Let’s hold the bureaucrats ac- cial meetings, informal meetings, on tempt to fix this overregulatory reach countable. If they will not be held ac- budgets, efficiencies, and regulations. I which, I agree with Senator THUNE, countable, you will have a way to hold have a great deal of respect for the with Senator COBURN, and I agree with them accountable. Senator from Oklahoma personally. Senator SNOWE, needs to be tapped I don’t get it. I don’t get why any- But I do take offense at some of the— down and harnessed—not eliminated— body would object to this because it is not just the suggestions but accusa- and made less onerous for all business, not stopping regulation; it is saying tions and specific attacks made on the not just small business. There are at you have to figure out whether it is floor against the government. Two or least four other bills I know of that are prudent. If you are not following the three were issued in the speech he just attempting to do that. One is by Sen- Regulatory Flexibility Act, then we gave—statements like this: ‘‘The bu- ator VITTER, one by Senator ROBERTS, are going to make you do it because, reaucracy never takes risks.’’ one by Senator COLLINS, and one by we will give you a basis in a court of I wish to ask him, what bureaucracy Senator PORTMAN. I have not had the law to be able to do that. did he think supported the elimination opportunity to review in detail all of What is wrong with that? Nobody has of Osama bin Laden? Does the Senator these other bills, but I am sure they addressed what is wrong with that. from Oklahoma believe there were no have some very excellent points to They have just said, no, we don’t like risks taken by this bureaucracy that them. it, we don’t want it. So we are going to he so routinely wants to degrade—to The committee process allows a do everything we can to make sure an no good end? I would ask him, if he chairman such as Senator LIEBERMAN, amendment, which will fix the prob- were still on the floor, were no risks who is not here today, whose com- lems in this country and start creating taken by anyone when they launched mittee would have primary jurisdiction jobs, and will actually move money the strike against Osama bin Laden over this, to bring all five bills before into investment to create new opportu- that eventually killed him? his committee, hear the best aspects of nities for jobs for Americans, when we Would the Senator from Oklahoma each, potentially combine them into a have 17 million Americans who want to suggest we have no regulations on Wall bill, and bring them to the floor. Do work but can’t, we are going to defeat Street; that we should trust the big you know what. Senator LIEBERMAN, I it. We are so disconnected with what is international bankers of the world to know, has offered to do that in his important in this country, and it is so do what is right every day for the peo- committee. That bill could potentially frustrating. I am surprised I still have ple of Oklahoma? I know the people on come out of committee—potentially hair on my head. Wall Street wake up every morning with Senator SNOWE as lead author, Senator SNOWE knows more about and think to themselves while they are with other cosponsors—a bill that both small business in this Senate than any eating breakfast: What can I do today Democrats and Republicans can agree other Senator. She has worked on it for to help the people in Oklahoma or in to, which could give relief to reg re- years. She knows the problem. She has Louisiana? form. offered a solution that is common Of course, that is absurd. There is a This is not about finding a solution. sense, that will work, that won’t cost a place for appropriate regulation, and This is about public relations, cam- lot of money, but will rein in the bu- bureaucracies aren’t always bad. When paigns, and Republican rhetoric about reaucracy when they do the wrong George Washington led the creation of the election. That is what I object to. thing or they don’t follow the law. this country, he most certainly had in If this were about regulatory reform For us to say, no, we are not going to his mind a government that worked for and finding a solution, the five Sen- do it because there may be a small the people, by the people. ators who have bills, and other Sen- amount of risk that something might Let’s fix the government. Let’s not ators—Senator MCCASKILL, for one, go wrong, that is exactly the same way tear it down by statements that have who is here today, is developing a bill, the bureaucracies work. Let me tell no basis in fact, that do not uplift peo- and Senator CARPER, who has spent you how they work. They never do ple, do not encourage people. They years on this subject and is quite the what is best for the country, they do numb people. They make people angry. expert—they would all come before the what is safe for the bureaucracy. That They make people think there is no Homeland Security Committee, on is why we have so much regulation, be- hope, when there is. There are thou- which I have the privilege of serving, cause they don’t want to be criticized. sands of people who put on a uniform and in a short amount of time—just a You can’t walk through life without every day and go to work for this coun- few weeks—figure out something the being criticized. Nobody is perfect. No try. They are mothers, fathers, grand- majority could support. action is perfect. So let’s hold them ac- parents, aunts, and uncles. They work This is not about fixing the problem. countable and help them be better. hard and they do not deserve the dis- This is about bumper stickers for elec- Let’s be uplifters to them and put some paraging remarks that come too often tions, and I am very tired of it. I am tools there that will enable us to have from the other side of the aisle. not the only one. As chair of the Small a good regulatory framework that ac- If you don’t like government—you Business Committee, I can promise you tually accomplishes the purpose of the have made it plain—then fix it. One of that our committee, with Senator

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They want to come because small business over here because we ness community was screaming about, not only is it a great school, but it is have to talk about X, Y, and Z. our committee was very aggressive in in a great city that is rebuilding itself. So this is the second time for one of helping to eliminate that. That was An EDA grant—that some people wish our chairmen. I was the first, and now section 1099, which would have required to eliminate—is helping to rebuild our Senator BOXER is trying to bring to the every business to report to the IRS any city. So $1.2 million to Tulane Univer- floor a program that is not that com- purchase they made for goods over $600. sity. It is a microloan program. plicated. It is a little program but it It would have brought many businesses I believe the people at Tulane Uni- has big bang for the buck. It gets rave to their knees, buried in paperwork. versity. I have a great respect for Scott reviews from the people in my State— Did our committee sit around and Cowen and their board. Everywhere I twiddle its thumb? No. We worked Republicans mainly but Democrats as travel around the United States as a well—and we can’t seem to get this hard. We had, I think, the only hearing Senator I could not be more proud in Congress on 1099, and we repealed it. program approved until we take bills when people come up to me and com- that Members want to put on this bill It took us a while to find the right off- ment what a great university Tulane set. The minute the business groups that have nothing to do with it and is. I don’t need somebody in Wash- that haven’t gone through committee. brought it to our attention, we said we ington telling me how good this pro- made a mistake and it will take us a I am going to be voting against Sen- gram is. I have the people I represent while to find the $20 billion to offset it, ator SNOWE’s bill. But to make clear, I at home telling me. support Senator SNOWE’s efforts to re- but we will look at it before it goes We have $75,000 given to the down- into effect and repeal it. We did that. duce regulation. My people in Lou- town development district which was When Republicans say Democrats isiana are screaming about this. I have underwater after Katrina for the Idea don’t care about regulatory burdens, I tried to communicate this to the ad- Village. You know where the Idea Vil- find that offensive. It is not helpful. ministration in many ways, whether it lage was recently advertised? Maybe on This bill is not on the floor on regu- is EPA or the Corps of Engineers, or the front page of Enterprise Magazine; latory relief. This bill is on a small but the more recent one coming out of one maybe in Time magazine. This Idea effective economic development pro- agency that wants all my oilfield work- Village is one of the best ideas in the gram that has worked beautifully in ers to put on HAZMAT suits to go to whole country. You know who funded my State. Contrary to what the Sen- work. If you put on a HAZMAT suit in it? The program Senator BOXER is try- ator from Oklahoma and others have Louisiana when it is 100 degrees, you said, this program—in Louisiana, as far ing to reauthorize. We have $400,000 for a startup fund won’t get to the oil rig because you as Louisiana is concerned—actually will faint before you get there. works. One of the reasons it works so for the creation and development of stimulus funds to support fledgling en- I am not unaware—I want the Sen- well is because many of the decisions ator from Oklahoma to understand—of about the grants are not done in Wash- terprises in the greater New Orleans re- some ridiculous rules and regulations ington but at the regional level. Our of- gion. Our seafood industry went com- that come flying out of some of our fice happens to be in Austin, TX. When pletely—no pun intended—underwater agencies. But the way to fix them is the Chamber of Commerce comes to after the BP oilspill. This agency stood not to bring a bill to the floor that has visit me—and they are not always huge up, when no one else would—BP not had a hearing when six different supporters of the Democratic caucus— wouldn’t give them a penny, Ken committees have jurisdiction, when they say to me: Senator, one of the Feinberg wouldn’t give them any Senator LIEBERMAN, who has the lead best programs that our members like money—and gave them $350,000 to keep jurisdiction as chair of Homeland Secu- and feel the Federal Government does a their head above water—the Seafood rity has indicated a complete willing- very good job with is the EDA grants, Promotion Board. That is why, in large because they are not that bureaucratic. measure, people are eating gulf coast ness to take this on. They make quick decisions and help us shrimp today. There are enough bumper sticker fill gap financing in programs that So I don’t know what report Senator printing operations in America today. make a meaningful difference to people COBURN is looking at, but the May 19 There is only one U.S. Senate. I sug- in our communities. I didn’t raise this GAO report states they have not con- gest we start acting like the U.S. Sen- subject to the Chamber of Commerce; cluded that duplication exists among ate and stop acting like a bumper they raised this subject to me. programs, and plans to address these sticker operation. Maybe the Senator from Oklahoma is issues in their future work on overlap I yield the floor. correct that some of these moneys and duplication. I don’t know if the Senator has asked The PRESIDING OFFICER. The Sen- were earmarked. But we don’t allow ator from Oklahoma. earmarks anymore. So this program is his Chamber of Commerce from Okla- Mr. COBURN. Mr. President, I want going to go on without earmarks di- homa, but I am going back to my office to make a couple of comments. I said rected by Members. It is going to be and I am going to call them myself, be- in my earlier comments there are some done on a regional basis, and these pro- cause I wish to find out. Maybe their grams have been—at least in Louisi- program works differently in Okla- good things about the EDA. But the ana’s experience—quite effective. Lou- homa than it works in Louisiana. But fact is, they are all self-reported. There isiana Tech, one of my universities, re- when I call my people at home—and is no data. There are no methods. Any ceived a $2 million EDA grant. I will they will tell me: Senator, some of time you send money to the State of Oklahoma, I guarantee you the people submit this for the RECORD: Our ongo- these programs aren’t worth a hill of ing partnership with EDA has greatly beans and you should eliminate them; who are going to get the money are enhanced the university’s overall eco- these programs are too difficult. I have going to like it. But there isn’t one nomic development efforts. We are cre- that all the time about some programs. metric, one set of metrics that meas- ating the EDA University Center. Not all the time, but some programs. ures the effectiveness of the money This is from the mayors of both cit- This isn’t one of them. that has been spent through EDA in ies. You know, I do trust my local The reason I am a little exercised is terms of job creation. Fully one-third elected officials. I do trust the people I because this is like deja vu. I came to of the dollars don’t get through to represent. When they say a program this floor 4 weeks ago to try to get a completion over the history of the pro- works, I like to believe them. similar program in size—a $1.2 billion gram. There is a list of projects and recent program that has worked so well. Sen- The very idea we would defend the investments in Louisiana—$1.2 million ator Warren Rudman had created it. It bureaucracy—the bureaucracy didn’t to Tulane University. is a great program. It is the country’s help us on 9/11 because they were

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3650 CONGRESSIONAL RECORD — SENATE June 9, 2011 stovepiped and they didn’t commu- do things, but where are the numbers again—as I describe it—the politics of nicate. The bureaucracy failed to en- that show the job creation for every obfuscation. Let’s get to the heart of sure the safety of the levees in New Or- thousand dollars that gets spent? It is the matter and solve the problems for leans—this same bureaucracy that self-reported, but there is nothing that America. It isn’t about who authors it doesn’t need to be controlled. The bu- looks at it that says statistically here and who is doing it. Let’s do it. That is reaucracy didn’t protect us from the fi- is the proof. the point: We are not doing it. We are nancial crisis of 2008 because we didn’t If the EDA is the best way to create just sitting here talking, recessing, do the oversight. The bureaucracy jobs in this country, I am all for it. But going home today, going to do some- didn’t protect the gulf from the Deep- I want to see some data that says that thing else, going to have recesses. water Horizon. We had a bureaucracy right now. We have job training pro- We have five committees that have that was supposed to be in charge of grams, 47 of them in this country, and jurisdiction over this issue. We are that, but they didn’t do their job. we spend $18 billion a year on them. We going to need a roadmap pretty soon. I The SBIR—you had my full support have 104 science, technology, engineer- don’t want to go home and tell my con- on SBIR; the Senator from Louisiana ing, and math programs across nine stituents this is what happened on reg- knows that. She had my support on different agencies we are spending $16 ulatory reform. So let me get this that because that is one of the proven billion on a year. We have no data on straight. Let me get this straight. We programs inside the SBA that actually any of those programs anywhere, but have five committees, there are a num- has metrics on it that works. So the we have it out there. We have no idea ber of bills, time is running out, people debate is whether we hold back the reg- what we are doing because we won’t have to leave, and we can’t have ulatory framework. ask the hard questions and we won’t enough time to debate this. I find it ironic that you agree with us study it. Nobody would have 104 That is what I was told this morning. in principle but won’t vote with us on science, technology, engineering, and All of a sudden I was given a call say- this amendment because it didn’t go math programs. We have 64 programs— ing: Sorry, you have to do it right now. through a committee. It is amazing. and 20-some of them are outside the I said: Well, is the bill over? We just Ms. LANDRIEU. Will the Senator Department of Education—to improve started. There are a number of pending yield for a question? teacher training quality. amendments that haven’t even been Mr. COBURN. I want to finish my The reason we are in trouble is be- addressed yet. Let’s vote on those. This points and then leave the floor because cause we haven’t done our job on over- is an important issue. Let’s give this I have something else I have to do. sight. So anyone can claim anecdotal the equivalency of the interchange It is amazing the negative effects we evidence that something is good, but amendment. Let’s do something that is all are hearing from all across the you should know that when we spend important for small business. Abso- country. Every Senator is hearing how $1,000 of the taxpayers’ money—money lutely not. regulation is drowning out opportunity we don’t have today because we are This is about jobs at a very difficult for investment that creates jobs in this borrowing it from China—we ought to time in America. country. Every program has some posi- be certain that it is actually going to Let me repeat, 40 months after the tive aspects to it. The question isn’t create something because our kids are start of the four deepest postwar reces- whether they have positive aspects, it paying the bill. The next generation is sions, our economic output averaged is what is our priority now that we are going to pay the bill, and they will pay 7.6 percent. Here we are, our GDP has bankrupted. Where should we be spend- that bill through a markedly lower only increased .1 percent. Those are ing the money so we get the best bang standard of living. terrible numbers. But behind those for the buck. How do we pull back the With that, I yield the floor. numbers are people and human beings regulatory framework so that it is The PRESIDING OFFICER. The Sen- because it means we are not creating common-sense oriented rather than bu- ator from Maine. jobs. reaucratic oriented? That is what Sen- Ms. SNOWE. Mr. President, how We heard here today that sometimes ator SNOWE is trying to do and to give much time remains on the Republican bureaucracy is good. Well, bureauc- some type of power to the very people side? racies, by definition, and I read, mean who are being regulated. Because we The PRESIDING OFFICER. Thirteen ‘‘excessive multiplication of, and con- certainly won’t do the oversight. We minutes. centration of power in administrative haven’t done the oversight. Ms. SNOWE. Thirteen minutes. bureaus or administrators’’ Absolutely. It is interesting that when the GAO Thank you, Mr. President. They are unelected. We are elected. We put out this last report on duplication, I want to make a few points. It is understand the problems. Even the they are right, they didn’t say in these about solving problems. That is what President—let’s read this headline, particular programs. But I put out a this is all about. It truly amazes me ‘‘Obama to scale back regulations in an report 9 months before that detailed that we have an amendment here on effort to spur economic growth.’’ the duplication in these programs, and regulatory reform that everybody What is interesting about all this— it was published, so you can find the agrees with in principle and everything nobody is accusing the President of duplication. else, that goes to the heart of the decimating the environment or work- The important point is we are stran- issues concerning the economic well- place or health care. Understanding gling business and job development— being of small business and, hence, that, 6 days after I was denied a vote small and medium. The big guys can America’s well-being in these desperate on this very amendment where I made take all this regulation, and they are times, yet we can’t manage to get it five different adjustments to respond already staffed up. The small- and me- together and to work on these issues. to the other side, you have the Presi- dium-sized businesses can’t. We have to I made a number of good-faith dent’s Economic Competitiveness give them a way to force common sense changes in my legislation, and I would Council coming out with four major onto the bureaucracy. That is all this have done more if I had heard any re- priorities, one of which is a need to im- does. Everybody hears it from all of sponse from the other side to working prove the regulatory process because their constituents, that regulation is those out. I made five major changes to there are decades of overlapping and killing business formation and job cre- the proposition back in April to re- uncoordinated regulations. ation. Why would we not want to put in spond to this. But there is no response. Even by the administration’s esti- some balance? I don’t understand it. Then I hear about these hearings. Can mate, this White House’s own estimate, The real problem with the regulatory somebody please tell me where it is in that regulations last decade cost any- agencies is us, because we won’t over- the rules of the Senate that every where from $44 to $62 billion, last sight them. There was no oversight amendment has to have a hearing? year’s alone with a $26 billion. This is hearing on the EDA. Nobody ever We had a major vote yesterday on a serious issue. asked the question: Where are the interchange for the second time. That Can we work it out? Can we do it? Do metrics? We hear all this anecdotal is important to small business. But we have the capacity to work on issues evidence about how great it is when we even the committee of jurisdiction anymore, thoroughly and delibera- give money to the States that they can didn’t have a hearing. So this is, tively? It has been almost 2 months

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3651 and we have not gotten any further. We failed stimulus which is now running our small businesses and job creators haven’t even had a hearing. Some- out of gas—given the records, I think and are preventing them from growing where, somebody has bills. Great. we can see it is clear we ought to go and hiring. It is a shame this amend- Bring them up. Let’s debate them. back to economic fundamentals to cor- ment got caught up in partisan vol- Let’s compare them. Let’s do some- rect the system and look clearly at the leying in the SBIR reauthorization. I thing. Let’s do something for small state of economics where we are now. am happy to have an opportunity to business. They desperately need it. With that, I yield to the Senator speak about it today. Now I will be glad to yield to the Sen- from Maine and thank her for the time. I also want to turn the Senate’s at- ator from Illinois. The PRESIDING OFFICER. Who tention to amendment No. 405 to repeal The PRESIDING OFFICER. The Sen- yields time? The Senator from Maine. the 3 percent withholding tax, a malig- ator from Illinois. Ms. SNOWE. I now yield to the Sen- nant and business-threatening provi- Mr. KIRK. Mr. President, I would ator from Massachusetts, Mr. BROWN. sion. It is based on S. 164, the With- like in this context to focus on the eco- Ms. LANDRIEU. Mr. President, how holding Tax Relief Act, which enjoys nomic policy, to look at where we are much time is remaining? bipartisan support and is critically right now, the state of the economic The PRESIDING OFFICER. The Sen- needed now. Senator SNOWE is a co- union and the State of Illinois. ator from Maine has 4 minutes, and the sponsor, as well as 14 of my colleagues. If we look at basic numbers we see we remaining time for the Democratic We need to repeal once and for all will take in about $2.1 trillion in tax side is 35 minutes. this onerous and costly unfunded man- revenue, but our government is cur- The Senator from Maine. date. This is a jobs amendment, plain rently projected to spend $3.4 trillion Ms. SNOWE. Mr. President, I ask and simple. It would repeal a part of in tax revenue, yielding a deficit of ap- unanimous consent for additional time our Tax Code that promises to kill proximately $1.3 trillion. We will have on the bill, since the vote is not going jobs. to borrow from the American people, to occur until 2:15, and that time be As you know, Mr. President, we have from China, and other foreign powers. equally divided. had many comments about how this Total unfunded liabilities of the Fed- Ms. LANDRIEU. I object. bill would, in fact, cost potentially as eral Government are $61 trillion, yield- The PRESIDING OFFICER. Objec- high as $75 billion to actually imple- ing a debt of $196,000 per American, tion is heard. The Senator from Maine. ment. The moneys received back to the currently. When we look at economic Ms. SNOWE. I yield the remainder of Federal Government would be about $8 growth and the way to expand the the time to Senator BROWN. It is re- billion over that same period. It is ab- available pie for the United States, our grettable, since this is an important surd. Any program that costs more to economy last year grew at a 2.8-percent issue, that we couldn’t have more time implement than it brings in revenues rate. China, on the other hand, grew at on this key issue. should be repealed immediately. 10.3 percent, and Libya—currently The PRESIDING OFFICER. The Sen- Two months ago I received a letter under attack by NATO—grew at 4.2 ator from Massachusetts. from the Massachusetts State sec- percent. In fact, quiz question: Which Mr. BROWN of Massachusetts. Mr. retary of finance, Jay Gonzalez, warn- economy grew more last year, the President, I want to begin by expressing Congress of the inevitable threat to United States or Iran? The answer: The ing my support for what Senator the ability of small businesses to sur- Iranian economy grew at a faster rate SNOWE has been doing and for the EDA vive in this economic climate if we than the United States. Reauthorization Act. I applaud the allow the continuation of this stealth The situation probably is even more committee for producing a good, com- tax. bleak in the State of Illinois. For the prehensive bill. These EDA grant pro- The PRESIDING OFFICER. The time State of Illinois, we are going to take grams provide vital resources, not only of the Senator has expired. in about $27 billion in revenue, spend- for Massachusetts economic develop- Mr. BROWN of Massachusetts. I ening $33 billion, for a $5.8 billion gap. ment and its businesses, but also other courage colleagues to also adopt that This is for a State whose credit rating States throughout the country to help amendment. is deteriorating quite rapidly, having communities get back on their feet in The PRESIDING OFFICER. The Sen- not funded its pensions to a greater de- this tough economic climate. For that ator from Louisiana. gree than almost any other State, the reason, the reauthorization of this bill Ms. LANDRIEU. Mr. President, the unfunded liability of the State of Illi- is incredibly important, and I encour- Senator from California was on the nois of $62 billion for a per-citizen debt age that it be done. Senate floor this morning, Mrs. BOXER, on top of the Federal debt of $4,800. I rise to speak about two amend- advocating passage of this bill and urg- When we look at our State and its ments to this bill that affect the sta- ing colleagues to vote against the economic growth, the State of Illinois bility of our small businesses. Senator Snowe amendment. I am here to sup- is at just 1.9 percent growth. Other SNOWE and Senator COBURN’s FREE- port that position. States, Wisconsin, even with its highly DOM Act, to reform the small business I would like to respond briefly to controversial Governor now rapidly im- regulatory system, is one that I have Senator COBURN’s last couple of state- proving its business climate at 2.5 per- consistently supported because it is a ments about where the bureaucracy cent; the State rated No. 1 for creating commonsense solution. When I am failed. He didn’t have to remind me, of jobs in America, 2.8 percent, and the traveling around my State, no matter course, the bureaucracy failed to re- State that is on fire, the State of Indi- where I go and no matter with whom I spond to Katrina and Rita, the largest ana at 4.6 percent. This is clearly a speak, from CEOs all the way down to disasters by far in the history of the sign that things are going well in Indi- the worker who is just doing the every- country. But we have spent 6 years fix- ana, things are going well in China, day work, one thing I hear over and ing that bureaucracy, not printing things are even going better in Libya over is a plea to get rid of the one-size- bumper stickers for reelection cam- than in the United States, and it shows fits-all Federal regulations that are paigns. You know what. It has worked that we need to change course for our limiting businesses. because our efforts to fix the bureauc- country economically, to back the Businesses need certainty and sta- racy have helped the people of Missouri amendment of the Senator that she has bility in order to create an economic and Arkansas and Tennessee and Mon- here, and to make sure we can lay out climate for jobs not only to be created tana and Indiana who are currently ex- better, more pro-productive policies but to be retained, not only in Massa- periencing terrible disasters as we like the small business bill of rights chusetts but throughout the country. speak. that represents 10 new policies to ac- This amendment would require that The bureaucracy that showed up at celerate economic growth. Federal agencies conduct comprehen- the Superdome is a lot better today in On behalf of that entity, which rep- sive analysis on the potential impact of many ways—it is better today than the resents half of all the jobs in the regulations on small businesses. It has bureaucracy that showed up at the Su- United States, and my own State— the support of the NFIB and the U.S. perdome. That is because we had hun- these are private sector jobs. They are Chamber of Commerce. Simply put, dreds of hours of committee meetings, sustainable. They do not depend on a burdensome regulations are hurting where this hard work is done, to bring

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3652 CONGRESSIONAL RECORD — SENATE June 9, 2011 significant and important bills and invite excessively costly and unwieldy litiga- with respect to this issue, and in my view, it changes that take debate, not on the tion. certainly does resurrect the controversial Senate floor but take debate in the We don’t want to have more lawsuits. TARP program . . . and because it hasn’t work of the committee. When you are We want to have less lawsuits. That is had a hearing, this should not pass. working on major pieces of legislation one of the problems small businesses Yet, within a year, she is back argu- that have major impacts, that is where are facing today—lawsuit after lawsuit ing against that argument—that her it is done. after lawsuit. The last thing we want bill, which hasn’t had any hearing in Besides the FREEDOM Act that is on to do is encourage more of them. Many the committee—should pass. the floor today, there is the Regulatory people have reviewed the technical So there is some inconsistency here. Responsibility For Our Economy Act, writing of the bill in its current form I say this with the greatest respect to sponsored by Senator ROBERTS with 46 and believe it will result in more law- the Senator from Maine. But if we cosponsors. I am assuming—I don’t suits, not less. We wish to fix that in want to be serious about regulatory re- have the list, but I am assuming they committee. form, we have to have this debate in are Democratic and Republican cospon- The amendment would make it harder, not the committee of jurisdiction, which is sors. That is a major regulatory relief easier, to see the actual cost of regulation, right now Homeland Security, and then bill. by expanding the Regulatory Flexibilities have the other chairmen of the com- There is a bill by Senator COLLINS Act definition to include indirect effects. mittees try to cooperate with that called the CURB Act, Clearing Unnec- I can understand why she wants to do committee and bring something to the essary Regulatory Burdens. The CURB it, but in interpreting the language as floor. We will be happy, many of us, to Act has two cosponsors. the Senator has written it, this legisla- vote for it. But doing this in this way Then there is a smaller bill by Sen- tion would likely undermine any reli- is not helpful. It is not going to fix the ator PORTMAN that has no cosponsors, able and meaningful economic analysis problem. It is only going to make the but he is the lead sponsor. That looks of regulation, thereby distracting the burden on small business worse. We to me like it is a smaller bill and has agencies from focusing on what the ac- have to move past it. limited scope but nonetheless on regu- tual impacts of the rules would be. I wish to refer my colleagues to the latory reform. floor remarks Senator SNOWE made on There could be 12 other bills filed in Finally, the amendment inappropriately links regulatory decisions to budget cuts. July 22, 2010. the Senate—I don’t know—and hun- Decisions about regulation should be based Can these be fixed? Yes. But this is dreds of other bills filed in the House. on sound economic science and not on the not the place, on the Senate floor, Forget the House bills. When bills like threat of budget cuts. when there are many other bills as this are filed in the Senate, the usual This is a preliminary review of some well. Senator SNOWE could remain the route and the most effective route is to of the current problems. main sponsor because she has put in go through the committee of jurisdic- Senator SNOWE is right, I guess. We the most work. She has been a tireless tion. You can understand in this topic, could stay on the floor for the next 2 or advocate. She should get tremendous which is so broad—regulatory reform— 3 or 4 weeks and the other Senators praise for bringing forth this issue and it is regulatory reform in the Depart- who are not on the floor could agree to keeping the fires burning and pushing ment of Commerce and regulatory re- come and debate their bills on the the Senate to this end, and that would form in the Department of EPW, Envi- floor, which is highly unusual. But why be terrific. Many of us would join that ronmental and Public Works, regu- not just go to the Homeland Security effort. But this is not the bill to do it latory reform for the Department of Committee, have all of the sponsors of on. This is not the place to do it. I Homeland Security, regulatory reform these major pieces of legislation would suggest that, again, taking this in the Department of Defense. There present their bills and have that com- to the committee of jurisdiction, work- are many committees of jurisdiction. mittee work through these technical ing it out, bringing the administration What everyone has agreed to is to difficulties? Because it is an important forward so we can actually make some have the hearing in the Homeland Se- issue. Many of us support regulatory real progress on curbing regulatory curity Committee, which has broad ju- reform. We know there are some bur- overreach by the Federal Government risdiction, and get the work done. Sen- dens, particularly on small business. would be welcomed by all. ator LIEBERMAN is not here today be- We want to get it fixed, so let’s fix it I see the Senator from Vermont is cause he is on Jewish holiday. He has here on the floor. I am assuming he said time and time again he will have instead of continuing to rail on this this hearing in the committee and that subject on every bill that comes before wants to talk. How much time do we have remain- is the appropriate place so we can come the Senate, whether or not it has any- ing? forward with a bill on regulatory relief. thing to do with regulatory reform. There are a couple of reasons why One thing I wish to point out to the The PRESIDING OFFICER. There is this particular approach is flawed. I Senator, and I point this out with the 24 minutes remaining. would like to read the comments from greatest respect, about 6 months ago or Ms. LANDRIEU. I thank the Chair. The PRESIDING OFFICER. The Sen- the administration. I would like to longer now, we were both on the floor ator from Vermont. read three specific reasons why this trying to pass the small business jobs Mr. SANDERS. I ask unanimous con- particular FREEDOM Act is not in the act, a very significant bill that would sent that the final 10 minutes be equal- proper position it should be. But the actually help to bolster this economy ly divided and controlled between Sen- way to fix it is not debating on the and help provide literally billions of ators SNOWE and BOXER, with Senator floor of the Senate on a bill that is not dollars of loans to small businesses BOXER controlling the final 5 minutes. really germane to the bill that we are that couldn’t get them anywhere. The PRESIDING OFFICER. Without debating, that we are trying to pass. It Their credit card companies had raised objection, it is so ordered. is to have this kind of debate in com- the rates so high or their banks had Mr. SANDERS. Mr. President, I yield mittee so we can work out these de- shut down their lines of credit. Senator myself 10 minutes of majority time. tails. Senator SNOWE has shown herself SNOWE and I worked together to bring The PRESIDING OFFICER. Without to be in the past, and still today, will- a bill to the floor—and we did, and objection, it is so ordered. ing to work in a very cooperative man- passed it, unfortunately, without the ner, and the place to do this is in com- support of the other side of the aisle. THE DEFICIT mittee. But in that debate, the Senator from Mr. SANDERS. Mr. President, there No. 1: The bill as currently drafted would Maine said—because I included in that are a number of huge issues facing our allow judicial review before the completion bill, with a 60-vote margin—I got Sen- country. Our middle class is collapsing. of rulemaking. That provision in the Free- ator Voinovich and Senator LeMieux Poverty is increasing. We are in two dom Act would undermine regulatory cer- to vote for the small business lending wars. We are concerned about global tainty, making it harder for businesses— fund, which was a little unusual. She warming, the quality of our education, not easier, harder— said: and massive unemployment. So this for businesses to plan for the future and . . . not included in the overall. First and country today has its share of serious compete in the marketplace. It would also foremost, it has not had a single hearing problems we have to address.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3653 Right now, a whole lot of attention, believe they would pass; it seems so in- make regulations more sensible and ef- not inappropriately, is on our very comprehensible. At a time when the ficient while protecting the public’s large deficit and a $14 trillion-plus na- middle class is hurting and things are health and well-being. The Snowe regu- tional debt. This is an issue which is getting worse as a result of a recession, latory reform amendment would amend perhaps going to come to a head over our Republican colleagues say, Well, the Regulatory Flexibility Act, RFA, the next few months as it becomes tied what we want to do is move toward def- to require that Federal agencies con- to whether we raise the debt ceiling. I icit reduction by making savage cuts sider all potential direct and ‘‘indirect wish to say a few words on this issue. in Medicaid, in education, in infra- economic impacts’’ of proposed regula- No. 1, when we talk about deficit re- structure, in nutrition, in virtually tions. I will vote against this amend- duction, it is important for us to un- every program that low- and moderate- ment because it is so broad and unde- derstand how we got to where we are income Americans depend upon. Fur- fined. Also, the Snowe amendment today. How did it happen? How do we thermore, what we want to do in the would give standing to seek judicial re- have a $1.5 trillion deficit this year, House—what they have done—is to end view and seek injunction of a rule- and a $14 trillion-plus national debt? Medicare as we know it, convert it into making while the rule is still in its Let’s remember that not so many years a voucher program, giving seniors a draft form and still receiving public ago, at the end of President Clinton’s check for $8,000 and have them go out comment. I am concerned that such a tenure, this country had a significant and get a plan from a private insurance change could paralyze the regulatory budget surplus and the expectation was company which clearly will be totally process, not reform it. that surplus was going to grow in the inadequate for most seniors and end up Mr. MCCONNELL. Mr. President, as years to come. raising their out-of-pocket expenses. cosponsor of the Freedom Act, I would But then a number of things hap- Then when it comes to the wealthiest like to add my voice to those who have pened during the Bush years. No. 1, we people who are doing phenomenally spoken in its support. became engaged in two wars. No. 2, we well, not only do our Republican col- But first I would like to thank Sen- passed a Medicare Part D prescription leagues not ask the wealthiest people ator SNOWE for her dedication and hard drug program. No. 3, we bailed out Wall or the largest corporations to pay one work in support of the many small Street. And No. 4, we gave huge tax nickel more in taxes to help us with business owners across her state and breaks to the wealthiest people in this deficit reduction, they come up with across the country who would benefit country. Then, as a result of the Wall this brilliant idea that we are going to from this legislation. Street-caused recession, revenue give $1 trillion in tax breaks over a 10- As we all know, America’s job cre- dropped, and the result was that we year period to the wealthiest people in ators are suffocating under regulations now have a very high deficit and a very America. So the rich are getting rich- and redtape. large national debt. But it is important er, and they get tax breaks. The middle The administration doesn’t seem to to remember how we got to where we class is shrinking, and what they are realize that all its interference has a are today. asked to do is to assume huge cuts in human cost. It is also important when we talk programming which will impact them Businesses want to create jobs and about deficit reduction to take a look very strongly. help communities recover, but they at American society today in order to This is clearly the Robin Hood pro- can’t. determine what is a fair way—a fair posal in reverse. We are taking from Whether it is new financial require- way—to address deficit reduction. working families who are hurting and ments, health care mandates, energy When we look at American society giving it to the wealthiest people who mandates, onerous new fees, burden- today, the trends are very clear. The are doing phenomenally well. The Re- some tax filing requirements, or middle class is, in many ways, dis- publican plan is clearly absurd, and I threats of higher taxes, businesses appearing as a result of stagnant or, in think most Americans understand today are faced with so many new rules fact, lowered wages for millions and that. and requirements from Washington millions of American workers. Median The question is, What will the Presi- that they can hardly see straight. family income over the last 10 years dent do? What will the Democrats do? The Freedom Act says enough is has gone down by about $2,500. The It is my very strong hope Democrats enough. middle class is hurting. Many millions will be strong on this issue. The Presi- This regulatory reform amendment of Americans, in fact, have left the dent has to be strong on this issue. The would help give small businesses much- middle class and entered the ranks of President has to go out to the Amer- needed relief from the Federal govern- the poor. Poverty is increasing. But at ican people and win the support that is ment and its one-size-fits-all approach. the same time as the middle class is there for a deficit reduction package of Specifically, it would modernize the shrinking and poverty is increasing, shared sacrifice. We need to say very Regulatory Flexibility Act to require there is another reality we cannot ig- clearly to the American people: No, we that from now on, Federal agencies nore—or I am afraid many of my col- are not going to move toward deficit conduct a comprehensive and careful leagues choose to ignore it—and that is reduction solely on the backs of the analysis of the potential impacts—both that the people on top are doing phe- most vulnerable people in this country. direct and indirect—of regulations on nomenally well. Over a recent 25-year No, we are not going to decimate Medi- small businesses. It would make sure period, 80 percent of all new income care so elderly people will not be able that the voices of small business own- went to the top 1 percent. The top 1 to get the health care they need when ers are heard in government agencies percent now earns more income than they are old and sick. No, we are not that frankly don’t seem to be listening the bottom 50 percent. When we talk going to throw millions and millions of to them. about distribution of wealth, we have people off of Medicaid and endanger This amendment has broad support the top 400 Americans—the 400 wealthi- families who have their parents in from the small business community. est Americans—owning more wealth nursing homes. We must have shared The U.S. Chamber of Commerce and than the bottom 150 million Ameri- sacrifice. The wealthy and large cor- the National Federation of Independent cans. porations must be involved and con- Businesses have issued strong letters of That gap between the very rich and tribute toward deficit reduction. support. everybody else is growing wider. It is There is a lot of responsibility on the At a time when nearly 14 million important to discuss that issue about President, but let me make it very Americans are looking for work, this is what is happening to the middle class, clear. I, personally, as a member of the exactly the kind of legislation that to lower income people, and the grow- Budget Committee and as a Senator would help America’s job creators. ing gap between the wealthy and every- from Vermont, will not be supporting When I ask business owners what body else when we address the issue of any package that does not call for they want us to do to help them create deficit reduction. shared sacrifice. jobs, they usually have a simple five- My Republican colleagues in the Mr. LEVIN. Mr. President I have sup- word response: get out of the way. That House came up with an idea that I ported regulatory reform since before is what we are doing with this legisla- think most people almost can’t even my election to the Senate in 1978, to tion.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3654 CONGRESSIONAL RECORD — SENATE June 9, 2011 And the only people who could pos- major inland port and intermodal cen- cratic process and response, exactly sibly oppose it are those who think the ter that are being developed. That in- what we are trying to attack. This is needs of bureaucrats in Washington are vestment is part of a $5.3 million not indiscriminate, as some have de- more important than the needs of job project that will create 240 jobs, save scribed on the other side of the aisle creators everywhere else. 270 jobs, and generate $48 million in about this regulatory reform measure. I thank Senator SNOWE and Senator private investment. It is very consistent. COBURN for their strong advocacy on So a $4 million investment attracting I know the Senator from Louisiana behalf of small businesses. $48 million in private investment. was talking about several of the issues. I intend to vote for this important In Idaho, we have a very good exam- I would like to go through them. amendment. I urge my colleagues to do ple of a $4.4 million grant to the Col- First of all, she mentioned about the the same. lege of Southern Idaho in Twin Falls to concerns of the judicial review. But AMENDMENT NO. 390 fund the construction of the Applied this provision is nearly identical to one Mrs. BOXER. Mr. President, we are Technology and Innovation Center. that she and Senator CARDIN intro- working on a bill that is a jobs bill, This new LEED-certified facility will duced in their own legislation in the plain and simple. It does not have any help the college meet the region’s 111th Congress. fancy parts to it. It is a reauthoriza- needs for a higher skilled workforce. The Senator also was concerned with tion of a program that was set up in They will learn to operate computer- our tying budget cuts to the SBA to 1965. The purpose was very clear: to go driven manufacturing equipment, this amendment as a way of paying for into areas in our States where the com- maintain alternative energy systems, some of the costs of it. But, to avoid munities are hurting for jobs, where and to use environmentally sound con- controversy, we specifically selected as the communities are hurting for busi- struction processes for these green offsets, cuts in the SBA that had been ness. It works in a way that every $1 buildings. This investment is part of a proposed by the Agency’s Inspector we put into the program attracts $7 of $6.9 million project that will create 486 General, and in the President’s very private investment. jobs. own budget. I will show you the job creation on In Indiana, EDA provided $2.4 mil- The Senator from Louisiana talked some of these charts that we see. At lion; in Kansas, $1.4 million to the city about the problems associated with the $500 million funding level that is of Hutchinson. I will go on with this in considering indirect economic effects authorized in the bill, the EDA is pro- my remaining time that I will have on small businesses when issuing rules. jected to create up to 200,000 jobs a later. But, for that provision we used the But the point is, this is a jobs bill, year and over the life of the bill up to exact same language suggested by the and it is being hijacked by a slew of 1 million jobs. It is done at a very low President’s chief small business regu- amendments, and I see the handwriting latory appointee, the chief advocate at cost per job. Mr. President, $3,000 per on the wall. I have been here long job is what it costs the Federal tax- the Small Business Administration. enough to know what is going on. So this is not indiscriminate and payers because of all the leverage that There is no cooperation. We have ev- comes in as cities join in, counties join some are mischaracterizing the provi- erything from the Snowe amendment sions in this legislation because they in, and so on. to endangered species, dealing with a I have a list of projects we can talk have not bothered to read the amend- chicken that somebody wants to take ment. I made a number of changes in about today. I have talked about a off the endangered species list. I mean, order to address the concerns on the number of projects that have been I was not born yesterday, as you can other side. If there were further con- funded through the EDA over the tell. I know what is happening. This is cerns, that we could work through, I course of this debate in the last few a dance. It is a slow dance. It, unfortu- would have addressed those as well. So days. I have talked about them in Cali- nately, signals to me maybe the slow I think we better make sure we get our fornia and Minnesota and I wish to add death of this bill. I think that is very facts straight because it is about small just a couple other recent projects sad, when you have a bill that has been businesses and jobs. That is what it is from across the country. supported by Republican Presidents, about. We are just stalling, deferring, In California, EDA awarded $3 mil- Democratic Presidents over the years, delaying. lion to the Inland Valley Development and the last vote on this floor was We heard concerns that we did not Agency in a county that is going unanimous, in 2004—by unanimous con- have a hearing on my specific amend- through some tough times, San sent—and George W. Bush signed it. I ment. Well, the Senate did not hold a Bernardino, to support the renovation have fought George W. Bush in a num- hearing on it since I was denied a vote of an existing building at the former ber of areas. He and I saw eye to eye on on it on May 4. And the President came Norton Air Force Base. This project is this one. This is not controversial. going to help the conversion of that I hope we can dispose of this amend- out a few days later and said regu- base into a commercial and light in- ment. I will have more to say on the latory reform was one of the top four dustrial area, attracting new compa- amendment in a couple minutes. issues for American economic growth nies that are interested in locating I yield the floor. and job creation. there. The PRESIDING OFFICER (Mr. Then we hear a bureaucratic con- This investment, funded by the De- SANDERS). Under the previous order, versation about hearings and multiple partment of Defense Office of Eco- the Senator from Maine has the next 5 jurisdictions and committees and com- nomic Adjustment and administered by minutes. mittees. I have to say, I have never EDA, is part of a $3.6 million project The Senator from Maine. known amendments to require hearings that will create 100 jobs and generate Ms. SNOWE. Thank you, Mr. Presi- before they are considered on the floor. $20 million in private investment. dent. In fact, I believe the Senator from Cali- So here you have a $3 million invest- I would urge my colleagues to sup- fornia had 19 amendments in the last ment that is going to be leveraged to port this amendment. It is about jobs. Congress—19 amendments—8 of which $20 million. It is pretty extraordinary, It is about small businesses. It is about were accepted and none had hearings. and this is the bill we are talking the well-being of American families. Yesterday we had a major amendment about. Just remember this: the stark num- on interchange. We did not have a In Florida, the EDA awarded nearly bers. The unemployment rate is at 9.1 hearing on that major issue. $4 million to construct a new waste- percent; the average over the last 21⁄2 I am just making a point. This is just water system for western Palm Beach years, 9.4 percent. For 23 out of the last bringing up issues to obfuscate and ob- County. The region suffered flooding in 28 months, unemployment has been at scure. I do not know exactly what the 2008 from Tropical Storms Hanna and 9 percent or higher. Housing prices are concern is, to be honest with you. If Fay, which caused environmental dam- at the lowest level since mid-2002. This there are some issues to address, then age. It closed local businesses. is the longest recession since modern let’s address them. But to just post- The construction is going to support record-keeping. pone in conversation, debating—the three city industrial parks and a gen- These are stark, grim numbers. What talk goes nowhere. There are no hear- eral aviation airport, as well as a I am hearing here today is a bureau- ings. There is nothing.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3655 The President scaled back regula- It would also create additional, ex- Mr. REID. Mr. President, Senator tions, as I said earlier in an effort to pensive litigation. The amendment al- MCCONNELL and I discussed what we spur economic growth, including some lows polluters to sue Federal agencies should do the rest of the day. We have in the Environmental Protection Agen- during the public comment period on a a number of Senators who have come cy. He did not undercut the Endan- proposed Federal safeguard that allows to both of us wanting to offer amend- gered Species Act. Nobody is accusing one polluter to hold up an important, ments. We think we need to have peo- him of scaling back every environ- let’s say, drinking water or clean air ple offer amendments so that we can mental law that has ever been on the protection standard for months, maybe find the universe of amendments and books. years. work through them and come up with a I think we ought to get away from So I urge a ‘‘no’’ vote on this amend- reasonable way to proceed forward. extreme mischaracterizations, inac- ment. Let’s get together and come up Having said that, I want people to curacies and untruths. Let’s talk about with something that balances eco- offer amendments on my side, and I the facts. Let’s read the bill. Let’s nomic growth with the protection of think Senator MCCONNELL feels the know what we are talking about and the health of our families. same way on his side. We will make a get our facts straight. This goes to the I yield the floor and hope we would determination later today as to how we heart of economic growth. It goes to now go to a vote under the previous will proceed on this next week. I think jobs. order. it would be fruitless at this stage to It goes to the American people’s well- Mr. President, I ask for the yeas and have a bunch of votes—well, we need being. nays on the amendment. consent to do it, so I don’t think there The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a will be any more votes this afternoon. ator’s time has expired. sufficient second? The PRESIDING OFFICER. The Sen- The Senator from California. There appears to be a sufficient sec- ator from Wisconsin. Mrs. BOXER. Mr. President, in my 5 ond. minutes, here is what I wish to say: AMENDMENT NO. 389 All time is yielded back. Mr. KOHL. Mr. President, I ask unan- Yes, I have offered many amendments The question is on agreeing to on this floor, as have all my colleagues. imous consent to set aside the pending amendment No. 390. amendment, and I call up my amend- But if I see an amendment and col- The clerk will call the roll. leagues see an amendment that could ment No. 389. The bill clerk called the roll. The PRESIDING OFFICER. Without hurt, we believe, the health of people, I Mr. DURBIN. I announce that the am going to say, yes, let’s have a hear- objection, it is so ordered. Senator from Vermont (Mr. LEAHY) is The clerk will report. ing. necessarily absent. The assistant bill clerk read as fol- I wish to show you a picture of a The PRESIDING OFFICER. Are there child with asthma. She is beautiful. lows: any other Senators in the Chamber de- The Senator from Wisconsin [Mr. KOHL] This is not a pretty picture. siring to vote? I will show you another picture of a proposes an amendment numbered 389. The result was announced—yeas 53, Mr. KOHL. Mr. President, I ask unan- little boy with asthma. This is also a nays 46, as follows: beautiful child and a terrible picture. imous consent that the reading of the Let me tell you, we are trying to pro- [Rollcall Vote No. 87 Leg.] amendment be dispensed with. tect these children. We are trying to YEAS—53 The PRESIDING OFFICER. Without protect our families. We are trying to Alexander Grassley Murkowski objection, it is so ordered. stop premature deaths. How do we do Ayotte Hatch Nelson (NE) The amendment is as follows: Barrasso Heller Paul (Purpose: To amend the Sherman Act to it? Yes, we have regulations. Have they Blunt Hoeven Portman worked? You bet they have. That is Boozman Hutchison Pryor make oil-producing and exporting cartels why I say, if you are going to change Brown (MA) Inhofe Risch illegal) Burr Isakson Roberts At the end of the bill, insert the following: them, yes, I hope we would look at— Chambliss Johanns Rubio SEC. lll. NOPEC. you know, everybody is motivated in Coats Johnson (WI) Sessions Coburn Kirk (a) SHORT TITLE.—This section may be the right direction. Jobs? Absolutely. Shaheen Cochran Klobuchar cited as the ‘‘No Oil Producing and Export- But I have to tell you, when you are Shelby Collins Kyl ing Cartels Act of 2011’’ or ‘‘NOPEC’’. Snowe sick, you cannot go to work. If a bread- Corker Lee (b) SHERMAN ACT.—The Sherman Act (15 winner dies prematurely, the family is Cornyn Lugar Tester U.S.C. 1 et seq.) is amended by adding after Thune Crapo Manchin section 7 the following: destitute. Toomey Let me show you just one act that DeMint McCain Enzi McConnell Vitter ‘‘SEC. 7A. OIL PRODUCING CARTELS. would be impacted by this Snowe Graham Moran Wicker ‘‘(a) IN GENERAL.—It shall be illegal and a amendment and why I think we ought violation of this Act for any foreign state, or NAYS—46 to have an alternative amendment. If any instrumentality or agent of any foreign you look at the study that was re- Akaka Franken Murray state, to act collectively or in combination Baucus Gillibrand Nelson (FL) with any other foreign state, any instrumen- quired by Congress, you find out that Begich Hagan Reed tality or agent of any other foreign state, or in just 2010 alone, the Clean Air Act Bennet Harkin Reid any other person, whether by cartel or any prevented 160,000 cases of premature Bingaman Inouye Rockefeller Blumenthal Johnson (SD) other association or form of cooperation or death; if you look at 2010 alone, 1.7 mil- Sanders joint action— Boxer Kerry Schumer ‘‘(1) to limit the production or distribution lion fewer asthma attacks; if you look Brown (OH) Kohl Stabenow Cantwell Landrieu at acute heart attacks prevented, Udall (CO) of oil, natural gas, or any other petroleum Cardin Lautenberg Udall (NM) product; 130,000. Carper Levin What happens in the Snowe amend- Warner ‘‘(2) to set or maintain the price of oil, nat- Casey Lieberman ural gas, or any petroleum product; or ment: All you are going to look at is Conrad McCaskill Webb ‘‘(3) to otherwise take any action in re- the economic benefits, not the health Coons Menendez Whitehouse Durbin Merkley Wyden straint of trade for oil, natural gas, or any benefits. It flies in the face of common Feinstein Mikulski petroleum product; sense and our moral responsibility. NOT VOTING—1 when such action, combination, or collective Here is what I see wrong with this action has a direct, substantial, and reason- amendment: It hurts protection for Leahy ably foreseeable effect on the market, sup- families and communities. It stops or The PRESIDING OFFICER. On this ply, price, or distribution of oil, natural gas, delays important protections for those vote, the yeas are 53, the nays are 46. or other petroleum product in the United people. It ignores public health and Under the previous order requiring 60 States. safety benefits. It only looks at the votes for the adoption of the amend- ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state benefits of economics. Yes, we have to engaged in conduct in violation of subsection ment, the amendment is rejected. (a) shall not be immune under the doctrine do that. But we also need a balanced Under the previous order, the motion of sovereign immunity from the jurisdiction approach. As I said, if someone is sick to reconsider is considered made and or judgments of the courts of the United and they cannot go to work, they can- laid upon the table. States in any action brought to enforce this not keep a job. The majority leader is recognized. section.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3656 CONGRESSIONAL RECORD — SENATE June 9, 2011 ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- of the requirement to maintain minimum es- This report found that when businesses TRINE.—No court of the United States shall sential coverage under section 5000A of the fully understand all the new regula- decline, based on the act of state doctrine, to Internal Revenue Code of 1986 that are pend- tions required under health reform, as make a determination on the merits in an ing before a Federal court on the date of en- many as half of them say they will action brought under this section. actment of this Act. ‘‘(d) ENFORCEMENT.— definitely or probably stop offering Mrs. HUTCHISON. Mr. President, health insurance benefits to their em- ‘‘(1) IN GENERAL.—The Attorney General of this amendment, I hope, will save our the United States may bring an action to en- ployees. That would leave as many as force this section in any district court of the businesses and our States the millions 78 million Americans on their own to United States as provided under the anti- of dollars they are now spending to im- find health insurance for themselves trust laws. plement the health care reform bill, and their families. ‘‘(2) NO PRIVATE RIGHT OF ACTION.—No pri- which is in the courts. vate right of action is authorized under this Yesterday, the court in Atlanta—the That is why I have filed amendment section.’’. Eleventh Circuit Court of Appeals— No. 423—to delay further implementa- (c) SOVEREIGN IMMUNITY.—Section 1605(a) heard arguments from the government tion of health reform until the courts of title 28, United States Code, is amended— and the State about whether the Flor- determine whether it is constitutional. (1) in paragraph (5), by striking ‘‘or’’ after My amendment would pause further the semicolon; ida District Court ruling that the health care law is null and void be- implementation of this law so we don’t (2) in paragraph (6), by striking the period spend millions more taxpayer dollars and inserting ‘‘; or’’; and cause it is unconstitutional should be (3) by adding at the end the following: upheld. Since we are in this court fight at the Federal and State levels, costing ‘‘(7) in which the action is brought under and this will surely go to the Supreme small businesses as well, when it could section 7A of the Sherman Act.’’. Court—there is no doubt that either be struck down. The PRESIDING OFFICER. The Sen- side that loses is going to appeal—my Twenty-six States have joined to- ator from Texas. amendment would put a moratorium gether to sue the Federal Government, Mrs. HUTCHISON. Mr. President, I on the implementation of the law. So it and a Florida district court found in ask unanimous consent to set aside the would save the Federal Government favor of these 26 States, saying Con- pending amendment. and the taxpayers who are paying for gress had overstepped and overreached The PRESIDING OFFICER. Without it, and it would save the State govern- its authority and that mandating indi- objection, it is so ordered. ments that are trying to implement a viduals to purchase health insurance AMENDMENT NO. 423 law that may be unconstitutional and was unconstitutional. The 11th Circuit Mrs. HUTCHISON. Mr. President, I cost millions of dollars to adjust their Court, as I said earlier, is considering call up amendment No. 423. system and the businesses across our this case as we speak and we should The PRESIDING OFFICER. The country that are trying desperately to not burden any further businesses, clerk will report. determine if they are going to be able States and taxpayers who support the The assistant bill clerk read as fol- to even offer health insurance or if Federal Government until we know if lows: they want to offer health insurance to this law is constitutional. Let us put in place a moratorium, a pause, so that The Senator from Texas [Mrs. HUTCHISON], their employees anymore. for herself, Mr. BARRASSO, Mr. BURR, Mr. We are in a time when there are un- no one gets penalized for not con- INHOFE, Mr. PORTMAN, Mr. RISCH, and Mr. precedented regulatory burdens on our tinuing the implementation process. HATCH, proposes an amendment numbered businesses. We are facing a $14 trillion That is what my amendment would do. 423. national debt in this country—trillion. Let’s clarify, and then, if the law is Mrs. HUTCHISON. Mr. President, I We are looking at having to raise that constitutional, there is plenty of time ask unanimous consent that the read- debt limit if we don’t severely cut to go forward. But if it isn’t, as I hope ing of the amendment be dispensed spending and get our house in order. is the case, we will be able to start all with. In the past 2 years alone, this Fed- over. We would make health care more The PRESIDING OFFICER. Without eral Government has borrowed an addi- available and more affordable in this objection, it is so ordered. tional $3.2 trillion. Washington passed country without cutting Medicare, The amendment is as follows. a health care reform bill that cost overburdening our taxpayers and busi- (Purpose: To delay the implementation of nearly $2.6 trillion and a stimulus bill nesses, and maybe even get our econ- the health reform law in the United States that cost $821 billion, which has only omy going and stop this rising unem- until there is final resolution in pending given us higher unemployment since ployment we are seeing in our country lawsuits) the stimulus bill passed. The U.S. econ- right now. Nine percent unemployment On page l, between lines l and l, insert omy is frozen, job creators are facing is too high, and health care reform is a the following: new levels of taxes, they are looking at part of the problem that is causing it. SEC. ll. EFFECTIVE DATE OF PPACA. this health insurance cost going up Mr. President, I yield the floor. (a) IN GENERAL.—Notwithstanding any and, on top of that, new regulations. other provision of law, the provisions of the Heavyhanded government regulation AMENDMENTS NOS. 417 AND 418 EN BLOC Patient Protection and Affordable Care Act is not what we need right now. The Mr. PORTMAN. Mr. President, I ask (Public Law 111–148) and the Health Care and health care reform bill is a perfect ex- unanimous consent that the pending Education Reconciliation Act of 2010 (Public Law 111–152), including the amendments ample of government regulations amendment be set aside, and that I be made by such Acts, that are not in effect on hamstringing our businesses with more allowed to call up amendments Nos. 417 the date of enactment of this Act shall not redtape and bureaucracy. It has been and 418 en bloc. be in effect until the date on which final over a year since that bill was passed, The PRESIDING OFFICER. Is there judgment is entered in all cases challenging and businesses are still facing unprece- objection? the constitutionality of the requirement to dented premium increases—as high as Without objection, it is so ordered. maintain minimum essential coverage under 20 percent. Employers are finding their section 5000A of the Internal Revenue Code policies being canceled because insur- The clerk will report. of 1986 that are pending before a Federal The assistant bill clerk read as fol- court on the date of enactment of this Act. ers are closing up shop due to new Fed- (b) PROMULGATION OF REGULATIONS.—Not- eral regulations. Health care reform is lows: withstanding any other provision of law, the requiring individuals and businesses to The Senator from Ohio [Mr. PORTMAN] pro- Federal Government shall not promulgate buy government-approved health care poses en bloc amendments numbered 417 and regulations under the Patient Protection or they pay hefty fines. Health reform 418. and Affordable Care Act (Public Law 111–148) has discouraged businesses from hiring, Mr. PORTMAN. Mr. President, I ask or the Health Care and Education Reconcili- because if you go over 50 employees, unanimous consent to dispense with ation Act of 2010 (Public Law 111–152), includ- new Federal regulations that will be ing the amendments made by such Acts, or the reading of the amendments. imposed on you are going to be costly. otherwise prepare to implement such Acts The PRESIDING OFFICER. Without (or amendments made by such Acts), until A new study out this week confirms the date on which final judgment is entered that health reform will not let you objection, it is so ordered. in all cases challenging the constitutionality keep your health plan, as promised. The amendments are as follows:

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3657 AMENDMENT NO. 417 be made by the public, or employ other flexi- regulations. It is the redtape and also (Purpose: To provide for the inclusion of ble regulatory options that permit the great- the uncertainty. It is not just the bu- independent regulatory agencies in the ap- est flexibility in achieving the objectives of reaucracy and redtape, it is the uncer- plication of the Unfunded Mandates Re- the statutory provision authorizing the rule; tainty about future regulations. form Act of 1995 (2 U.S.C. 1501 et seq.)) and This regulatory burden on employers, ‘‘(C) an explanation that the rule meets At the appropriate place, insert the fol- by the way, is growing, and it is allowing: the requirements of section 205; ‘‘(2) an assessment of the extent to which— ready a mess. There is a recent study lll SEC. . INCLUSION OF APPLICATION TO ‘‘(A) the costs to State, local and tribal commissioned by the Small Business INDEPENDENT REGULATORY AGEN- CIES. governments may be paid with Federal fi- Administration and the Obama admin- (a) IN GENERAL.—Section 421(1) of the Con- nancial assistance (or otherwise paid for by istration which estimates the annual gressional Budget and Impoundment Control the Federal Government); and toll now of Federal regulations on the Act of 1974 (2 U.S.C. 658(1)) is amended by ‘‘(B) there are available Federal resources American economy is $1.75 trillion. striking ‘‘, but does not include independent to carry out the rule; That is more than the IRS collects in regulatory agencies’’. ‘‘(3) estimates of— ‘‘(A) any disproportionate budgetary ef- income taxes in a year. With the unem- (b) EXEMPTION FOR MONETARY POLICY.—The ployment rate now at 9.1 percent, we Unfunded Mandates Reform Act of 1995 (2 fects of the rule upon any particular regions U.S.C. 1501 et seq.) is amended by inserting of the Nation or particular State, local, or can’t continue to ask businesses to after section 5 the following: tribal governments, urban or rural or other spend more on redtape. Instead, we types of communities, or particular seg- ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. want them to invest in job creation. ments of the private sector; and ‘‘Nothing in title II, III, or IV shall apply The current administration, unfortu- ‘‘(B) the effect of the rule on job creation to rules that concern monetary policy pro- nately, I believe, is moving in the or job loss, which shall be quantified to the posed or implemented by the Board of Gov- wrong direction on this score. We have extent feasible; and ernors of the Federal Reserve System or the ‘‘(4)(A) a description of the extent of the seen a sharp increase over the past cou- Federal Open Market Committee.’’. agency’s prior consultation with elected rep- ple of years in new ‘‘major’’ or ‘‘eco- AMENDMENT NO. 418 resentatives (under section 204) of the af- nomically significant’’ rules. These are (Purpose: To amend the Unfunded Mandates fected State, local, and tribal governments; regulations that impose a cost on the Reform Act of 1995 (2 U.S.C. 1501 et seq.) to ‘‘(B) a summary of the comments and con- economy of $100 million or more. strengthen the economic impact analyses cerns that were presented by State, local, or According to the Office of Manage- for major rules, require agencies to analyze tribal governments either orally or in writ- ment and Budget, the Obama adminis- the effect of major rules on jobs, and re- ing to the agency; and tration has been regulating at a pace of quire adoption of the least burdensome ‘‘(C) a summary of the agency’s evaluation 84 of these new ‘‘major’’ or ‘‘economi- regulatory means) of those comments and concerns.’’; cally significant’’ rules—costing the At the appropriate place, insert the fol- (D) in subsection (d) (as redesignated by lowing: paragraph (2) of this subsection), by striking economy over $100 million—per year, SEC. lll. UNFUNDED MANDATES REFORM. ‘‘subsection (a)’’ and inserting ‘‘subsection including rules issued by independent (a) REGULATORY IMPACT ANALYSES FOR (b)’’; and agencies. By the way, that is about a CERTAIN RULES.— (E) in subsection (e) (as redesignated by 50-percent increase over the regulatory (1) REGULATORY IMPACT ANALYSES FOR CER- paragraph (2) of this subsection), by striking output during the Clinton administra- TAIN RULES.—Section 202 of the Unfunded ‘‘subsection (a)’’ each place that term ap- tion, which was about 56 major rules Mandates Reform Act of 1995 (2 U.S.C. 1532) is pears and inserting ‘‘subsection (b)’’. per year. amended— (2) TECHNICAL AND CONFORMING AMEND- I was very encouraged by the words MENT.—The table of sections for the Un- (A) by striking the section heading and in- of President Obama as he introduced serting the following: funded Mandates Reform Act of 1995 is amended by striking the item relating to his January Executive order on im- ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.’’; section 202 and inserting the following: proving regulation and regulatory re- (B) by redesignating subsections (b) and (c) ‘‘Sec. 202. Regulatory impact analyses for view, but now we need action. We need as subsections (d) and (e), respectively; certain rules.’’. to be sure the agencies are actually (C) by striking subsection (a) and inserting (b) LEAST BURDENSOME OPTION OR EXPLA- taking the measures necessary to pro- the following: NATION REQUIRED.—Section 205 of the Un- vide regulatory relief for job creators ‘‘(a) DEFINITION.—In this section, the term funded Mandates Reform Act of 1995 (2 U.S.C. and reducing this drag on our economy. ‘cost’ means the cost of compliance and any 1535) is amended by striking section 205 and One commonsense step we can take reasonably foreseeable indirect costs, includ- inserting the following: now is to strengthen a piece of legisla- ing revenues lost as a result of an agency ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EX- tion that is already in place. It is rule subject to this section. PLANATION REQUIRED. ‘‘(b) IN GENERAL.—Before promulgating ‘‘Before promulgating any proposed or called the Unfunded Mandates Reform any proposed or final rule that may have an final rule for which a regulatory impact Act. It was passed by Congress and annual effect on the economy of $100,000,000 analysis is required under section 202, the signed into law by President Clinton in or more (adjusted for inflation), or that may agency shall— 1995. It was bipartisan legislation. I result in the expenditure by State, local, and ‘‘(1) identify and consider a reasonable was one of the authors of this legisla- tribal governments, in the aggregate, of number of regulatory alternatives within the tion in the House of Representatives. $100,000,000 or more (adjusted for inflation) in range of the agency’s discretion under the UMRA, as it is called—Unfunded Man- statute authorizing the rule, including alter- any 1 year, each agency shall prepare and dates Reform Act—was a bipartisan ef- publish in the Federal Register an initial and natives required under section 202(b)(1)(B); final regulatory impact analysis. The initial and fort basically to say that regulators regulatory impact analysis shall accompany ‘‘(2) from the alternatives described under had to evaluate a rule’s cost and find the agency’s notice of proposed rulemaking paragraph (1), select the least costly or least less costly alternatives before adopting and shall be open to public comment. The burdensome alternative that achieves the ob- one of these so-called ‘‘major’’ rules. final regulatory impact analysis shall ac- jectives of the statute.’’. The two amendments I am offering company the final rule. Mr. PORTMAN. Mr. President, today today would improve UMRA in a way ‘‘(c) CONTENT.—The initial and final regu- we are considering a bill intended to that is entirely consistent with the latory impact analysis under subsection (b) principles President Obama himself shall include— promote economic development, and I ‘‘(1)(A) an analysis of the anticipated bene- think it is only appropriate we also laid out in his January Executive order fits and costs of the rule, which shall be talk about regulations, because, unfor- on regulatory review. The first amend- quantified to the extent feasible; tunately, regulatory mandates are sti- ment, 418, would require agencies spe- ‘‘(B) an analysis of the benefits and costs fling economic growth today and keep- cifically to assess the potential effects of a reasonable number of regulatory alter- ing us from creating the jobs we so of new regulations on job creation and natives within the range of the agency’s dis- badly need. to consider market-based and non- cretion under the statute authorizing the I hear it all over my State, and I am governmental alternatives to the regu- rule, including alternatives that— sure my colleagues do as well. Compa- lation. It would also broaden the scope ‘‘(i) require no action by the Federal Gov- ernment; and nies are saying they want to expand. of UMRA to require cost-benefit anal- ‘‘(ii) use incentives and market-based They say: We have a good idea, we have ysis of rules that impose direct or indi- means to encourage the desired behavior, a business plan that works, but we are rect economic costs of $100 million or provide information upon which choices can deterred by the cost of complying with more. It would require agencies to

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3658 CONGRESSIONAL RECORD — SENATE June 9, 2011 adopt the least costly or least burden- tant to American citizens; that is, get- lies underwater, less confidence in the some regulatory option that achieves ting them back to work, creating jobs. recovery, more inclination to hold onto the policy goal set out by this Con- Creating jobs should be the paramount every dollar rather than to spend in gress. A commonsense idea. concern of every person in this town. our economy, so the consumer spend- The second amendment, 417, would We are not going to get job growth ing is suppressed and our GDP is di- extend UMRA to independent agencies. going again until we deal with the rectly linked, both to the amount of In 1995, it was imposed upon the execu- housing crisis that started this reces- money invested—and we know many tive agencies but not on independent sion and that is blocking our recovery. companies around America are sitting agencies. Those independent agencies Three years ago, our economy was on vast sums rather than investing have grown, and so have their regula- nearly destroyed by a combination of them—and on the amount of money tions. This would be an agency such as high-risk, high-cost subprime mort- families spend. the SEC—the Securities and Exchange gages and reckless bets on Wall Street. These things all tie together, wheth- Commission—or the CFTC or even the Since then we fixed many of those er our economy is going to succeed or new Consumer Financial Protection problems in subprime mortgages. We remain in its current paralyzed shape. Bureau, which has gotten a lot of at- have ended three of the key predatory Often it is important to take these big tention here in the Senate in the de- practices. One of those was undocu- numbers and translate them to indi- bate over the Dodd-Frank Act. Right mented loans, otherwise known, com- vidual stories. I would like to share now they are exempted from the cost- monly, as ‘‘liar loans,’’ where the infor- today a story about Tim Colette and benefit rules that govern all these mation was fictionalized. his son in my State of Oregon. We re- other Federal agencies. Then we had the prepayment pen- ceived this article from Economic Fair- Major rules issued by what is called alty. It was a steel trap in which a ness Oregon. It is titled, ‘‘A Home- the ‘‘headless fourth branch’’ of gov- mortgage document would lock people coming With No Home.’’ I will read the ernment are not even reviewed for into a loan with an exploding interest first paragraph. Mr. Colette says: cost-benefit justification by OIRA, rate and would prevent them from My biggest problem now is, my son comes which is the Office of Information and being able to get out of that loan. We home from the military in August and my Regulatory Affairs at OMB which re- knew from a Wall Street Journal study home is being foreclosed on in 18 days. He’s been hit by an IED, people shooting at him views regulations from all the other that 60 percent of the families in these and he just wanted to come home and sleep agencies. predatory loans with the steel trap pre- in his room in his bed and be safe for 15 days Based on information from the GAO, payment penalties qualified for reg- . . . and I told him I’d make that happen. I it now appears that between 1996 and ular, ordinary, fully amortizing 30-year don’t know how yet, but I will. this year independent agencies issued prime loans. Mr. Colette shared his story with Or- nearly 200 regulations that had an im- That leads us to the third point, egon lawmakers in a recent hearing on pact of $100 million or more on the which was the undisclosed bonuses, foreclosure reform, and I thank him for economy. So again, over 200 regula- otherwise known as steering payments sharing his story. For Tim and count- tions were not subject to review under or kickbacks, that were paid to mort- less others, it did not need to be this UMRA because they were from inde- gage originators when they steered bad. We have a program in America pendent agencies. There is a clear need families from the prime loan with a called the Mortgage Modification Pro- to extend UMRA to these independent fair interest rate and 30-year amortiza- gram, or HAMP, Housing Affordable agencies. Closing this loophole is a sen- tion into the predatory subprime loan Modification Program. That program sible reform. with an exploding interest rate and a has not worked very well. Indeed, it is By the way, this reform was endorsed steel trap prepayment penalty. a voluntary program. It has been more by the President’s own regulatory czar, It is good that we ended those prac- or less a nightmare for the families Professor Cass Sunstein, who wrote in tices for the future. But for the fami- who have been applying. a 2002 law review article that it only lies who have been caught up in the Often a servicer will encourage fami- made sense to require independent flood of foreclosures, it is as though we lies to apply because they make more agencies to undertake the same cost- rebuilt the levees but we have not done money when a family is behind on their benefit analysis that we require of ex- anything to take away the water that payments than when they are current ecutive agencies. is still flooding their living rooms. on their payments. So often the No major regulation, whatever its Just last week, new reports, the servicer will say: You know, you prob- source, should be imposed on American Case-Shiller Index, showed that home ably qualify. What you need to do is employees or on State and local gov- prices have reached their lowest level stop making your payments for a pe- ernments without serious consider- since 2002. If home prices are that low, riod of 3 months or maybe 6 months or ation of what the costs are, what the it is also hard to build new homes. In- what you need to do is cut your pay- benefits are, and whether there is deed, a recent report said the number ments in half and that will show finan- available a less burdensome alter- of new homes being built each month cial distress and you will qualify for native. That is what these amendments had reached the lowest level since this program. are all about. Both would move us fur- 1965—that is almost 50 years ago. Sim- So the family follows those direc- ther toward that goal, and I urge my ply, our economy is not going to re- tions, understands they are in the proc- colleagues to support them both. cover until our housing market recov- ess of getting a modification, and then Madam President, I yield the floor, ers. A home is the single biggest in- it turns out the servicer has a different and I suggest the absence of a quorum. vestment that most families make, and story to tell, often saying: You know The PRESIDING OFFICER (Mrs. it is the key to their financial success. what. Your credit score is not very MCCASKILL). The clerk will call the It is often the key to happiness in re- good because you have only been mak- roll. tirement. ing half payments for 6 months. So, The assistant bill clerk proceeded to In addition to the impact on millions you know what, you don’t qualify after call the roll. of families—and we are looking at the all, and you owe us a lot of money. If Mr. MERKLEY. Madam President, I possibility of 5 to 8 million more fami- you do not pay us, we are foreclosing. ask unanimous consent the order for lies facing foreclosure stemming from That is the nightmare of a program the quorum call be rescinded. this predatory lending crisis that melt- that was supposed to help families but The PRESIDING OFFICER. Without ed down our economy in 2008 and 2009— has often hurt families. Mr. Colette’s objection, it is so ordered. in addition to the impact on those fam- story is one of these stories of going AMENDMENT NO. 428 ilies, it has an impact on our commu- through the difficulty of this program. Mr. MERKLEY. Madam President, I nities. When there is an empty house He bought his home in 2006. At the rise to speak to amendment No. 428 on on the street, it pulls down the value of time it seemed like a great investment the regulation of mortgage servicing. every other home on that street by as for him and his son, especially consid- We spend a lot of time in Washington much as $2,000 to $5,000 per home. That ering that he was in a position to put talking about many topics but often further drives down prices, which down more than $100,000 as a downpay- not getting to the issue most impor- means more foreclosures, more fami- ment. It is a situation that very few

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3659 families can emulate. He was able to The third point in this amendment is Mr. MCCAIN. Madam President, I ask afford his mortgage payments quite that it requires a third-party review unanimous consent that the reading of easily within his income. before a servicer sends a home into the amendments be dispensed with. But when Wall Street’s bad bets foreclosure. That simply guarantees The PRESIDING OFFICER. Without sparked the national recession, every- that the law has been followed, that objection, it is so ordered. thing changed. He lives in one of the there was a coherent examination of The amendments are as follows: hardest hit areas of the State of Or- the paperwork and a foreclosure is in AMENDMENT NO. 411 egon, Deschutes County, and the con- order at the same time a modification (Purpose: To prohibit the use of Federal struction industry dried up overnight has been approved or a foreclosure is in funds to construct ethanol blender pumps and therefore his business, his con- order at the same time a modification or ethanol storage facilities) struction business, dried up overnight. is on the verge of being approved or At the end of the bill, add the following: He called his mortgage servicer to that a foreclosure doesn’t proceed be- SEC. ll. PROHIBITION ON USE OF FEDERAL begin the mortgage modification proc- cause a document is missing from the FUNDS TO CONSTRUCT ETHANOL ess, and he did what the bank asked file. Connecticut and Maine have such BLENDER PUMPS OR ETHANOL him to. STORAGE FACILITIES. a program, and it has kept 60 percent Effective beginning on the date of enact- At the time the bank extracted par- of the families who would otherwise be tial payments, actually for years, on ment of this Act, no funds made available by out of their houses in their houses. So Federal law (including funds in any trust the false hope that Tim could receive a three basic, fundamental reforms. fund to which funds are made by Federal long-term fix. So month after month I wish to thank my Republican co- law) shall be expended for the construction his equity, that original $100,000 down- sponsor, OLYMPIA SNOWE, who stepped of an ethanol blender pump or an ethanol payment, was siphoned away. It was si- forward on behalf of homeowners storage facility. phoned away through bank fees, it was across this Nation to say yes to fair- AMENDMENT NO. 412 siphoned away through declining prop- ness. I also thank the other dozen or so (Purpose: To repeal the wage rate require- erty values, until there was nothing Senators who in the last day have ments commonly known as the Davis-Bacon left. signed up as cosponsors. Many of them Act) Had his request for a modification On page l, between lines l and l, insert been processed promptly, either he have been real champions in their the following: would have been approved or denied. If States, and some of them have worked SEC. ll. REPEAL OF DAVIS-BACON WAGE RE- he would have been approved, it would very hard on these issues, including QUIREMENTS. have been great. It would have locked Senator REID and Senator WHITEHOUSE. (a) IN GENERAL.—Subchapter IV of chapter 31 of title 40, United States Code, is repealed. in his payments, and he could have In fact, I would note that Senators AKAKA, BLUMENTHAL, DURBIN, INOUYE, (b) REFERENCE.—Any reference in any law continued with that fine financial to a wage requirement of subchapter IV of LEVIN, MCCASKILL, SANDERS, SHAHEEN, foundation. If he had been denied, he chapter 31 of title 40, United States Code, would have had the ability to say: I WHITEHOUSE, and WYDEN, and I imagine shall after the date of the enactment of this have to make a decision then. Do I put many more will join us. Act be null and void. this home up for a short sale? Do I put I encourage my colleagues to support (c) EFFECTIVE DATE AND LIMITATION.—The it up on the market and try to sell it fundamental fairness: single point of amendments made by this section shall not for what is owed to the bank? He would contact and a foreclosure dual track affect any contract in existence on the date of enactment of this Act or made pursuant have had some savings left over to pick and have a third-party review so that homeowners get a chance, like Mr. to invitation for bids outstanding on such up and start over. date of enactment. Tim did all that was right and he Colette, to stay in their homes. played by the rules, but he is in a pre- Thank you, Madam President. Mr. MCCAIN. Madam President, I carious position today. In just 9 weeks, AMENDMENTS NOS. 411 AND 412 EN BLOC will be brief in discussing both of the his son, serving our country overseas, Mr. MCCAIN. Madam President, I ask amendments. The first amendment, amendment will come home. Let’s hope it is a unanimous consent to set aside the homecoming with a home, not a home- pending amendment and call up No. 411, is a simple amendment that coming without a home. amendments Nos. 411 and 412. would prohibit the U.S. Department of This amendment does three impor- The PRESIDING OFFICER. Is there Agriculture from funding the construc- tant things: The first is, it establishes objection? tion of ethanol blender pumps or eth- a single point of contact so when a Mr. MERKLEY. Reserving the right anol storage facilities, which is the lat- family talks to their servicer they do to object. est effort on the part of the ethanol not have to start from scratch every The PRESIDING OFFICER. The lobby to take more and more of U.S. single time, explaining their story. unanimous consent request is pending. taxpayers’ dollars. With that single point of contact there Mr. MCCAIN. Madam President, I I would remind my colleagues that will be somebody who has a coherent still ask unanimous consent to call up taxpayers have already provided bil- file. So often, each time a family both amendments. It is my under- lions of dollars to ethanol producers talked to a different person at the standing amendments are allowed, but over the last 30 years. Last year alone, servicer, that person had lost the file if there are some amendments that are the ethanol tax credit cost the tax- or lost key papers in the file or was not allowed, I think we ought to under- payers $6 billion. In the final hours of sent additional information that had stand that. I understand the strength the last Congress, the ethanol tax cred- been requested but did not put it into of the ethanol lobby, but there was an it was extended for an additional year the file. So a single coherent point of agreement that amendments would be and will likely cost taxpayers an addi- contact. allowed to be called up. If that is not tional $5 billion to $6 billion this year. Second, this amendment ends the the case, then I would obviously have Seeking to double-dip in the Federal dual track on which servicers proceed to resort to other parliamentary meas- Treasury, advocates for the ethanol in- to pursue foreclosure at the same time ures. dustry are seeking taxpayer support they are talking to the customer about So I repeat my unanimous consent for infrastructure for ethanol such as a modification. Very simply, this request to set aside the pending amend- blender pumps and storage facilities. amendment would set aside that dual ment and call up both amendments, The Department of Agriculture was track, that foreclosure track, until Nos. 411 and 412. happy to comply with the industry’s they make a decision. They can make The PRESIDING OFFICER. Is there request to fund infrastructure con- it over a longer period of time, over a objection? struction. On April 8, 2001, the Sec- shorter period of time, but until they Without objection, it is so ordered. retary of Agriculture issued a rule make the decision and tell the cus- The clerk will report. that—get this—would classify blender tomer, they set aside the foreclosure The assistant legislative clerk read pumps as a renewable energy system. track. That would reduce a lot of the as follows: In other words, pumps are now a renew- stress, a lot of the confusion, a lot of The Senator from Arizona [Mr. MCCAIN] able energy system, which would qual- the enormous frustration that families proposes amendments en bloc numbered 411 ify it for funding under the Rural En- face. and 412. ergy Assistance Program.

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DOE did not cite age needs. Unfortunately, it has been station owners to upgrade their infra- technical or safety issues. reported that members of the commis- structure and further subsidize the eth- There is a simple reason that neither sion have been told that under no cir- anol industry. Department of Energy Secretary Chu cumstances are they allowed to rec- According to the USDA, an ethanol nor any other member of the adminis- ommend Yucca Mountain as a perma- blender pump and tank could cost an tration has put forth a single scientific nent waste repository—regardless of average of $100,000 to $120,000 to install. justification on the decision not to where the scientific evidence leads With over 200,000 fuel pumps currently move forward with Yucca Mountain— them. operating in the United States, it because there is none. According to the Government Ac- would cost over $20 billion to convert When the NRC’s Atomic Safety and countability Office, the termination of them all—a corporate welfare project Licensing Board rejected the Depart- Yucca Mountain would set back the of significant proportions. ment of Energy’s request to withdraw opening of a new geologic repository by I might point out that an amendment the license application, it noted: at least 20 years and cost billions of similar to this was overwhelmingly Conceding that the Application is not dollars. Of course, these billions would supported in the other body during the flawed nor the site unsafe, the Secretary of be in addition to the $15 billion tax- consideration of H.R. 1 by a vote of 261 Energy seeks to withdraw the Application payers have already spent to research to 158. with prejudice as a ‘‘matter of policy’’ be- and develop the Yucca Mountain site. It is time we stop this. I am a well- cause the Nevada site ‘‘is not a workable op- It is really a sad day when we allow known opponent of ethanol subsidies to tion.’’ politics or political influence to cause start with because it has never been of In fact, according to the House re- us to allow at least $15 billion of the any value. It has distorted the market, port, the NRC staff review of DOE’s taxpayers’ money to be wasted and to and it has been an incredible waste of Yucca Mountain license application really doom, to a large degree, the fu- taxpayers’ dollars. But now they want agreed overwhelmingly with the De- ture of nuclear power in this country. to go further by having us pay as much partment of Energy on the scientific We need to have energy self-suffi- as $20 billion so they can install, under and technical issues associated with ciency. I believe in wind. I believe in the Rural Energy Assistance Program, the site, ultimately concluding that tide. I believe in solar. But nuclear blender pumps and storage facilities. the application complies with applica- power must be a part of any equation if So the ethanol advocates today have ble Nuclear Regulatory Commission we are going to be truly energy inde- issued a release opposing this amend- safety regulations necessary for the pendent. And by closing Yucca Moun- ment because it would enforce the for- site to proceed to licensing for contain and by wasting already $15 billion eign oil mandate over our transpor- struction. of the taxpayers’ money, we have made tation fuels marketplace by blocking a The political interference orches- that goal much, much harder to reach. job-creating effort to promote the in- trated by the administration comes Madam President, I yield the floor. stallation of flex pumps. So now this is with a very real cost. As of 2010, the The PRESIDING OFFICER. The Sen- all about jobs. We want to create jobs taxpayers have spent $15 billion to re- ator from Oregon. by spending taxpayers’ dollars to build search and develop the Yucca Moun- AMENDMENT NO. 440 pumps. tain site. Mr. MERKLEY. Madam President, I I hope my colleagues will take a look In addition, even while the adminis- ask unanimous consent to set aside the at this and support this amendment. tration is attempting to terminate the pending amendment and call up The other amendment, amendment place, the energy industry and there- amendment No. 440 that is at the desk. No. 412, basically eliminates Davis- fore the ratepayers are still contrib- The PRESIDING OFFICER. Is there Bacon requirements from this legisla- uting to the Nuclear Waste Fund that objection? tion. The issue of Davis-Bacon is well was established to pay for a nuclear Without objection, it is so ordered. known. All it would do is, in my view, waste repository. According to the The clerk will report. reduce costs by some 60 percent from Congressional Budget Office, the Nu- The assistant editor of the Daily Di- market rates if we are indeed not im- clear Waste Fund is holding over $25 gest read as follows: posing Davis-Bacon Act requirements. billion of ratepayers’ money. To date, The Senator from Oregon [Mr. MERKLEY] While I am on the floor, I wish to no one has stated whether the energy proposes an amendment numbered 440. mention to my colleagues that as we industry or the ratepayers will be re- Mr. MERKLEY. I ask unanimous face increasing costs at the gas pump funded those fees, and it is likely the consent that the reading of the amend- of $4 or more—there are predictions taxpayer will end up footing the bill for ment be dispensed with. that the cost of gasoline and a barrel of the lawsuits filed against the Federal The PRESIDING OFFICER. Without oil will continue to increase—this ad- Government by those who have been objection, it is so ordered. ministration continues to reject nu- unfairly charged. The amendment is as follows: clear power in every possible way. The need for a permanent waste re- (Purpose: To require the Secretary of Energy Yesterday, a House committee repository remains clear. In fact, a draft to establish an Energy Efficiency Loan leased the latest evidence detailing the subcommittee report from the Presi- Program under which the Secretary shall administration’s mishandling of the dent’s blue ribbon commission on nu- make funds available to States to support Yucca Mountain nuclear waste reposi- clear waste stated that ‘‘permanent financial assistance provided by qualified tory, providing further examples of financing entities for making qualified en- disposal of nuclear waste is needed ergy efficiency or renewable efficiency im- this administration’s blatantly polit- under all reasonably foreseeable sce- provements) ical decision to terminate the Yucca narios’’ and that ‘‘we do not believe At the end of the bill, add the following: Mountain project and close the facil- that new technology developments in SEC. ll. LOW-COST ENERGY EFFICIENCY ity. the next three to four decades will LOANS. I quote from the committee report: change the underlying need for a stor- (a) DEFINITIONS.—In this section: Despite the President’s continued asser- age strategy combining interim sites (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- tions that his nuclear waste management with progress toward a permanent fa- gible participant’’ means a homeowner who policy decisions would be driven by sound cility,’’ thereby completely refuting receives financial assistance from a qualified science, the administration has repeatedly financing entity to carry out energy effi- refused to provide a scientific or technical statements by the administration that ciency or renewable energy improvements to justification for its shutdown decision, in- technology and temporary storage an existing home or other residential build- stead simply stating that Yucca is not a sites are a sufficient replacement for ing of the homeowner listed under subsection workable option. permanent disposal. In fact, the admin- (d).

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(2) PROGRAM.—The term ‘‘program’’ means (B) incorporates an effective repayment ‘‘(1) IN GENERAL.—In the case of programs the Energy Efficiency Loan Program estab- mechanism, which may include— that finance the retrofitting of residential, lished under subsection (b). (i) on-utility-bill repayment; commercial, and industrial buildings, facili- (3) QUALIFIED FINANCING ENTITY.—The term (ii) tax assessment or other form of prop- ties, and equipment described in subsection ‘‘qualified financing entity’’ means a State, erty assessment financing; (a)(4), the Secretary may— political subdivision of a State, tribal gov- (iii) municipal service charges; ‘‘(A) offer loan guarantees for portfolios of ernment, electric utility, natural gas utility, (iv) energy or energy efficiency services debt obligations; and nonprofit or community-based organization, contracts; ‘‘(B) purchase or make commitments to energy service company, retailer, or any (v) energy efficiency power purchase agree- purchase portfolios of debt obligations. other qualified entity that— ments; ‘‘(2) TERM.—Notwithstanding section (A) meets the eligibility requirements of (vi) unsecured loans applying the under- 1702(f), the term of any debt obligation that this section; and writing requirements of the energy loan pro- receives credit support under this subsection (B) is designated by the Governor of a gram of the Federal National Mortgage Asso- shall require full repayment over a period State. ciation; or not to exceed the lesser of— (4) QUALIFIED LOAN PROGRAM MECHANISM.— (vii) alternative contractual repayment ‘‘(A) 30 years; and The term ‘‘qualified loan program mecha- mechanisms that have been demonstrated to ‘‘(B) the projected weighted average useful nism’’ means a loan program that is— have appropriate risk mitigation features; life of the measure or system financed by the (A) administered by a qualified financing and debt obligation or portfolio of debt obliga- entity; and (C) will provide, in a timely manner, all in- tions (as determined by the Secretary). (B) principally funded— formation regarding the administration of ‘‘(3) UNDERWRITING.—The Secretary may— (i) by funds provided by or overseen by a the program as the Secretary may require to ‘‘(A) delegate underwriting responsibility State; or permit the Secretary to meet the reporting for portfolios of debt obligations under this (ii) through the energy loan program of the requirements of subsection (i). subsection to financial institutions that Federal National Mortgage Association. (g) USE OF FUNDS.—Funds made available meet qualifications determined by the Sec- (5) SECRETARY.—The term ‘‘Secretary’’ to States under the program may be used to retary; and means the Secretary of Energy. support financing products offered by quali- ‘‘(B) determine an appropriate percentage (b) ESTABLISHMENT.—The Secretary shall fied financing entities to eligible partici- of loans in a portfolio to review in order to establish an Energy Efficiency Loan Pro- pants for eligible energy efficiency work, by confirm sound underwriting. gram under which the Secretary shall make providing— ‘‘(4) ADMINISTRATION.—Subsections (c) and funds available to States to support financial (1) interest rate reductions; (d)(3) of section 1702 and subsection (c) of assistance provided by qualified financing (2) loan loss reserves or other forms of this section shall not apply to loan guaran- entities for making qualified energy effi- credit enhancement; ciency or renewable efficiency improvements tees made under this subsection.’’. (3) revolving loan funds from which quali- (k) AUTHORIZATION OF APPROPRIATIONS.— listed under subsection (d). fied financing entities may offer direct (c) ELIGIBILITY OF QUALIFIED FINANCING EN- There are authorized to be appropriated to loans; or TITIES.—To be eligible to participate in the carry out this section and the amendments program, a qualified financing entity shall— (4) other debt instruments or financial made by this section such sums as are nec- (1) offer a financing product under which products necessary— essary. eligible participants may pay over time for (A) to maximize leverage provided through Mr. MERKLEY. Madam President, I the cost to the eligible participant (after all available funds; and (B) to support widespread deployment of yield the floor. applicable Federal, State, local, and other The PRESIDING OFFICER. The Sen- rebates or incentives are applied) of making energy efficiency finance programs. (h) USE OF REPAYMENT FUNDS.—In the case ator from Oklahoma. improvements listed under subsection (d); of a revolving loan fund established by a Mr. INHOFE. Madam President, I ask (2) require all financed improvements to be State described in subsection (g)(3), a quali- performed by contractors in a manner that unanimous consent that at the conclu- fied financing entity may use funds repaid by meets minimum standards established by the sion of the presentation by the junior eligible participants under the program to Secretary; and Senator from Oklahoma I be recog- provide financial assistance for additional el- (3) establish standard underwriting criteria nized as in morning business. igible participants to make improvements to determine the eligibility of program ap- listed under subsection (d) in a manner that The PRESIDING OFFICER. Is there plicants, which criteria shall be consistent is consistent with this section or other such objection? with— criteria as are prescribed by the State. Without objection, it is so ordered. (A) with respect to unsecured consumer (i) PROGRAM EVALUATION.—Not later than 1 The Senator from Oklahoma. loan programs, standard underwriting cri- year after the date of enactment of this Act, teria used under the energy loan program of AMENDMENT NO. 436 the Secretary shall submit to Congress a the Federal National Mortgage Association; Mr. COBURN. Madam President, I program evaluation that describes— or (1) how many eligible participants have ask unanimous consent that the pend- (B) with respect to secured loans or other participated in the program; ing amendment be set aside and I call forms of financial assistance, commercially (2) how many jobs have been created up amendment No. 436. recognized best practices applicable to the through the program, directly and indi- The PRESIDING OFFICER. Is there form of financial assistance being provided rectly; (as determined by the designated entity ad- objection? (3) what steps could be taken to promote ministering the program in the State). Without objection, the clerk will re- (d) QUALIFIED ENERGY EFFICIENCY OR RE- further deployment of energy efficiency and port. renewable energy retrofits; NEWABLE ENERGY IMPROVEMENTS.—Not later The assistant editor of the Daily Di- than 90 days after the date of enactment of (4) the quantity of verifiable energy sav- gest read as follows: this Act, the Secretary shall publish a list of ings, homeowner energy bill savings, and The Senator from Oklahoma [Mr. COBURN] energy efficiency or renewable energy im- other benefits of the program; and proposes an amendment numbered 436. provements to existing homes that qualify (5) the performance of the programs car- under the program. ried out by qualified financing entities under Mr. COBURN. Madam President, I (e) ALLOCATION.—In making funds avail- this section, including information on the ask unanimous consent that reading of able to States for each fiscal year under this rate of default and repayment. the amendment be dispensed with. section, the Secretary shall use the formula (j) CREDIT SUPPORT FOR FINANCING PRO- The PRESIDING OFFICER. Without GRAMS.—Section 1705 of the Energy Policy used to allocate funds to States to carry out objection, it is so ordered. State energy conservation plans established Act of 2005 (42 U.S.C. 16516) is amended— under part D of title III of the Energy Policy (1) in subsection (a), by adding at the end The amendment is as follows: and Conservation Act (42 U.S.C. 6321 et seq.). the following: Beginning on page 17, strike line 14 and all (f) QUALIFIED FINANCING ENTITIES.—Before ‘‘(4) Energy efficiency projects, including that follows through page 18, line 10, and in- making funds available to a State under this projects to retrofit residential, commercial, sert the following: section, the Secretary shall require the Gov- and industrial buildings, facilities, and (a) BRIGHTFIELDS DEMONSTRATION PRO- ernor of the State to provide to the Sec- equipment, including financing programs GRAM.—Section 218 of the Public Works and retary a letter of assurance that the State— that finance the retrofitting of residential, Economic Development Act of 1965 (42 U.S.C. (1) has 1 or more qualified financing enti- commercial, and industrial buildings, facili- 3154d) is repealed. ties that meet the requirements of this sec- ties, and equipment.’’. (b) TERMINATION OF GLOBAL CLIMATE tion; (2) by redesignating subsection (e) as sub- CHANGE MITIGATION INCENTIVE FUND.—Not (2) has established a qualified loan pro- section (f); and later than 30 days after the date of enact- gram mechanism that— (3) by inserting after subsection (d) the fol- ment of this Act, the Secretary of Commerce (A) includes a methodology to ensure cred- lowing: shall terminate the Global Climate Change ible energy savings or renewable energy gen- ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO- Mitigation Incentive Fund of the Depart- eration; GRAMS.— ment of Commerce.

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AMENDMENT NO. 436, AS MODIFIED (b) REPEAL OF VEETC.— ‘‘After such date ...... zero zero’’. Mr. COBURN. Madam President, as a (1) ELIMINATION OF EXCISE TAX CREDIT OR matter of right, I ask that my amend- PAYMENT.— (A) Section 6426(b)(6) of the Internal Rev- (3) REPEAL OF DEADWOOD.— ment be modified with the changes I enue Code of 1986 is amended by striking (A) Section 40(h) of the Internal Revenue now send to the desk. Further, I make ‘‘December 31, 2011’’ and inserting ‘‘the later Code of 1986 is amended by striking para- the point that I retain my right to the of June 30, 2011, or the date of the enactment graph (3). floor after the modification is made of the Ethanol Subsidy and Tariff Repeal under the precedents of the Senate. Act)’’. (B) Section 6426(b)(2) of such Code is The PRESIDING OFFICER. The Sen- (B) Section 6427(e)(6)(A) of such Code is amended by striking subparagraph (C). ator has the right to modify the amended by striking ‘‘December 31, 2011’’ and (4) EFFECTIVE DATE.—The amendments amendment. inserting ‘‘the later of June 30, 2011, or the made by this subsection shall apply to any The amendment, as modified, is as date of the enactment the Ethanol Subsidy sale, use, or removal for any period after the and Tariff Repeal Act’’. follows: later of June 30, 2011, or the date of the en- (2) ELIMINATION OF INCOME TAX CREDIT.— (Purpose: To repeal the Volumetric Ethanol The table contained in section 40(h)(2) of the actment of the Act. Excise Tax Credit) Internal Revenue Code of 1986 is amended— (c) REMOVAL OF TARIFFS ON ETHANOL.— At the end, add the following: (A) by striking ‘‘2011’’ and inserting ‘‘the (1) DUTY-FREE TREATMENT.—Chapter 98 of SEC. lll. REPEAL OF VEETC. later of June 30, 2011, or the date of the en- (a) SHORT TITLE.—This section may be actment of the Ethanol Subsidy and Tariff the Harmonized Tariff Schedule of the cited as the ‘‘Ethanol Subsidy and Tariff Re- Repeal Act’’, and United States is amended by adding at the peal Act’’. (B) by adding at the end the following: end the following new subchapter: ‘‘Subchapter XXIII Alternative Fuels

Rates of Duty Heading/Subheading Article Description 1 2 General Special

9823.01.01 Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%’’.

(2) CONFORMING AMENDMENTS.—Subchapter Mr. COBURN. Madam President, I and Reconciliation Act of 2005 is repealed I of chapter 99 of the Harmonized Tariff ask my colleague, my senior Senator and the Internal Revenue Code of 1986 shall Schedule of the United States is amended— from Oklahoma—who I do not think is be applied as if such amendment had never (A) by striking heading 9901.00.50; and been enacted. (B) by striking U.S. notes 2 and 3. on the floor right now—to allow time (b) RESCISSION OF UNSPENT FEDERAL FUNDS (3) EFFECTIVE DATE.—The amendments for Senator BROWN to bring up an TO OFFSET LOSS IN REVENUES.— made by this subsection apply to goods en- amendment. (1) IN GENERAL.—Notwithstanding any tered, or withdrawn from warehouse for con- I yield to him at this time. other provision of law, of all available unob- sumption, on or after the later of June 30, The PRESIDING OFFICER. The Sen- ligated funds, $39,000,000,000 in appropriated 2011, or the date of the enactment of this ator from Massachusetts is recognized. Act. discretionary funds are hereby permanently Mr. BROWN of Massachusetts. rescinded. CLOTURE MOTION Madam President, I thank the Senator (2) IMPLEMENTATION.—The Director of the Mr. COBURN. Madam President, I who spoke before me. Office of Management and Budget shall de- now send a cloture motion to the desk AMENDMENT NO. 405 termine and identify from which appropria- on the pending amendment. Madam President, I ask unanimous tion accounts the rescission under paragraph The PRESIDING OFFICER. The clo- consent that the pending amendment (1) shall apply and the amount of such rescis- ture motion having been presented sion that shall apply to each such account. be set aside in order to call up amend- under rule XXII, the Chair directs the Not later than 60 days after the date of the ment No. 405. clerk to read the motion. enactment of this Act, the Director of the The PRESIDING OFFICER. Is there The assistant legislative clerk read Office of Management and Budget shall sub- as follows: objection? mit a report to the Secretary of the Treas- Without objection, it is so ordered. ury and Congress of the accounts and CLOTURE MOTION The clerk will report. amounts determined and identified for re- We, the undersigned Senators, in accord- The assistant editor of the Daily Di- scission under the preceding sentence. ance with the provisions of rule XXII of the gest read as follows: (3) EXCEPTION.—This subsection shall not Standing Rules of the Senate, hereby move The Senator from Massachusetts [Mr. apply to the unobligated funds of the Depart- to bring to a close debate on the pending ment of Defense or the Department of Vet- amendment No. 436, as modified, to S. 782. BROWN], for himself and Ms. SNOWE, proposes an amendment numbered 405. erans Affairs. Mr. COBURN. I ask unanimous con- Mr. BROWN of Massachusetts. Mr. BROWN of Massachusetts. Thank sent that reading of the names be you, Madam President. waived. Madam President, I ask unanimous Mr. MERKLEY. I object. consent that reading of the amendment The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec- be dispensed with. ator from Oklahoma. The PRESIDING OFFICER. Without tion is heard. AMENDMENT NO. 436, AS MODIFIED objection, it is so ordered. The assistant legislative clerk read Mr. COBURN. Madam President, I as follows: The amendment is as follows: (Purpose: To repeal the imposition of with- want to discuss for a minute the modi- Tom Coburn, Jim DeMint, John McCain, holding on certain payments made to ven- fication to my amendment. Richard Burr, David Vitter, Kelly dors by government entities, and for other Corn prices today are at their highest Ayotte, Scott P. Brown, James E. purposes) Risch, James M. Inhofe, Bob Corker, level since 1974. Corn supply is at its Michael B. Enzi, Johnny Isakson, John At the end, add the following: lowest level since 1974. We have tre- Barrasso, Lamar Alexander, John SEC. lll. REPEAL OF IMPOSITION OF WITH- mendous problems with food inflation Cornyn, Jeff Sessions. HOLDING ON CERTAIN PAYMENTS in this country. What we put forward MADE TO VENDORS BY GOVERN- Mr. COBURN addressed the Chair. MENT ENTITIES. this afternoon is a modification to the The PRESIDING OFFICER. The Sen- (a) IN GENERAL.—The amendment made by blending tax credit, as well as the im- ator from Oklahoma has the floor. section 511 of the Tax Increase Prevention port tax fee on ethanol, and we look

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3663 forward to that debate as we go for- very significant. It is somewhat simi- What is wrong with this? A lot of ward. lar, I think, to the amendment offered people are out there saying: INHOFE, The Federal Government now spends by the senior Senator from Maine. you have been wrong all this time. $6 billion a year paying over 40 cents a What it has to do with is these various Since you are wrong on the—you may gallon to have ethanol blended, which regulations, and actually most of these be wrong or what if you are wrong. My is already mandated by law that they are coming from the Environmental response is this: We have a very fine have to blend it anyway. So this, in es- Protection Agency. Administrator of the Environmental sence, will save $3 billion this year for One of the serious problems we have Protection Agency, Lisa Jackson. I can the Federal Government. in the committee on which I am the remember talking to her about what No. 2 is, it will take significant pres- ranking member, the Environment and would happen if we were to pass any of sure off corn prices, which will lower Public Works Committee—that is these bills where we are going back to food prices both here and abroad. chaired by Senator BOXER from Cali- maybe the Warner-Lieberman bill or With that, I yield to the Senator fornia—we have oversight over the En- Waxman-Markey bill or even by regu- from Oklahoma, who wishes to speak vironmental Protection Agency, and lations, cap and trade, the costs would as in morning business. we have been watching what has been be excessive. The PRESIDING OFFICER. The Sen- happening in the last several months. However, my question to her was: If ator from Oklahoma. Many of the things they have been try- we were successful in doing this, would Mr. INHOFE. Madam President, I ask ing to get through, they have been un- this reduce the greenhouse gases? The unanimous consent to set aside the able to get through legislation here on answer was no. The reason it would not pending amendment for consideration the floor of this Senate, so they are is because it only applies to the United of the following three amendments: trying to do the very things they are States of America. So if we were going Nos. 429, 430, and 438. unable to get done through legislation to pass a tax increase on every tax-pay- Mr. MERKLEY. Madam President, I by regulation. And these are very ex- ing family in my State of Oklahoma of reserve the right to object. pensive. $3,000 a year, and they admit we are I ask the Senator if he can hold off Right now, we have a problem with not going to get anything for it, then for a moment. We wish to consult with our economy. We have overregulation we need to stop them from doing that. the chairwoman. that is killing a lot of the businesses I could do the same thing about the Mr. INHOFE. All right. While I am that are out there. What I am trying to ozone, the National Ambient Air Qual- holding off, it is my understanding do is an amendment—and that is what ity Standards. That would be $676.8 bil- that some of the rest of them are get- amendment No. 438 is—to get it into lion lost in GDP by 2020; the boiler MACT rules and regulations, some $1 ting in the queue, and I am trying to the RECORD. The bill sets up a com- get these three in with the same treat- mittee to assess the effects of the billion lost in GDP; utility MACT, $184 billion in compliance costs. That is ment that has been afforded those be- EPA’s regulatory mandates, including just between the years of 2011 and 2030; fore me. key provisions of the Clean Air Act, the Clean Water Act, and the Solid the cement MACT, some $3.5 billion. AMENDMENTS NOS. 430 AND 438 I am saying this because we need to Waste Disposal Act. This would include Madam President, I amend my pre- have our eyes open and tell the Amer- greenhouse gas regulations, Boiler vious request and ask unanimous con- ican people what the cost is of all these MACT, Utility MACT, ozone and par- sent to set the pending amendment things. This will be done by this ticulate matter standards, coal ash dis- aside for the consideration of two of amendment, No. 438, and we will hope- posal, and water discharge require- the amendments, Nos. 430 and 438. fully be able to get a vote on that. The PRESIDING OFFICER. Is there ments. The assessment includes an evalua- COTE D’IVOIRE objection? Madam President, I am going to take Without objection, the clerk will re- tion of the cumulative effects of the EPA’s mandates on employment, eco- a little time on something else that port. has to be said, and that is what I have nomic development, and this type of The assistant editor of the Daily Di- been on the floor six times already gest read as follows: thing. It does not otherwise modify or affect talking about. The only reason I am The Senator from Oklahoma [Mr. INHOFE] the statute. The reason I wish to have continuing to do this is because some- proposes an amendment numbered 430. this in here is we have now quantified how the State Department, the French, Mr. INHOFE. Madam President, I ask what it is costing the American people the United Nations, and all of them unanimous consent that reading of the in terms of employment, in terms of seem to be laboring under this mis- conception that I will go away and I amendment be dispensed with. dollars, and just—greenhouse gas, for will not talk about it anymore. The PRESIDING OFFICER. Without example. We know that the costs, if I am not going to go away. I am objection, it is so ordered. they do anything like the cap and The amendment is as follows: going to keep talking about it. The trade that they have tried to do problem we have right now started (Purpose: To reduce amounts authorized to through legislation—and that is ex- be appropriated) some time ago. I will share with you actly what they are attempting to do some of the new developments today. On page 27, line 6, strike ‘‘$500,000,000’’ and right now through regulations at the insert ‘‘$300,000,000’’. We are talking about the rigged elec- EPA—are somewhere between $300 and tion that took place in Cote d’Ivoire The assistant editor of the Daily Di- $400 billion of loss in GDP per year. and the fact that someone whose name gest read as follows: That is every year. is Alassane Ouattara—we have dem- The Senator from Oklahoma [Mr. INHOFE], You can call that a tax increase if onstrated very clearly—won the elec- for himself, Mr. BLUNT, Mr. JOHANNS, and you want to because that is exactly tion by fraudulent means. Mr. COCHRAN, proposes an amendment num- what it is, the same as a loss in GDP. The President of that country is bered 438. In my case, in Oklahoma, because it is Laurent Gbagbo. He has been President Mr. INHOFE. Madam President, I ask confusing when we—and this adminis- now for a number of years. His wife, unanimous consent that reading of the tration has been talking about hun- Simone Gbagbo, has been a gracious amendment be dispensed with. dreds of billions and trillions of dol- and great First Lady. The PRESIDING OFFICER. Without lars. Nobody truly has a handle on What I wish to do—this is the sev- objection, it is so ordered. what it costs. enth time I have been on the floor talk- (The amendment is printed in today’s I keep track as to how many families ing about this—is give you the latest RECORD under ‘‘Text of Amendments.’’) file tax returns. In my State of Okla- on this grave situation in Cote d’Ivoire. Mr. INHOFE. Madam President, I ask homa, if you take the number of fami- I can only say it continues to be a tar- by unanimous consent that I be allies who file tax returns and divide it geted genocide against supporters and lowed to speak as in morning business, and do the math, that would be some- perceived supporters of the deposed which I know the Chair will honor. where around a little over $3,000 per President of Laurent Gbagbo. However, I want to mention one of family if we were to pass a cap-and- This will be, as I said, my seventh these two amendments. I think it is trade regulation. time speaking about this on the floor.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3664 CONGRESSIONAL RECORD — SENATE June 9, 2011 The last time we talked about it was Attacks against villages inhabited by peo- Gbagbo militia . . . and the majority of doc- on April 4. When we first started talk- ple belonging to ethnic groups considered umented abuses occurred in the longtime ing about this, we were hoping we supporters of Gbagbo— pro-Gbagbo stronghold of Yopougon. would be able to stop this, the State The legitimate President— That is the town in that stronghold Department and others from going continued in the first weeks of May. . . . Be- in the south part of the—you have to along with what is going on now in tween 6 and 8 May several villages were keep in mind Ouattara’s forces came Cote d’Ivoire. I know it is complicated. burned and dozens killed. Ouattara’s repub- from the Muslim area up north. lican forces justified these acts by saying Most killings were point-blank execu- A lot of people do not remember the they were looking for arms and Liberian tions— genocide in Rwanda of 1994. Now we mercenaries. look back and say what a horrible They went on to describe this. There You are seeing a point-blank execu- event that was. Sure, it was horrible. is an article in Guardian magazine that tion. That is what it looks like right But right now what is going on in the talked about this. This, again, was a there, the gun to the head. streets of Abidjan in Cote d’Ivoire is little over 2 weeks ago. They said ‘‘an Most killings were point-blank executions something that has to be raised to the Amnesty delegation spent 2 months in of youth from ethnic groups generally surface in front of the American peo- Ivory Coast, gathering more than 100 aligned with Gbagbo, in what appeared to be ple. I have new information that proves collective punishment for these groups’ par- witness statements from people who ticipation in Gbagbo’s militias. what I have been saying for the last 7 survived the massacre in Duekoue. weeks, that the rebel leader Alassane One man described how Republican Forces ...’’ soldiers killed his 21-year-old brother: ‘‘Two Ouattara is still carrying out death That is what this actually is in that of them grabbed his legs, another two held squads, killing people in the streets of small town of Duekoue and the neigh- his arms behind him, and a fifth one held his Abidjan in Cote d’Ivoire. There they boring villages on March 29. head,’’ he said. ‘‘Then a guy pulled out a are. That is a death squad. These are All the statements indicated a systematic knife and slit my brother’s throat. He was the people who are murdering and tor- and targeted series of killings committed by screaming. I saw his legs shaking after turing people in Abidjan as we speak. the uniformed republican forces [loyal to they’d slit his throat, the blood streaming I bet there are not a handful of peo- Ouattara], who executed hundreds of men on down. As they were doing it, they said they ple who even know where Abidjan is. political and ethnic grounds. had to eliminate all of the [Young] Patriots Before killing them, they asked their vic- that had caused all the problems in the coun- But this is the city, the capital of Cote try.’’ d’Ivoire, a beautiful country. These tims to give their names, show identity cards. . . . Some of these cards were found During the raid in Abidjan, the people, coming in from the north, beside the bodies. forces, the UN forces, the French and under this Alassane Ouattara, are in A woman who lived in Duekoue told re- Ouattara, they went in—and it happens there today. I do not know how many searchers: ‘‘They came into the yards and that the seated President, President hundreds of people they are murdering chased the women. Then they told the men Gbagbo, had not a lot of armaments, just today, but they are doing it and to line up and asked them to state their first but he had a whole lot of young people. they are torturing and they are raping. and second names and show their identity cards. They then executed them. I was They were armed not with weapons but Before I tell you the most recent in- present— with baseball bats, with wooden clubs, formation that came out from Human and they surrounded the palace to try Rights Watch, I wish to remind you of Quoting a woman who was watching to protect him, knowing they would what I said back on the May 27. That her husband— kill their President. This is where they was when Amnesty International re- while they sorted out the men. Three young men, one of whom was about 15, were shot to are today. These are the young kids. ported that a manhunt—I am quoting death in front of me.’’ That is in a gas station up here. They now from Amnesty International—they Amnesty’s report also accuses the UN mis- are all lined up there. They are exe- reported that ‘‘a manhunt’’—what I sion, which has a base less than a mile from cuting some of them, starving, beating said right here from this podium. ‘‘A Duekoue, of fatal inertia. the rest of them. But look at that. manhunt was launched against Gbagbo ‘‘Fatal inertia,’’ means they did There are the pictures of what is going loyalists in Abidjan and several senior nothing. They let this go on. We are on. officials close to him were beaten in talking about the United Nations. These young patriots were young the hours after his arrest.’’ People around here—there are a lot supporters to President Gbagbo, who That was 2 weeks ago. I am further of liberals in this body who do not surrounded his palace in a human quoting now from Amnesty Inter- think that anything is worthwhile un- chain, armed with just sticks and bats national. ‘‘In the west of the country, less it comes from some big body such against the UN and French attack heli- thousands of people who fled their as the United Nations. That is what is copters, which were bombing Gbagbo’s homes are still living in the forest, too happening right now. So I wish to go residence, now being searched out by frightened to return.’’ ahead—I know there is someone else on Ouattara’s forces for torture and death. Look at this. There are the burned, the floor who wants to speak, but I just The report goes on. This report came charred bodies of people who have been want to be sure we are informed that out today. tortured to death. This just happened. what was going on then—what I talked This is going on today, right now. Here about 2 weeks ago—is still happening Another woman who witnessed the killing of 18 youths . . . was brutally raped by a Re- is a man who was severely beaten. He today. publican Forces soldier after being forced to died right after that. Here is a small What happened today? The newly re- load their vehicles with pillaged goods. On child who was put to death in the same leased report by Human Rights Watch May 23, an elderly man in the same neigh- way. Here they are in the middle of states—this is a different group from borhood saw Republican Forces execute his executions. That is going on right now. Amnesty International and this came son, whom they accused of being a member Gaetan Mootoo, who is Amnesty out today: of the pro-Gbagbo militia. International’s west Africa researcher, Armed forces loyal to President Alassane Another witness described seeing the Re- said: Ouattara have killed at least 149 real or per- publican Forces slit the throat of a youth in front of his father after finding an AK–47 and Human rights violations are still being ceived supporters of the former President Laurent Gbagbo since taking control of the grenade in his bedroom during a 4 a.m. committed against real or perceived sup- house-to-house search. The witness was porters of Laurent Gbagbo. Alassane commercial capital of Abidjan in mid-April, 2011. stripped and forced to hand over his laptop Ouattara’s failure to condemn these acts can computer, cell phones, and money. be seen as a green light by many of his secu- The report goes on to describe the rity forces, and other armed elements fight- gruesome details, barbaric episodes of And was murdered. ing with them, to continue. Ouattara must torture and the deaths at the hands of Human Rights Watch documented similar publicly state that all violence against the the Ouattara forces. This is happening pillaging of scores of houses in Abidjan. civilian population must stop immediately. today—right now. Here are a few exam- By the way, I personally talked to That is what the mandate was 2 ples. This is from Human Rights these people in Abidjan who witnessed weeks ago. That is what they were sup- Watch. this going on. posed to do 2 weeks ago. They went on Ouattara’s Forces . . . sealed off and The witness, like many others interviewed to say from Amnesty International: searched areas formerly controlled by pro- by Human Rights Watch, wanted to flee

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3665 Abidjan to his family village, but had no Haiti with ‘‘Baby Doc’’ Duvalier. I Secretary of Housing and Urban Develop- money for transportation since the Repub- know people are tired of hearing me ment shall identify census tracts that meet lican Forces had taken everything. talk about Cote d’Ivoire. the requirements of section 42(d)(5)(B)(ii) of Human Rights Watch says it documented I had a pleasant experience yester- the Internal Revenue Code of 1986 (deter- 54 extrajudicial executions at detention mined without regard to Secretarial designa- sites, including police stations and the day. I met the nominee for the Under tion) and shall deem such census tracts to be GESCO oil— Secretary of State for Political Affairs, qualified census tracts (as defined in such That is the station we just now saw. Bill Burns. I had a chance to visit with section) solely for purposes of determining Those were the executions of the young him about this and other problems. I which areas qualify as HUBZones under sec- kids taking place. found him to be very receptive. I am tion 3(p)(1)(A) of the Small Business Act (15 U.S.C. 632(p)(1)(A)). In addition to the killings— convinced he embodies the high tradi- tions of the foreign service—selfless, (b) EFFECTIVE DATE.—The Administrator of I am reading now— nonpartisan diplomatic service. He in- the Small Business Administration shall designate a date that is not later than 3 months Human Rights Watch interviewed young dicated to me he will follow through men who had been detained by the Repub- after the date on which the Secretary of lican Forces . . . and arrested for no other with my requests of the State Depart- Housing and Urban Development identifies apparent reason than their age and ethnic ment regarding the health and well- qualified census tracts under subsection (a) group. Nearly every former detainee de- being of the Gbagbos. I appreciate that. as the effective date for areas that qualify as scribed being struck repeatedly with guns, I will finish by letting you see a HUBZones under section 3(p)(1)(A) of the belts, rope, and fists . . . for alleged partici- photo of the two Gbagbos. Here is the Small Business Act (15 U.S.C. 632(p)(1)(A)). pation in the Young Patriots. President, Laurent Gbagbo, who I be- (c) RULE OF CONSTRUCTION.—Nothing in Those were the young people sur- lieve should be the legitimate Presi- this section may be construed to affect— dent of Cote d’Ivoire. The first photo (1) the date on which a census tract is des- rounding the palace. ignated as a qualified census tract for pur- Several described torture, including forc- was a happy guy I knew. This next poses of section 42 of the Internal Revenue ibly removing teeth from one victim and photo was him right after they took Code of 1986; or placing a burning hot knife on another vic- him. This side of his face is bashed in. (2) the method used by the Secretary of tim, then cutting him. His wife is a beautiful lady, Simone. Housing and Urban Development to des- Human Rights Watch reports ‘‘wit- Here is a picture of her. I have known ignate census tracts as qualified census nesses consistently identified the kill- her for over 15 years. She is a gracious tracts in a year in which the Secretary of ers and abusers as the Republican lady and everybody loves her. After Housing and Urban Development receives no Forces’’ of Ouattara, and they were Alassane Ouattara took her, here is data from the Census Bureau relating to census tract boundaries. ‘‘overseen’’ by Ouattara and Soros. what she looked like. They ripped her Soros is a general of Ouattara. He is hair out by the roots and went dancing Mr. MERKLEY. I yield the floor. the one who is responsible for going up and down the streets of Abidjan The PRESIDING OFFICER. The Sen- into Duekoue. That is where they mur- with the hair. You have to use your ator from Arizona. dered all the people. The Soros they imagination. AMENDMENT NO. 441 TO AMENDMENT NO. 436, AS speak of is the one who was responsible This is what is going on today in MODIFIED for that under the supervision and di- Cote d’Ivoire. There they are, the death Mr. MCCAIN. Madam President, I call rection of Ouattara. squad, and there is the First Lady, for the regular order on amendment So the Human Rights Report calls on Simone. No. 436, as modified, and send a second- Ouattara ‘‘to immediately ensure the The last thing is that I hope some- degree amendment to the desk. humane treatment of anyone detained’’ body in the State Department cares The PRESIDING OFFICER. The Sen- by his forces. This is something I have enough to intervene and allow that ator has the right to call for the reg- been demanding for 7 weeks. I hope party to go into exile. There is already ular order. now this report is going to draw atten- an operation for that. Almost every The clerk will report. tion so at least the State Department President of every African country who The bill clerk read as follows: knows what is going on because our called me is in agreement to what we The Senator from Arizona [Mr. MCCAIN] State Department is going along with are trying to do. proposes an amendment numbered 441 to all of this. They had an opportunity to I yield the floor. amendment No. 436, as modified. voice their opinions and come up with AMENDMENT NO. 427 Mr. MCCAIN. I ask unanimous con- a solution. The solution is to offer am- Mr. MERKLEY. Madam President, I sent that reading of the amendment be nesty or to send him to a country ask unanimous consent to set aside the dispensed with. where he will be able to live. pending amendment, and I call up The PRESIDING OFFICER. Without I have been very critical of the State amendment No. 427. objection, it is so ordered. Department’s handling of the situation The PRESIDING OFFICER (Ms. The amendment is as follows: in Cote d’Ivoire. I sent them evidence KLOBUCHAR). Is there objection? With- (Purpose: To prohibit the use of Federal months ago that showed Alassane out objection, it is so ordered. funds to construct ethanol blender pumps Ouattara engaged in massive election The clerk will report. or ethanol storage facilities) fraud during last year’s Presidential The assistant legislative clerk read At the appropriate place, insert the fol- election. I called for an election and as follows: lowing: then a new election. Of course, it was The Senator from Oregon [Mr. MERKLEY] SEC. ll. PROHIBITION ON USE OF FEDERAL met with deaf ears. I called on the proposes an amendment numbered 427. FUNDS TO CONSTRUCT ETHANOL State Department to inquire as to the BLENDER PUMPS OR ETHANOL Mr. MERKLEY. Madam President, I STORAGE FACILITIES. health and safety of President Gbagbo ask unanimous consent that reading of Effective beginning on the date of enact- and his wife Simone. To date, we have the amendment be dispensed with. ment of this Act, no funds made available by heard nothing. The PRESIDING OFFICER. Without Federal law (including funds in any trust Last year, I urged the State Depart- objection, it is so ordered. fund to which funds are made by Federal ment to use its power and influence The amendment is as follows: law) shall be expended for the construction of an ethanol blender pump or an ethanol and allow the reconciliation process in (Purpose: To make a technical correction to storage facility. Cote d’Ivoire by allowing Gbagbo to go the HUBZone designation process) into exile. I pointed out that at least At the end, add the following: Mr. MCCAIN. Madam President, I half of the population of Cote d’Ivoire SEC. ll. IDENTIFICATION OF QUALIFIED CEN- thank my friend from Illinois for al- supports Gbagbo. I acknowledged one SUS TRACTS BY THE SECRETARY OF lowing me to do that. I appreciate it African leader who is willing to accept HOUSING AND URBAN DEVELOP- and yield the floor. Gbagbo in his country—a Sub-Saharan MENT. Ms. MIKULSKI. Madam President, (a) DESIGNATION OF QUALIFIED CENSUS African country. The State Depart- yesterday I voted for the Tester TRACTS.—Not later than 2 weeks after the ment has been aware of this for over a date on which the Secretary of Housing and amendment on debit card interchange month. Urban Development receives from the Census fees. This amendment would give the I strongly suggest that is a solution. Bureau the data obtained from each decen- Federal Reserve more time to study It has been done before. It was done in nial census relating to census tracts, the the impact of proposed debit card fee

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3666 CONGRESSIONAL RECORD — SENATE June 9, 2011 regulations on consumers and the com- was there so people didn’t lose their them—are not harmed by the unin- munity banks and credit unions that homes. They refused to foreclose on tended consequences of these regula- serve them. homes and businesses. If you paid a tions. I vigorously support the intent of the nickel a week on your mortgage, you That is why I voted for the Tester original Durbin amendment, and I were considered current. amendment: to give the Federal Re- thank Senator DURBIN for working to Later, in the heart of the African- serve the additional time it needs to fi- bring an end to the gouging and the American community in Baltimore, nalize its regulations so that con- profiteering at the largest banks. when there was no access to credit, sumers, community banks, and credit My No. 1 priority is consumers. I community members would be targeted unions are protected. have always made sure I was on the by Happy Harry. And why was Harry side of consumers and Main Street and happy? Because he charged 18 to 20 per- Ms. SNOWE. Madam President, I rise against unfair and abusive practices on cent interest for a loan and knew his today to discuss a bipartisan amend- Wall Street. I have a deep suspicion of customers had nowhere else to turn. ment I have filed to S. 782, the Eco- how big banks treat the little people So I worked with the Parish Council nomic Development Revitalization Act and what they do with the little peo- at St. Gregory’s Church to establish a of 2011. This amendment, the Small ple’s money. credit union so that there would be ac- Business Contracting Fraud Prevention I voted for the original Durbin cess and to end the scamming, the Act of 2011, is cosponsored by Senators amendment during the debate over the scheming, and the gouging. MCCASKILL, GRASSLEY, HAGAN, COL- Wall Street reform bill because some- As a Senator, I continued these LINS, MERKLEY, and ENZI. thing had to be done to rein in these fights. When I heard that innocent peo- In the past year, the Government Ac- hidden fees that kept rising and ris- ple in Maryland and across the country countability Office, GAO, has identi- ing—and getting passed on to con- were being gouged and ripped off, I fied vulnerabilities and abuses in vir- sumers. The amendment included an vowed to stop it. I helped create a flip- tually all of the SBA’s contracting pro- exemption for banks with less than $10 ping task force in Baltimore that was grams, including the 8(a) Business De- billion in assets to ensure that only the to be a model for the Nation. velopment Program, the Historically largest banks would be affected. In 2003, after hearing that the Fair- Underutilized Business Zone, Since then, the community banks banks Capital Corporation was threat- HUBZone, program, and the Service- and credit unions in my State tell me ening a number of Marylanders with Disabled Veteran-Owned small busi- that they are afraid that the current foreclosure, I called for a Federal in- ness, SDVOSB, program. Our amend- $10 billion exemption for debit card vestigation of Fairbanks. The company ment attempts to remedy the spate of issuers will not protect them and that paid $40 million into a restitution fund illegitimate firms siphoning away con- they will be forced to stop services, so victims could get their money back tracts from the rightful businesses try- charge consumers new fees, or risk the and innocent homeowners could get stability of their institution if they are their good name back. ing to compete within the SBA’s con- not adequately protected from the And in 2009, I put funding in the Fed- tracting programs. debit card fee limit. I take these con- eral checkbook to help the FBI inves- As ranking member of the Senate cerns very seriously. tigate mortgage fraud so that they can Committee on Small Business and En- In this fragile economy, we have to have the resources to help stop the trepreneurship, I take very seriously be very careful about the stability of scamming, the scheming, and the our responsibility of vigorous over- our community banks and our credit gouging. sight. That is why, last December, Sen- unions. Often, they are the only ones I said during the debate over the Wall ator LANDRIEU and I sent a letter to lending to our neighbors and small Street reform bill that we had gotten the SBA highlighting the recent press businesses. And making sure that into a financial situation where we headlines and GAO reports of fraud and Americans in the middle class are not bailed out the big banks. We bailed out abuse that have plagued the agency’s denied access to these institutions is the whales, we bailed out the sharks, contracting programs. That letter stat- consumer protection, too. and we had left the people in the com- ed unequivocally that our committee’s After careful consideration, I am vot- munity, the little minnows, to swim first priority this Congress is ensuring ing for Senator TESTER’s amendment. I upstream and be on their own. that all of the SBA’s contracting pro- want to ensure that consumers are not When I traveled around my State grams are running efficiently, effec- hurt by unintended consequences of that summer, in diners and dry clean- tively, and free of exploitation. Adopt- well-intentioned regulations. That is ers, I heard anger and frustration in ing this critical small business legisla- why I call for more study. It is the pru- people’s voices. They watched Wall tion is an effective first step at ensur- dent thing to do. But I recognize that Street mortgage brokers profit off irre- ing all small businesses are competing delay can be a tool to derail, and my sponsible lending while their husbands fairly and honestly within the Federal intent is not to derail. We must be pru- work an extra shift to make sure they marketplace. dent, but we also must be prompt. Let could make the monthly mortgage pay- me be clear, I will not let this drag on ment. And they watched big firms take The SBA has begun to take positive indefinitely. If, at the end of 12 very risky gambles with their money steps to address issues of fraud, but re- months, this issue is not resolved—I without any regulation. ports continue to surface showing addi- will urge the Fed to act quickly and We need to put government back on tional tools are needed. As recently as support legislation to force action. the side of the middle class. The banks Saturday, March 12, the Washington I have a long history on this issue. got their bailout; how about we make Post, as part of an ongoing investiga- My family has fought for generations sure we protect the middle class tion, published an article titled, ‘‘D.C. to protect consumers and expand ac- against fraud, duplicity, and gouging? insiders can reap fortunes from federal cess to credit. But we don’t just need effective regu- programs for small businesses.’’ This Before the stock market crash in lations to keep Wall Street in line. We article states ‘‘Government officials 1929, when banks in downtown Balti- need to make sure our community were not monitoring contracts for com- more wouldn’t lend to people who they banks and credit unions—the institu- pliance with rules.’’ The report exposes regarded as on the wrong side of the tions where Marylanders have savings a glaring deficiency in contract over- tracks, my grandfather, along with accounts and where the teller knows sight. Moreover, an SBA spokesperson small businesses in the area, got to- their name and their family—are not is quoted as saying the SBA ‘‘long ago gether to start a savings and loan to swallowed up by the sharks and the transferred that authority to the Pen- serve the community. They lent to whales on Wall Street. tagon and other agencies.’’ This hands- small businesses that didn’t have ac- I want to see that consumers are off attitude is unacceptable, and as I cess to credit and they lent to women treated fairly in the debit card market- told the SBA Deputy Administrator at when no one else would. place. I want to be sure that the good a recent Small Business Committee When the tough times came in the guy community banks and credit hearing, the ultimate authority for Great Depression this savings and loan unions—and the customers who rely on monitoring fraud lies with the SBA.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3667 This amendment contains rec- inherited many of my good habits from more call she thinks might help. Just ommendations both from the SBA in- him. last week she helped someone in my spector general and the GAO for com- I also inherited something else. I in- State collect $31,000 in disability pay- bating these reports of fraud and ad- herited one of his biggest fans and ments that had been incorrectly denied dresses vulnerabilities in the Service- hardest workers, who came on my them. Disabled Veteran-Owned small business staff. Her name is Betty Hamilton. She Like most people who grew up in St. program, the HUBZone program, and first had her brush with public service Louis, Betty is a die-hard St. Louis the 8(a) program. Additionally, the bill in 1984 when she volunteered to work Cardinals baseball fan. So she knows will work to change the culture at SBA on the Senate campaign of Paul Simon. what I mean when I say I consider to make the process of suspensions and Paul had a way of bringing out the best Betty Hamilton the Stan Musial of debarments more transparent. in people and bringing the best people casework. Like Stan the Man, who In order to effectively execute the into politics. Betty sure fit the bill. played for the Cardinals for 22 years, small business contracting programs, In that first campaign, Betty used to she has worked for me for two decades. the SBA needs a comprehensive frame- pull her two toddlers, Will and Ben, in Like him, she is a modest person, and work to provide effective certification, a little wagon as she walked door-to- like Stan Musial, Betty has compiled a continued surveillance and monitoring, door in her neighborhood, knocking on long and consistent record of success and robust enforcement throughout the doors and dropping campaign literature that is likely to remain unbroken for a SBA’s contracting portfolio. This bill for Paul Simon. She was part of an very long time. aims to increase criminal prosecutions army of volunteers who helped Paul Betty didn’t take to government ini- as well as suspension and debarments score an upset victory in a very tough tially. She has a master’s degree in for businesses found to have attained year, politically. Later, she signed on horticulture. Four years ago, she and contracts through fraudulent means, as volunteer coordinator and office her husband John, then retired from and requires the SBA to submit a re- manager for Paul Simon’s reelection the State of Illinois, decided they port to Congress annually detailing the campaign. would buy a farm near Springfield specific data on all suspensions, After that election, Betty joined my where they could raise produce—some debarments, and cases referred to the staff when I was still in the House of of the best green beans and tomatoes Department of Justice for criminal Representatives. She has been with me you ever tasted. You could find them prosecutions. ever since. at the Springfield Farmers’ Market My amendment provides the SBA Betty works in casework. It sounds downtown on Wednesdays and Satur- more stringent oversight capacity simple and routine, but it is not. Most days. I know, I have seen them there the last two Saturdays. Don’t miss across all the SBA contracting proof her work is with senior citizens. If their stand; it is the best. That is grams. It is SBA’s duty to utilize every an older person in southern Illinois where I am going to be able to see her fraud prevention measure at its dis- calls my office because they are having a problem with Social Security or from now on. posal and this amendment puts the Betty is retiring from my office, and tools in place to punish the bad actors Medicare or some other Federal program or agency, Betty most often I will miss her. More importantly, the that have infiltrated the SBA con- people who have had her fine public tracting programs. takes that call. The people she works with often have service will miss her too. We are going The PRESIDING OFFICER. The Sen- to miss her greatly. ator from Illinois. no place else to turn. They can’t afford f f lawyers. They just need someone who cares and who is competent. Maybe BEST WISHES TO SARA FROELICH MORNING BUSINESS they have been incorrectly denied Mr. DURBIN. Madam President, back Mr. DURBIN. Madam President, I ask Medicare or disability payments or in the year 2000, my wife Loretta and I unanimous consent that the Senate some other benefits they are entitled went to the Democratic Convention in proceed for a period of morning busi- to, and they have tried but cannot cut Los Angeles, and we ran into a young ness, with Senators permitted to speak through the bureaucracy to resolve college coed from Illinois. She was a therein for up to 10 minutes each. their problems. Many of them are des- student at Wesleyan University in The PRESIDING OFFICER. Without perate. Some have spent every penny Bloomington, IL—originally from the objection, it is so ordered. they have ever saved and have nothing Twin Cities of Minnesota. At that f left. They are on the verge sometimes time, her name was Sara Nelson. of even losing their homes. THANKING BETTY HAMILTON Sara Nelson had a class assignment Betty Hamilton listens to them and to cover the convention for a weekly Mr. DURBIN. Madam President, I she gets to work making phone calls, newspaper in Illinois. She was out think most of us involved in public life writing letters, sending e-mails, trying there sleeping on the floor of some- realize that few people meet us and to make the wheels of government turn body’s apartment and wandering many more people meet those who rep- the way they should. She is an advo- around trying to write a story for a resent us. That is why if you are a suc- cate for fairness and good government. weekly newspaper. She was a bright- cess as a Congressman or Senator or as Over the years, Betty has talked with smiling young woman, and Loretta and an elected official, you really have to more than 8,000 people in Illinois. They I liked her instantly. rely on the people who work for you, are the lucky ones. She has saved hun- As fate would have it, we ended up on who time and again will represent you. dreds of people from losing their the same plane flying back to Chicago Their approach, their sense of caring, homes. She has given them hope. when the convention had ended. We their promptness, their courtesy will I go back on Fridays to Springfield, landed at Midway late, and as Loretta reflect on you. and I usually have a couple of thank- and I were leaving the baggage section, If you are lucky—really lucky—you yous on my desk, and they always re- we saw Sara Nelson sitting on her bag will have some extraordinary people late to staffers who have done a good by the curb. We said: Sara, where are working for you who cover you with job. Usually Betty’s name is on them. I you going? glory every single day—even when you can’t count the number of people who She said: I missed my bus down to don’t know it. have written me about the work she Bloomington—which is a little over 100 I started in politics and was lucky to has done. They say: Thank you for miles away—and I have to wait for one have two early mentors. As a college helping me. I greatly appreciate it. It that will come later tonight. student, the Senator who held this is good to be able to pay my bills and I said: You’re in luck because Loretta seat, Paul Douglas, inspired me to take take care of my kids, and a special and I are driving down there. Get in an interest in government. Later, there thanks to Betty Hamilton. the car. was a man he introduced me to, Paul I know Betty worries some nights She hopped in the car with us, and we Simon, whom I succeeded in the Sen- about the people she tried to help. She drove down to Bloomington. ate. I spent more time with Paul has come in on many Saturdays to During the course of the trip, we got Simon, and he truly was my mentor. I write one more letter or make one to know her and liked her even more.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3668 CONGRESSIONAL RECORD — SENATE June 9, 2011 She told us how much she loved poli- long-term U.S. residents. They have I want to tell you about two of these tics and government and that she was good moral character. They have grad- DREAM Act-eligible people. soon going to graduate from Illinois uated high school, and we say: If you Herta Llusho was brought to the Wesleyan University. will complete at least 2 years of college United States from Albania when she So I said: Why don’t you call me and military service in good standing, was 11. She and her mother settled in sometime. Maybe you can be an intern we will give you a chance to become Grosse Pointe, MI, a suburb of Detroit. in my office. legal. Herta came here legally, but shortly She agreed. She was not only an in- There are thousands of young people after arriving, Herta’s mother filed an tern, she was one of the best. As soon who fit this description in the United application to stay in the United as she graduated, we hired her. A year States. They were brought here as States. later, she was promoted to handle im- kids. If their parents came to the Herta quickly learned English and migration and citizenship casework, United States and overstayed a visa or became an academic star. She grad- and she did a great job. Then there was crossed the border when they shouldn’t uated from Grosse Pointe South High an opportunity for her to work as my have, these children shouldn’t be held School with a 4.05 grade point average. deputy director for the entire accountable. They were children. We In high school, she was a member of downstate portion of Illinois. This was don’t hold children accountable for any the varsity track team, won an Ad- in 2006. wrongdoing by their parents. They vanced Placement Scholar Award, and So Sara Nelson took off and became grew up here, they pledge allegiance to was a member of the National Honor my representative, going all over the the flag in their classrooms here, they Society. State and speaking for me at meetings sing our national anthem, and many of Here is a picture of Herta at gradua- and representing me and working on them speak no other language other tion. Herta is currently a junior at the projects as important as the new court- than English. University of Detroit Mercy, where she house in Rockford, IL, and the new The purpose of the DREAM Act is is an honors student studying to be an bridge across the Mississippi River con- that we should not punish children for electrical engineer. She has a grade necting Granite City with downtown their parents’ actions. That is not the point average of 3.98 and has completed St. Louis. There was no project too American way. Instead, the DREAM two internships at engineering firms. daunting for her. She took them on. Act says to these students: America is She is also very involved in the com- In the meantime, to nobody’s sur- going to give you a chance, a chance to munity, volunteering at homeless shel- prise, she found the person she wanted continue living here and to make this ters, tutoring programs, and her to marry, John Froelich. She and John an even better nation. church. Listen to what one of her got married several years ago, and we The DREAM Act is not just the right friends says about Herta: went to the wedding—a beautiful thing to do, it makes America a better I am humbled by Herta’s willingness and event. Her family came down from country. The young people who would desire to serve. I have had the privilege of Minnesota, and the two of them were qualify for the DREAM Act are class going to the same church at which she faith- perfect. John was in medical school valedictorians, star athletes, honor roll fully serves. She spends hours tutoring kids students, and ROTC leaders. They are and volunteering with the junior high Sun- studying to be an orthopedic surgeon. day school class. It is a joy to watch so many Lo and behold, shortly, about a year or the future doctors, soldiers, computer children run up to her at church because of so after that, along comes baby Naomi. scientists, and engineers who will the love they receive when they are with her. I cannot tell you how much she loves make this country even better. In 2009, after 9 years of legal pro- that baby. She replaced politics, soc- The DREAM Act would strengthen ceedings and deportation proceedings, cer, and the World Cup in her list of our national security by giving thou- here is what Herta said about being most important things. I see Sara out sands of highly qualified, well-educated placed in deportation. young people the chance to enlist in in the park on weekends pushing the I was shocked. My friends are here, my stroller, sometimes running behind it the Armed Forces. The DREAM Act education is here, my community is here. All with little Naomi giggling along the has the support of not only Secretary of a sudden, I was asked to leave behind ev- way. of Defense Robert Gates but also GEN erything I know and go back to a country I There is some good news for Minneso- Colin Powell. barely know. When I lived there, I was little, tans and bad news for Illinois as this The DREAM Act will help our econ- so I don’t remember much and I barely speak story comes to an end. John Froelich is omy by giving these talented young Albanian any more. a medical student and will start his fel- people the chance to become engineers Herta’s community rose to her de- lowship at Mayo Clinic in Rochester in and entrepreneurs, doctors, lawyers, fense. Thousands of people signed an a few weeks, so Sara and Naomi and teachers, small business owners, and online petition to stop her deportation. John are moving on. I will miss her. nurses. That is why the DREAM Act Last year, the Department of Home- She has been a terrific asset on my has the support of business leaders land Security granted Herta a 1-year staff and a terrific person. She is a from across the country, such as Ru- stay—just 1 year. The Department is great mom and has been a great ally in pert Murdoch and the CEOs of compa- now considering whether to delay it for the course of the years she has worked nies such as Microsoft and Pfizer. another year. I sincerely hope they for me. The talented young people who would will. Loretta and I wish Sara and John and be eligible for the DREAM Act call Would it be a good use of taxpayer Naomi the very best and thank them themselves Dreamers. When I first em- dollars to deport Herta? Of course not. for the wonderful years of service they barked on this mission 10 years ago, There is so much discussion in America have given to me and the State of Illi- they used to kind of hold back in the today about what we need from our nois. shadows of a meeting, kind of whisper young people for America to succeed in f to me as I went by that they would be the future in the so-called STEM saved if the DREAM Act were passed. fields—science, technology, engineer- THE DREAM ACT Well, now they are stepping forward, ing, and math. Every year we issue Mr. DURBIN. Madam President, 2 and I am glad they are, so America can thousands of H–1B visas to bring for- years ago, I embarked on a legislative see who they are. eign workers to the United States in mission to pass a bill called the Every day these Dreamers contact the STEM fields. DREAM Act. The purpose of the my office to tell me their stories. Herta is a straight-A student in elec- DREAM Act was to give to young peo- These stories have energized me to trical engineering, a STEM field. She ple who came to this country as chil- keep up the fight. The last time we had doesn’t need an H–1B visa. She is a dren, and who were raised in the a vote on this act on the Senate floor homegrown American talent. Why in United States, who have graduated was last December. We had a majority. the world would we create a law to high school, who have done a well and But when it comes to controversial allow someone who has never lived in made a good life in this country, a issues, it takes 60 votes. I want to take the United States to come here and le- chance to become legal residents in the this up again and give these young peo- gally reside to become an electrical en- United States of America. They are ple a chance. gineer and tell Herta, who has lived

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3669 here all of the life she remembers, she immigrant students who would qualify, It is not ‘‘may,’’ it is not ‘‘can,’’ and it has to leave? That is just plain wrong. such as Herta Llusho and Julieta is not ‘‘it would be a good idea.’’ It says Herta came to Capitol Hill to speak Garibay. They are Americans in their the President shall submit to Congress, at a briefing I sponsored for the hearts. They are willing to serve our within a 15-day period beginning on the DREAM Act, and this is what she said. country and to make it a better place. day the budget submission to Congress I’m a typical story. There are thousands of We have to give them a chance. is made, proposed legislation respond- stories out there just like mine. Please sup- I ask my colleagues: Please, in your ing to this Medicare funding warning. port the DREAM Act so students like me heart of hearts, think about the fair- March 1 marked the day 15 since the don’t have to leave. We are worth it. This is ness and justice behind this legislation. President submitted his budget, and a country we have come to love. Let’s support and pass the DREAM the Medicare trustees, as we all know, Herta is right. She and thousands of Act. It is the right thing to do. It will have been ringing the alarm bell for others are worth it. They have so much make America a stronger nation. years. But, unfortunately, this is not to contribute to America if we just Madam President, I yield the floor. the only provision of the law the Presi- give them a chance. The PRESIDING OFFICER. The Sen- dent has neglected. Let me introduce you to one other ator from Washington. We could talk about the Greek debt student. This is Julieta Garibay. Mrs. MURRAY. Madam President, I crisis. On Tuesday, the President Julieta was brought to the United ask unanimous consent that following talked about the Greek debt crisis in a States in 1992 at the age of 1. She grad- my remarks, the Senator from Texas, joint press conference with Angela uated from the University of Texas Mr. CORNYN, be recognized. Merkel, the Chancellor of Germany. with a bachelor’s degree in nursing. The PRESIDING OFFICER. Without This is what the President said about She was on the dean’s list and the objection, it is so ordered. the Greek debt crisis: president’s honor roll and volunteered The Senator from Washington is rec- We have pledged to cooperate fully in more than 500 hours at hospitals in ognized. working through these issues on a bilateral Dallas and Austin. Julieta went on to Mrs. MURRAY. I thank the Chair. basis but also through international and fi- earn a master’s degree at the Univer- nancial institutions like the International (The remarks of Mrs. MURRAY per- Monetary Fund. sity of Texas in public health nursing. taining to the introduction of S. 1166 Obviously, Greece has suffered a debt She is a member of Sigma Theta Tau, are located in today’s RECORD under crisis. They have the International the international Honor Society of ‘‘Statements on Introduced Bills and Monetary Fund, funded by various na- Nursing. She has been a registered Joint Resolutions.’’) tions, to bail them out. Unfortunately, nurse since 2004. The PRESIDING OFFICER. The Sen- when the United States has a debt cri- Here is the problem. Julieta is un- ator from Texas. documented. She cannot legally work sis, if we do nothing about it, there will f in the United States of America. Let be no one left to bail us out. me tell you something else about MEDICARE The problem with the statement of the President about the International Julieta. She is married to SSG Armen Mr. CORNYN. Madam President, I Monetary Fund is that the Congress Weinrick, who serves in the U.S. Air wish to speak briefly today about has also spoken on that issue. Senator Force Reserves. Here is a picture of Medicare, about the law, and specifi- VITTER and I sponsored an amendment Julieta and Staff Sergeant Weinrick at cally a law that Congress passed in 2003 Julieta’s graduation. Staff Sergeant last summer that was incorporated which provided for something called into the so-called Dodd-Frank Act or Weinrick is currently awaiting deploy- the Medicare trigger. This provided ment. He will go overseas to defend our the financial services regulatory re- that when the Medicare trustees would form bill. This amendment was ap- country, but while he is gone serving indicate that a Medicare funding warn- America, his wife could be deported. proved unanimously by the Senate and ing should issue according to that law, became law by the President’s hand. That is just plain wrong. then the President of the United States Julieta sent me a letter, and here is This provision, included in section 1501 under that law must, within 15 days, of the Dodd-Frank Act, requires the what she said about her dreams for the submit to Congress proposed legisla- future. Treasury Secretary to determine tion to respond to that warning. whether IMF loans to countries that I desperately need the DREAM Act to pass What does all this mean? We know so I can practice my beloved profession— are already deeply in debt will likely the Medicare trustees made the situa- be repaid and certify that determina- nursing. I have been dreaming of being a tion clear that Medicare will run out of nurse for the past 7 years since I earned my tion to Congress. Furthermore, if an nursing license. Once the DREAM Act money by the year 2024. Medicare’s un- IMF loan will not be repaid, the Treas- passes, I will join the military in hopes of funded liabilities are more than $24 ury Secretary is required to direct the making up the lost time and serve the coun- trillion and growing. In other words, executive director to vote in opposition try I call home as a nurse. there is a $24 trillion gap between the to the proposed loan. These provisions Do we need more nurses in America? promises the U.S. Government has became Federal law for a reason—be- Of course, we do. In fact, the United made to seniors and the funding to pay cause we sought to protect U.S. tax- States imports thousands of foreign- for it. Of course, as the Chief Actuary payers from being used by the IMF to trained nurses each year to meet the stated, this is actually an optimistic bail out foreign nations that have been needs of our country. What is wrong scenario, that we can fund Medicare making irresponsible spending deci- with this picture? This young lady has through 2024. sions. a master’s degree in nursing from the The President of the United States As I said earlier, I hope the failure of University of Texas. I am sure my col- has failed to comply with this law duly the President to comply with this man- league on the Senate floor would ac- passed by Congress and signed into law. datory requirement under the Medicare knowledge that is one of the most I do not really know why the President law we passed in 2003 is simply an over- highly regarded universities in Amer- has failed to meet this legal responsi- sight. But we know that so far the ica. She has this master’s degree, and bility of the law. I hope it is an over- President and the majority party in they are planning to deport her. If they sight, and I hope it is one he will cor- the Senate have not submitted—the do, she will probably cross paths in the rect shortly. Having no plan while the President has actually submitted a airport with a nurse coming here from President has criticized the House for budget that doubles the debt in 5 years some foreign country on a work visa to the plan they passed is bad enough, but and triples it in 10 years, but he has work in our hospitals. That isn’t fair, failing to submit a plan when the made no response to the Medicare it isn’t smart, and it just doesn’t make President of the United States is re- trustees’ statement that Medicare will sense. quired to do so by law is a violation of be insolvent in 13 years. Instead, he has The DREAM Act would give Julieta the law, something the President has attacked the only people who have the chance to serve the America she taken an oath to uphold. been responsible enough to come up loves, the America she calls home. There is no doubt about it, section with a proposal. Admittedly, the pro- I first introduced the DREAM Act in 802 entitled ‘‘Presidential Submission posal may not be perfect, but it is a re- 2001. Since then I have met so many of Legislation’’ uses the word ‘‘shall.’’ sponsibility of all of us to do what we

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3670 CONGRESSIONAL RECORD — SENATE June 9, 2011 can to try to solve problems, not just from employer-provided health insur- RECORD at the conclusion of my re- attack people and use it for political ance will be vastly greater than ex- marks. advantage when other people try to pected and will make sense for many The PRESIDING OFFICER. Without step up and meet their obligations. companies and lower income workers objection, it is so ordered. The issue is respect for the law, and alike. (See exhibit 1.) the issue is whether the checks and When we work our way through this Mr. BARRASSO. Grace-Marie Turner balances in our Constitution are still report, what we see is that more and is president of the Galen Institute and in place. The question is whether the more private companies that today— coauthor of a book called ‘‘Why President somehow considers himself today—provide health insurance for ObamaCare Is Wrong For America.’’ above the law or whether the law ap- their employees will be much less like- Having read the book, I will tell my plies to him just as it does to each one ly to be willing to provide that insur- colleagues a lot of the things I have of us. ance in the future. Why? Because it is been talking about during the debate I hope this is an oversight. I hope the going to be a lot more expensive to pro- leading up to the vote on ObamaCare President will remedy that oversight vide the insurance. The mandates, the and that I have been talking about and he will submit proposed legislation quality, and the high level of expense afterwards as a doctor’s second opinion to deal with this impending insolvency involved with providing that insurance are included in her book. She specifi- of Medicare forthwith. is going to be a significant burden to cally writes that no, you can’t keep I yield the floor. I suggest the ab- those companies. And if they don’t pro- your health insurance. There are about sence of a quorum. vide the insurance at all, there are 150 million Americans who get their The PRESIDING OFFICER. The going to be other chances for those em- coverage at work. We are not talking clerk will call the roll. ployees and it will actually be cheaper about people on Medicare; we are talk- The legislative clerk proceeded to for the business to not provide insur- ing about nonelderly Americans who call the roll. ance, give the people a raise, and pay get their coverage at work. Mr. BARRASSO. Madam President, I the penalty of the health care law and The Congressional Budget Office, ask unanimous consent that the order leave people without the insurance. when we were debating the health care for the quorum call be rescinded. When we take a look at this overall law, estimated that maybe 9 million, 10 The PRESIDING OFFICER. Without health care law, we see it as one where million of those people, or about 7 per- objection, it is so ordered. this body and this President raided cent of the employees who currently f Medicare. They took $500 billion away get their health insurance through from our seniors on Medicare, not to work, may lose their health insurance A SECOND OPINION save Medicare but to start a whole new at work, in spite of the fact that the Mr. BARRASSO. Madam President, I government program. With the Presi- President said if you like what you come to the floor again today, as I dent’s Payment Advisory Board, he ad- have, you can keep it. But this survey have week after week since the health ditionally wants to ration Medicare— of 1,300 different companies—organiza- care law has been passed, with a doc- ration Medicare. They have raided tions that provide health insurance—30 tor’s second opinion about the health Medicare and rationed Medicare. Is it percent of them say I don’t think we care law. As you know, I have prac- any surprise that people on Medicare are going to follow that route. We are ticed medicine for 25 years in Wyo- are having a much harder time finding talking about a significantly larger ming, taking care of Wyoming fami- a doctor as doctors refuse to see pa- number than the Congressional Budget lies. tients on Medicare? Office had even anticipated. The num- I have great concerns about this So with all of this, now we get this bers are astonishing. health care law that has been passed by report. This report says—and this is a In a study last year, Doug Holtz- this body as well as the House, signed very reputable national consulting Eakin, who is the former director of by the President. The American people firm. This report says they did a sur- the Congressional Budget Office, esti- continue to learn more and more about vey of 1,300 employers across the coun- mated not what the current CBO said— this health care law, and the more they try—different industries, different ge- maybe 10 million—he thought maybe 35 learn, the more concern they have ographies, different employer sizes— million workers would be moved out of about this law being bad for patients; and the results ought to be a huge employer-covered plans into subsidized bad for providers, the nurses and doc- wakeup call for all workers and all coverage, paid for by the taxpayers, tors who take care of the patients; and families across the country, because and he thought by getting to that num- bad for the payers, the taxpayers of what this group has seen from this ber, it would add an additional $1 tril- this country who are going to get hit study is that overall, 30 percent of all lion to the estimate of what the real with an incredible bill. employers—30 percent of all employ- costs were going to be for the Presi- The main subject I wish to talk ers—will either definitely or probably— dent’s health care law. If these num- about today is a new report that has so likely—stop offering employer-spon- bers are true, this newer, higher num- come out that says to me that the tax- sored health coverage in the years ber of 30 percent pulling out—and payers are going to get hit with a bill after 2014. That is when ObamaCare maybe 50 percent once they find out much higher than they initially goes fully into effect. what is actually in the law, in the thought. It is a report from the Among employers with a high aware- mandates on these businesses—the ad- McKinsey Quarterly called ‘‘How U.S. ness of how the program actually ditional costs, at a time when we are health care reform will affect employee works for health care reform—who looking at 9.1 percent unemployment benefits.’’ have actually studied what the law in this country, are going to go even In the debate and speeches the Presi- says—in that group, those who are higher with the significant subsidies dent had given in the runup to the elec- most well informed, they are saying that exist for families making up to tion and the vote on this bill, he said more than 50 percent and upwards to 60 $88,000 a year. that if you had care you liked, you percent will pursue other options. They So I come to the floor to say that the could keep it; that the American peo- will likely stop offering their employ- more we learn about this health care ple, if they had a plan they liked, ees health coverage. At least 30 percent law, the more unintended consequences would be able to keep it. It was a prom- of the employers would gain economi- we find; that many of the predictions ise he made to the American people, a cally from dropping coverage even if made about this health care law from promise the American people wanted to they completely compensated the em- this side of the aisle are now coming believe. But now this report shows that ployees for the change of losing their true. the American people were right in insurance. This is very alarming for I have spoken in the past about waiv- being skeptical, and, as we see, the our country. ers. We now are at a point where 3 mil- more the American people learn about There was a well-written editorial in lion people who get their health insur- the health care law, the less they like yesterday’s Wall Street Journal by ance through work—3 million people it and the more they oppose it. What Grace-Marie Turner, and I ask unani- covered with health insurance in this this report says is that a shift away mous consent that it be printed in the country—have gotten waivers. Whole

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3671 States have gotten waivers so they plies that the cost to taxpayers could be sig- I want to recognize Pastor Cathy don’t have to live under the mandates nificantly more. Moorehead of the United Methodist of the health care law, and they are The McKinsey study, ‘‘How US health care Church and Father Daniel Wathan of going to be back for waivers again next reform will affect employee benefits,’’ pre- Saint Benedict’s Church of Roundup. dicts that employers will either drop cov- year and the year after that. erage altogether, offer defined contributions Last week, Cathy and Daniel showed We see additional concern with what for insurance, or offer coverage only to cer- me the flood damage caused by rising is in this health care law. As NANCY tain employees. The study concludes that waters from the nearby Musselshell PELOSI said, first you have to pass it 30% of employers overall will definitely or River. Most of the town of Roundup has before you get to find out what is in it. probably stop offering health insurance to been underwater for days. As more and more people find out what their workers. However, among employers I remember many times I had gone to is in it, we are finding that more and with a high awareness of the health-reform the Busy Bee Cafe in Roundup. Never more people who maybe had coverage law, this proportion increases to more than 50%. in my wildest dreams did I ever think they liked are not going to be able to The employer incentives to alter or cease that restaurant might be underwater. keep that coverage and are going to coverage under the health-reform law are A few days ago, it was. The floods have lose that coverage, and the taxpayers strong. According to the study, at least 30% come back again. It is not entirely un- are going to get stuck footing the bill. of employers would gain economically from derwater, but so much of it is, it is vir- That is why I come back to the floor dropping coverage, even if they completely tually destroyed. week after week with a doctor’s second compensated employees for the change Cathy and Daniel took it upon them- through other benefit offerings or higher sal- opinion, because there is new informa- selves to make sure their neighbors tion that comes out week after week, aries. That’s because they no longer would be tethered to health-insurance costs that had a hot meal, a dry place to sleep, as this McKinsey & Company study and consistently rise faster than inflation. medical care, and a shoulder to cry report came out this week. That is why Employers should think twice if they be- on—and it is food not only for those I continue to say we need to repeal and lieve the fine for not offering coverage will displaced by the floods but also for the replace this terribly broken health care stay unchanged at $2,000 per worker. ‘‘If National Guard so the National Guard law. many companies drop health insurance cov- does not have to eat all those rations Thank you. erage, the government could increase the they otherwise would have to eat. With that, I yield the floor. employer penalty or raise taxes,’’ according to the new study, authored by McKinsey con- I have talked to the Guard. They are EXHIBIT 1 sultants Shubham Singhal, Jeris Stueland so appreciative that they do not have [From the Wall Street Journal] and Drew Ungerman. to eat the food they otherwise had been NO, YOU CAN’T KEEP YOUR HEALTH The case for repeal of ObamaCare grows given. Ask anyone around, and they INSURANCE stronger every year. The massive shift of will tell you Cathy and Daniel’s out- (By Grace-Marie Turner) health costs to taxpayers thanks to the dis- standing efforts continue to be indis- A new study by McKinsey suggests that as ruption of employer-sponsored health insur- pensable. ance will add further to the burgeoning fed- many as 78 million Americans could lose em- Floodwaters have returned to Round- ployer health coverage. eral budget deficit. Congress can and must develop policies that allow the marketplace up, and our prayers are with them all ObamaCare will lead to a dramatic decline today. in employer-provided health insurance—with to evolve and not be forced into ObamaCare’s as many as 78 million Americans forced to regulatory straitjacket. This month, the Crow Indian Tribe find other sources of coverage. Mr. BARRASSO. I note the absence also faced devastating floods. Rising This disturbing finding is based on my cal- of a quorum. water has severed food and water sup- culations from a survey by McKinsey & Com- The PRESIDING OFFICER. The plies. There is no drinking water. pany. The survey, published this week in the clerk will call the roll. Rushing water has swept away bridges McKinsey Quarterly, found that up to 50% of The legislative clerk proceeded to and streets. employers say they will definitely or prob- As soon as the floodwaters struck the ably pursue alternatives to their current call the roll. health-insurance plan in the years after the Mr. BAUCUS. Mr. President, I ask Crow Reservation, Crow Tribe member Patient Protection and Affordable Care Act unanimous consent that the order for April Toineeta got to work. April takes effect in 2014. An estimated 156 million the quorum call be rescinded. worked with the Red Cross to set up non-elderly Americans get their coverage at The PRESIDING OFFICER (Mr. shelter for flood victims. She made work, according to the Employee Benefit Re- FRANKEN). Without objection, it is so sure the Indian Health Service had the search Institute. ordered. latest information about where med- Before the health law passed, the Congres- f ical care was most urgently needed. sional Budget Office estimated that only She was universally recognized as the nine million to 10 million people, or about MONTANA FLOOD HEROES 7% of employees who currently get health in- go-to person for help. April. April surance at work, would switch to govern- Mr. BAUCUS. Mr. President, the Toineeta. April has been working 18- ment-subsidized insurance. But the Book of Matthew, chapter 23, verses 11 hour days, sleeping on the floor of the McKinsey survey of 1,300 employers across and 12, reads: Crow Housing Authority, doing what- industries, geographies and employer sizes The greatest among you will be your serv- ever it takes to help her community. found ‘‘that reform will provoke a much ant. For those who exalt themselves will be April’s hard work inspires all of us to greater response’’ and concludes that the humbled, and those who humble themselves help each other through the floods in health overhaul law will lead to a ‘‘radical will be exalted. any way we can. restructuring’’ of job-based health coverage. Another McKinsey analyst, Alissa Meade, I rise today to recognize five of Mon- When Box Elder Creek burst its told a meeting of health-insurance execu- tana’s greatest servants—five Montana banks, floodwaters destroyed the Har- tives last November that ‘‘something in the heroes. ris family home north of Mill Iron, just range of 80 million to 100 million individuals Our State has faced severe flooding, outside of Ekalaka. Neighbors Charlie are going to change coverage categories in unrelenting flooding for the past sev- and Gail Brence hopped on four-wheel- the two years’’ after the insurance mandates eral weeks. As water levels rise, Mon- ers and went to rescue the Harris fam- take effect in 2014. ily of seven. When they arrived, the Many employees who will need to seek an- tanans across the State are stepping up other source of coverage will take advantage to help. This is the essence of what it Harris home was under 6 feet of water, of the health-insurance subsidies for families means to be a Montanan: stepping up rapidly rising. They offered the Harris making as much as $88,000 a year. This will to help fellow Montanans, ordinary family a warm and safe place to stay, a drive up the cost of ObamaCare. folks doing extraordinary things for shoulder to cry on, and a helping hand In a study last year, Douglas Holtz-Eakin, their friends and neighbors. We are all as they worked to save their cattle and a former director of the Congressional Budg- in this together. salvage personal belongings from the et Office, estimated that an additional 35 That is why I have begun calling at- destroyed home. Gail Brence said: million workers would be moved out of employer plans and into subsidized coverage, tention to the Montana heroes going ‘‘We’re Montanans. This is what we and that this would add about $1 trillion to above and beyond the call of duty in do.’’ the total cost of the president’s health law the floods we are experiencing in our Pastor Cathy, Father Dan, April, and over the next decade. McKinsey’s survey im- State today. Charlie and Gail are the best of the

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3672 CONGRESSIONAL RECORD — SENATE June 9, 2011 best Montana has to offer. They rep- the Missouri River. We see that the De- places where people lived 3 weeks ago resent our can-do attitude, our willing- partment of Agriculture and the Corps aren’t there today, and more than 500 ness to help our neighbor. Our belief is also have to get engaged to get the commercial properties were demolished that when times are tough, we know we damaged land cleared and rehabilitated by this devastating tornado. are the strongest when we work to- for all this levee protection to be re- Homes, churches, the high school, gether. stored. the vo-tech school, three elementary There are hundreds of other unsung There is some discussion on the open- schools, and the Catholic school at all heroes across Montana. I am calling on ing of the levee in the boot heel, a levels are all gone, and then other all Montanans to share their stories of place called Birds Point. That had been schools were damaged. How you get ordinary folks doing extraordinary the plan, to open that levee in a flood back to school in August and Sep- things for their friends and neighbors, disaster, since 1937, but it had not hap- tember of this year with those schools whether on Facebook or call my office. pened since 1937. gone is a huge challenge, one that a We want to hear these inspiring sto- Mr. President, 130,000 additional community would assume it would ries. We want to share them. acres of farmland means at this mo- never have to meet, but the commu- You know, some folks in our State ment we probably have 500,000 acres of nity has been meeting it, as have peo- say—and it is somewhat true—that farmland—a little more than that—un- ple from all over the country and par- Montana is really one big town. We derwater, and that number will be ticularly from our State. tend to know each other. We are big in much higher than that by this time Rescue efforts, led by groups such as area, few in people. But we tend to next week. But that 130,000 acres at Missouri Task Force 1 and other public know each other, about one or two de- Birds Point will still be underwater safety officials—fire departments, law grees of separation. We are really one most of next year unless the Corps goes enforcement, medical personnel, the big small town. We are there to help back in, as they committed they volunteers—have up until now been each other. would, and gets a temporary levee that tireless, but I can tell you they are get- In closing, I wish to share a humble becomes a permanent levee in as soon ting pretty tired. thank-you for all Montana’s heroes as possible. People in Missouri and across Amer- back home. I do not know what we We also cannot underestimate—and ica have been overwhelmingly generous would do without you. Thank you for it would be hard to even overesti- with their time and resources in the your service. mate—the challenges Joplin, MO, aftermath of this storm, and all Mis- I yield the floor. faces, a city in which the death toll The PRESIDING OFFICER. The Sen- sourians are grateful for it. Large cor- from the tornadoes has now exceeded ator from Missouri. porations and small community orga- any tornado in the last 50 years. I nizations and individuals have helped. FLOODING IN MISSOURI think the mid-1950s was the last time Mr. BLUNT. Mr. President, Missouri People have responded to calls on the this much loss of life occurred in a tor- has withstood a number of tremendous phone by doing whatever they were nado. asked to do to make a small donation. natural disasters this spring. In fact, I live about 60 miles from Joplin in the flood our good friend from Montana The General Motors Foundation an- Springfield, MO. I represented both nounced a $100,000 grant to the Red just talked about is headed down the Joplin and Springfield in the House of Missouri River from Montana, to the Cross, along with two vehicles, full- Representatives for 14 years. I had an sized vans, and free access to their Dakotas, to Missouri right now. office in Joplin. I have been there lit- We have had floods along the Mis- OnStar service after the disaster. erally hundreds of times. And as a sissippi. We have had floods of the The Ford Motor Company donated southwest Missourian, I have seen lots Black River that required the evacu- another $50,000 to Feeding America for ation of part of Poplar Bluff, MO. We of tornado damage, but I have never Joplin, and their employees in the Kan- have had tornadoes in both St. Louis seen anything like this damage. sas City plant are assisting as volun- I went to the area Tuesday after the and Joplin and now, as I said, the Mis- teers in relief efforts. tornado hit over the weekend. I think souri River floods. Walmart committed $1 million. The Missouri River flood is beginning the tornado hit on Sunday afternoon Home Depot and Walmart both had— to reflect what has happened upstream late. I was there most of the day Tues- there was a Walmart supercenter and a with the above-normal snowpack that day. I was riding with a veteran police Home Depot store that were totally de- we do not see much of, but we see it sergeant down streets that both he and molished, 100-percent demolished. In when it melts in the spring. And high I had been down many times, and nei- both cases, they had late-Sunday-after- rainfall amounts this spring have made ther of us could ever really tell quite noon shoppers in them. the difference in what is happening in where we were because the devastation In one store was a man and his 4- our State. was that great. Every street looked year-old and 1-year-old. I am not sure The flooding along the Missouri like the street next to it. The buildings they were on the way to the Home River, which is about to get to crisis were ground up. The 2 by 4s had be- Depot, but at the last minute they stage, will now join floods along the come toothpicks. It was almost unrec- were running into the Home Depot, Mississippi River, the Black River, and ognizable. thinking that would be the safest place tornadoes in St. Louis and Joplin. This same tornado, if it would have to be, and those big concrete walls col- River levels are expected to rise near hit and stayed on the ground for 6 lapsed inward, and the mom who sent record levels and remain there until miles in an area of farmland, would them to get lightbulbs or whatever she early or mid-August. This, of course, have done some damage, but there had sent them to get never saw those will put a tremendous pressure on our would not have been nearly as much three people who were so much of her levee system. The estimates I heard damage. As it happened, it ripped life before. this week were that between now and 2 through the city of Joplin in a swath The St. Louis Cardinals donated weeks from today, there will be at that was at least half a mile wide and $25,000 to Convoy of Hope. least two dozen levees underwater, in some places three-quarters of a mile The Kansas City Royals and Kansas which means the water will have got- wide. It stayed on the ground for 6 City Chiefs each gave $35,000 to Heart ten high enough to come over the tops miles and destroyed approximately 30 to Heart International. of these levees, and maybe over 50 lev- percent of the buildings in a town of Duracell opened a Power Relief Trail- ees on the Missouri River before it gets 50,000 people. There were 141 people er. to St. Louis will be underwater and killed, including those who in the hos- Tide opened a Loads of Hope loca- will have water on both sides of them pitals from injuries since the tornado, tion, offering laundry services for the until well into the summer. Of course, because of the tornado. More than 900 thousands of affected families. that begins to undermine the very people were injured, and 8,000 homes Heart of Missouri United Way col- basis of the levee itself when it stands and apartments were destroyed. And I lected over $1 million and pledged that in water on both sides. think here the word ‘‘destroyed’’ is the 100 percent of those funds that were The Corps and local sponsors are right word. Others were damaged; these raised in that drive would go to Joplin. working to reinforce the levees along were destroyed. Mr. President, 8,000 Target contributed $95,000 to relief.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3673 AT&T and Verizon both gave $50,000. 350TH ANNIVERSARY OF BLOCK Block Island is not only unique for Sprint, a Missouri company, a Kan- ISLAND, RHODE ISLAND its rich history; it also has a beautiful sas City area-based company, gave Mr. REED. Mr. President, I am landscape. $100,000. pleased to rise today along with my Generations of Block Islanders have TAMKO gave $1 million. Their head- colleague, Senator WHITEHOUSE, to help preserved what the Narragansett In- quarters are in Joplin. Their head- mark the 350th anniversary of the set- dian tribe called ‘‘God’s Little Island.’’ quarters were not affected, but many of tlement of Block Island, RI. As we celebrate the 350th anniversary their employees were. Block Island sits 12 miles south of of Block Island’s settlement, it is fit- Loves Travel Shop gave $150,000. coastal Rhode Island, and for over ting that we recognize and congratu- Great Southern and Southwest Mis- three centuries has contributed to the late Block Islanders for all of their ef- souri Bank both donated $10,000. economic and ecological vitality of my forts to preserve one of our country’s The Girl Scouts in Houston, MO, home State. It has a rich history. most treasured places. were collecting toys for the children of In 1614, the Dutch merchant and ex- I yield to Senator WHITEHOUSE. Joplin who had lost their toys. plorer Adriaen Block charted the Is- Mr. WHITEHOUSE. Mr. President, I The University of Missouri produced land, which is named for him. rise today to join my colleague Senator a tornado relief t-shirt with the slogan In 1661 colonists from Massachusetts REED in commemorating the 350th an- ‘‘One State. One Spirit. One Mizzou.’’ sailed to Block Island and established a niversary of Block Island and thank The Mizzou football team and D. community that would later become him for his leadership in this moment Rowe’s Restaurant partnered to fill a the town of New Shoreham. of recognition. semi truck of groceries and other items During the Revolutionary War, Block Every Rhode Islander can recall their to send to the location. Islanders warned American soldiers of first trip to Block Island. For most it The American Red Cross, the Har- approaching British ships by lighting starts with a drive down to Galilee vesters Community Food Network, fires on Beacon Hill, the island’s high- where countless visitors have boarded sent 14,000 ready-to-eat meals. est point. And, over the past 200 years, the Block Island ferries—the Carol The Kansas Speedway and the High- Block Island has constructed two light- Jean, the Block Island, and the Anna way Roadhouse and Kitchen collected houses that have provided safe passage C. The ride from Galilee lasts about an items for victims. for countless sailors and travelers. hour, winding out of the Pt. Judith The Ozarks Technical Community Today, Block Island is home to over harbor of refuge and into the open College is collecting funds to help peo- 1,000 permanent residents and wel- ocean. And as the mainland—with all ple. comes up to 20,000 visitors each day its cares and concerns—slips away off The students in a high school in St. during tourist season. the stern a small speck on the horizon Louis, which had its own tornado, sent Block Island has been graced by vis- ahead grows larger with each passing things to Joplin as well. its by two sitting Presidents—Presi- minute. Soon the great bluffs of the is- FEMA is doing what it can. dent Ulysses S. Grant in 1875 and in land come into view, followed by the We need to prioritize spending. 1999 by President William Jefferson friendly hustle and bustle of Old Har- As I reach the conclusion of my re- Clinton. I was pleased to have guided bor. marks and mention the people who President Clinton as well as First Lady As the ferry pulls into dock, the full need to be mentioned—I sent President Hillary Clinton, who is now Secretary scene unfolds: the National Hotel, Obama a letter. I spoke with Secretary of State, around the Mohegan Bluffs Ballard’s Inn, the docks and moorings, Napolitano shortly after this disaster and the historic Southeast Lighthouse, and all the shops and restaurants along insisting that the Federal Government which overlooks the Atlantic Ocean, Water Street. As you step ashore, you during their visit. do what we did in Katrina and reim- can’t help but feel enchanted by the Throughout the years, the local com- burse taxpayers for their expenses at scene. A mere 12 miles separate the is- munity has worked hard to preserve the 100-percent level. We have gone the Island’s natural beauty and land- land from the mainland of our Ocean from 75 to 90, so only 10 percent more, marks. In the 1980s and early 1990s Cap- State, but it can easily seem a world and I will be happy with that number. tain John R. Lewis, a Block Island resi- away. Generations of young Rhode Island- Mr. President, 75 percent was the first dent known to all as Rob, spearheaded ers have made that trip, and most of number discussed, but we are at 90 now. a campaign to save the Southeast The Federal Government needs to do Lighthouse, which was threatened by them will continue returning, year this. And local utility companies need an eroding shoreline. With a coalition after year, only to find with a sigh of to get the same kind of assistance oth- of friends and local residents, Rob relief that the scene is just as they left ers have had in similar disasters. worked to secure nearly $1 million in it. It is no wonder that the Nature Con- In all cases, the first responders were Federal funding and he persuaded servancy has named Block Island as people’s neighbors. Their neighbors Block Islanders to help raise $270,000 one of the Earth’s ‘‘Last Great Places.’’ will still be there 6 months later when through donations. Formed by a receding glacier thou- people are still struggling. I must also applaud the efforts of sands of years ago, the land was first But with thanks to everyone who has John Chafee and Claiborne Pell, my inhabited by the Narragansett Indians, helped, with appreciation for the Fed- predecessors—particularly Senator who named their home ‘‘Island of the eral employees who have been there Chafee—who worked hard to ensure Little God.’’ It took its modern name and absolute insistence that we do ev- support for the movement of the from Adrian Block, a Dutch explorer erything we need to do to treat this Southeast Lighthouse. Their efforts, in who charted the island in 1614. It was disaster as it needs to be treated be- conjunction with Federal and State later settled by a group of families cause it truly is a disaster, I will be leaders, saved this historic landmark, from Massachusetts in 1661—350 years working with everything we can find to which still stands today. ago this year. In the centuries since, make this situation a challenge the Over 40 percent of the Island is now Block Island has been occupied by Brit- community can meet. preserved land. The Island boasts dra- ish Redcoats during the War of 1812, I yield the floor. matic bluffs, pristine beaches, and 25 served as home to artillery spotters in The PRESIDING OFFICER. The sen- miles of public hiking trails. Over 40 World War II, and become a favorite ior Senator from Rhode Island. kinds of endangered species call Block destination for sailors, fishermen, and Mr. REED. Mr. President, I ask unan- Island home and thousands of migra- families across the region. imous consent that after I am recog- tory birds pass through each year mak- Today the island is a mainstay of nized, Senator WHITEHOUSE be recog- ing this a truly exceptional place. Rhode Island’s tourism industry. The nized—we are speaking on the same Indeed, Block Island was included on Southeast Lighthouse is one of the topic—for up to 10 minutes and, at the the Nature Conservancy’s list of ‘‘Last many ‘‘must-see’s’’ for Ocean State conclusion of that time, Senator ALEX- Great Places.’’ This honor identifies tourists, right up there with historic ANDER from Tennessee be recognized. sites in the Western Hemisphere with Newport and Slater Mill. And the jobs The PRESIDING OFFICER. Without significant biodiversity and ecosystems generated by Block Island—from the objection, it is so ordered. with rare or endangered species. ferry workers to the shop owners—are

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3674 CONGRESSIONAL RECORD — SENATE June 9, 2011 a real help to our economy in these the last century, Boeing has built the State. But, the NLRB’s acting general tough times. passenger planes that allow Americans counsel doesn’t seem to care about Today I join with Senator REED to to travel the world; built the warplanes these facts, or the impact of this case commemorate 350 years of history for and weaponry that enable our soldiers, on those jobs. Recently, several Boeing the people of New Shoreham. Congratu- sailors, marines, and airmen to defend employees in South Carolina, whose lations on this historic milestone. freedom; built the spacecrafts that jobs are hanging in the balance, asked The PRESIDING OFFICER. The Sen- send our astronauts into orbit and to to intervene in the case. The acting ator from Tennessee is recognized. the Moon; and built the satellites that general counsel opposed the request, f deliver communications around the stating that ‘‘these Boeing employees globe. in South Carolina have no cognizable RIGHT-TO-WORK LAW Boeing’s newest commercial pas- interest in participating in the pro- Mr. ALEXANDER. Mr. President, senger airliner is the 787 Dreamliner. It ceeding sufficient to justify their inter- next Tuesday, the Nation’s largest ex- is a shining example of American inno- vention.’’ porter and employer of more than vation and entrepreneurship. It has It is hard to imagine anybody with a 150,000 Americans will be appearing be- been designed with a paramount focus more direct interest in this than the fore an administrative judge in Seattle on efficiency and performance, to allow Boeing workers in South Carolina. to defend itself against a claim brought a mid-sized aircraft to travel as far as Facts like these don’t seem to matter by the acting general counsel of the a jumbo jet, while using 20 percent less when you have an agenda. This case is National Labor Relations Board, fuel and producing 20 percent less emis- about more than airplanes, more than NLRB. The claim is that a corporate sions than today’s similarly sized air- Boeing, and more than South Carolina. decision to expand production of its craft, and while traveling at roughly This case is about the future of our next generation airliner in South Caro- the same speed as a 747 or 777. economy and our competitiveness as a lina, a right-to-work State, was a vio- It has also been a tremendous com- nation. It is the latest attempt by this lation of Federal labor law. mercial success despite these difficult administration to chip away at right- Since 1947, Federal law has affirmed economic times. Since 2004, 56 cus- to-work laws, to change the rules and the right of States to enact what we tomers, spanning 6 continents, have give unions more leverage over em- call right-to-work laws, which prevent placed orders for 835 Dreamliners, val- ployers, and to allow politically influ- unions and employers from requiring ued at $162 billion. enced bureaucrats in Washington de- employees to join a union, as well as President Obama has recognized the termine the means of production for pay dues or fees, in order to obtain or leadership of this company. He named private industry in the United States. keep their job. the chief executive officer of Boeing, If the acting general counsel’s re- In Tennessee, for example, manufac- Mr. Jim McNerney, as cochairman of quest is affirmed following next week’s turers such as Nissan, Volkswagen, and the President’s Export Council. And hearing, it will be prima facie illegal General Motors have built factories more recently, he nominated Mr. John for a company that has experienced re- and increased their production of cars Bryson, who serves on the Boeing peated strikes to move production to a made and sold in the United States, in Board of Directors, to be the Nation’s State with a right-to-work law. The large part due to the environment of- Commerce Secretary. CEO of Boeing pointed out that this fered by Tennessee’s right-to-work law. The Dreamliner’s success prompted will not only hurt the 22 right-to-work The President recently visited a Boeing to decide in 2009—2 years ago— States. It will also hurt States that do Chrysler plant in Toledo, OH, where he to establish a second assembly line for not have right-to-work laws. Those stated that the auto bailout helped to the airliner in South Carolina. This is non-right-to-work States will suffer be- restore the American automobile in- in addition to its current assembly line cause a company that operates in their dustry. I respectfully disagree. I think in Washington State. South Carolina is State and is unionized will effectively be prevented from growing or expand- that what restored the American auto- a right-to-work State and Washington ing to a right-to-work State, therefore mobile industry was the right-to-work is not. laws in 22 States, by creating a more On Tuesday, the NLRB acting gen- hindering the ability of any State to competitive environment in those 22 eral counsel will ask an administrative attract new manufacturers and create States, as well as in the Midwest and judge in Seattle to stop Boeing from new jobs. So, instead of making it easier and other States where the laws don’t expanding production in South Caro- cheaper to create jobs in the United exist, and permitting manufacturers to lina, arguing that the decision was States, manufacturers will be further be able to make the cars and trucks in made in retaliation for past strikes by incentivized to expand or open new fa- the United States that they sell in the union employees in Washington. That cilities in Mexico, China, or India to United States. claim ignores these facts: No union meet their growing needs. Boeing and Unfortunately, American companies jobs are being lost here; nobody is its 787 Dreamliner are shining exam- and our 22 right-to-work States are being demoted; no personnel are being ples of what is right in America and under assault from a government agen- moved; and no benefits, salaries, or what is necessary to rebuild and grow cy that is driven by an antibusiness, work hours are being cut back as a re- our country’s economy. antigrowth, and antijobs agenda. This sult of this expansion. It further ig- This new jetliner assembly plant in may be the most important battle over nores the fact that Boeing’s decision South Carolina is the first one to be labor laws in the United States today. was announced, as I have said, nearly 2 built in the U.S. in 40 years. We need to That is why Senator GRAHAM, Senator years ago. remember that Boeing sells airplanes DEMINT, and I—actually, we have 35 Down in South Carolina, 1,200 con- everywhere in the world and it can Senators cosponsoring the bill—intro- struction jobs have been created and make airplanes anywhere in the world. duced legislation to preserve the law’s over 500 new workers have been hired But, we would like for Boeing and current protection of state right-to- by Boeing to work at this assembly other manufacturers to make in the work laws and prevent the NLRB from plant, which is supposed to open next United States what they sell in the moving forward in their case against month, in July. At the same time, Boe- United States, so that jobs can stay this company and others. ing has actually added 2,000 new jobs in and grow in this country, instead of The Job Protection Act will prevent Washington State since the announced moving overseas. the NLRB from ordering a company to expansion in South Carolina. That is As this Administration’s Commerce relocate jobs, will guarantee employer 2,000 new union jobs in Washington Secretary, Gary Locke, correctly ob- rights to decide where to do business, State. served in his March testimony before and will protect employer free speech South Carolina, of course, is a right- the Senate Committee on Commerce, associated with the costs and benefits to-work State, where employees may Science, and Transportation: of a unionized workforce. choose to join or not join the union. Manufacturing is essential to America’s The company that will be tried on Suspending Boeing’s expansion will re- economic competitiveness. . . . [it] is a vital Tuesday is Boeing—a solid and up- sult in billions of dollars of lost eco- source of good middle-class jobs. It is a key standing American success story. Over nomic development and jobs to that driver of innovation.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3675 With 9.1 percent unemployment, with nessee, Arizona, Missouri, Massachu- secondhand smoke at a time when the a soft economy, government and Wash- setts, New York, New Jersey, Colorado, tobacco industry wanted the unregu- ington must allow manufacturers such and Texas. The report was peer related ability to smoke and did not as Boeing to prosper, innovate, and cre- viewed. want people protected from secondhand ate jobs. We need to make it easier and I ask unanimous consent that at the smoke and pretended secondhand cheaper for those manufacturers to end of my remarks the list of the com- smoke was not dangerous. The writers make in the United States what they mittee, which is page V of the report, conclude: sell in the United States. be printed as an exhibit. Most of the science upon which the EPA Expanding new production lines in The PRESIDING OFFICER. Without relied with respect to secondhand smoke was South Carolina was a business decision objection, it is so ordered. independent, so attacks on the EPA wouldn’t made by Boeing’s executives and board (See exhibit 1) work alone. They have to be coupled with at- members, on behalf of their share- Mr. WHITEHOUSE. The report was tacks on the science itself. holders, who believed it was in the peer reviewed by academic reviewers A memo from Philip Morris’s com- company’s best interests. As I men- from such universities as Stanford, the munications director, Victor Han, said tioned, those board members and ex- University of Texas, the University of the following: ecutives are well respected, including South Carolina, Harvard, and Carnegie Without a major concentrated effort to ex- by the President of the United States, Mellon. Yet this significant report, re- pose the scientific weaknesses of the EPA who has invited many them to be a quested by Congress, drafted by ex- case, without an effort to build considerable part of his Administration. perts, peer reviewed by science, has reasonable doubt, then virtually all other ef- But under this Administration, the fallen on deaf ears in our Nation’s Cap- forts will be significantly diminished in effectiveness. NLRB Acting General Counsel seems ital. Why is this? Is it because the re- only concerned about the interests and port addresses a problem we have al- In other words, in order to create agenda of organized labor—an agenda ready solved? No. Is it because the re- doubt, they had to attack the science that has been soundly rejected by the port tells us not to worry? No; it is not directly, and they have done so, to the vast majority of private sector workers that either. The report, ‘‘America’s Cli- point where Mr. Han said the EPA is an in both right-to-work and non-right-to- mate Choices,’’ adds to the body of cli- agency that is, at least, misguided and work States across the country in re- mate science evidence and reflects the aggressive and, at worst, corrupt and cent years. clear consensus of the scientific com- controlled by environmental terrorists. All eyes will be on Seattle next Tues- munity, which is that carbon pollution So it is not a news story for industry day, when one of our Nation’s greatest is creating dangers across our planet to try to deny the science that shows assets and contributors to our eco- and must be addressed if we are to the danger of what an industry is pro- nomic future will be put on trial for in- avoid its most disastrous consequences. viding. But these attacks simply will vesting, creating, and innovating at a These are the facts in the report: not stand. The facts are too strong time when we are in the middle of an Climate change is occurring. It is very against them. economic recession. This will be a true likely caused by human activities and poses Over the last 800,000 years, Earth’s test of whether manufacturers are able significant risks for a broad range of human atmosphere has contained CO2 levels of to make in the United States what and natural systems. 170 to 300 parts per million. That is they sell in the United States, or Are we prepared for these significant solid science. That is a fact. That is whether they will be encouraged to risks? No, we are not, concludes the re- not a theory. It is not in dispute. That make overseas what they sell in the port. I quote again: is the range within which humankind United States. It will test whether The United States lacks an overarching has lived for 8,000 centuries. By the they put jobs over there, instead of cre- national strategy to respond to climate way, it is not clear that 8,000 centuries ating them here. And it will test change. ago mankind had yet mastered the art whether the Administration’s eco- The report warns further: of controlling fire. Essentially, the en- nomic policy is exporting airplanes or Waiting for unacceptable impacts to occur tirety of human history has taken exporting jobs. before taking action is imprudent because place within that bandwidth of 170 to Mr. President, I yield the floor, and I the effects of greenhouse gas emissions do 300 parts per million of carbon dioxide suggest the absence of a quorum. not fully manifest themselves for decades in our atmosphere. The PRESIDING OFFICER. The and, once manifested . . . will persist for In 1863, the Irish scientist John Tyn- clerk will call the roll. hundreds or even thousands of years. dall determined that carbon dioxide in The assistant legislative clerk pro- Starkly, the report calls on us now to the atmosphere trapped heat and ceeded to call the roll. begin mobilizing for adaptation. The trapped more heat as the concentration Mr. WHITEHOUSE. Mr. President, I precise quote: ‘‘Begin mobilizing now of carbon dioxide increases. That is ask unanimous consent the order for for adaptation.’’ textbook science. It has been textbook the quorum call be rescinded. The report is an urgent call to action science for generations. That is not in The PRESIDING OFFICER (Mr. by a widespread group of our most re- dispute either. BEGICH). Without objection, it is so or- sponsible scientists, peer reviewed by Since the Industrial Revolution, our dered. our most responsible universities. Why, industrialized societies had burned car- f then, is it being ignored? I believe bon fuels in measurable amounts, usu- many of my colleagues are ignoring ally measured as gigatons or metric GLOBAL WARMING this report because they are hoping tons. A gigaton, by the way, is a bil- Mr. WHITEHOUSE. Mr. President, I this problem of carbon pollution chang- lion, with a B, metric tons. We now re- am here this afternoon because, on ing the atmosphere and the climate of lease, depending on the year, up to 7 or May 12, 2011, the National Academy of our planet will go away. They are hop- 8 gigatons—7 or 8 billion metric tons— Sciences released a significant report ing that somehow, if we don’t discuss each year. That is not in dispute ei- entitled ‘‘America’s Climate Choices.’’ it—indeed, if we deny it—climate ther. In 2007, Congress directed the academy change will not happen. If we ignore We now measure carbon concentra- to write this report. The researchers the laws of physics and chemistry and tions going up in the Earth’s atmos- who contributed to the report include biology, those laws may cease to apply phere. Again, that is a measurement. scientists, economists, and policy- to us. We can repeal a lot of laws in This is not a theory. The present con- makers from world-class institutions this Senate, but we cannot repeal the centration exceeds 390 parts per mil- such as the Oak Ridge National Lab- laws of nature, and we are fools to ig- lion. Remember, for 8,000 centuries, hu- oratory, DuPont, and MIT. The list of nore them. manity has existed in a bandwidth of the States from which the committee Some even attack the underlying 170 to 300 parts per million, and we are comes is very broad: California—sci- science; this is a strategy that is as old now at 390 parts per million—well out- entists came from—North Carolina, as industry reaction to science indus- side the bounds we have inhabited for Maryland, Georgia, Virginia, Michigan, try does not like. A recent book looked the last 800,000 years. That also is not Wyoming, Washington State, Ten- at the EPA efforts to protect us from in dispute. That is a fact.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3676 CONGRESSIONAL RECORD — SENATE June 9, 2011 ‘‘America’s Climate Choices’’ docu- mate change is happening and it poses America designed much of the under- ments the changes in climate that have grave risks to us and it will go forward lying energy technology the world is already been observed and measured in whether or not we choose to acknowl- using. But other countries have set the United States. Again, not theory edge it. As I said earlier, we can do a smart policies and provided financial but documented, measured, and ob- lot of repealing of laws in this Senate, incentives to their industries, and now served. These are also not in dispute. but we don’t get to repeal the laws of they are pulling away from us in bring- Over the past 50 years, our U.S. average nature. There are real risks we are facing those new technologies to market. air temperature has increased by more ing, but there are also many positive A $6 trillion market, and our foreign than two degrees Fahrenheit. Our total reasons we should address the problem competitors are pulling away from us U.S. precipitation has increased, on av- of carbon pollution. Developing clean in bringing our own technologies to erage, by about 5 percent. Sea levels and truly renewable energy sources and that market. Our competitors are seiz- have risen along most of the U.S. working to run our American busi- ing the advantage in the development coasts. Heavy downpours have become nesses more efficiently will help us re- and deployment of new energy tech- more frequent and more intense in the tain our economic leadership in the nologies, and we are letting them. Southeastern and Western United global marketplace, and that means But we can still change this trajec- States and the frequency of large jobs for Americans. tory. We can face up to the facts of cli- Here is the report again on the poten- wildfires and the length of the fire sea- mate change, see the opportunity in tial harm to our economy if we don’t son have increased substantially in that looming threat, strengthen our invest in a clean energy future: both the Western United States and in economy, and create jobs. The National the Presiding Officer’s home State of The European Union has already increased its reliance on renewable energy and put a Academy of Sciences report is just one Alaska. more reminder of this historic charge If we take a look at the increase in price on CO2 emissions from major sources without detectable adverse economic effects. to our Congress—a historic charge at carbon concentrations in our atmos- China has placed low carbon and clean en- which right now we are failing in our phere, they can be plotted. Today is ergy industries at the heart of the country’s duty. one of the last days our pages are with strategy for industrial growth, and is mak- I thank the Presiding Officer. us after many months, and they have ing large scale public investments (for in- I yield the floor. been here in school in the very early stance, in ‘‘smart grid’’ energy transmission mornings. They have been learning systems) to support this growth. . . . Firms EXHIBIT 1 mathematics, and it wouldn’t surprise operating in the United States could find COMMITTEE ON AMERICA’S CLIMATE CHOICES themselves increasingly out of step with the ALBERT CARNESALE (Chair), University me if our pages were able to take a se- rest of the world and without the same roof California, Los Angeles ries of points and plot a trajectory off bust domestic markets for climate-friendly of those points. That is not a com- products. Moreover, U.S. firms in energy-in- WILLIAM CHAMEIDES (Vice-Chair), Duke plicated scientific endeavor. If we plot tensive sectors could be disadvantaged rel- University, Durham, North Carolina the trajectory of our carbon concentra- ative to their more energy efficient foreign DONALD F. BOESCH, University of Mary- competitors if energy prices rise in coming land Center for Environmental Science, tion, it puts us at 688 parts per million Cambridge in the year 2095, and 1,097 parts per mil- decades. . . . That is no idle speculation. We are MARILYN A. BROWN, Georgia Institute of lion in the year 2195. That is a pretty Technology, Atlanta long way off, but when we think that already seeing the United States fall JONATHAN CANNON, University of Vir- for 800,000 years we have inhabited a behind in clean energy technologies. ginia, Charlottesville planet in which the carbon concentra- We invented the first solar cell. We THOMAS DIETZ, Michigan State Univer- tion in the atmosphere was between 170 now rank fifth among the countries sity, East Lansing and 700 parts per million and in a mat- that manufacture solar components— GEORGE C. EADS, Charles River Associ- ter of a century and a little more we fifth. The United States has only 1 of ates, Washington, D.C. will have more than doubled that con- the top 10 companies manufacturing ROBERT W. FRI, Resources for the Fu- centration and another century hence solar energy components and only 1 of ture, Washington, D.C. the top 10 companies manufacturing JAMES E. GERINGER, Environmental another 300 points up, that is a very Systems Research Institute, Cheyenne, Wyo- significant—indeed, an epic—shift. wind turbines. Half of America’s installed wind tur- ming These carbon concentrations are out- DENNIS L. HARTMANN, University of side the bounds not of the last 8,000 bines were manufactured overseas. Portsmouth, RI, has installed two wind Washington, Seattle centuries but of millions of years of CHARLES O. HOLLIDAY, JR., DuPont this planet’s history. turbines. One was manufactured by a (Ret.), Nashville, Tennessee The National Academy of Science re- Danish company. The other was manu- KATHARINE L. JACOBS,* Arizona Water port warns us this way as well: factured by an Austrian company, its Institute, Tucson In addition to the potential impacts that components delivered to Rhode Island THOMAS KARL,* NOAA, Asheville, North we are able to identify, there is a real possi- by a Canadian distributor. Imagine if Carolina bility of impacts that have not been antici- we drove demand for domestic manu- DIANA M. LIVERMAN, University of Ari- pated. facturing of wind turbines, of solar zona, Tucson, and University of Oxford, UK Let me say that again: cells and panels, of rechargeable bat- PAMELA A. MATSON, Stanford Univer- sity, California In addition to the potential impacts that teries. Imagine the people we could put PETER H. RAVEN, Missouri Botanical we are able to identify, there is a real possi- back to work, the factories we could Garden, St. Louis bility of impacts that have not been antici- reopen, the energy this growth would RICHARD SCHMALENSEE, Massachusetts pated. infuse into our economy. Institute of Technology, Cambridge When we travel outside a range that The new energy economy that beck- PHILIP R. SHARP, Resources for the Fu- has protected our species and our plan- ons us has been described in congres- ture, Washington, D.C. et for 8,000 centuries, we create forces sional testimony as bigger than the PEGGY M. SHEPARD, WE ACT for Envi- that are hard to anticipate and, con- tech revolution that brought us our ronmental Justice, New York, New York sequently, could create dangers that laptops and our iPads and these Black- ROBERT H. SOCOLOW, Princeton Univer- are hard to anticipate. Berries, and the Internet services that sity, New Jersey This National Academy of Sciences are now such an important part of our SUSAN SOLOMON, National Oceanic and report does not just stop at cataloging daily lives, whether we Twitter or go Atmospheric Administration, Boulder, Colo- the effects of climate change, however. on eBay or shop Amazon or do rado Facebook. In 15 years, that Internet BJORN STIGSON, World Business Council As requested by Congress and as indi- for Sustainable Development, Geneva, Swit- cated by the report’s title—‘‘America’s grew from nothing to a $1 trillion econ- zerland Climate Choices’’—the report lays out omy—a $1 trillion economy. By com- THOMAS J. WILBANKS, Oak Ridge Na- the choices we have moving forward, if parison, the global energy economy is tional Laboratory, Tennessee only we will acknowledge the facts of $6 trillion. We do not, as a country, PETER ZANDAN, Public Strategies, Inc., this problem and act responsibly. want to fall out of the race to control Austin, Texas The laws of nature, of course, do not that new energy economy. Yet that is Asterisks (*) denote members who resigned care if we are paying attention. Cli- exactly what we are doing. during the course of the study.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3677 FLANDERS FIELD ADDRESS The men who sacrificed everything at northeastern Pennsylvania to become Mr. CARDIN. Mr. President, on May Flanders Field—and who are commemorated the first law clerk to U.S. District so vividly through Colonel John McCrae’s 29 our colleague, the senior Senator Court Judge William J. Nealon. Jim’s poetic tribute, heard ’round the world—be- passion for public service led him to from Vermont, commemorated Memo- lieved that some things are worth fighting rial Day with a visit to Flanders Field for. run for Congress in 1964 and State sen- American Cemetery and Memorial in They knew that vanquishing tyranny, and ate in 1966. While he was not successful Waregem, Belgium. The Flanders re- defending the ideals our countries share, in those campaigns, Jim was gion, of course, was made famous by were among them. Of course those same val- undeterred in his efforts to serve the Canadian physician and LTC John ues are worth pursuing peacefully. Our obli- people of Pennsylvania. For the next 40 McCrae, who wrote the poem ‘‘In Flan- gation to our fallen, and to all of humanity, years, he was a close friend and an ders Fields’’ on May 3, 1915, after he is to use every peaceful means at our dis- ever-faithful supporter of my father witnessed the death of his friend, LT posal before committing any of our country- Robert P. Casey and me in all of our men to battle. campaigns for public office in Pennsyl- Alexis Helmer, 22 years old, the day be- We are here today to solemnly affirm that fore. While Senator LEAHY visited the we remember their sacrifice, and that we vania. Jim was a brilliant lawyer and cemetery, which serves as a resting will never forget. he had a very successful law practice in Scranton for many years. place for many American soldiers f killed during World War I, he made When my father was elected Gov- brief but eloquent remarks in honor of RECOGNIZING THE CARBONE AUTO ernor in 1986, Jim came to Harrisburg those brave men and women who have GROUP to serve the people, first as secretary of made the ultimate sacrifice for free- Mr. LEAHY. Mr. President, I would the Commonwealth and then as general dom and justice. His remarks follow like to bring to the Senate’s attention counsel. Jim’s friendship and counsel and I commend them to my colleagues the hard work, dedication, and perse- served Governor Casey well during his and everyone else who reads the CON- verance of the Carbone Auto Group in two terms. He handled his responsibil- GRESSIONAL RECORD as a most fitting Bennington, VT. The Carbone Auto ities with integrity and a deep commit- Memorial Day tribute: Group is celebrating its recent show- ment to public service. He believed, as We are gathered in a cemetery consecrated room expansion, where they have the Scriptures tell us, that ‘‘to whom by the sacrifice of soldiers of our countries merged their Ford, Hyundai, Honda, much is given, much is expected.’’ who died in the final days of what, in their and Toyota dealerships. After his years in State government, time, was called the ‘‘Great War’’ and ‘‘The From its first garage in 1933, to its 25 Jim welcomed me as a law partner. He War To End All Wars.’’ mentored me in life as much as in the It was a battle so fierce that almost a cen- franchises currently running across Vermont and central New York, the law. He understood the call to serve tury later, as we gaze across their places of and supported me generously when I rest, we can still feel their valor and their Carbone Auto Group is an award-win- decided to seek public office. anguish. These crosses, row on row, carry re- ning business that has garnered many Jim’s life was a life of hard work and membrance forward, and so does the annual regional and national accolades. Ap- service, faith and family. No personal reappearance of the poppies in these fields. proaching eight decades in business, Like the Vermonters who have fallen in or professional accomplishments out- the Carbone Auto Group deserves rec- Afghanistan and Iraq, and their numberless weighed the love he had for Celia, his ognition for its diligence in running comrades in conflicts before and after the children and 18 grandchildren. strife of these nearby battlefields, these such a prosperous family-owned busi- While we are all saddened that we brave soldiers made no appointment with ness. The company’s longevity and suc- cannot spend his birthday with him, we death. We hail these fallen patriots for cess is a testament to its dedicated braving the violence and tragedy of war. will be comforted that he leaves us his staff members and management—par- example. As his good friend Frank J. But more than that, we honor our fallen ticularly the founding partners, Joe here because they sacrificed all for a cause McDonnell said at Jim’s funeral mass, larger than themselves—defending human- Carbone and Phil Sacco. The hub of the Jim embodied the words from scripture ity, freedom, and the ties of family and auto group, Don-Al Management Com- that ‘‘a faithful friend is a sturdy shel- friendship that irrevocably bind our coun- pany, Inc., is now managed by third- ter; he who finds one has found a treas- tries together. generation family members Joe, Don, They were of a generation of Americans, ure.’’ For my family and many others Jr., Enessa, and Alex. in northeastern Pennsylvania, Jim Belgians, British, and French who fought, The Carbone Auto Group has helped shoulder to shoulder, and gave their all so we Haggerty was our faithful friend and, and others could live in freedom. hundreds of Vermonters purchase vehi- for his family, a sturdy shelter of car- Four of them were sons of the states of cles over the years, and it has created ing and love. Alabama and Iowa, which two of my Senate numerous Vermont jobs. I am pleased Happy Birthday, Jim. We miss you colleagues, who are here today, represent. to see this local business celebrate its every day. I am the second United States senator to recent expansion, and I wish them con- I ask to have printed in the RECORD speak at this solemn resting place. The first tinued success in the future. was Senator Francis Ryan Duffy of the state the Scranton Times obituary from Feb- of Wisconsin, who came to dedicate the chap- f ruary 11–13, 2011. el, 74 years ago. ADDITIONAL STATEMENTS The information follows. It is worth recalling what Senator Duffy JAMES J. HAGGERTY said here in 1937, as the spreading shadow of Attorney James J. Haggerty of Dunmore war was once again darkening Europe: REMEMBERING JAMES J. died Tuesday in Naples, Fla. His wife is the He said: former Cecelia Lynett. The couple would ‘‘If the boys who are buried out here could HAGGERTY have celebrated 45 years of marriage on Feb. sit up in their graves and speak to us today, ∑ Mr. CASEY. Mr. President, today I 19. it would be to give voice to the agonizing wish to pay tribute to the late James Born in Scranton, son of the late James J. question—‘Cannot some other means be and Margaret Kearney Haggerty Cummings, found to settle international disputes?’ ’’ J. Haggerty of Dunmore, PA. Jim was he was a graduate of Scranton Preparatory Just two years later the world was plunged my good friend and on Sunday, June 12, School, the College of the Holy Cross and into the Second World War, and every gen- he would have celebrated his 75th eration of Americans since has known war’s Georgetown University Law Center, where birthday. He died this past February 8. he was a member of the Law Review. He re- brutality. Jim and his wife Celia were married Across the globe, in the century since ceived honorary degrees from Villanova Uni- then, innocent civilians increasingly have for 40 years and they were the parents versity and the University of Scranton. Jim joined the ranks of those in uniform as the of seven loving children: Jean, Mauri, served active duty in the Army Infantry and victims of war. James, Matthew, Cecelia, Daniel and as a member of the Pennsylvania National Over the years, standing with families Kathleen. Guard and Army Reserve. Jim served as law from Vermont as they bid farewell to loved Jim was raised in Dunmore and grad- clerk to the Honorable William J. Nealon, ones sent away to fight, I have seen the ter- uated from Scranton Preparatory chief judge, U.S. District Court, Middle Dis- trict of Pennsylvania. A lifelong friend and rible costs: wives and children left alone, School. After graduating from the Col- parents who must bury a child. adviser to former Gov. Robert P. Casey, Jim Lives with so much possibility suddenly lege of the Holy Cross in 1957, Jim served as the secretary of the commonwealth cut short, as were those of the soldiers we graduated with honors from George- and later as general counsel to the late gov- honor here. town Law School. He returned home to ernor. At the time of his death, Jim was a

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3678 CONGRESSIONAL RECORD — SENATE June 9, 2011 partner in the Scranton law firm of Iwo Jima memorials. They traveled to Over the course of five decades, Mr. Haggerty, McDonnell & Hinton, formerly Arlington National Cemetery to lay a Craig has touched the lives of over Casey, Haggerty & McDonnell and later wreath on the Tomb of the Unknown 10,000 students. He had the pleasure, as Haggerty, McDonnell & O’Brien. He also served as president of the Lackawanna Coun- Soldier. few teachers do, of having his children, ty Bar Association and was a permanent World War II was one of America’s Michael and Shelley, as students. He member of the Third Circuit Judicial Con- greatest triumphs, but was also a con- taught Royce Badley, now his co- ference. Jim served as chairman of the board flict rife with individual sacrifice and worker and Academic Dean of Students of trustees for the University of Scranton tragedy. More than 60 million people for the Highline High School, and and Scranton Preparatory School. He was worldwide were killed, including 40 Shaya Calvo, now senior prosecuting president of the Friendly Sons of St. Patrick million civilians, and more than 400,000 attorney for King County. He has also of Lackawanna County and served as direc- American servicemembers were slain seen his share of tragedies, including tor of the Greater Scranton Chamber of during the long war. The ultimate vic- Commerce and the United Way of Lacka- losing students to conflicts in Viet- wanna County. Jim was also a member of the tory over enemies in the Pacific and in nam, Iraq, and Afghanistan. Yet he is board of directors at the Country Club of Europe is a testament to the valor of consistently reminded of the joy of Scranton and First National Community American soldiers, sailors, airmen and teaching, seeing it not only in the Bank. marines. The years 1941 to 1945 also young people he continues to help Jim was a loving and vibrant man, known witnessed an unprecedented mobiliza- today, but also in the frequent encoun- to close friends as ‘‘the Big Fella,’’ and rection of domestic industry, which sup- ters he has with former students in his ognized by countless others who had the plied our military on two distant privilege to befriend him as larger than life. day-to-day life. Jim had a renowned sense of humor and an fronts. It is important moments such as the ease with people that endeared him to all In Louisiana, there are roughly 21,000 retirement of a great teacher that we whose lives he touched. His infectious per- living WWII veterans, and each one has reflect on their impact on their school sonality was outdone by his impressive pro- a heroic tale of achieving the noble vic- and community. In assessing the leg- fessional accomplishments as a successful tory of freedom over tyranny. The old- acy of a teacher like Dave Craig, Henry lawyer. He was respected by his peers and re- est in this HonorAir group was born in Adams perhaps said it best: ‘‘a teacher vered by fellow members of the bar for his 1915 and 7 veterans on this HonorAir affects eternity; he can never tell honesty, ethics and fair dealing. He ranks flight were women. These veterans where his influence stops.’’ The legacy among the most loyal Dunmoreans and Democrats of all time. Loyalty was para- served in various branches of the mili- that Dave Craig leaves is one that has mount to his very being. Above all, Jim was tary—20 Army, 26 Navy, 12 Army Air positively affected the lives of thou- a devoted husband, father and grandfather Corps, 11 Marines, 1 Coast Guard, and 7 sands of young people, giving them one and the most positive role model to those he in women’s services. of the greatest gifts America can beloved so dearly. His favorite times were Our heroes served across the globe, stow upon its citizenry: the gift of edu- spent with his sons and friends golfing at the participating in major invasions such cation. As a teacher, Dave Craig has Country Club of Scranton, and he most rel- as those at Iwo Jima, Okinawa, Gua- served his school, his community, his ished time spent with family. Summers in dalcanal, Leyte, the Philippines, and country and most importantly his stu- Avalon, N.J. with his wife, children and southern France. One was a prisoner of grandchildren brought him indescribable joy. dents with enthusiasm and dedication. Jim’s generosity in life continued as an war who also received the Army of Oc- We should all be very thankful for his organ donor. cupation medal, while others fought in selfless devotion to Highline High Also surviving are seven children, Jean the historic Battle of the Bulge or at School. McGrath and husband, Christopher, Dun- Pearl Harbor during the infamous at- On behalf of all Washingtonians, we more; Mauri Collins and husband, Joseph, tack in 1941. Many of these veterans commend David for his many years of Scottsdale, Ariz.; James J. Haggerty, Jr. and have been decorated with honors such commitment to our State. His knowl- ´ fiancee, Wendy Lettieri, Scranton; Matthew as the Purple Heart or the Bronze Star edge, experience, and loyalty to edu- and wife, Christina O’Brien Haggerty, Scran- ton; Cecelia O’Rourke and husband, James, Medal. cation will be sorely missed. We con- New York, N.Y.; Daniel Haggerty and These men and women, who have gratulate David and wish he and his fiance´e, Meghan Stott, Wilkes-Barre; and given so much for our country, truly wife Paula the best of luck in their fu- Kathleen James and husband, Brian, Scran- represent our greatest generation. I ture endeavors.∑ ton; 18 grandchildren, James, Christopher, ask the Senate to join me in honoring f Cecelia, Nora and Margaret McGrath; Clare, these 77 veterans, all Louisiana heroes, Catherine, Cecelia, Rita and Elizabeth Col- that we welcomed to Washington on RECOGNIZING TOWLE’S lins; Abigail, Caroline, Cecelia and Matthew May 28 and Louisiana HonorAir for HARDWARE AND LUMBER STORE Haggerty; Brian, Patrick, Edward and Mar- making these trips a reality.∑ ∑ Ms. SNOWE. Mr. President, while our garet James; and several nieces and nephews. efforts here in Washington regarding He was also preceded in death by a brother, f small business are often focused on Joseph O. Haggerty; and his stepfather, John TRIBUTE TO DAVID CRAIG P. Cummings.∑ how to help start new companies, our ∑ Mrs. MURRAY. Mr. President on be- f economy also relies on those small half of Senator CANTWELL and myself, firms which have been in operation for HONORAIR it is with great privilege that I con- generation after generation. One such ∑ Ms. LANDRIEU. Mr. President, I gratulate a hard-working Washing- small business, Towle’s Hardware & wish to speak about a very special tonian, Mr. David Craig, on his well-de- Lumber Store in Dixfield, this week flight that just took place. The Lou- served retirement on June 23, 2011, celebrates its 100th anniversary. Today isiana HonorAir flight that came into after forty seven years of dedicated I commend Towle’s for its remarkable Washington on Saturday, May 28, in- service to the students of Highline achievement and highlight its tremen- cluded a group of 77 World War II vet- High School. dous story. erans from Louisiana. These veterans Mr. Craig taught business in class- Towle’s Hardware and Lumber Store visited the various memorials and room 216 at Highline High School for opened its doors in 1911 as C.H. Towle’s monuments that recognize the sac- his entire career. To put his extraor- Hardware, when Charles Towle pur- rifices of our Nation’s invaluable mili- dinary longevity in perspective, Mr. chased the former Stockbridge Hard- tary members. Craig’s first graduating class were 18 ware Store on Weld Street in Dixfield. Louisiana HonorAir, a group based in years old during the 1964–1965 school At that time, Towle’s offered its cus- Lafayette, LA, sponsored this latest year. During that same year, President tomers a wide variety of basic neces- trip—its 22nd flight—to the Nation’s Lyndon Johnson declared war on pov- sities, from paint, lumber, and tools, to Capital. The organization honors sur- erty and signed the 1964 Civil Rights cast iron stoves, electric and gas refrig- viving Louisiana World War II veterans Act; Beatlemania was sweeping the erators, and even John Deere tractors. by giving them an opportunity to see globe, and Muhammad Ali was named The Towle family considers the com- the memorials dedicated to their serv- the heavy weight champion of the pany’s long-term success and longevity ice. On this trip, the veterans visited world. Today, those 18-year-old stu- as byproducts of its work ethic, atten- the World War II, Korea, Vietnam and dents are now senior citizens. tion to customer service, and decision

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3679 to sell quality products at reasonable (RIN0648–BA54) received during adjournment Programs, Office of Sustainable Fisheries, prices. Indeed, over the years, the busi- of the Senate in the Office of the President Department of Commerce, transmitting, pur- ness has expanded in size, installed an of the Senate on June 2, 2011; to the Com- suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- ‘‘Fisheries of the Northeastern United elevator, and opened a package ship- tation. States; Northeast Skate Complex Fishery; ping operation in the 1980s. In the 1960s, EC–1992. A communication from the Dep- Framework Adjustment 1’’ (RIN0648–BA91) Towle’s joined American Hardware, one uty Assistant Administrator for Operations, received in the Office of the President of the of the Nation’s earlier co-operative Office of Sustainable Fisheries, Department Senate on June 6, 2011; to the Committee on hardware companies, and to this day it of Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. remains a member of True Value, with the report of a rule entitled ‘‘Fisheries of the EC–2000. A communication from the Dep- which American Hardware later Caribbean, Gulf of Mexico, and South Atlan- uty Assistant Administrator for Regulatory tic; Reef Fish Fishery of the Gulf of Mexico; merged. In 2008, Towle’s Hardware Programs, Office of Sustainable Fisheries, Greater Amberjack Management Measures’’ Department of Commerce, transmitting, pur- moved into a new 6,000-square-foot lo- (RIN0648–BA48) received in the Office of the suant to law, the report of a rule entitled cation just a few yards from the old lo- President of the Senate on June 6, 2011; to ‘‘Magnuson-Stevens Act Provisions; Fish- cation. That same year the family also the Committee on Commerce, Science, and eries Off West Coast States; Pacific Coast opened the Towle’s Corner Store to Transportation. Groundfish Fishery; Biennial Specifications serve the community in even more EC–1993. A communication from the Acting and Management Measures’’ ((RIN0648–BA01) ways. Director, Office of Sustainable Fisheries, De- (RIN0648–BA95)) received in the Office of the partment of Commerce, transmitting, pursu- President of the Senate on June 6, 2011; to This week, Towle’s is holding a week- ant to law, the report of a rule entitled long celebration of the company’s cen- the Committee on Commerce, Science, and ‘‘Fisheries of the Northeastern United Transportation. tennial. Events include free product States; Summer Flounder Fishery; Quota EC–2001. A communication from the Dep- giveaways, raffles for Towle’s gift cer- Transfer’’ (RIN0648–XA403) received during uty Assistant Administrator for Regulatory tificates and other prizes, and a rec- adjournment of the Senate in the Office of Programs, Office of Sustainable Fisheries, ognition ceremony for the company, the President of the Senate on June 2, 2011; Department of Commerce, transmitting, pur- which includes the presentation of a to the Committee on Commerce, Science, suant to law, the report of a rule entitled and Transportation. ‘‘Magnuson-Stevens Act Provisions; Fish- special plaque to Towle’s in honor of EC–1994. A communication from the Acting its centennial by officials from the eries Off West Coast States; Pacific Coast Director, Office of Sustainable Fisheries, De- Groundfish Fishery; Biennial Specifications town of Dixfield and True Value. partment of Commerce, transmitting, pursu- and Management Measures’’ (RIN0648–BA01) Small businesses like Towle’s Hard- ant to law, the report of a rule entitled received in the Office of the President of the ware are the heart and soul of our Na- ‘‘Fisheries of the Exclusive Economic Zone Senate on June 6, 2011; to the Committee on tion’s communities. Main Streets Off Alaska; Reallocation of Pacific Cod in Commerce, Science, and Transportation. the Bering Sea and Aleutian Islands Manage- across America are chock full of res- EC–2002. A communication from the Pro- ment Area’’ (RIN0648–XA442) received during gram Analyst, National Highway Traffic taurants, grocery stores, and shopping adjournment of the Senate in the Office of boutiques which provide citizens with Safety Administration, Department of the President of the Senate on June 2, 2011; Transportation, transmitting, pursuant to the goods and wares they need. Towle’s to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Federal Hardware and Lumber is a prime exam- and Transportation. Motor Vehicle Safety Standards No. 218; Mo- EC–1995. A communication from the Acting ple of a small business that has per- torcycle Helmets Upgrade’’ (RIN2127–AK15) Director, Office of Sustainable Fisheries, De- severed through turbulent economic received in the Office of the President of the partment of Commerce, transmitting, pursu- Senate on May 25, 2011; to the Committee on times—from the Great Depression to ant to law, the report of a rule entitled Commerce, Science, and Transportation. the most recent recession—time and ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–2003. A communication from the Senior time again. I congratulate everyone at and South Atlantic; Coastal Migratory Pe- Program Analyst, Federal Aviation Adminis- lagic Resources of the Gulf of Mexico and Towle’s for their major milestone and tration, Department of Transportation, South Atlantic’’ (RIN0648–XA195) received in wish them many more years of accom- transmitting, pursuant to law, the report of the Office of the President of the Senate on plishment.∑ a rule entitled ‘‘Airworthiness Directives; June 6, 2011; to the Committee on Commerce, The Boeing Company Model 747–100, 747–100B, f Science, and Transportation. 747–100B SUD, 747–200B, 747–300C, 747–200F, MESSAGES FROM THE PRESIDENT EC–1996. A communication from the Dep- uty Assistant Administrator for Regulatory 747–300, 747SR, and 747SP Series Airplanes’’ Messages from the President of the Programs, Office of Sustainable Fisheries, ((RIN2120–AA64) (Docket No. FAA–2008–1098)) United States were communicated to Department of Commerce, transmitting, pur- received during adjournment of the Senate suant to law, the report of a rule entitled in the Office of the President of the Senate the Senate by Mr. Pate, one of his sec- on June 2, 2011; to the Committee on Com- retaries. ‘‘Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mam- merce, Science, and Transportation. f mals Incidental to Training Operations Con- EC–2004. A communication from the Senior ducted Within the Gulf of Mexico Range Program Analyst, Federal Aviation Adminis- EXECUTIVE MESSAGES REFERRED Complex’’ (RIN0648–XA86) received during tration, Department of Transportation, As in executive session the Presiding adjournment of the Senate in the Office of transmitting, pursuant to law, the report of the President of the Senate on June 1, 2011; a rule entitled ‘‘Airworthiness Directives; Officer laid before the Senate messages British Aerospace Regional Aircraft Model from the President of the United to the Committee on Commerce, Science, and Transportation. HP.137 Jetstream Mk.1, Jetstream Series 200, States submitting sundry nominations EC–1997. A communication from the Dep- Jetstream Series 3101, and Jetstream Model and a withdrawal which were referred uty Assistant Administrator for Regulatory 3201 Airplanes’’ ((RIN2120–AA64) (Docket No. to the appropriate committees. Programs, Office of Sustainable Fisheries, FAA–2011–0230)) received during adjournment (The nominations received today are Department of Commerce, transmitting, pur- of the Senate in the Office of the President printed at the end of the Senate pro- suant to law, the report of a rule entitled of the Senate on June 2, 2011; to the Com- ceedings.) ‘‘Fisheries Off West Coast States; West Coast mittee on Commerce, Science, and Transpor- Salmon Fisheries; 2011 Management Meas- tation. f ures’’ (RIN0648–XA184) received in the Office EC–2005. A communication from the Senior Program Analyst, Federal Aviation Adminis- EXECUTIVE AND OTHER of the President of the Senate on June 6, 2011; to the Committee on Commerce, tration, Department of Transportation, COMMUNICATIONS Science, and Transportation. transmitting, pursuant to law, the report of The following communications were EC–1998. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; laid before the Senate, together with Program Analyst, Federal Aviation Adminis- Eurocopter France Model AS350B, B1, B2, B3, accompanying papers, reports, and doc- tration, Department of Transportation, BA, and EC130 B4 Helicopters’’ ((RIN2120– transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2010–1228)) received uments, and were referred as indicated: a rule entitled ‘‘Airworthiness Directives; during adjournment of the Senate in the Of- EC–1991. A communication from the Dep- Agusta S.p.A. Model AB412 Helicopters’’ fice of the President of the Senate on June 2, uty Assistant Administrator for Operations, ((RIN2120–AA64) (Docket No. FAA–2011–0452)) 2011; to the Committee on Commerce, Office of Sustainable Fisheries, Department received during adjournment of the Senate Science, and Transportation. of Commerce, transmitting, pursuant to law, in the Office of the President of the Senate EC–2006. A communication from the Senior the report of a rule entitled ‘‘Fisheries of the on June 2, 2011; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Caribbean, Gulf of Mexico, and South Atlan- merce, Science, and Transportation. tration, Department of Transportation, tic; Reef Fish Fishery of the Gulf of Mexico; EC–1999. A communication from the Dep- transmitting, pursuant to law, the report of Red Snapper Management Measures’’ uty Assistant Administrator for Regulatory a rule entitled ‘‘Airworthiness Directives;

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3680 CONGRESSIONAL RECORD — SENATE June 9, 2011 PIAGGIO AERO INDUSTRIES S.p.A Model EC–2015. A communication from the Attor- ant to law, the report of a rule entitled P–180 Airplanes’’ ((RIN2120–AA64) (Docket ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Fourth Annual Offshore Chal- No. FAA–2011–0468)) received during adjourn- of Homeland Security, transmitting, pursu- lenge, Sunny Isles Beach, FL’’ ((RIN1625– ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled AA00)(Docket No. USCG–2011–0034)) received dent of the Senate on June 2, 2011; to the ‘‘Safety Zone; Fleet Week Maritime Fes- in the Office of the President of the Senate Committee on Commerce, Science, and tival, Pier 66, Elliott Bay, Seattle, WA’’ on June 6, 2011; to the Committee on Com- Transportation. ((RIN1625–AA00) (Docket No. USCG–2010– merce, Science, and Transportation. EC–2007. A communication from the Senior 0062)) received in the Office of the President EC–2024. A communication from the Attor- Program Analyst, Federal Aviation Adminis- of the Senate on June 6, 2011; to the Com- ney Advisor, U.S. Coast Guard, Department tration, Department of Transportation, mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of tation. ant to law, the report of a rule entitled a rule entitled ‘‘Standard Instrument Ap- EC–2016. A communication from the Attor- ‘‘Safety Zone; Ford Estate Wedding Fire- proach Procedures (68); Amdt. No. 3427’’ ney Advisor, U.S. Coast Guard, Department works, Lake St. Clair, Grosse Pointe Shores, (RIN2120–AA65) received during adjournment of Homeland Security, transmitting, pursu- MI’’ ((RIN1625–AA00)(Docket No. USCG–2011– of the Senate in the Office of the President ant to law, the report of a rule entitled 0165)) received in the Office of the President of the Senate on June 2, 2011; to the Com- ‘‘Safety Zone; Marysville Days Fireworks, of the Senate on June 6, 2011; to the Com- mittee on Commerce, Science, and Transpor- St. Clair River, Marysville, MI’’ ((RIN1625– mittee on Commerce, Science, and Transpor- tation. AA00) (Docket No. USCG–2011–0190)) received tation. EC–2008. A communication from the Senior in the Office of the President of the Senate EC–2025. A communication from the Attor- Program Analyst, Federal Aviation Adminis- on June 6, 2011; to the Committee on Com- ney Advisor, U.S. Coast Guard, Department tration, Department of Transportation, merce, Science, and Transportation. of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of EC–2017. A communication from the Attor- ant to law, the report of a rule entitled a rule entitled ‘‘Standard Instrument Ap- ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Big Rock Blue Marlin Air proach Procedures (84); Amdt. No. 3426’’ of Homeland Security, transmitting, pursu- Show; Bogue Sound, Morehead City, NC’’ (RIN2120–AA65) received during adjournment ant to law, the report of a rule entitled ((RIN1625–AA00)(Docket No. USCG–2011– of the Senate in the Office of the President ‘‘Safety Zone; Wicomico Community Fire- 0168)) received in the Office of the President of the Senate on June 2, 2011; to the Com- works, Great Wicomico River, Mila, VA’’ of the Senate on June 6, 2011; to the Com- mittee on Commerce, Science, and Transpor- ((RIN1625–AA00) (Docket No. USCG–2011– mittee on Commerce, Science, and Transpor- tation. 0390)) received in the Office of the President tation. EC–2009. A communication from the Senior of the Senate on June 6, 2011; to the Com- EC–2026. A communication from the Attor- Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- tration, Department of Transportation, tation. transmitting, pursuant to law, the report of EC–2018. A communication from the Attor- ant to law, the report of a rule entitled a rule entitled ‘‘Standard Instrument Ap- ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Pierce County Department of proach Procedures (97); Amdt. No. 3424’’ of Homeland Security, transmitting, pursu- Emergency Management Regional Water Ex- (RIN2120–AA65) received in the Office of the ant to law, the report of a rule entitled ercise, East Passage, Tacoma, WA’’ President of the Senate on May 25, 2011; to ‘‘Safety Zone; Underwater Hazard, Graves- ((RIN1625–AA00)(Docket No. USCG–2011– the Committee on Commerce, Science, and end Bay, Brooklyn, NY’’ ((RIN1625–AA00) 0251)) received in the Office of the President Transportation. (Docket No. USCG–2010–1126)) received in the of the Senate on June 6, 2011; to the Com- mittee on Commerce, Science, and Transpor- EC–2010. A communication from the Senior Office of the President of the Senate on June tation. Program Analyst, Federal Aviation Adminis- 6, 2011; to the Committee on Commerce, EC–2027. A communication from the Attor- tration, Department of Transportation, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of EC–2019. A communication from the Attor- of Homeland Security, transmitting, pursu- a rule entitled ‘‘Standard Instrument Ap- ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled proach Procedures (12); Amdt. No. 3425’’ of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Repair of High Voltage Trans- (RIN2120–AA65) received during adjournment ant to law, the report of a rule entitled mission Lines to Logan International Air- of the Senate in the Office of the President ‘‘Safety Zone; Air Power Over Hampton port, Saugus River, Saugus, MA’’ ((RIN1625– of the Senate on May 25, 2011; to the Com- Roads, Back River, Hampton, VA’’ ((RIN1625– AA00)(Docket No. USCG–2011–0297)) received mittee on Commerce, Science, and Transpor- AA00)(Docket No. USCG–2011–0288)) received in the Office of the President of the Senate tation. in the Office of the President of the Senate on June 6, 2011; to the Committee on Com- EC–2011. A communication from the Attor- on June 6, 2011; to the Committee on Com- merce, Science, and Transportation. ney, U.S. Coast Guard, Department of Home- merce, Science, and Transportation. EC–2028. A communication from the Attor- land Security, transmitting, pursuant to EC–2020. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Safety ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Zone; Ohio River, Sewickley, PA’’ ((RIN1625– of Homeland Security, transmitting, pursuant to law, the report of a rule entitled AA00) (Docket No. USCG–2011–0253)) received ant to law, the report of a rule entitled ‘‘Safety Zone; Coughlin Wedding Fireworks, in the Office of the President of the Senate ‘‘Safety Zone; Blue Crab Festival Fireworks Lake St. Clair, Harrison Township, MI’’ on June 6, 2011; to the Committee on Com- Display, Little River, Little River, SC’’ ((RIN1625–AA00)(Docket No. USCG–2011– merce, Science, and Transportation. ((RIN1625–AA00)(Docket No. USCG–2011– 0164)) received in the Office of the President EC–2012. A communication from the Attor- 0097)) received in the Office of the President of the Senate on June 6, 2011; to the Com- ney, U.S. Coast Guard, Department of Home- of the Senate on June 6, 2011; to the Com- mittee on Commerce, Science, and Transpor- land Security, transmitting, pursuant to mittee on Commerce, Science, and Transpor- tation. law, the report of a rule entitled ‘‘Safety tation. EC–2029. A communication from the Attor- Zone; Coast Guard Use of Force Training Ex- EC–2021. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department ercises, San Pablo Bay, CA’’ ((RIN1625–AA00) ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- (Docket No. USCG–2009–0324)) received in the of Homeland Security, transmitting, pursuant to law, the report of a rule entitled Office of the President of the Senate on June ant to law, the report of a rule entitled ‘‘Safety Zone; 2011 Memorial Day Tribute 6, 2011; to the Committee on Commerce, ‘‘Safety Zone; Second Annual Space Coast Fireworks, Lake Charlevoix, Boyne City, Science, and Transportation. Super Boat Grand Prix, Atlantic Ocean, MI’’ ((RIN1625–AA008)(Docket No. USCG– EC–2013. A communication from the Attor- Cocoa Beach, FL’’ ((RIN1625–AA00)(Docket 2011–0325)) received in the Office of the Presi- ney, U.S. Coast Guard, Department of Home- No. USCG–2011–0143)) received in the Office of dent of the Senate on June 6, 2011; to the land Security, transmitting, pursuant to the President of the Senate on June 6, 2011; Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Safety to the Committee on Commerce, Science, Transportation. Zone; Red River’’ ((RIN1625–AA00) (Docket and Transportation. EC–2030. A communication from the Attor- No. USCG–2011–0260)) received in the Office of EC–2022. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department the President of the Senate on June 6, 2011; ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- to the Committee on Commerce, Science, of Homeland Security, transmitting, pursuant to law, the report of a rule entitled and Transportation. ant to law, the report of a rule entitled ‘‘Safety Zone; Catawba Island Club Fire- EC–2014. A communication from the Attor- ‘‘Safety Zones; Bellingham Bay, Bellingham, works, Catawba Island Club, Port Clinton, ney, U.S. Coast Guard, Department of Home- WA and Lake Union, Seattle, WA’’ OH’’ ((RIN1625–AA00)(Docket No. USCG–2011– land Security, transmitting, pursuant to ((RIN1625–AA00)(Docket No. USCG–2011– 0216)) received in the Office of the President law, the report of a rule entitled ‘‘Safety 0250)) received in the Office of the President of the Senate on June 6, 2011; to the Com- Zone; Fireworks Display Kanawha River, of the Senate on June 6, 2011; to the Com- mittee on Commerce, Science, and Transpor- WV’’ ((RIN1625–AA00) (Docket No. USCG– mittee on Commerce, Science, and Transpor- tation. 2010–1015)) received in the Office of the Presi- tation. EC–2031. A communication from the Attor- dent of the Senate on June 6, 2011; to the EC–2023. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Transportation. of Homeland Security, transmitting, pursuant to law, the report of a rule entitled

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3681 ‘‘Safety Zone; Newport River; Morehead No. FAA–2011–0432)) received in the Office of to the Committee on Commerce, Science, City, NC’’ ((RIN1625–AA00)(Docket No. the President of the Senate on May 25, 2011; and Transportation. USCG–2011–0184)) received in the Office of the to the Committee on Commerce, Science, EC–2048. A communication from the Attor- President of the Senate on June 6, 2011; to and Transportation. ney Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and EC–2040. A communication from the Senior of Homeland Security, transmitting, pursu- Transportation. Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Spe- EC–2032. A communication from the Attor- tration, Department of Transportation, cial Local Regulation; Allegheny River, ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of Pittsburgh, PA’’ ((RIN1625–AA08)(Docket No. of Homeland Security, transmitting, pursu- a rule entitled ‘‘Revocation of Class E Air- USCG–2011–0160)) received in the Office of the ant to law, the report of a rule entitled ‘‘Se- space; Gruver Cluck Ranch Airport, TX’’ President of the Senate on June 6, 2011; to curity Zone; Vessels Carrying Hazardous ((RIN2120–AA66)(Docket No. FAA–2011–0272)) the Committee on Commerce, Science, and Cargo, Sector Columbia River Captain of the received in the Office of the President of the Transportation. Port Zone’’ ((RIN1625–AA87)(Docket No. Senate on May 25, 2011; to the Committee on EC–2049. A communication from the Attor- USCG–2009–1134)) received in the Office of the Commerce, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department President of the Senate on June 6, 2011; to EC–2041. A communication from the Senior of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Dis- Transportation. tration, Department of Transportation, establishing Special Anchorage Area 2; Ash- EC–2033. A communication from the Senior transmitting, pursuant to law, the report of ley River, Charleston, SC’’ ((RIN1625– Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class D and AA01)(Docket No. USCG–2008–0852)) received tration, Department of Transportation, Class E Airspace; Idaho Falls, ID’’ ((RIN2120– in the Office of the President of the Senate transmitting, pursuant to law, the report of AA66)(Docket No. FAA–2011–0023)) received on June 6, 2011; to the Committee on Com- a rule entitled ‘‘Amendment of Class D and in the Office of the President of the Senate merce, Science, and Transportation. Class E Airspace; Livermore, CA’’ ((RIN2120– on May 25, 2011; to the Committee on Com- EC–2050. A communication from the Attor- AA66)(Docket No. FAA–2010–1264)) received merce, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department during adjournment of the Senate in the Of- EC–2042. A communication from the Senior of Homeland Security, transmitting, pursu- fice of the President of the Senate on June 2, Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled 2011; to the Committee on Commerce, tration, Department of Transportation, ‘‘Drawbridge Operation Regulation; Isle of Science, and Transportation. transmitting, pursuant to law, the report of Wight (Sinepuxent) Bay, Ocean City, MD’’ EC–2034. A communication from the Senior a rule entitled ‘‘Amendment of Class D and ((RIN1625–AA09)(Docket No. USCG–2010– Program Analyst, Federal Aviation Adminis- Class E Airspace; Livermore, CA’’ ((RIN2120– 0612)) received in the Office of the President tration, Department of Transportation, AA66)(Docket No. FAA–2010–1264)) received of the Senate on June 6, 2011; to the Com- transmitting, pursuant to law, the report of in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Modification of Class E Air- on May 25, 2011; to the Committee on Com- tation. EC–2051. A communication from the Attor- space; Poplar, MT’’ ((RIN2120–AA66)(Docket merce, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department No. FAA–2011–0016)) received during adjourn- EC–2043. A communication from the Attor- of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- dent of the Senate on June 2, 2011; to the of Homeland Security, transmitting, pursu- cial Local Regulations; Miami Super Boat Committee on Commerce, Science, and ant to law, the report of a rule entitled Grand Prix, Miami Beach, FL’’ ((RIN1625– Transportation. ‘‘Temporary Change of Dates for Recurring EC–2035. A communication from the Senior Marine Event in the Fifth Coast Guard Dis- AA08)(Docket No. USCG–2011–0289)) received in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- trict; Elizabeth River, Norfolk, VA’’ on June 6, 2011; to the Committee on Com- tration, Department of Transportation, ((RIN1625–AA08)(Docket No. USCG–2011– merce, Science, and Transportation. transmitting, pursuant to law, the report of 0392)) received in the Office of the President EC–2052. A communication from the Attor- a rule entitled ‘‘Establishment of Class E of the Senate on June 6, 2011; to the Com- ney Advisor, U.S. Coast Guard, Department Airspace; Kenbridge, VA’’ ((RIN2120– mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- AA66)(Docket No. FAA–2011–0160)) received tation. ant to law, the report of a rule entitled ‘‘Spe- EC–2044. A communication from the Attor- during adjournment of the Senate in the Of- cial Local Regulations for Marine Events; ney Advisor, U.S. Coast Guard, Department fice of the President of the Senate on June 2, Chester River, Chestertown, MD’’ ((RIN1625– of Homeland Security, transmitting, pursu- 2011; to the Committee on Commerce, AA08)(Docket No. USCG–2011–0126)) received Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- in the Office of the President of the Senate EC–2036. A communication from the Senior cial Local Regulations for Marine Events; on June 6, 2011; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Patapsco River, Northwest Harbor, Balti- merce, Science, and Transportation. tration, Department of Transportation, more, MD’’ ((RIN1625–AA08)(Docket No. EC–2053. A communication from the Senior transmitting, pursuant to law, the report of USCG–2011–0182)) received in the Office of the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class E Air- President of the Senate on June 6, 2011; to tration, Department of Transportation, space; Brunswick Malcolm–McKinnon Air- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of port, GA’’ ((RIN2120–AA66)(Docket No. FAA– Transportation. a rule entitled ‘‘Airworthiness Directives; 2010–0949)) received during adjournment of EC–2045. A communication from the Attor- Bombardier, Inc. Model DHC–8–400 Series the Senate in the Office of the President of ney Advisor, U.S. Coast Guard, Department Airplanes’’ ((RIN2120–AA64)(Docket No. the Senate on June 2, 2011; to the Committee of Homeland Security, transmitting, pursu- FAA–2011–0043)) received during adjournment on Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- of the Senate in the Office of the President EC–2037. A communication from the Senior cial Local Regulation; Olympia Harbor Days of the Senate on June 2, 2011; to the Com- Program Analyst, Federal Aviation Adminis- Tug Boat Races, Budd Inlet, WA’’ ((RIN1625– mittee on Commerce, Science, and Transpor- tration, Department of Transportation, AA08)(Docket No. USCG–2010–1024)) received tation. transmitting, pursuant to law, the report of in the Office of the President of the Senate EC–2054. A communication from the Senior a rule entitled ‘‘Amendment of Class D and on June 6, 2011; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Class E Airspace; Palmdale, CA’’ ((RIN2120– merce, Science, and Transportation. tration, Department of Transportation, AA66)(Docket No. FAA–2010–1241)) received EC–2046. A communication from the Attor- transmitting, pursuant to law, the report of during adjournment of the Senate in the Of- ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Airworthiness Directives; fice of the President of the Senate on June 2, of Homeland Security, transmitting, pursu- The Boeing Company Model 747–400, 747–400D, 2011; to the Committee on Commerce, ant to law, the report of a rule entitled and 747–400F Series Airplanes Equipped with Science, and Transportation. ‘‘Drawbridge Operation Regulation; Atlantic General Electric CF6–80C2 or Pratt and Whit- EC–2038. A communication from the Senior Intracoastal Waterway (AIWW), at ney PW4000 Series Engines’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- Wrightsville Beach, NC; Cape Fear and AA64)(Docket No. FAA–2010–0706)) received tration, Department of Transportation, Northeast Cape Fear River, at Wilmington, during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of NC’’ ((RIN1625–AA09)(Docket No. USCG–2010– fice of the President of the Senate on June 2, a rule entitled ‘‘Amendment of Class E Air- 1139)) received in the Office of the President 2011; to the Committee on Commerce, space; McCall, ID’’ ((RIN2120–AA66)(Docket of the Senate on June 6, 2011; to the Com- Science, and Transportation. No. FAA–2011–0097)) received in the Office of mittee on Commerce, Science, and Transpor- EC–2055. A communication from the Senior the President of the Senate on May 25, 2011; tation. Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, EC–2047. A communication from the Attor- tration, Department of Transportation, and Transportation. ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of EC–2039. A communication from the Senior of Homeland Security, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Re- Airbus Model A300 and A310 Series Airplanes, tration, Department of Transportation, organization of Sector North Carolina; Tech- and Model A300 B4–600, B4–600R, and F4–600R transmitting, pursuant to law, the report of nical Amendment’’ ((RIN1625–ZA30)(Docket Series Airplanes, and Model C4–605R Variant a rule entitled ‘‘Revocation of Class E Air- No. USCG–2011–0368)) received in the Office of F Airplanes (Collectively Called A300–600 Se- space; Ozark, MO’’ ((RIN2120–AA66)(Docket the President of the Senate on June 6, 2011; ries Airplanes)’’ ((RIN2120–AA64)(Docket No.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3682 CONGRESSIONAL RECORD — SENATE June 9, 2011 FAA–2011–0030)) received in the Office of the transmitting, pursuant to law, the report of S. 762. A bill to improve the Federal Acqui- President of the Senate on May 25, 2011; to a rule entitled ‘‘Airworthiness Directives; sition Institute (Rept. No. 112–21). the Committee on Commerce, Science, and Airbus Model A310 Series Airplanes’’ f Transportation. ((RIN2120–AA64)(Docket No. FAA–2010–1274)) EC–2056. A communication from the Senior received in the Office of the President of the EXECUTIVE REPORTS OF Program Analyst, Federal Aviation Adminis- Senate on May 25, 2011; to the Committee on COMMITTEES tration, Department of Transportation, Commerce, Science, and Transportation. The following executive reports of transmitting, pursuant to law, the report of EC–2064. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- nominations were submitted: DASSAULT AVIATION Model MYSTERE– tration, Department of Transportation, By Mrs. BOXER for the Committee on En- FALCON 50 AIRPLANES’’ ((RIN2120– transmitting, pursuant to law, the report of vironment and Public Works. AA64)(Docket No. FAA–2011–0042)) received a rule entitled ‘‘Airworthiness Directives; *Richard C. Howorth, of Mississippi, to be in the Office of the President of the Senate Airbus Model A310 Series Airplanes’’ a Member of the Board of Directors of the on May 25, 2011; to the Committee on Com- ((RIN2120–AA64)(Docket No. FAA–2010–1275)) Tennessee Valley Authority for a term expir- merce, Science, and Transportation. received in the Office of the President of the ing May 18, 2015. EC–2057. A communication from the Senior Senate on May 25, 2011; to the Committee on *William Charles Ostendorff, of Virginia, Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. to be a Member of the Nuclear Regulatory tration, Department of Transportation, EC–2065. A communication from the Senior Commission for the term of five years expir- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- ing June 30, 2016. a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, By Mr. LEAHY for the Committee on the Cessna Aircraft Company Models 150, 152, 170, transmitting, pursuant to law, the report of Judiciary. Felicia C. Adams, of Mississippi, to be 172, 175, 177, 180, 182, 185, 188, 190, 195, 206, 207, a rule entitled ‘‘Airworthiness Directives; United States Attorney for the Northern Dis- 210, T303, 336, and 337 Airplanes’’ ((RIN2120– Airbus Model A310 Series Airplanes’’ trict of Mississippi for the term of four AA64)(Docket No. FAA–2010–1101)) received ((RIN2120–AA64)(Docket No. FAA–2010–1276)) years. in the Office of the President of the Senate received in the Office of the President of the Ronald W. Sharpe, of the Virgin Islands, to on May 25, 2011; to the Committee on Com- Senate on May 25, 2011; to the Committee on be United States Attorney for the District of merce, Science, and Transportation. Commerce, Science, and Transportation. the Virgin Islands for the term of four years. EC–2058. A communication from the Senior EC–2066. A communication from the Senior George Lamar Beck, Jr., of Alabama, to be Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- United States Attorney for the Middle Dis- tration, Department of Transportation, tration, Department of Transportation, trict of Alabama for the term of four years. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; *Nomination was reported with rec- Diamond Aircraft Industries GmbH Models Empresa Brasileira de Aeronautica S.A. ommendation that it be confirmed sub- DA 42, DA 42 NG, and DA 42 M–NG Air- (EMBRAER) Model ERJ 170 Airplanes; and ject to the nominee’s commitment to planes’’ ((RIN2120–AA64)(Docket No. FAA– Model ERJ 190–100 STD, ERJ 190–100 LR, ERJ respond to requests to appear and tes- 2011–0185)) received in the Office of the Presi- 190–100 IGW, ERJ 190–200 STD, ERJ 190–200 tify before any duly constituted com- dent of the Senate on May 25, 2011; to the LR, and ERJ 190–200 IGW Airplanes’’ mittee of the Senate. Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. FAA–2011–0038)) (Nominations without an asterisk Transportation. received in the Office of the President of the EC–2059. A communication from the Senior Senate on May 25, 2011; to the Committee on were reported with the recommenda- Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. tion that they be confirmed.) tration, Department of Transportation, EC–2067. A communication from the Senior f transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, INTRODUCTION OF BILLS AND Hamilton Sundstrand Propellers Model 247F transmitting, pursuant to law, the report of JOINT RESOLUTIONS Propellers’’ ((RIN2120–AA64)(Docket No. a rule entitled ‘‘Airworthiness Directives; The following bills and joint resolu- FAA–2009–0113)) received in the Office of the Rolls Royce plc (RR) RB211–Trent 875–17, tions were introduced, read the first President of the Senate on May 25, 2011; to RB211–Trent 877–17, RB211–Trent 844–17, and second times by unanimous con- the Committee on Commerce, Science, and RB211–Trent 844B–17, RB211–Trent 892–17, Transportation. RB211–Trent 892B–17, and RB211–Trent 895–17 sent, and referred as indicated: EC–2060. A communication from the Senior Turbofan Engines’’ ((RIN2120–AA64)(Docket By Mr. GRASSLEY (for himself and Program Analyst, Federal Aviation Adminis- No. FAA–2010–0821)) received in the Office of Mr. JOHNSON of South Dakota): tration, Department of Transportation, the President of the Senate on May 25, 2011; S. 1161. A bill to amend the Food Security transmitting, pursuant to law, the report of to the Committee on Commerce, Science, Act of 1985 to restore integrity to and a rule entitled ‘‘Airworthiness Directives; and Transportation. strengthen payment limitation rules for Airbus Model A318–112, A319–111, A319–112, EC–2068. A communication from the Senior commodity payments and benefits; to the A319–115, A319–132, A319–133, A320–214, A320– Program Analyst, Federal Aviation Adminis- Committee on Agriculture, Nutrition, and 232, A320–233, A321–211, A321–213, and A321–231 tration, Department of Transportation, Forestry. Airplanes’’ ((RIN2120–AA64)(Docket No. transmitting, pursuant to law, the report of By Mr. DEMINT (for himself and Mrs. FAA–2011–0390)) received in the Office of the a rule entitled ‘‘Airworthiness Directives; MCCASKILL): President of the Senate on May 25, 2011; to Airbus Model A300 B4–600, B4–600R, and F4– S. 1162. A bill to authorize the Inter- the Committee on Commerce, Science, and 600R Series Airplanes, and Model C4–605R national Trade Commission to develop and Transportation. Variant F Airplanes (Collectively Called recommend legislation for temporarily sus- EC–2061. A communication from the Senior A300–600 Series Airplanes)’’ ((RIN2120– pending duties, and for other purposes; to Program Analyst, Federal Aviation Adminis- AA64)(Docket No. FAA–2011–0037)) received the Committee on Finance. tration, Department of Transportation, in the Office of the President of the Senate By Mr. DEMINT: transmitting, pursuant to law, the report of on May 25, 2011; to the Committee on Com- S. 1163. A bill to allow the Army Corps of a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Engineers to receive and expend non-Federal BURKHART GROB LUFT–UND Model G 103 EC–2069. A communication from the Senior amounts to carry out certain studies in the C Twin III SL Gliders’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- same manner that non-Federal amounts may AA64)(Docket No. FAA–2011–0127)) received tration, Department of Transportation, be used to carry out construction activities; in the Office of the President of the Senate transmitting, pursuant to law, the report of to the Committee on Environment and Pub- on May 25, 2011; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; lic Works. merce, Science, and Transportation. Rolls-Royce plc RB211–Trent 800 Series Tur- By Mr. DEMINT: EC–2062. A communication from the Senior bofan Engines’’ ((RIN2120–AA64)(Docket No. S. 1164. A bill to empower States with au- Program Analyst, Federal Aviation Adminis- FAA–2008–1165)) received in the Office of the thority for most taxing and spending for tration, Department of Transportation, President of the Senate on May 25, 2011; to highway programs and mass transit pro- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and grams, and for other purposes; to the Com- a rule entitled ‘‘Airworthiness Directives; Transportation. mittee on Finance. Airbus Model A310–203, –204, –222, –304, –322, By Mr. ROCKEFELLER (for himself and –324 Airplanes’’ ((RIN2120–AA64)(Docket f and Mr. PRYOR): No. FAA–2010–1273)) received in the Office of REPORTS OF COMMITTEES S. 1165. A bill to protect children and other the President of the Senate on May 25, 2011; consumers against hazards associated with to the Committee on Commerce, Science, The following reports of committees the accidental ingestion of button cell bat- and Transportation. were submitted: teries by requiring the Consumer Product EC–2063. A communication from the Senior By Mr. LIEBERMAN, from the Committee Safety Commission to promulgate consumer Program Analyst, Federal Aviation Adminis- on Homeland Security and Governmental Af- product safety standards to require child-re- tration, Department of Transportation, fairs, without amendment: sistant closures on remote controls and

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other consumer products that use such bat- essary to think critically and solve prob- S. 164 teries, and for other purposes; to the Com- lems, be an effective communicator, collabo- At the request of Mr. BROWN of Mas- mittee on Commerce, Science, and Transpor- rate with others, and learn to create and in- sachusetts, the name of the Senator tation. novate; to the Committee on Health, Edu- from Oklahoma (Mr. INHOFE) was added By Mrs. MURRAY (for herself, Mr. cation, Labor, and Pensions. as a cosponsor of S. 164, a bill to repeal AKAKA, Mr. BLUMENTHAL, Mr. BROWN By Ms. LANDRIEU (for herself, Mr. of Ohio, Mr. FRANKEN, Mr. HARKIN, GRAHAM, Mr. AKAKA, Mr. BEGICH, Mr. the imposition of withholding on cer- Mr. LAUTENBERG, Mr. ROCKEFELLER, BROWN of Massachusetts, Mr. CAR- tain payments made to vendors by gov- Mrs. SHAHEEN, and Mr. WHITEHOUSE): PER, Ms. COLLINS, Mrs. GILLIBRAND, ernment entities. S. 1166. A bill to amend the Occupational Mr. KIRK, Mr. LAUTENBERG, Mr. S. 281 Safety and Health Act of 1970 to expand cov- LEVIN, Mr. LIEBERMAN, Mr. MENEN- At the request of Mrs. HUTCHISON, the erage under the Act, to increase protections DEZ, Ms. MIKULSKI, Mr. SANDERS, and name of the Senator from Tennessee for whistleblowers, to increase penalties for Mr. SCHUMER): high gravity violations, to adjust penalties S. 1176. A bill to amend the Horse Protec- (Mr. ALEXANDER) was added as a co- for inflation, to provide rights for victims of tion Act to prohibit the shipping, trans- sponsor of S. 281, a bill to delay the im- family members, and for other purposes; to porting, moving, delivering, receiving, pos- plementation of the health reform law the Committee on Health, Education, Labor, sessing, purchasing, selling, or donation of in the United States until there is a and Pensions. horses and other equines to be slaughtered final resolution in pending lawsuits. By Mr. JOHNSON of South Dakota (for for human consumption, and for other pur- S. 311 himself and Mr. BINGAMAN): poses; to the Committee on Commerce, S. 1167. A bill to amend the Public Health Science, and Transportation. At the request of Mr. KERRY, the Service Act to improve the diagnosis and By Mr. BINGAMAN: name of the Senator from Connecticut treatment of hereditary hemorrhagic S. 1177. A bill to provide grants to States (Mr. BLUMENTHAL) was added as a co- telangiectasia, and for other purposes; to the to improve high schools and raise graduation sponsor of S. 311, a bill to provide for Committee on Health, Education, Labor, and rates while ensuring rigorous standards, to the coverage of medically necessary Pensions. develop and implement effective school mod- food under Federal health programs By Mrs. SHAHEEN (for herself and Mr. els for struggling students and dropouts, and and private health insurance. COCHRAN): to improve State policies to raise graduation S. 1168. A bill to authorize a national grant rates, and for other purposes; to the Com- S. 384 program for on-the-job training; to the Com- mittee on Health, Education, Labor, and At the request of Mrs. FEINSTEIN, the mittee on Health, Education, Labor, and Pensions. name of the Senator from North Caro- Pensions. By Mr. BINGAMAN (for himself, Mr. lina (Mrs. HAGAN) was added as a co- By Mr. NELSON of Nebraska: ROCKEFELLER, Mrs. MURRAY, and Mr. sponsor of S. 384, a bill to amend title S. 1169. A bill to provide for benchmarks to BLUMENTHAL): 39, United States Code, to extend the evaluate progress being made toward the S. 1178. A bill to reauthorize the Enhancing goal of transitioning security responsibil- Education Through Technology Act of 2001; authority of the United States Postal ities in Afghanistan to the Government of to the Committee on Health, Education, Service to issue a semipostal to raise Afghanistan; to the Committee on Foreign Labor, and Pensions. funds for breast cancer research. Relations. By Mr. BINGAMAN: S. 394 By Mrs. MURRAY (for herself and Mr. S. 1179. A bill to promote advanced place- At the request of Mr. KOHL, the name FRANKEN): ment and International Baccalaureate proof the Senator from Michigan (Ms. S. 1170. A bill to set the United States on grams; to the Committee on Health, Edu- track to ensure children are ready to learn cation, Labor, and Pensions. STABENOW) was added as a cosponsor of when they begin kindergarten; to the Com- S. 394, a bill to amend the Sherman Act f mittee on Health, Education, Labor, and to make oil-producing and exporting Pensions. SUBMISSION OF CONCURRENT AND cartels illegal. By Mr. SCHUMER (for himself, Ms. SENATE RESOLUTIONS S. 412 COLLINS, Mr. WHITEHOUSE, Mr. BINGA- At the request of Mr. LEVIN, the MAN, Mr. BROWN of Ohio, Ms. CANT- The following concurrent resolutions WELL, Mrs. MURRAY, Mr. and Senate resolutions were read, and name of the Senator from Georgia (Mr. BLUMENTHAL, Mrs. GILLIBRAND, Mr. referred (or acted upon), as indicated: ISAKSON) was added as a cosponsor of S. MERKLEY, Mr. LAUTENBERG, Mr. By Mr. HATCH (for himself, Mr. 412, a bill to ensure that amounts cred- WYDEN, Mr. FRANKEN, Mr. KERRY, LIEBERMAN, Mr. RUBIO, Mr. NELSON of ited to the Harbor Maintenance Trust and Ms. KLOBUCHAR): Nebraska, Mr. JOHANNS, Mr. WYDEN, Fund are used for harbor maintenance. S. 1171. A bill to amend the Internal Rev- Mr. MORAN, Mr. TOOMEY, Mr. INHOFE, S. 453 enue Code of 1986 to extend the exclusion Mr. BARRASSO, Mr. KIRK, Mr. BURR, At the request of Mr. BROWN of Ohio, from gross income for employer-provided Mr. CORNYN, Mr. KYL, Mr. LEE, Mr. health coverage for employees’ spouses and THUNE, Mr. PORTMAN, Mr. COATS, Mr. the name of the Senator from Virginia dependent children to coverage provided to COBURN, Ms. AYOTTE, Mr. BOOZMAN, (Mr. WEBB) was added as a cosponsor of other eligible dependent beneficiaries of em- Mr. BLUNT, Mr. BROWN of Massachu- S. 453, a bill to improve the safety of ployees; to the Committee on Finance. setts, Mr. VITTER, Mr. ROBERTS, Mr. motorcoaches, and for other purposes. By Mr. PRYOR: ENZI, Mr. ISAKSON, Ms. MURKOWSKI, S. 490 S. 1172. A bill to amend title 38, United Mr. WICKER, Mr. LUGAR, and Mr. At the request of Mr. AKAKA, the States Code, to improve the efficiency of the CHAMBLISS): appeals process under the United States S. Con. Res. 23. A concurrent resolution de- name of the Senator from West Vir- Court of Appeals for Veterans Claims by im- claring that it is the policy of the United ginia (Mr. ROCKEFELLER) was added as proving staff conferences directed by such States to support and facilitate Israel in a cosponsor of S. 490, a bill to amend Court, and for other purposes; to the Com- maintaining defensible borders and that it is title 38, United States Code, to increase mittee on Veterans’ Affairs. contrary to United States policy and na- the maximum age for children eligible By Mr. WYDEN (for himself and Mr. tional security to have the borders of Israel for medical care under the CHAMPVA CRAPO): return to the armistice lines that existed on program, and for other purposes. S. 1173. A bill to amend title XVIII of the June 4, 1967; to the Committee on Foreign Social Security Act to modernize payments Relations. S. 504 for ambulatory surgical centers under the At the request of Mr. DEMINT, the f Medicare program; to the Committee on Fi- name of the Senator from Texas (Mr. nance. ADDITIONAL COSPONSORS CORNYN) was added as a cosponsor of S. By Ms. STABENOW (for herself, Mr. S 119 504, a bill to preserve and protect the ROBERTS, Mr. NELSON of Florida, Mrs. . HAGAN, Mr. BURR, and Mr. KYL): At the request of Mr. VITTER, the free choice of individual employees to S. 1174. A bill to provide predictability and name of the Senator from Nevada (Mr. form, join, or assist labor organiza- certainty in the tax law, create jobs, and en- HELLER) was added as a cosponsor of S. tions, or to refrain from such activi- courage investment; to the Committee on Fi- 119, a bill to preserve open competition ties. nance. and Federal Government neutrality to- S. 581 By Mrs. HAGAN (for herself and Ms. wards the labor relations of Federal At the request of Mr. BURR, the name SNOWE): S. 1175. A bill to provide, develop, and sup- Government contractors on Federal of the Senator from Maryland (Ms. MI- port 21st century readiness initiatives that and federally funded construction KULSKI) was added as a cosponsor of S. assist students in acquiring the skills nec- projects. 581, a bill to amend the Child Care and

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3684 CONGRESSIONAL RECORD — SENATE June 9, 2011 Development Block Grant Act of 1990 Transportation Equity Act: A Legacy S. 968 to require criminal background checks for Users to reauthorize and improve At the request of Mr. LEAHY, the for child care providers. the safe routes to school program. name of the Senator from Tennessee S. 672 S. 810 (Mr. CORKER) was added as a cosponsor At the request of Mr. CRAPO, the At the request of Ms. CANTWELL, the of S. 968, a bill to prevent online name of the Senator from Georgia (Mr. name of the Senator from Ohio (Mr. threats to economic creativity and ISAKSON) was added as a cosponsor of S. BROWN) was added as a cosponsor of S. theft of intellectual property, and for 672, a bill to amend the Internal Rev- 810, a bill to prohibit the conducting of other purposes. enue Code of 1986 to extend and modify invasive research on great apes, and for S. 979 the railroad track maintenance credit. other purposes. At the request of Mr. DURBIN, the At the request of Mr. ROCKEFELLER, S. 815 name of the Senator from Iowa (Mr. the names of the Senator from Texas At the request of Ms. SNOWE, the HARKIN) was added as a cosponsor of S. (Mrs. HUTCHISON) and the Senator from names of the Senator from Maine (Ms. 979, a bill to designate as wilderness Pennsylvania (Mr. CASEY) were added COLLINS) and the Senator from Wyo- certain Federal portions of the red as cosponsors of S. 672, supra. ming (Mr. ENZI) were added as cospon- rock canyons of the Colorado Plateau S. 700 sors of S. 815, a bill to guarantee that and the Great Basin Deserts in the At the request of Ms. KLOBUCHAR, the military funerals are conducted with State of Utah for the benefit of present name of the Senator from Georgia (Mr. dignity and respect. and future generations of people in the CHAMBLISS) was added as a cosponsor of S. 834 United States. S. 700, a bill to amend the Internal At the request of Mr. CASEY, the S. 1009 Revenue Code of 1986 to permanently name of the Senator from Maine (Ms. At the request of Mr. RUBIO, the extend the treatment of certain farm- SNOWE) was added as a cosponsor of S. name of the Senator from Georgia (Mr. ing business machinery and equipment 834, a bill to amend the Higher Edu- ISAKSON) was added as a cosponsor of S. as 5-year property for purposes of de- cation Act of 1965 to improve education 1009, a bill to rescind certain Federal preciation. and prevention related to campus sex- funds identified by States as unwanted S. 737 ual violence, domestic violence, dating and use the funds to reduce the Federal At the request of Mr. MORAN, the violence, and stalking. debt. name of the Senator from Georgia (Mr. S. 871 S. 1018 CHAMBLISS) was added as a cosponsor of At the request of Mr. COBURN, the At the request of Mr. KERRY, the S. 737, a bill to replace the Director of name of the Senator from Connecticut names of the Senator from Washington the Bureau of Consumer Financial Pro- (Mr. LIEBERMAN) was added as a co- (Mrs. MURRAY) and the Senator from tection with a 5-person Commission, to sponsor of S. 871, a bill to repeal the South Dakota (Mr. JOHNSON) were bring the Bureau into the regular ap- Volumetric Ethanol Excise Tax Credit. added as cosponsors of S. 1018, a bill to propriations process, and for other pur- S. 876 amend title 10, United States Code, and poses. At the request of Mr. LAUTENBERG, the Ike Skelton National Defense Au- S. 752 the name of the Senator from Cali- thorization Act for Fiscal Year 2011 to At the request of Mrs. FEINSTEIN, the fornia (Mrs. FEINSTEIN) was added as a provide for implementation of addi- name of the Senator from Florida (Mr. cosponsor of S. 876, a bill to amend tional recommendations of the Defense NELSON) was added as a cosponsor of S. title 23 and 49, United States Code, to Task Force on Sexual Assault in the 752, a bill to establish a comprehensive modify provisions relating to the Military Services. interagency response to reduce lung length and weight limitations for vehi- S. 1025 cancer mortality in a timely manner. cles operating on Federal-aid high- At the request of Mr. LEAHY, the S. 755 ways, and for other purposes. name of the Senator from Montana At the request of Mr. WYDEN, the S. 886 (Mr. TESTER) was added as a cosponsor names of the Senator from Arkansas At the request of Mr. UDALL of New of S. 1025, a bill to amend title 10, (Mr. BOOZMAN) and the Senator from Mexico, the name of the Senator from United States Code, to enhance the na- Delaware (Mr. COONS) were added as co- Alaska (Mr. BEGICH) was added as a co- tional defense through empowerment sponsors of S. 755, a bill to amend the sponsor of S. 886, a bill to amend the of the National Guard, enhancement of Internal Revenue Code of 1986 to allow Interstate Horseracing Act of 1978 to the functions of the National Guard an offset against income tax refunds to prohibit the use of performance-en- Bureau, and improvement of Federal- pay for restitution and other State ju- hancing drugs in horseracing, and for State military coordination in domes- dicial debts that are past-due. other purposes. tic emergency response, and for other S. 782 S. 951 purposes. At the request of Mrs. BOXER, the At the request of Mrs. MURRAY, the S. 1030 name of the Senator from Oregon (Mr. names of the Senator from Colorado At the request of Ms. SNOWE, the WYDEN) was added as a cosponsor of S. (Mr. BENNET) and the Senator from names of the Senator from North Da- 782, a bill to amend the Public Works Maine (Ms. SNOWE) were added as co- kota (Mr. HOEVEN) and the Senator and Economic Development Act of 1965 sponsors of S. 951, a bill to improve the from Idaho (Mr. CRAPO) were added as to reauthorize that Act, and for other provision of Federal transition, reha- cosponsors of S. 1030, a bill to reform purposes. bilitation, vocational, and unemploy- the regulatory process to ensure that S. 798 ment benefits to members of the small businesses are free to compete At the request of Mr. TESTER, the Armed Forces and veterans, and for and to create jobs, and for other pur- name of the Senator from Oklahoma other purposes. poses. (Mr. INHOFE) was added as a cosponsor S. 960 S. 1048 of S. 798, a bill to provide an amnesty At the request of Mr. KERRY, the At the request of Mr. MENENDEZ, the period during which veterans and their name of the Senator from Maryland names of the Senator from Arizona family members can register certain (Mr. CARDIN) was added as a cosponsor (Mr. MCCAIN), the Senator from Kansas firearms in the National Firearms Reg- of S. 960, a bill to provide for a study (Mr. MORAN), the Senator from Mis- istration and Transfer Record, and for on issues relating to access to intra- souri (Mr. BLUNT), the Senator from other purposes. venous immune globulin (IVG) for Montana (Mr. TESTER) and the Senator S. 800 Medicare beneficiaries in all care set- from Mississippi (Mr. WICKER) were At the request of Mr. HARKIN, the tings and a demonstration project to added as cosponsors of S. 1048, a bill to name of the Senator from New Jersey examine the benefits of providing cov- expand sanctions imposed with respect (Mr. LAUTENBERG) was added as a co- erage and payment for items and serv- to the Islamic Republic of Iran, North sponsor of S. 800, a bill to amend the ices necessary to administer IVG in the Korea, and Syria, and for other pur- Safe, Accountable, Flexible, Efficient home. poses.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3685 S. 1066 S. RES. 180 390 proposed to S. 782, a bill to amend At the request of Mr. CRAPO, the At the request of Mr. LIEBERMAN, the the Public Works and Economic Devel- name of the Senator from Wyoming name of the Senator from Iowa (Mr. opment Act of 1965 to reauthorize that (Mr. ENZI) was added as a cosponsor of GRASSLEY) was added as a cosponsor of Act, and for other purposes. S. 1066, a bill to amend the Marine S. Res. 180, a resolution expressing sup- At the request of Mr. JOHANNS, his Mammal Protection Act of 1972 to port for peaceful demonstrations and name was added as a cosponsor of allow importation of polar bear tro- universal freedoms in Syria and con- amendment No. 390 proposed to S. 782, phies taken in sport hunts in Canada demning the human rights violations supra. before the date on which the polar bear by the Assad regime. AMENDMENT NO. 405 was determined to be a threatened spe- S. RES. 185 At the request of Mr. BROWN of Mas- cies under the Endangered Species Act At the request of Ms. COLLINS, the sachusetts, the names of the Senator of 1973. names of the Senator from Missouri from Louisiana (Mr. VITTER) and the S. 1094 (Mr. BLUNT) and the Senator from Mis- Senator from Oklahoma (Mr. INHOFE) At the request of Mr. MENENDEZ, the sissippi (Mr. COCHRAN) were added as were added as cosponsors of amend- names of the Senator from New Jersey cosponsors of S. Res. 185, a resolution ment No. 405 proposed to S. 782, a bill (Mr. LAUTENBERG), the Senator from reaffirming the commitment of the to amend the Public Works and Eco- California (Mrs. BOXER) and the Sen- United States to a negotiated settle- nomic Development Act of 1965 to reau- ator from Minnesota (Mr. FRANKEN) ment of the Israeli-Palestinian conflict thorize that Act, and for other pur- were added as cosponsors of S. 1094, a through direct Israeli-Palestinian ne- poses. bill to reauthorize the Combating Au- gotiations, reaffirming opposition to AMENDMENT NO. 406 tism Act of 2006 (Public Law 109–416). the inclusion of Hamas in a unity gov- At the request of Mrs. HUTCHISON, the S. 1147 ernment unless it is willing to accept name of the Senator from Mississippi peace with Israel and renounce vio- (Mr. COCHRAN) was added as a cospon- At the request of Mr. BLUMENTHAL, sor of amendment No. 406 intended to the name of the Senator from Montana lence, and declaring that Palestinian efforts to gain recognition of a state be proposed to S. 782, a bill to amend (Mr. TESTER) was added as a cosponsor the Public Works and Economic Devel- of S. 1147, a bill to amend the Depart- outside direct negotiations dem- opment Act of 1965 to reauthorize that ment of Veterans Affairs Health Care onstrates absence of a good faith com- Act, and for other purposes. Programs Enhancement Act of 2001 and mitment to peace negotiations, and title 38, United States Code, to require will have implications for continued AMENDMENT NO. 407 the provision of chiropractic care and United States aid. At the request of Mr. CARDIN, the At the request of Mr. CARDIN, the service to veterans at all Department name of the Senator from Georgia (Mr. names of the Senator from Alaska (Ms. of Veterans Affairs medical centers and ISAKSON) was added as a cosponsor of MURKOWSKI), the Senator from Michi- to expand access to such care and serv- amendment No. 407 proposed to S. 782, gan (Mr. LEVIN), the Senator from Iowa ices, and for other purposes. a bill to amend the Public Works and (Mr. GRASSLEY), the Senator from Or- Economic Development Act of 1965 to S.J. RES. 17 egon (Mr. MERKLEY), the Senator from reauthorize that Act, and for other pur- At the request of Mr. MCCONNELL, South Carolina (Mr. DEMINT), the Sen- poses. the names of the Senator from Maine ator from Montana (Mr. TESTER), the AMENDMENT NO. 420 (Ms. SNOWE) and the Senator from Mis- Senator from Ohio (Mr. PORTMAN), the At the request of Mr. CARDIN, the sissippi (Mr. COCHRAN) were added as Senator from Washington (Ms. CANT- name of the Senator from Maryland cosponsors of S.J. Res. 17, a joint reso- WELL), the Senator from Tennessee (Ms. MIKULSKI) was added as a cospon- lution approving the renewal of import (Mr. CORKER) and the Senator from Ha- sor of amendment No. 420 intended to restrictions contained in the Burmese waii (Mr. AKAKA) were added as cospon- be proposed to S. 782, a bill to amend Freedom and Democracy Act of 2003. sors of S. Res. 185, supra. the Public Works and Economic Devel- At the request of Mrs. FEINSTEIN, the S. RES. 202 opment Act of 1965 to reauthorize that name of the Senator from New Jersey At the request of Mr. CONRAD, the Act, and for other purposes. (Mr. MENENDEZ) was added as a cospon- names of the Senator from Virginia sor of S.J. Res. 17, supra. AMENDMENT NO. 428 (Mr. WARNER), the Senator from Penn- At the request of Mr. MERKLEY, the S.J. RES. 18 sylvania (Mr. CASEY) and the Senator names of the Senator from Rhode Is- At the request of Mr. WEBB, the name from Vermont (Mr. LEAHY) were added land (Mr. REED), the Senator from Ha- of the Senator from Utah (Mr. LEE) was as cosponsors of S. Res. 202, a resolu- waii (Mr. AKAKA), the Senator from added as a cosponsor of S.J. Res. 18, a tion designating June 27, 2011, as ‘‘Na- Connecticut (Mr. BLUMENTHAL), the joint resolution prohibiting the deploy- tional Post-Traumatic Stress Disorder Senator from Illinois (Mr. DURBIN), the ment, establishment, or maintenance Awareness Day’’. Senator from Hawaii (Mr. INOUYE), the of a presence of units and members of AMENDMENT NO. 389 Senator from Michigan (Mr. LEVIN), the United States Armed Forces on the At the request of Mr. KOHL, the the Senator from Missouri (Mrs. ground in Libya, and for other pur- names of the Senator from Iowa (Mr. MCCASKILL), the Senator from New poses. GRASSLEY), the Senator from New Jer- Hampshire (Mrs. SHAHEEN), the Sen- S. CON. RES. 7 sey (Mr. MENENDEZ), the Senator from ator from Rhode Island (Mr. At the request of Mr. BARRASSO, the Michigan (Ms. STABENOW), the Senator WHITEHOUSE), the Senator from Oregon name of the Senator from Oklahoma from Connecticut (Mr. BLUMENTHAL), (Mr. WYDEN), the Senator from (Mr. INHOFE) was added as a cosponsor the Senator from West Virginia (Mr. Vermont (Mr. SANDERS) and the Sen- of S. Con. Res. 7, a concurrent resolu- MANCHIN), the Senator from Ohio (Mr. ator from Minnesota (Mr. FRANKEN) tion supporting the Local Radio Free- BROWN) and the Senator from Vermont were added as cosponsors of amend- dom Act. (Mr. LEAHY) were added as cosponsors ment No. 428 proposed to S. 782, a bill S. RES. 175 of amendment No. 389 proposed to S. to amend the Public Works and Eco- At the request of Mrs. SHAHEEN, the 782, a bill to amend the Public Works nomic Development Act of 1965 to reau- name of the Senator from Mississippi and Economic Development Act of 1965 thorize that Act, and for other pur- (Mr. COCHRAN) was added as a cospon- to reauthorize that Act, and for other poses. sor of S. Res. 175, a resolution express- purposes. AMENDMENT NO. 430 ing the sense of the Senate with re- AMENDMENT NO. 390 At the request of Mr. JOHANNS, his spect to ongoing violations of the terri- At the request of Ms. SNOWE, the name was added as a cosponsor of torial integrity and sovereignty of names of the Senator from North Da- amendment No. 430 proposed to S. 782, Georgia and the importance of a peace- kota (Mr. HOEVEN), the Senator from a bill to amend the Public Works and ful and just resolution to the conflict Wisconsin (Mr. JOHNSON) and the Sen- Economic Development Act of 1965 to within Georgia’s internationally recog- ator from Idaho (Mr. CRAPO) were reauthorize that Act, and for other pur- nized borders. added as cosponsors of amendment No. poses.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3686 CONGRESSIONAL RECORD — SENATE June 9, 2011 STATEMENTS ON INTRODUCED cumstances, if you love your children— I have been approached time and BILLS AND JOINT RESOLUTIONS and maybe you wouldn’t think this time again by farmers concerned about By Mr. GRASSLEY (for himself could happen to you because we have where the next generation of farmers and Mr. JOHNSON of South Da- such an abundance of food in America, will come from when the price of farm- kota): but we are all aware of the fact a lot of land is shooting up or the price of cash S. 1161. A bill to amend the Food Se- countries do have food riots when there rent is shooting up, particularly when curity Act of 1985 to restore integrity is a shortage of food—you might do the Federal taxpayers are subsidizing to and strengthen payment limitation just about anything—steal, riot, what- that effort. It is important that we rules for commodity payments and ever it takes—to give your children the keep young people on the farm so they benefits; to the Committee on Agri- food you want them to have to keep can take the lead in producing our food culture, Nutrition, and Forestry. them alive after not having food for 3 when the older generation of farmers is Mr. GRASSLEY. Mr. President, I straight days. ready to turn over the reins. But the come to the floor to introduce a piece So the cohesion within our society, current policies that allow 10 percent of legislation that I have introduced the social cohesion, that is one of the of the largest farmers to receive nearly many times in past Congresses. I have reasons it is vitally important we 70 percent of the total farm program made some progress on the goals I seek maintain a farm program that will payments creates a real barrier for be- but have not gotten 100 percent finality make sure there is a readily available ginning and small farmers. of the policies I want. I am always able food supply. The current system puts upward to do this with a bipartisan piece of Another reason I am not going to go pressure on land prices, making it legislation. into in these remarks is that food is more difficult for small and beginning Today, I present this with Senator very essential to the national security farmers to buy a farm or to afford the JOHNSON of South Dakota. I will let of our country—in other words, the de- cash rent. This allows the big farmers Senator JOHNSON speak for himself, but fense of our country. All we have to do to get even bigger, and this is not I want to give the reasons I am intro- is rely upon an old adage Napoleon unique to my State of Iowa. I am sure ducing this bill in my remarks. First, I used to use: An army marches on its it is not unique to the State of South want people to know this deals with belly. More recently, however, we can Dakota, where my cosponsor friend, farm policy, and on farm policy the look at the farm programs in Germany Senator JOHNSON, comes from. This up- Senator from South Dakota, Mr. JOHN- and Japan where they recall the mis- ward pressure on land prices is occur- SON, and I agree on most everything. takes made in their war effort during ring in many States. It is simply good Mr. President, this is a piece of legis- World War II—and, thank God, they policy to have a hard cap on the lation that is probably going to come didn’t succeed—when they did not have amount a single farmer can receive in up not so much as a stand-alone, as enough food for their military people. the farm program payments. We will when we discuss the reauthorization of So I also want to think in terms of a keep in place a much needed safety net the farm bill—which generally could sure supply of food not only for social for the farmers who need it the most, start this year and probably go into cohesion but also for national security and it will help reduce the negative im- next year—but as an effort that I am purposes. pact farm payments can have on land not going to give up on. It deals with To ensure the family farmer remains prices and cash rent. the issue of how much one individual able to produce a food supply for this Our bill sets the overall cap at farmer should get from the farm pro- cohesive and stable society that I have $250,000 for married couples. Now, peo- gram. My approach is to put what one talked about, we need to get the farm ple listening in the Senate, or people might call a hard cap on the amount of safety net back to its original intent— listening back home on television, money that one farmer can get, and my to help small- and medium-sized farm- probably think it is outrageous to have remarks will explain why. ers get over the ups and downs of farm- a figure that high and call it a hard Also, though, at a time when we have ing that are out of their control. As an cap. But this is something that is na- great budget deficits, people might example, it could be a natural disaster, tional policy and may not be applicable think I am introducing this bill just it could be grain embargoes such as just to my State, so it is necessary to because I am concerned about the those put on by the President of the reach some sort of common ground in budget deficit. It is true this bill, if en- United States, it could be the situation the Congress. I recognize that agri- acted, will save about $1.5 billion, but where President Nixon froze the price culture can look different around the that is not my main purpose for doing of beef and ruined the beef industry in country, so this is a compromise. it. My main purpose is to have the his- the Midwest. Just as important as setting the pay- torical basis for a safety net for farm- The original intent of the Federal ment limits is the tightening of the ers; to espouse the principle that our farm program was not to help a farmer meaning of ‘‘actively engaged.’’ I will safety net ought to be targeted toward get bigger and bigger. But the safety not go in depth as to what actively en- small- and medium-sized farmers. So net has veered sharply off course, and gaged is about at this point, but it gen- today, Senator JOHNSON and I are in- that is why I talk about the necessity erally means, if you are a farmer, you troducing the Rural America Preserva- for a hard cap on any one farmer get- ought to be a farmer and not a city tion Act. ting help from the farm program. We America’s farmers produce the food are now seeing 10 percent of the largest slicker from New York City benefiting that feed our families. The bill helps farmers actually getting nearly 70 per- from the farm program. This will help ensure that our farmers are able to cent of the total farm program pay- make sure that farm payments only go provide a safe, abundant, and inexpen- ments coming out of the Treasury of to those who deserve them. sive food supply for consumers around the United States. In light of the current budget discus- the world while maintaining the safety There is no problem with a farmer sions, everyone should agree that we net that allows small- and medium- growing larger in his operation. Let me don’t want money going to those who sized farmers to get through tough make that clear. If you want to get fail to meet the criteria set for the pro- times. bigger and bigger in America, that is gram. This bill will help do that. Everybody sees tough times that are an American right to do so. But the I hope my colleagues will agree this out of their control, but the impor- taxpayers should not have to subsidize bill takes a common sense approach to tance of the farm safety net can be that effort, and that is what is hap- improve our farm safety net, and a help seen no further than the dinner table pening today. There comes a point to make sure the dollars spent go to each of us sits around, as recently as where some farms reach levels that those who need it most. last night. Stop to think what you allow them to weather the tough finan- Mr. President, I ask unanimous con- would do if you were unable to feed cial times on their own. Smaller farm- sent that the text of the bill be printed your children for 3 days. There is an ers do not have that same luxury, and in the RECORD. old adage that says something like these same small farmers play a piv- There being no objection, the text of this: You are only nine meals away otal role in producing the Nation’s the bill was ordered to be printed in from a revolution. Maybe in those cir- food. the RECORD, as follows:

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3687 S. 1161 (5) by redesignating subsections (e) that provides for the sale or exchange of any Be it enacted by the Senate and House of Rep- through (h) as subsections (f) through (i), re- asset or ownership interest in 1 or more legal resentatives of the United States of America in spectively; entities at less than fair market value; and Congress assembled, (6) by inserting after subsection (d) the fol- ‘‘(ii) the transferor is provided preferential SECTION 1. SHORT TITLE. lowing: rights to repurchase the asset or interest at This Act may be cited as the ‘‘Rural Amer- ‘‘(e) SPOUSAL EQUITY.— less than fair market value; or ica Preservation Act of 2011’’. ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(B) a sale or exchange of any asset or SEC. 2. PAYMENT LIMITATIONS. sections (b) through (d), except as provided ownership interest in 1 or more legal entities Section 1001 of the Food Security of 1985 (7 in paragraph (2), if a person and the spouse of under an arrangement under which rights to U.S.C. 1308) is amended— the person are covered by paragraph (2) and exercise control over the asset or interest (1) in subsection (a), by striking paragraph receive, directly or indirectly, any payment are retained, directly or indirectly, by the (3) and inserting the following: or gain covered by this section, the total transferor. ‘‘(3) LEGAL ENTITY.— amount of payments or gains (as applicable) ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- ‘‘(A) IN GENERAL.—The term ‘legal entity’ covered by this section that the person and ERS.— means— spouse may jointly receive during any crop ‘‘(1) IN GENERAL.—To be eligible to receive, ‘‘(i) an organization that (subject to the re- year may not exceed an amount equal to directly or indirectly, payments or benefits quirements of this section and section 1001A) twice the applicable dollar amounts specified described as being subject to limitation in is eligible to receive a payment under a pro- in subsections (b), (c), and (d). subsection (b) through (d) of section 1001 vision of law referred to in subsection (b), ‘‘(2) EXCEPTIONS.— with respect to a particular farming oper- (c), or (d); ‘‘(A) SEPARATE FARMING OPERATIONS.—In ation, a person or legal entity shall be ac- ‘‘(ii) a corporation, joint stock company, the case of a married couple in which each tively engaged in farming with respect to the association, limited partnership, limited li- spouse, before the marriage, was separately farming operation, in accordance with para- ability company, limited liability partner- engaged in an unrelated farming operation, graphs (2), (3), and (4). ship, charitable organization, estate, irrev- each spouse shall be treated as a separate ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN ocable trust, grantor of a revocable trust, or person with respect to a farming operation FARMING.— other similar entity (as determined by the brought into the marriage by a spouse, sub- ‘‘(A) DEFINITION OF ACTIVE PERSONAL MAN- Secretary); and ject to the condition that the farming oper- AGEMENT.—In this paragraph, the term ‘ac- ‘‘(iii) an organization that is participating ation shall remain a separate farming oper- tive personal management’ means, with rein a farming operation as a partner in a gen- ation, as determined by the Secretary. spect to a person, administrative duties car- eral partnership or as a participant in a joint ‘‘(B) ELECTION TO RECEIVE SEPARATE PAY- ried out by the person for a farming oper- venture. MENTS.—A married couple may elect to re- ation— ‘‘(B) EXCLUSION.—The term ‘legal entity’ ceive payments separately in the name of ‘‘(i) that are personally provided by the does not include a general partnership or each spouse if the total amount of payments person on a regular, continuous, and sub- joint venture.’’; and benefits described in subsections (b), (c), stantial basis; and (2) in subsection (b)— and (d) that the married couple receives, di- ‘‘(ii) relating to the supervision and direc- (A) in paragraphs (1), (2), and (3), by strik- rectly or indirectly, does not exceed an tion of— ing ‘‘(except a joint venture or a general amount equal to twice the applicable dollar ‘‘(I) activities and labor involved in the partnership)’’ each place it appears; amounts specified in those subsections.’’; farming operation; and (B) in paragraph (1)(A), by striking (7) in paragraph (3)(B) of subsection (g) (as ‘‘(II) onsite services directly related and ‘‘$40,000’’ and inserting ‘‘$20,000’’; and redesignated by paragraph (5)), by adding at necessary to the farming operation. (C) in paragraphs (2) and (3)(A), by striking the end the following: ‘‘(B) ACTIVE ENGAGEMENT.—Except as pro- ‘‘$65,000’’ each place it appears and inserting ‘‘(iii) IRREVOCABLE TRUSTS.—In promul- vided in paragraph (3), for purposes of para- ‘‘$30,000’’; gating regulations to define the term ‘legal graph (1), the following shall apply: (3) in subsection (c)— entity’ as the term applies to irrevocable ‘‘(i) A person shall be considered to be ac- (A) in paragraphs (1), (2), and (3), by strik- trusts, the Secretary shall ensure that irrev- tively engaged in farming with respect to a ing ‘‘(except a joint venture or a general ocable trusts are legitimate entities that farming operation if— partnership)’’ each place it appears; have not been created for the purpose of ‘‘(I) the person makes a significant con- (B) in paragraph (1)(A), by striking avoiding a payment limitation.’’; and tribution, as determined under subparagraph ‘‘$40,000’’ and inserting ‘‘$20,000’’; and (8) in subsection (i) (as redesignated by (E) (based on the total value of the farming (C) in paragraphs (2) and (3)(A), by striking paragraph (5)), in the second sentence, by operation), to the farming operation of— ‘‘$65,000’’ each place it appears and inserting striking ‘‘or other entity’’ and inserting ‘‘or ‘‘(aa) capital, equipment, or land; and ‘‘$30,000’’; legal entity’’. ‘‘(bb) personal labor and active personal (4) by striking subsection (d) and inserting SEC. 3. SUBSTANTIVE CHANGE; PAYMENTS LIM- management; the following: ITED TO ACTIVE FARMERS. ‘‘(II) the share of the person of the profits ‘‘(d) LIMITATIONS ON MARKETING LOAN The Food Security Act of 1985 is amended or losses from the farming operation is com- GAINS, LOAN DEFICIENCY PAYMENTS, AND by striking section 1001A (7 U.S.C. 1308–1) and mensurate with the contributions of the per- COMMODITY CERTIFICATE TRANSACTIONS.—The inserting the following: son to the operation; and total amount of the following gains and pay- ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS ‘‘(III) a contribution of the person is at ments that a person or legal entity may re- LIMITED TO ACTIVE FARMERS. risk. ceive during any crop year may not exceed ‘‘(a) SUBSTANTIVE CHANGE.— ‘‘(ii) A legal entity shall be considered to $75,000: ‘‘(1) IN GENERAL.—For purposes of the ap- be actively engaged in farming with respect ‘‘(1)(A) Any gain realized by a producer plication of limitations under this section, to a farming operation if— from repaying a marketing assistance loan the Secretary shall not approve any change ‘‘(I) the legal entity makes a significant for 1 or more loan commodities and peanuts in a farming operation that otherwise would contribution, as determined under subpara- under subtitle B or C of title I of the Food, increase the number of persons or legal enti- graph (E) (based on the total value of the Conservation, and Energy Act of 2008 (7 ties to which the limitations under this sec- farming operation), to the farming operation U.S.C. 8731 et seq.) at a lower level than the tion apply, unless the Secretary determines of capital, equipment, or land; original loan rate established for the loan that the change is bona fide and substantive. ‘‘(II)(aa) the stockholders or members that commodity under those subtitles. ‘‘(2) FAMILY MEMBERS.—For the purpose of collectively own at least 51 percent of the ‘‘(B) In the case of settlement of a mar- paragraph (1), the addition of a family mem- combined beneficial interest in the legal en- keting assistance loan for 1 or more loan ber to a farming operation under the criteria tity each make a significant contribution of commodities and peanuts under those sub- established under subsection (b)(3)(B) shall personal labor and active personal manage- titles by forfeiture, the amount by which the be considered to be a bona fide and sub- ment to the operation; or loan amount exceeds the repayment amount stantive change in the farming operation. ‘‘(bb) in the case of a legal entity in which for the loan if the loan had been settled by ‘‘(3) PRIMARY CONTROL.—To prevent a farm all of the beneficial interests are held by repayment instead of forfeiture. from reorganizing in a manner that is incon- family members, any stockholder or member ‘‘(2) Any loan deficiency payments received sistent with the purposes of this Act, the (or household comprised of a stockholder or for 1 or more loan commodities and peanuts Secretary shall promulgate such regulations member and the spouse of the stockholder or under those subtitles. as the Secretary determines to be necessary member) who owns at least 10 percent of the ‘‘(3) Any gain realized from the use of a to simultaneously attribute payments for a beneficial interest in the legal entity makes commodity certificate issued by the Com- farming operation to more than 1 person or a significant contribution of personal labor modity Credit Corporation for 1 or more loan legal entity, including the person or legal en- or active personal management; and commodities and peanuts, as determined by tity that exercises primary control over the ‘‘(III) the legal entity meets the require- the Secretary, including the use of a certifi- farming operation, including to respond to— ments of subclauses (II) and (III) of clause cate for the settlement of a marketing as- ‘‘(A)(i) any instance in which ownership of (i). sistance loan made under those subtitles or a farming operation is transferred to a per- ‘‘(C) LEGAL ENTITIES MAKING SIGNIFICANT section 1307 of that Act (7 U.S.C. 7957).’’; son or legal entity under an arrangement CONTRIBUTIONS.—If a general partnership,

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3688 CONGRESSIONAL RECORD — SENATE June 9, 2011 joint venture, or similar entity (as deter- operation) of active personal management or (C) in the second sentence, by striking ‘‘an mined by the Secretary) separately makes a personal labor and, with respect to such con- entity’’ and inserting ‘‘a legal entity’’; and significant contribution (based on the total tribution, who meets the requirements of (3) in subsection (c), by striking ‘‘person’’ value of the farming operation involved) of subclauses (II) and (III) of paragraph and inserting ‘‘legal entity or person’’. capital, equipment, or land, the partners or (2)(B)(i). SEC. 5. REGULATIONS. members making a significant contribution ‘‘(C) SHARECROPPERS.—A sharecropper who (a) IN GENERAL.—The Secretary of Agri- of personal labor or active personal manage- makes a significant contribution of personal culture may promulgate such regulations as ment and meeting the standards provided in labor to the farming operation and, with re- are necessary to implement this Act and the subclauses (II) and (III) of subparagraph spect to such contribution, who meets the amendments made by this Act. (B)(i) shall be considered to be actively en- requirements of subclauses (II) and (III) of (b) PROCEDURE.—The promulgation of the gaged in farming with respect to the farming paragraph (2)(B)(i), and who was receiving regulations and administration of this Act operation involved. payments from the landowner as a share- and the amendments made by this Act shall ‘‘(D) EQUIPMENT AND PERSONAL LABOR.—In cropper prior to the effective date of the be made without regard to— making determinations under this sub- Food, Conservation, and Energy Act of 2008 (1) the notice and comment provisions of section regarding equipment and personal (Public Law 110–246; 122 Stat. 1651). section 553 of title 5, United States Code; labor, the Secretary shall take into consider- ‘‘(4) PERSONS AND LEGAL ENTITIES NOT AC- (2) the Statement of Policy of the Sec- ation the equipment and personal labor nor- TIVELY ENGAGED IN FARMING.—For the pur- retary of Agriculture effective July 24, 1971 mally and customarily provided by farm opposes of paragraph (1), except as provided in (36 Fed. Reg. 13804), relating to notices of erators in the area involved to produce pro- paragraph (3), the following persons and proposed rulemaking and public participa- gram crops. legal entities shall not be considered to be tion in rulemaking; and ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- actively engaged in farming with respect to (3) chapter 35 of title 44, United States SONAL LABOR OR ACTIVE PERSONAL MANAGE- a farm operation: Code (commonly known as the ‘‘Paperwork MENT.— ‘‘(A) LANDLORDS.—A landlord contributing Reduction Act’’). ‘‘(i) IN GENERAL.—Subject to clause (ii), for land to the farming operation if the landlord (c) CONGRESSIONAL REVIEW OF AGENCY purposes of subparagraph (B), a person shall receives cash rent, or a crop share guaran- RULEMAKING.—In carrying out this section, be considered to be providing, on behalf of teed as to the amount of the commodity to the Secretary shall use the authority pro- the person or a legal entity, a significant be paid in rent, for such use of the land. vided under section 808 of title 5, United contribution of personal labor and active ‘‘(B) OTHER PERSONS AND LEGAL ENTITIES.— States Code. personal management, if the total contribu- Any other person or legal entity, or class of SEC. 6. BUDGETARY EFFECTS. tion of personal labor and active personal persons or legal entities, that fails to meet The budgetary effects of this Act, for the management is at least equal to the lesser the requirements of paragraphs (2) and (3), as purpose of complying with the Statutory of— determined by the Secretary. Pay-As-You-Go-Act of 2010, shall be deter- ‘‘(I) 1,000 hours; and ‘‘(5) PERSONAL LABOR AND ACTIVE PERSONAL mined by reference to the latest statement ‘‘(II) a period of time equal to— MANAGEMENT.—No stockholder or member titled ‘‘Budgetary Effects of PAYGO Legisla- ‘‘(aa) 50 percent of the commensurate share may provide personal labor or active per- tion’’ for this Act, submitted for printing in of the total number of hours of personal sonal management to meet the requirements the Congressional Record by the Chairman of labor and active personal management re- of this subsection for persons or legal enti- the Senate Budget Committee, provided that quired to conduct the farming operation; or ties that collectively receive, directly or in- such statement has been submitted prior to ‘‘(bb) in the case of a stockholder or mem- directly, an amount equal to more than the vote on passage. ber (or household comprised of a stockholder twice the applicable limits under subsections or member and the spouse of the stockholder (b), (c), and (d) of section 1001. By Mr. ROCKEFELLER (for him- or member) that owns at least 10 percent of ‘‘(6) CUSTOM FARMING SERVICES.—A person the beneficial interest in a legal entity in or legal entity receiving custom farming self and Mr. PRYOR): which all of the beneficial interests are held services will be considered separately eligi- S. 1165. A bill to protect children and by family members who do not collectively ble for payment limitation purposes if the other consumers against hazards asso- receive payments directly or indirectly, in- person or legal entity is actively engaged in ciated with the accidental ingestion of cluding payments received by spouses, of farming based on paragraphs (1) through (3). button cell batteries by requiring the more than twice the applicable limit, 50 per- ‘‘(7) GROWERS OF HYBRID SEED.—To deter- Consumer Product Safety Commission cent of the commensurate share of hours of mine whether a person or legal entity grow- the personal labor and active personal man- to promulgate consumer product safety ing hybrid seed under contract shall be con- standards to require child-resistant agement of all family members required to sidered to be actively engaged in farming, conduct the farming operation. the Secretary shall not take into consider- closures on remote controls and other ‘‘(ii) MINIMUM LABOR HOURS.—For the pur- ation the existence of a hybrid seed contract. consumer products that use such bat- pose of clause (i), the minimum number of ‘‘(c) NOTIFICATION BY LEGAL ENTITIES.—To teries, and for other purposes; to the labor hours required to produce a commodity facilitate the administration of this section, Committee on Commerce, Science, and shall be equal to the number of hours that each legal entity that receives payments or would be necessary to conduct a farming op- Transportation. benefits described as being subject to limita- Mr. ROCKEFFELLER. Mr. President, eration for the production of each com- tion in subsection (b), (c), or (d) of section modity that is comparable in size to the 1001 with respect to a particular farming op- I rise to introduce the Button Cell Bat- commensurate share of a person or legal en- eration shall— tery Safety Act of 2011. This bill will tity in the farming operation for the produc- ‘‘(1) notify each person or other legal enti- protect the most vulnerable members tion of the commodity, based on the min- ty that acquires or holds a beneficial inter- of our society from the hazards of but- imum number of hours per acre required to est in the farming operation of the require- ton cell battery ingestion. These small produce the commodity in the State in ments and limitations under this section; batteries, which are present in more which the farming operation is located, as and determined by the Secretary. and more consumer products each year, ‘‘(2) provide to the Secretary, at such can be deadly if swallowed. While most ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN times and in such manner as the Secretary FARMING.—Notwithstanding paragraph (2), may require, the name and social security swallowed batteries pass harmlessly the following persons shall be considered to number of each person, or the name and tax- through the body, a toddler who puts be actively engaged in farming with respect payer identification number of each legal en- one in her mouth can be severely in- to a farm operation: tity, that holds or acquires such a beneficial jured in just two hours and the damage ‘‘(A) LANDOWNERS.—A person or legal enti- interest.’’. can be fatal after only eight hours. ty that is a landowner contributing owned SEC. 4. FOREIGN PERSONS AND LEGAL ENTITIES Button cell batteries are small, land, and that meets the requirements of MADE INELIGIBLE FOR PROGRAM round, and are approximately the size subclauses (II) and (III) of paragraph BENEFITS. (2)(B)(i), if, as determined by the Secretary— Section 1001C of the Food Security Act of and shape of common coins. Just the ‘‘(i) the landowner share-rents the land at 1985 (7 U.S.C. 1308–3) is amended— sort of thing a curious child might put a rate that is usual and customary; and (1) in the section heading, by striking in his mouth. When ingested, these bat- ‘‘(ii) the share received by the landowner is ‘‘PERSONS’’ and inserting ‘‘PERSONS AND teries can become lodged in the throat commensurate with the share of the crop or LEGAL ENTITIES’’; or elsewhere in the digestive system income received as rent. (2) in subsection (b)— and cause permanent damage to the ‘‘(B) FAMILY MEMBERS.—With respect to a (A) in the subsection heading, by striking tissues. farming operation conducted by persons who ‘‘CORPORATION OR OTHER’’ and inserting Between 2007 and 2009, more than are family members, or a legal entity the ‘‘LEGAL’’; majority of the stockholders or members of (B) in the first sentence, by striking ‘‘a 3,400 button battery ingestion cases which are family members, an adult family corporation or other entity shall be consid- were reported to U.S. poison centers member who makes a significant contribu- ered a person that’’ and inserting ‘‘a legal annually. The number of ingestions tion (based on the total value of the farming entity’’; and that result in serious injury or death

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3689 have increased sevenfold since 1985 due sumer products that use these types of with; workers who took on tough jobs to the higher voltage of newer bat- batteries. We already have Federal and worked long hours during difficult teries. Hundreds of children have been safety rules that require toys that use economic times to provide for their severely injured and six have died from batteries to have such compartments; families. They were people who made these ingestions in the last two years now it is time to make sure all prod- tremendous sacrifices and who em- alone. ucts that utilize these particular bat- bodied so much of what is good about Despite the severe risk, most parents teries are secured in a manner that will their communities and their States. and caregivers remain unaware of the reduce children’s access to these poten- They have been dearly missed. danger. tially harmful batteries. Washington State investigators Imagine not realizing a child has In addition, the legislation will re- looked into that incident and deter- swallowed one of these batteries. It quire warning labels that alert adults mined that the tragedy could have gets lodged in the esophagus, begins to of the danger of these batteries. Such been and should have been prevented. cause severe burns, and stays there for labels will be required on the pack- The problems that led to what hap- days with parents and doctors not real- aging for replacement batteries, in the pened were known beforehand. They izing something is terribly wrong. It user manual of products that use these should have been fixed, but they may seem like a respiratory infection, batteries, and where appropriate, on weren’t. That is heartbreaking. or a stomach virus. But it is not. It is the product itself. Too many injuries Every worker in every industry de- the chemical reaction of a button cell occur because batteries are left out and serves to be confident that while they battery, lodged in the esophagus. Even accessible after they have been re- are working hard and doing their jobs, if the battery is removed within sev- placed. their employers are doing everything eral hours, the damage is done. The Today, I ask my colleagues to sup- they can to protect them. That is why child can end up in the intensive care port this simple and straightforward I am proud to reintroduce the Pro- unit for weeks, following hours of sur- bill that will save lives and prevent un- tecting America’s Workers Act. This gery. There can be permanent damage necessary injuries. legislation is a long overdue update to to the vocal cords, or to the gastro- the Occupational Safety and Health intestinal tract, meaning the child By Mrs. MURRAY (for herself, Act of 1970, or the OSH Act. would require feeding tubes, home Mr. AKAKA, Mr. BLUMENTHAL, Since that groundbreaking law was nursing care, and multiple surgeries. Mr. BROWN of Ohio, Mr. passed over 40 years ago, we know As severe and painstaking as this is for FRANKEN, Mr. HARKIN, Mr. LAU- American industry has changed signifi- the child and for the parents, the child TENBERG, Mr. ROCKEFELLER, cantly. Businesses and workplaces have is fortunately given a second chance at Mrs. SHAHEEN, and Mr. become much more complex, and workers are performing 21st-century tasks, life. WHITEHOUSE): For a small number of the 3,400 cases S. 1166. A bill to amend the Occupa- but the government is still using a 1970 of button cell battery ingestion re- tional Safety and Health Act of 1970 to approach to regulations to protect em- ported to poison control centers every expand coverage under the Act, to in- ployees. It doesn’t make sense, and it year, the damage from the battery crease protections for whistleblowers, needs to change. We need to update the way we as a proves to be fatal. Aidan Truett of to increase penalties for high gravity country think about our worker safety Hamilton, Ohio, had a battery sur- violations, to adjust penalties for infla- regulations, and this law is a very im- gically removed after nine days of se- tion, to provide rights for victims of family members, and for other pur- portant step in that direction. This is vere symptoms and doctor visits. The not about adding more regulations, it poses; to the Committee on Health, doctors found the battery when they is about having smarter regulations. It ordered an X-ray, looking for pneu- Education, Labor, and Pensions. Mrs. MURRAY. Mr. President, I come is about having regulations that pro- monia. Two days after his surgery, tect workers and make sense for busi- to the floor today to talk about our ob- Aidan died from his injuries. He was 13 ness. ligation to protect workers across months old. Mr. President, the Protecting Amer- Two year old Elaina Redding, from America and to urge my colleagues to ica’s Workers Act makes a number of Fort Lupton, CO died after the current support the Protecting America’s key improvements to the OSH Act, but from a swallowed battery set off a Workers Act, which I am very proud to I want to highlight just a few. chemical reaction that eroded her introduce today. First of all, it increases protections esophagus and aorta. Four days after Mr. President, middle-class families for workers who blow the whistle on clutching her chest in pain, she was across this country are struggling. So unsafe working conditions. Protecting taken to the hospital and the battery many of them have lost their homes or workers who tell the truth is just com- was removed. Two weeks after being their jobs and are fighting to keep mon sense. In fact, in other modern sent home, Elaina suffered a bloody their heads above water. We are work- laws, such as the Consumer Product coughing fit that sent her back to the ing hard here to create jobs and get the Safety Improvement Act of 2008 and intensive care unit where she bled to economy back on track, but we also the Food Safety Modernization Act of death. owe it to middle-class families to make 2010, they do exactly that. But since These stories are horrifying and com- sure those jobs are safe and healthy. the OSH Act has not been updated, the pel us to act. Small batteries which are In 2009 alone there were 4,340 deaths vast majority of workers today don’t in multiple products in our houses—in in workplaces across America, and over have similar protections. remote controls, toys, and musical 3 million more were injured or An important part of my bill would greeting cards—are highly dangerous sickened while on the job. If more than make sure a whistleblower’s right to in the hands of toddlers who may swal- 4,000 Americans were killed in 1 day, it protection from retaliation cannot be low them. We have the ability to pro- would be on the front page of every waived through collective bargaining tect children and we must do so. newspaper in this country. If an epi- agreements, and they have the option We need to make sure that these bat- demic in this country claimed 4,000 to appeal to the Federal courts if they teries are securely enclosed in products lives, it would lead the nightly news believe they are being mistreated for and cannot be removed by curious chil- each week. But that is not the way it telling the truth about dangerous prac- dren. And we must also make sure that works with workplace injuries. They tices. parents and caretakers are aware of happen a few at a time, spread out The Protecting America’s Workers the danger. No parent should leave bat- across the country, in communities Act also improves reporting, inspec- teries lying around the house after re- such as Anacortes in my home State of tion, and other enforcement of work- moving them from a product, or hand Washington, where a fire broke out last place health and safety violations. It them to a small child. year at the Tesoro Refinery and killed expands the rights of the victims and This legislation would require the seven workers. makes sure employers who oversee un- Consumer Product Safety Commission These were men and women who were safe workplaces are pushed to quickly to promulgate a safety standard requir- taken too young, with so much life to improve them to avoid further endan- ing child-resistant closures on con- live and with so many people to live it gering worker health and safety.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3690 CONGRESSIONAL RECORD — SENATE June 9, 2011 This is a good bill. I am proud to ingful payment limitations and ensure Bay, have access to safe, effective, and have a number of cosponsors in the that assistance goes to small and me- quality surgical care. Senate, as well as the support of many dium-sized family farms. But ASCs can do more than provide prominent national groups in our ef- Our legislation includes several spe- the same services found in a Hospital forts to improve workplace safety. cific limits. Direct payments would be Outpatient Department; they can do it Nothing can bring back the workers capped at $20,000 per producer and at lower cost. Medicare saves an esti- we lost in communities such as counter-cyclical payments would be mated $3 billion each year when sur- Anacortes, but we certainly owe it to limited to $30,000. Additionally, the bill gical procedures are performed in ASCs them to make sure workers everywhere would establish a cap of $75,000 on loan rather than hospitals due to ASC reim- are truly protected on the job. So I deficiency payments, LDPs, and mar- bursement equaling 56 percent of what urge my colleagues to support the Pro- keting loan gains. There is currently a hospital receives. tecting America’s Workers Act and to no cap on LDPs and marketing loan Currently, Medicare uses two dif- keep working with us to make work- gains, essentially meaning there is no ferent factors to update reimburse- places safer and healthier across Amer- effective payment limitation. ment: one for ASCs and a different one ica. Just as important as establishing a for hospitals. ASC payments are up- hard payment limitations cap is how dated based on the consumer price By Mr. JOHNSON of South Da- we define whether an individual is ac- index, while hospital rates are updated kota (for himself and Mr. tively engaged in the operation of a using the hospital market basket, BINGAMAN): farm. Current law lacks a defined ac- which specifically measures changes in S. 1167. A bill to amend the Public tive management test, and therefore the costs of providing health care. Both Health Service Act to improve the di- someone could participate in no more facilities can provide identical surgical agnosis and treatment of hereditary than a yearly conference call and be el- procedures, so why aren’t their respec- hemorrhagic telangiectasia, and for igible to receive payments. Our bill tive reimbursements linked to the other purposes; to the Committee on closes the management loophole which same update mechanism? Why should Health, Education, Labor, and Pen- has allowed ‘‘paper partners’’ to collect there be a double standard? sions. payments without contributing any This inequity could have significant Mr. JOHNSON of South Dakota. Mr. real or meaningful role in the oper- consequences for both patients’ access President, today I join with my col- ation. This proposal will improve the to services and Medicare’s rate of out- league and friend from Iowa, CHUCK management standards determining patient expenditures if facilities begin GRASSLEY, in introducing the Rural payment eligibility by requiring that consolidating or hospitals begin ac- America Preservation Act of 2011, management be provided on a regular, quiring these practices in an attempt which will provide for common-sense, substantial, and continuous basis to reimburse for the same services at a meaningful farm program payment through direct supervision and direc- higher rate—and cost to the taxpayer. limitations. Particularly given our tion of the operations of the farm. The legislation Senator CRAPO and I country’s budgetary constraints, this is These are reasonable and common- have introduced today, however, begins a straight-forward and fiscally respon- sense requirements which seek to fur- to address this in two ways: First, this sible proposal that would target our ther ensure the integrity of the farm bill creates parity by allowing ASC farm program payments and safety net. safety net. payment rates to be updated using the The current farm program payment Agriculture is the economic engine same market basket update hospitals structure has, quite frankly, failed that drives our rural communities, and use; and second, the bill goes a step rural America. According to the United without viable family farmers, our further by establishing a Value-Based States Department of Agriculture’s small towns and Main Street busi- Purchasing program which will dis- Economic Research Service, in 2008, nesses throughout South Dakota would pense shared savings payments based the largest 12.4 percent of farms re- face significant financial hardships. I on quality reporting and improved perceived 62.4 percent of farm program am proud to join with my friend from formance. payments. The current rules permit Iowa, Senator GRASSLEY, who has also The Ambulatory Surgical Center the most capitalized farming corpora- been a longtime champion of family Quality and Access Act puts common- tions to receive massive subsidies and farmers, in introducing this important sense policies in place that will en- deprive small and medium-sized family legislation. hance patients’ access to quality care farmers of the opportunity to thrive. in a cost-effective way. I urge my col- The farm bill is intended to provide By Mr. WYDEN (for himself and leagues to join us in cosponsoring this programs that function as a safety net Mr. CRAPO): important legislation. for farmers, in contrast to the cash cow S. 1173. A bill to amend title XVIII of Mr. President, I ask unanimous con- they’ve become for a few producers. It the Social Security Act to modernize sent that the text of the bill be printed is important that we maintain a safety payments for ambulatory surgical cen- in the RECORD. net for producers, but such a system ters under the Medicare program; to There being no objection, the text of must be targeted to family farmers in- the Committee on Finance. the bill was ordered to be printed in stead of large agribusinesses. Mr. WYDEN. Mr. President, I rise the RECORD, as follows: The 2008 farm bill took some impor- today, once again, to advocate for pa- S. 1173 tant first steps in strengthening the in- tients and their access to more choice Be it enacted by the Senate and House of Rep- tegrity of our farm programs. Under and competition in providing good resentatives of the United States of America in the law, anyone making more than quality health care by introducing The Congress assembled, $500,000 in non-farm Adjusted Gross In- Ambulatory Surgical Center Quality SECTION 1. SHORT TITLE. come will not receive farm payments and Access Act of 2011 with my col- This Act may be cited as the ‘‘Ambulatory and producers making over $750,000 AGI league, Senator CRAPO. Surgical Center Quality and Access Act of will lose their direct payments. Addi- Advocates for health care reform and 2011’’. tionally, the law eliminates the triple- a healthier nation continue to empha- SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL CENTER SERVICES WITH entity loophole and farm payments size the importance of keeping patients UPDATES FOR OPD SERVICES. now go directly to an individual, rather ‘‘out of the hospital.’’ ASCs can help do Section 1833(i)(2)(D) of the Social Security than a corporation or general partner- that by providing cost-effective serv- Act (42 U.S.C. 13951(i)) is amended— ship, through direct attribution. I sup- ices in an outpatient setting. (1) by redesignating clause (vi) as clause port direct attribution and elimination There are more than 5,200 Medicare- (vii); of the triple-entity loophole; however, I certified ASCs across all 50 States, (2) in the first sentence of clause (v), by in- believe these provisions should have with 83 in Oregon alone. These facili- serting before the period the following: ‘‘and, in the case of 2012 or a subsequent year, by been much stronger and I have consist- ties, that employ the equivalent of the adjustment described in subsection ently pressed for a hard payment cap of 117,700 full-time workers nationwide, (t)(3)(G) for the respective year’’; and at least $250,000. The bill we introduced ensure that patients from Portland to (3) by inserting after clause (v) the fol- today would finally provide for mean- Hermiston, from Klamath Falls to Coos lowing new clause:

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3691 ‘‘(vi) In implementing the system de- latory surgical centers and hospital out- clause (i) shall include levels of achievement scribed in clause (i) for 2012 and each subse- patient departments, the Secretary shall— and improvement. quent year, there shall be an annual update ‘‘(i) require that both ambulatory surgical ‘‘(iii) TIMING.—The Secretary shall estab- under such system for the year equal to the centers and hospital outpatient departments lish and announce the performance standards OPD fee schedule increase factor specified report data on such measures; and under clause (i) not later than 60 days prior under subsection (t)(3)(C)(iv) for such year, ‘‘(ii) make reported data available on the to the beginning of the performance period adjusted in accordance with clauses (iv) and website ‘Medicare.gov’ in a manner that will for the calendar year involved. (v).’’. permit side-by-side comparisons on such ‘‘(E) PERFORMANCE PERIOD.—For purposes SEC. 3. IMPROVING ASC QUALITY MEASURE RE- measures for ambulatory surgical centers of the Program, the Secretary shall establish PORTING AND APPLYING VALUE- and hospital outpatient departments in the the performance period for a calendar year. BASED PURCHASING TO ASCS. same geographic area. Such performance period shall begin and end (a) QUALITY MEASURES.—Paragraph (7) of ‘‘(D) For each procedure covered for pay- prior to the beginning of such calendar year. section 1833(i) of the Social Security Act (42 ment in an ambulatory surgical center, the ‘‘(F) ASC PERFORMANCE SCORE.—The Sec- U.S.C. 1395l(i)) is amended— Secretary shall publish, along with the qual- retary shall develop a methodology for as- (1) in subparagraph (A)— ity reporting comparisons provided for in sessing the total performance of each ambu- (A) in the first sentence, by inserting ‘‘(be- subparagraph (C), comparisons of the Medi- latory surgery center based on performance ginning with 2014)’’ after ‘‘with respect to a care payment and beneficiary copayment standards with respect to the measures se- year’’; and amounts for the procedure when performed lected under subparagraph (C) for a perform- (B) by adding at the end the following: in ambulatory surgical centers and hospital ance period (as established under subpara- ‘‘Data required to be submitted on measures outpatient departments in the same geo- graph (E)). Using such methodology, the Sec- selected under this paragraph must be on graphic area. retary shall provide for an assessment (in measures that have been selected by the Sec- ‘‘(E) The Secretary shall ensure that an this subsection referred to as the ‘ASC per- retary after consideration of public com- ambulatory surgery center and a hospital formance score’) for each ambulatory sur- ments and in accordance with the process de- has the opportunity to review, and submit gical center for each performance period. scribed in subparagraph (B). Such measures any corrections for, the data to be made pub- The methodology shall provide that the ASC may include healthcare acquired infection lic with respect to the ambulatory surgery performance score is determined using the measures appropriate for ambulatory sur- center under subparagraph (C)(ii) prior to higher of its achievement or improvement gery centers, prophylactic IV antibiotic tim- such data being made public.’’. score for each measure. ing, and patient falls. Ambulatory surgical (b) AMBULATORY SURGICAL CENTER VALUE- ‘‘(G) APPEALS.—The Secretary shall estab- centers determined by the Secretary to fur- BASED PURCHASING PROGRAM.—Section lish a process by which ambulatory surgery nish a minimal number of items and services 1833(i) is amended by adding at the end the centers may appeal the calculation of the under this title with respect to a year shall following new paragraph: ambulatory surgery center’s performance not be subject to a reduction under this sub- ‘‘(8) VALUE-BASED PURCHASING PROGRAM.— with respect to the performance standards paragraph for such year.’’; ‘‘(A) ESTABLISHMENT.—The Secretary shall established under subparagraph (D) and the (2) in subparagraph (B)— establish an ambulatory surgical center ambulatory surgery center performance (A) by striking ‘‘Except as the Secretary value-based purchasing program (in this sub- score under subparagraph (E). The Secretary may otherwise provide, the’’ and inserting section referred to as the ‘Program’) under shall ensure that such process provides for ‘‘Except as provided in the subsequent sen- which, subject to subparagraph (I), each am- resolution of appeals in a timely manner. tence, the’’; and bulatory surgical center that the Secretary ‘‘(H) CALCULATION OF VALUE-BASED INCEN- (B) by adding at the end the following: ‘‘In determines meets (or exceeds) the perform- TIVE PAYMENT.— carrying out the previous sentence, the Sec- ance standards under subparagraph (D) for ‘‘(i) VALUE-BASED PERCENTAGE AMOUNT.— retary shall— the performance period (as established under For purposes of subparagraph (A), the Sec- ‘‘(i) ensure that measures meet the defini- subparagraph (E)) for a calendar year is eli- retary shall specify a value-based percentage tion and process for identifying quality gible, from the amounts made available in amount for an ambulatory surgical center measures under subsections (a) and (b) of the total shared savings pool under subpara- for a calendar year. section 931 of the Public Health Service Act; graph (I)(iv), for shared savings under sub- ‘‘(ii) REQUIREMENTS.—In specifying the ‘‘(ii) ensure that measures are developed, paragraph (I), which shall be in the form, value-based percentage amount for each am- selected, and modified in accordance with after application of the adjustments under bulatory surgical center for a calendar year the development, selection, and modification clauses (iv), (v), and (vi) of paragraph (2)(D), under clause (i), the Secretary shall ensure processes for measures established under sec- of an increase in the amount of payment de- that such percentage is based on— tion 1890A and in accordance with section termined under the payment system under ‘‘(I) the ASC performance score of the am- 1890; paragraph (2)(D) for surgical services fur- bulatory surgery center under subparagraph ‘‘(iii) ensure that measures are selected, nished by such center during the subsequent (F); and and a data submission process is imple- year, by the value-based percentage amount ‘‘(II) the amount of the total savings pool mented, under this paragraph in a manner under subparagraph (H) specified by the Sec- made available under subparagraph (I)(iii)(I) that ensures ambulatory surgical centers are retary for such center and year. for such year. able to voluntarily submit data under this ‘‘(B) PROGRAM START DATE.—The Program ‘‘(I) ANNUAL CALCULATION OF SHARED SAV- paragraph not later than January 1, 2013; shall apply to payments for procedures oc- INGS FUNDING FOR VALUE-BASED INCENTIVE ‘‘(iv) make available an infrastructure curring on or after January 1, 2015. PAYMENTS.— which will allow ambulatory surgery centers ‘‘(C) MEASURES.— ‘‘(i) DETERMINING BONUS POOL.—In each to submit data on such measures through ‘‘(i) IN GENERAL.—For purposes of the Pro- year of the Program, ambulatory surgery electronic and other means; gram, the Secretary shall select measures centers shall be eligible to receive payment ‘‘(v) ensure that the form and manner of from the measures specified under paragraph for shared savings under the Program only if submissions under this paragraph by ambu- (7). for such year the sum of— latory surgical centers shall include the op- ‘‘(ii) AVAILABILITY OF MEASURE AND DATA.— ‘‘(I) the estimated amount of expenditures tion of submitting data with claims for pay- The Secretary may not select a measure under this title for Medicare fee-for-service ment under this part; under this paragraph for use under the Pro- beneficiaries (as defined in section 1899(h)(3)) ‘‘(vi) ensure that a mechanism is developed gram with respect to a performance period for surgical services for which payment is to allow an ambulatory surgical center to at- for a calendar year unless such measure has made under the payment system under para- test that the center did not furnish services been included, and the reported data avail- graph (2), adjusted for beneficiary character- applicable to selected measures for use under able, on the website ‘Medicare.gov’, for at istics, and the Program established under paragraph (8); least 1 year prior to the beginning of such ‘‘(II) the estimated amount of expenditures and performance period. under this title for Medicare fee-for-service ‘‘(vii) establish and have in place, by not ‘‘(iii) MEASURE NOT APPLICABLE UNLESS ASC beneficiaries (as so defined) for the same sur- later than June 30, 2013, an informal process FURNISHES SERVICES APPROPRIATE TO MEAS- gical services for which payment is made for ambulatory surgery centers to seek a re- URE.—A measure selected under this para- under the prospective payment system under view of and appeal the determination that an graph for use under the Program shall not subsection (t), adjusted for beneficiary char- ambulatory surgical center did not satisfac- apply to an ambulatory surgical center if acteristics, torily submit data on quality measures.’’; such center does not furnish services appro- is at least the percent specified by the Sec- and priate to such measure. retary below the applicable benchmark de- (3) by adding at the end the following new ‘‘(D) PERFORMANCE STANDARDS.— termined for such year under clause (ii). For subparagraphs: ‘‘(i) ESTABLISHMENT.—The Secretary shall purposes of this subparagraph, such sum ‘‘(C) To the extent that quality measures establish performance standards with respect shall be referred to as ‘estimated expendi- implemented by the Secretary under this to measures selected under subparagraph tures’. The Secretary shall determine the ap- paragraph for ambulatory surgical centers (C)(i) for a performance period for a calendar propriate percent described in the preceding and under section 1833(t)(17) for hospital out- year. sentence to account for normal variation in patient departments are applicable to the ‘‘(ii) ACHIEVEMENT AND IMPROVEMENT.—The volume of services under this title and to ac- provision of surgical services in both ambu- performance standards established under count for changes in the coverage of services

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3692 CONGRESSIONAL RECORD — SENATE June 9, 2011 in ambulatory surgery centers and hospital SEC. 5. ENSURING ACCESS TO SAME DAY SERV- ation, and even therapy to the dis- outpatient departments during the perform- ICES. abled, horses touch the lives of many ance period involved. The conditions for coverage of ambulatory surgical center services specified by the Sec- Americans. Clearly, they hold a special ‘‘(ii) ESTABLISH AND UPDATE BENCHMARK.— place in our culture, and it is for these For purposes of clause (i), the Secretary retary of Health and Human Services pursu- shall calculate a benchmark for each year ant to section 1832(a)(2)(F)(i) of the Social reasons, that so many people are described in such clause equal to the product Security Act (42 U.S.C. 1395k(a)(2)(F)(i)) shall strongly opposed to horse slaughter in of— not prohibit ambulatory surgical centers America. ‘‘(I) estimated expenditures described in from providing individuals with any notice Unfortunately, horse owners do have clause (i) for such year, and of rights or other required notice on the date to face the realities of infirmity, age, ‘‘(II) the average annual growth in esti- of a procedure if more advance notice is not or other reasons that may necessitate feasible under the circumstances, including mated expenditures for the most recent putting down their animal. However, three years. when a procedure is scheduled and performed on the same day. this calls for humane euthanasia, and Such benchmark shall be reset at the start slaughter is simply not an appropriate of each calendar year, and adjusted for By Ms. LANDRIEU (for herself, alternative. The average cost for hu- changes in enrollment under the Medicare Mr. GRAHAM, Mr. AKAKA, Mr. fee-for-service program. mane euthanasia and disposal is about ‘‘(iii) PAYMENTS BASED ON SHARED SAV- BEGICH, Mr. BROWN of Massa- the same as the cost of one month’s INGS.—If the requirement under clause (i) is chusetts, Mr. CARPER, Ms. COL- care, so it is not unreasonable to ex- met for a year— LINS, Mrs. GILLIBRAND, Mr. pect horse owners to accept responsi- ‘‘(I) 50 percent of the total savings pool es- KIRK, Mr. LAUTENBERG, Mr. bility and incur this minor expense. timated under clause (iv) for such year shall LEVIN, Mr. LIEBERMAN, Mr. Additionally, because we do not raise be made available for shared savings to be MENENDEZ, Ms. MIKULSKI, Mr. horses with the intent to slaughter for paid to ambulatory surgical centers under SANDERS, and Mr. SCHUMER): human consumption, they are fre- this paragraph; S. 1176. A bill to amend the Horse ‘‘(II) a percent (as determined appropriate quently treated with drugs not ap- by the Secretary, in accordance with sub- Protection Act to prohibit the ship- proved for use in animals raised for paragraph (H)) of such amount made avail- ping, transporting, moving, delivering, human consumption. These drugs can able for such year shall be paid as shared receiving, possessing, purchasing, sell- be toxic when ingested by humans. We savings to each ambulatory surgery center ing, or donation of horses and other have no system in the United States to that is determined under the Program to equines to be slaughtered for human track which medications a horse has have met or exceeded performance scores for consumption, and for other purposes; received throughout its lifetime, and as such year; and to the Committee on Commerce, such, American horse meat poses a ‘‘(III) all funds made available under sub- Science, and Transportation. food safety and export risk. clause (I) for such year shall be used and paid Ms. LANDRIEU. Mr. President, today as sharing savings for such year in accord- It is for all of these reasons that I am ance with subclause (II). I join my colleagues in introducing the committed to ensuring that this bill is ‘‘(iv) ESTIMATE OF THE TOTAL SAVINGS American Horse Slaughter Prevention brought to the attention of all of our POOL.—For purposes of clause (iii), the Sec- Act. This bill will prohibit the slaugh- colleagues here in the Senate. I look retary shall estimate for each year of the ter of horses for human consumption, a forward to working with the senior Program the total savings pool as the prod- practice that the majority of Ameri- Senator from South Carolina and oth- uct of— cans oppose and of which many are un- ers to address this important issue and ‘‘(I) the conversion factor for such year de- aware. The last American horse slaugh- pass a commonsense bill that reflects termined by the Secretary under the pay- terhouses were closed in 2007, and there ment system under paragraph (2)(D) divided the desires of many of our constitu- by the conversion factor calculated under is virtually no demand for horse meat ents, who support the humane treat- subsection (t)(3)(C) for such year for covered for human consumption in the United ment of our horses and the prohibition OPD services, multiplied by 100, and States. Unfortunately, tens of thou- of their slaughter for humane con- ‘‘(II)(aa) the product of the estimated sands of American horses are still sumption. Medicare expenditures for surgical services being inhumanely transported to for- Mr. President, I ask unanimous con- described in clause (i)(I) furnished during eign processing plants, where they are sent that the text of the bill be printed such year to Medicare fee-for-service bene- brutally slaughtered. in the RECORD. ficiaries (as defined in section 1899(h)(3)) for Horses are domestic animals that There being no objection, the text of which payment is made under subsection (t) have served men and women as loyal, and the average annual growth in the esti- the bill was ordered to be printed in mated Medicare expenditures for such serv- hard working companions for thou- the RECORD, as follows: ices furnished to Medicare fee-for-service sands of years; and today, they are S. 1176 used primarily for recreation, pleasure, beneficiaries (as so defined) for which pay- Be it enacted by the Senate and House of Rep- ment is made under subsection (t) in the and sport. Horses differ from other resentatives of the United States of America in most recent available 3 years, less livestock animals in that we do not Congress assembled, ‘‘(bb) the estimated Medicare expenditures raise them for the purpose of slaughter. SECTION 1. SHORT TITLE. for surgical services described in clause (i)(I) We raise and train them to trust us, This Act may be cited as the ‘‘American furnished to Medicare fee-for-service bene- perform for us, and allow us on their Horse Slaughter Prevention Act of 2011’’. ficiaries for which payment was made under subsection (t) in the most recent year. backs. As such, they are entitled to a SEC. 2. PROHIBITION ON SHIPPING, TRANS- PORTING, MOVING, DELIVERING, RE- ‘‘(J) NO EFFECT IN SUBSEQUENT CALENDAR sense of human compassion, of which the practice of horse slaughter is void. CEIVING, POSSESSING, PUR- YEARS.—The value-based percentage amount CHASING, SELLING, OR DONATION under subparagraph (H) and the percent de- Throughout the development of this OF HORSES AND OTHER EQUINES termined under subparagraph (I)(iii)(I) shall country, human consumption of horse FOR SLAUGHTER FOR HUMAN CON- apply only with respect to the calendar year meat has not been a widely accepted SUMPTION. involved, and the Secretary shall not take activity. This is undoubtedly due to (a) DEFINITIONS.—Section 2 of the Horse into account such amount or percentage in the unique relationship enjoyed be- Protection Act (15 U.S.C. 1821) is amended— making payments to an ambulatory surgery tween mankind and horses for thou- (1) by redesignating paragraphs (1), (2), (3), center under this section in a subsequent and (4) as paragraphs (2), (3), (5), and (6), re- calendar year.’’. sands of years. Horses were there in our spectively; SEC. 4. APC PANEL REPRESENTATION. work, on our farms, for transportation (2) by inserting before paragraph (2) (as re- (a) ASC REPRESENTATIVE.—The second sen- and communication in the taming of a designated by paragraph (1)) the following: tence of section 1833(t)(9)(A) of the Social Se- vast American Frontier, and on every ‘‘(1) The term ‘human consumption’ means curity Act (42 U.S.C. 1395l(t)(9)(A)) is amend- battlefield prior to World War II. They ingestion by people as a source of food.’’; and ed by inserting ‘‘and suppliers subject to the have proven their loyalty and nobility, (3) by inserting after paragraph (3) (as re- prospective payment system (including at and without them, the development of designated by paragraph (1)) the following: least one ambulatory surgical center rep- our country might not have been pos- ‘‘(4) The term ‘slaughter’ means the killing resentative)’’ after ‘‘an appropriate selection of 1 or more horses or other equines with the of representatives of providers’’. sible and at the least, would have been intent to sell or trade the flesh for human (b) EFFECTIVE DATE.—The amendment significantly more difficult. In modern consumption.’’. made by subsection (a) shall take effect on time, horses provide joy and entertain- (b) FINDINGS.—Section 3 of the Horse Pro- the date of the enactment of this Act. ment. Through racing, jumping, recre- tection Act (15 U.S.C. 1822) is amended—

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3693 (1) by redesignating paragraphs (1) through the Committee on Health, Education, tivity of our Nation’s educational sys- (5) as paragraphs (6) through (10), respec- Labor, and Pensions. tem. The Act would provide Federal tively; Mr. BINGAMAN. Mr. President, I rise funds to states and local school dis- (2) by adding before paragraph (6) (as redes- today to introduce a series of edu- ignated by paragraph (1)) the following: tricts to train teachers, purchase edu- ‘‘(1) horses and other equines play a vital cation bills S. 1177, S. 1178, and S. 1179, cation technology hardware and soft- role in the collective experience of the that reflect many of my legislative pri- ware, and support innovative learning orities in K–12 education policy and the United States and deserve protection and methods and student technological lit- compassion; reauthorization of the Elementary and eracy. ‘‘(2) horses and other equines are domestic Secondary Education Act. As Chair- animals that are used primarily for recre- man HARKIN, Ranking Member ENZI, All students, regardless of their ination, pleasure, and sport; and my Senate colleagues on the come levels, should be able to benefit ‘‘(3) unlike cows, pigs, and many other animals, horses and other equines are not raised Health, Education, Labor and Pensions from high expectations, high academic for the purpose of being slaughtered for Committee continue negotiations on standards, and college-level academic human consumption; the reauthorization of ESEA, I feel opportunities. The Advanced Programs ‘‘(4) individuals selling horses or other that it is appropriate to introduce leg- Act of 2011 would renew the current equines at auctions are seldom aware that islation that I have developed for in- ESEA program, which provides Federal the animals may be bought for the purpose clusion in the reauthorized legislation. funding to pay low-income students’ of being slaughtered for human consumption; While the bills I have introduced today ‘‘(5) the Animal and Plant Health Inspec- AP exam fees and incentive grants to do not address all of the many changes tion Service of the Department of Agri- that I feel are necessary to fix No Child expand student access to AP courses culture has found that horses and other and exams. equines cannot be safely and humanely Left Behind, they do emphasize areas transported in double deck trailers;’’; and of particular and longstanding concern Finally, I wish to highlight my co- (3) by striking paragraph (8) (as redesig- to me and my constituents. sponsorship of the Time for Innovation nated by paragraph (1)) and inserting the fol- I strongly believe that there must be Matters in Education Act, which Chair- lowing: a continued federal role in education in man HARKIN introduced on April 14th ‘‘(8) the movement, showing, exhibition, or the United States. I have great respect sale of sore horses in intrastate commerce, of this year. The TIME Act authorizes for State and local school officials, and and the shipping, transporting, moving, de- Federal funding to support expanded as such I believe that they continue to livering, receiving, possessing, purchasing, learning time, ELT, initiatives in pub- selling, or donation in intrastate commerce require Federal support to improve stu- of horses and other equines to be slaughtered dent achievement and improve gradua- lic schools. American students spend for human consumption, adversely affect and tion rates. Given the severe education about 30 percent less time in school burden interstate and foreign commerce;’’. funding challenges in my home State than students in other leading nations, (c) PROHIBITION.—Section 5 of the Horse of New Mexico and across the country, which hinders our students’ ability to Protection Act (15 U.S.C. 1824) is amended— Congress has a particular obligation to succeed and compete. ELT programs (1) by redesignating paragraphs (8) through retain its focus on student achieve- typically provide extra time for aca- (11) as paragraphs (9) through (12), respectively; and ment, especially among low-income demic student, enrichment activities, (2) by inserting after paragraph 7 the fol- and disadvantaged youth. and teacher collaboration. Studies lowing: Federal education policy should show that programs that significantly ‘‘(8) The shipping, transporting, moving, prioritize ending the nationwide high increase the total number of hours in a delivering, receiving, possessing, purchasing, school dropout crisis; supporting the regular school schedule can lead to selling, or donation of any horse or other effective use of education technology, gains in academic achievement, par- equine to be slaughtered for human con- especially in high-poverty schools; en- sumption.’’. suring that students benefit from high ticularly for students who are furthest (d) AUTHORITY TO DETAIN.—Section 6(e) of expectations, rigorous standards and behind. the Horse Protection Act (15 U.S.C. 1825(e)) is amended— curriculum; and extending the school Taken together, these four bills (1) by striking the first sentence of para- day, week, and/or year to ensure that present a coherent, consistent vision graph (1); U.S. students do not continue to fall for the Federal role in education re- (2) by redesignating paragraphs (1) and (2) behind our global competitors. form. We must turn around struggling and as paragraphs (2) and (3), respectively; Each year in the United States, ap- high schools and improve our high and proximately 1.2 million students drop school graduation rates. We must use (3) by inserting before paragraph (2) (as re- out of school without receiving a di- the best technology available to pro- designated by paragraph (2)) the following: ploma, at an estimated annual cost to vide solid instruction and develop the ‘‘(1) The Secretary may detain for exam- the country of over $300 billion. My ination, testing, or the taking of evidence— student technological literacy nec- home State of New Mexico has one of ‘‘(A) any horse at any horse show, horse ex- essary for success in the digital age. hibition, or horse sale or auction that is sore the lowest statewide graduation rates We must provide all students with ac- or that the Secretary has probable cause to in the country. The Graduation Prom- believe is sore; and ise Act, which I am introducing today, cess to high standards and college-level ‘‘(B) any horse or other equine that the authorizes a new Federal focus on help- academic opportunities. We must sup- Secretary has probable cause to believe is ing underperforming high schools import schools adding the school time being shipped, transported, moved, delivered, prove student achievement and in- necessary to allow our students to keep received, possessed, purchased, sold, or donated in violation of section 5(8).’’. crease graduation rates. pace with students in high-performing The Federal Government should sup- (e) AUTHORIZATION OF APPROPRIATIONS.— countries. Section 12 of the Horse Protection Act (15 port teachers using the most up-to- Now is not the time for the Federal date technology to prepare students for U.S.C. 1831) is amended by striking ‘‘$500,000’’ Government to back away from its and inserting ‘‘$5,000,000’’. success in college and 21st century ca- commitment to helping disadvantaged reers. Today, I reintroduced the students succeed in school and in life. By Mr. BINGAMAN: Achievement Through Technology and S. 1177. A bill to provide grants to Innovation Act of 2011. This bill would While the Elementary and Secondary States to improve high schools and renew and strengthen the existing edu- Education Act needs to be reconsidered raise graduation rates while ensuring cation technology program in ESEA. and substantially reworked, we must rigorous standards, to develop and im- The ATTAIN Act recognizes that learn- not roll back Federal policy and ignore plement effective school models for ing technologies are critical to pre- the persistent achievement gaps that struggling students and dropouts, and paring students for the 21st century limit our national competitiveness and to improve State policies to raise grad- workforce, ensuring high quality deny millions of our children access to uation rates, and for other purposes; to teaching, and improving the produc- the American dream.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3694 CONGRESSIONAL RECORD — SENATE June 9, 2011 SUBMITTED RESOLUTIONS ministrations have recognized that one of our staunchest allies—especially Israel’s boundaries of June 4, 1967 are on such a pivotal issue as Israel’s bor- indefensible and if reestablished will ders. This issue of these borders is only SENATE CONCURRENT RESOLU- create a strategic military vulnerabil- underscored by the constant attacks on TION 23—DECLARING THAT IT IS ity for our staunch ally. Israel’s borders by Iran’s surrogates, THE POLICY OF THE UNITED That is why President Obama’s re- Hezbollah and Hamas. STATES TO SUPPORT AND FA- cent comments were so dumbfounding. That is why I believe this Concurrent CILITATE ISRAEL IN MAINTAIN- The President’s prepared and thor- Resolution is so important. It reaffirms ING DEFENSIBLE BORDERS AND oughly considered remarks called for the long-held, bipartisan policy of the THAT IT IS CONTRARY TO the starting point of negotiations to be United States, that we will ‘‘support UNITED STATES POLICY AND what we all know are the militarily in- and facilitate Israel in maintaining de- NATIONAL SECURITY TO HAVE defensible 1967 lines. fensible borders and that it is contrary THE BORDERS OF ISRAEL RE- Remember, if Israel returns to the to United States policy and our na- TURN TO THE ARMISTICE LINES 1967 lines its territory will, in some lo- tional security to have the borders of THAT EXISTED ON JUNE 4, 1967 cations, be only 9 miles wide. Israel return to the armistice lines Mr. HATCH (for himself, Mr. As Prime Minister Benjamin that existed on June 4, 1967.’’ LIEBERMAN, Mr. RUBIO, Mr. NELSON of Netanyahu correctly stated in a friend- The United States has no greater Nebraska, Mr. JOHANNS, Mr. WYDEN, ly and appropriate correction to the friend than Israel and Israel has no Mr. MORAN, Mr. TOOMEY, Mr. INHOFE, President’s remarks, the 1967 lines are greater friend than the United States. Mr. BARRASSO, Mr. KIRK, Mr. BURR, Mr. not boundaries of peace. They are Israel too often finds herself alone in CORNYN, Mr. KYL, Mr. THUNE, Mr. boundaries of repeated war. the world, unjustly singled out by the PORTMAN, Mr. COATS, Mr. COBURN, Ms. Israel would have to give up the left as a nation uniquely without the AYOTTE, Mr. BOOZMAN, Mr. BLUNT, Mr. Golan Heights, the strategic elevated moral authority to defend itself. From my perspective, Israel does not BROWN of Massachusetts, Mr. VITTER, location which dominates northern need to apologize to anyone for defend- Mr. ROBERTS, Mr. ENZI, Mr. ISAKSON, Israel. Does the President not remem- ing itself against those who would do Ms. MURKOWSKI, Mr. WICKER, Mr. ber during the 1973 War the Syrians her harm, and I will always stand by LUGAR, and Mr. CHAMBLISS) submitted launched a massive armored attack on the following concurrent resolution; the Golan Heights which almost suc- Israel as she seeks to protect her citi- which was referred to the committee ceeded? zens against terrorists and their state on Foreign Relations: This raises the question of who Presi- sponsors. Having said that, I also believe many S. CON. RES. 23 dent Obama was attempting to appease Iranians, especially the young people, with his ill-advised statements, which Whereas, throughout its short history, know Iran is causing problems in the Israel, a liberal democratic ally of the unnecessarily drove a wedge between Middle East. We must support those United States, has been repeatedly attacked the United States and Israel? by authoritarian regimes and terrorist orga- The fact is the national security in- people who are searchers for freedom. The security of both our nations is nizations that denied its right to exist; terests of the United States and Israel irrevocably linked. This bipartisan Whereas the United States Government re- are linked. The threats Israel faces are mains steadfastly committed to the security concurrent resolution removes any the threats the United States faces. of Israel, especially its ability to maintain harmful ambiguity the President’s re- Whether it is Hezbollah in Lebanon, secure, recognized, and defensible borders; marks last week might have caused. Whereas the United States Government is Hamas in the Gaza Strip or these The United States must stand by resolutely bound to its policy of preserving groups’ benefactor, Iran, we share a Israel. With his remarks last week, and strengthening the capability of Israel to common foe. President Obama undermined her. deter enemies and defend itself against any Unfortunately, that foe, Iran, ap- Israel faces consistent unprovoked threat; pears to be growing stronger and more Whereas United Nations Security Council aggression by longtime supporters of capable. Iran has repeatedly stated it terrorism. But Israel is not a victim. Resolution 242 (1967) recognized Israel’s wishes to wipe the United States and ‘‘right to live in peace within secure and rec- All she asks is the ability to defend ognized boundaries free from threats or acts Israel off the map. Iran’s obvious aim herself and for free people to support of force’’; is to establish strategic dominance her right to self-defense. Whereas the United States has long recog- over the entire region. Their relentless This is no time for the United States nized that a return to the 1967 lines would pursuit of nuclear weapons and bal- to distance itself from Israel, and I will create a strategic military vulnerability for listic missile technology is of grave do everything I can to affirm Israel’s Israel and greatly impede its sovereign right concern. to defend its borders; and territorial integrity and ability to pro- Much has been said about Iran’s nu- tect her citizens against the Whereas Prime Minister of Israel Benjamin clear program, but much less has been Netanyahu correctly stated on May 20, 2011, unprovoked attacks of terrorist and that the 1967 lines were not ‘‘boundaries of articulated about its ballistic missile state actors. peace. They are the boundaries of repeated program. In order to achieve its stra- Because Israel is a true friend, I am war’’: Now, therefore, be it tegic objectives, Iran has embarked on not surprised that this resolution has Resolved by the Senate (the House of Rep- a significant ballistic missile program. strong bipartisan support. My col- resentatives concurring), That— Iranian officials have boasted they league, Senator LIEBERMAN, and I will (1) it is the policy of the United States to have the ability to produce a ballistic be joined by members of both parties support and facilitate Israel in creating and missile with a 1,250 mile range. In 2009, maintaining secure, recognized, and defen- who want to remind the world the sible borders; and the Iranians were able to launch a United States is steadfastly committed (2) it is contrary to United States policy multistage space launch vehicle that to the security of Israel and especially and our national security to have the bor- the Air Force concluded ‘‘can serve as our ally’s ability to maintain secure, ders of Israel return to the armistice lines a test-bed for long-range ballistic mis- recognized and defensible borders. that existed on June 4, 1967. sile technologies.’’ f Mr. HATCH. Mr. President, today I Even more troubling the Iranians ap- am pleased to rise and offer, with my pear to be developing a new long-range AMENDMENTS SUBMITTED AND good friend, the senior Senator from multistage solid rocket motor missile. PROPOSED Connecticut, a concurrent resolution Why is that important? If the Iranians SA 434. Mr. GRASSLEY submitted an which reaffirms our Nation’s steadfast successfully field this type of tech- amendment intended to be proposed by him and unshakable commitment to the se- nology, they will be able to launch, al- to the bill S. 782, to amend the Public Works curity of Israel, specifically through most instantaneously, missiles which and Economic Development Act of 1965 to re- the establishment of secure, recog- carry warheads over great distances. authorize that Act, and for other purposes; which was ordered to lie on the table. nized, and defensible borders. With these ominous developments SA 435. Mr. RUBIO submitted an amend- It is unfortunate that I am compelled emanating from Israel’s and the United ment intended to be proposed by him to the to offer such a resolution. For years, States common foe, do we really want bill S. 782, supra; which was ordered to lie on both Republican and Democratic ad- to be seen as distancing ourselves from the table.

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SA 436. Mr. COBURN (for himself and Mrs. ment intended to be proposed by her to the (b) AUTHORIZATION OF APPROPRIATIONS.— FEINSTEIN) submitted an amendment in- bill S. 782, supra; which was ordered to lie on Section 701(a) of the Public Works and Eco- tended to be proposed by him to the bill S. the table. nomic Development Act of 1965 (42 U.S.C. 782, supra. SA 458. Mr. LEE submitted an amendment 3231(a)) (as amended by section 19) is amend- SA 437. Mr. COBURN submitted an amend- intended to be proposed by him to the bill S. ed by striking ‘‘$500,000,000’’ and ment intended to be proposed by him to the 782, supra; which was ordered to lie on the inserting‘‘$150,000,000’’. bill S. 782, supra; which was ordered to lie on table. (c) TERMINATION OF GLOBAL CLIMATE the table. CHANGE MITIGATION INCENTIVE FUND.—Not SA 438. Mr. INHOFE (for himself, Mr. f later than 30 days after the date of enact- BLUNT, Mr. JOHANNS, Mr. COCHRAN, Mr. TEXT OF AMENDMENTS ment of this Act, the Secretary of Commerce COATS, and Mr. ROBERTS) submitted an shall terminate the Global Climate Change amendment intended to be proposed by him SA 434. Mr. GRASSLEY submitted an Mitigation Incentive Fund of the Depart- to the bill S. 782, supra. amendment intended to be proposed by ment of Commerce. SA 439. Mr. JOHANNS submitted an him to the bill S. 782, to amend the amendment intended to be proposed by him Public Works and Economic Develop- SA 438. Mr. INHOFE (for himself, Mr. to the bill S. 782, supra; which was ordered to ment Act of 1965 to reauthorize that BLUNT, Mr. JOHANNS, Mr. COCHRAN, Mr. lie on the table. Act, and for other purposes; which was COATS, and Mr. ROBERTS) submitted an SA 440. Mr. MERKLEY proposed an amend- ordered to lie on the table; as follows: amendment intended to be proposed by ment to the bill S. 782, supra. him to the bill S. 782, to amend the SA 441. Mr. MCCAIN proposed an amend- On page 29, after line 20, add the following: Public Works and Economic Develop- ment to amendment SA 436 submitted by Mr. SEC. 22. PERMANENT REAUTHORIZATION OF E- COBURN (for himself and Mr. CARDIN) to the VERIFY. ment Act of 1965 to reauthorize that bill S. 782, supra. Section 401(b) of the Illegal Immigration Act, and for other purposes; as follows: SA 442. Mrs. FEINSTEIN submitted an Reform and Immigrant Responsibility Act of At the end, add the following: amendment intended to be proposed by her 1996 (division C of Public Law 104–208; 8 TITLE II—REGULATORY ASSESSMENT to the bill S. 782, supra; which was ordered to U.S.C. 1324a note) is amended by striking SEC. 201. SHORT TITLE. lie on the table. ‘‘Unless the Congress otherwise provides, the This title may be cited as the ‘‘Comprehen- SA 443. Mrs. FEINSTEIN submitted an Secretary shall terminate a pilot program on sive Assessment of Regulations on the Econ- amendment intended to be proposed by her September 30, 2012.’’. omy Act of 2011’’. to the bill S. 782, supra; which was ordered to SEC. 202. DEFINITIONS. lie on the table. SA 435. Mr. RUBIO submitted an In this title: SA 444. Ms. SNOWE (for herself, Mrs. amendment intended to be proposed by (1) ADMINISTRATOR.—The term ‘‘Adminis- MCCASKILL, Mr. GRASSLEY, Mrs. HAGAN, Ms. him to the bill S. 782, to amend the trator’’ means the Administrator of the En- COLLINS, Mr. MERKLEY, and Mr. ENZI) sub- vironmental Protection Agency. mitted an amendment intended to be pro- Public Works and Economic Develop- (2) COMMITTEE.—The term ‘‘Committee’’ posed by her to the bill S. 782, supra; which ment Act of 1965 to reauthorize that means the Cumulative Regulatory Assess- was ordered to lie on the table. Act, and for other purposes; which was SA 445. Mr. COBURN (for himself and Mr. ordered to lie on the table; as follows. ment Committee established by section 203(a). INHOFE) submitted an amendment intended On page 29, after line 20, add the following: to be proposed by him to the bill S. 782, (3) FEDERAL REGULATORY MANDATE.—The SEC. 22. WATER QUALITY STANDARDS. supra; which was ordered to lie on the table. term ‘‘Federal regulatory mandate’’ means None of the amounts made available by SA 446. Mr. COBURN submitted an amend- any regulation, rule, requirement, or inter- this Act, the amendments made by this Act, ment intended to be proposed by him to the pretative guidance that— or any other provision of law may be used to bill S. 782, supra; which was ordered to lie on (A) is promulgated or issued (or is expected implement, administer, or enforce the final the table. to be initiated) by the Administrator or a rule of the Environmental Protection Agen- SA 447. Mr. COBURN submitted an amend- State or local government during the period cy entitled ‘‘Water Quality Standards for the ment intended to be proposed by him to the beginning on January 1, 2010, and ending on State of Florida’s Lakes and Flowing Wa- bill S. 782, supra; which was ordered to lie on January 1, 2020; ters’’ (75 Fed. Reg. 75762 (December 6, 2010)). the table. (B) applies to 1 or more impacted units; SA 448. Mr. COBURN submitted an amend- and ment intended to be proposed by him to the SA 436. Mr. COBURN (for himself and (C) implements any provision or require- bill S. 782, supra; which was ordered to lie on Mrs. FEINSTEIN) submitted an amendment relating to— the table. ment intended to be proposed by him (i) interstate or international transport of SA 449. Mr. COBURN submitted an amend- to the bill S. 782, to amend the Public air pollution under section 110(a)(2)(D), 115, ment intended to be proposed by him to the Works and Economic Development Act or 126(b) of the Clean Air Act (42 U.S.C. bill S. 782, supra; which was ordered to lie on 7410(a)(2)(D), 7415, 7426(b)) with respect to of 1965 to reauthorize that Act, and for any national ambient air quality standard, the table. other purposes; as follows. SA 450. Mr. COBURN (for himself, Ms. COL- including— LINS, and Mrs. MCCASKILL) submitted an Beginning on page 17, strike line 14 and all (I) any standard that has been promulgated amendment intended to be proposed by him that follows through page 18, line 10, and in- or proposed before July 1, 2011; and to the bill S. 782, supra; which was ordered to sert the following: (II) any new or revised standard for ozone lie on the table. (a) BRIGHTFIELDS DEMONSTRATION PRO- or fine particulate matter that, as of the SA 451. Mr. COBURN submitted an amend- GRAM.—Section 218 of the Public Works and date of enactment of this Act, is currently ment intended to be proposed by him to the Economic Development Act of 1965 (42 U.S.C. under review or development by the Admin- bill S. 782, supra; which was ordered to lie on 3154d) is repealed. istrator; and the table. (b) TERMINATION OF GLOBAL CLIMATE (ii) the attainment, or maintenance of at- SA 452. Mr. COBURN submitted an amend- CHANGE MITIGATION INCENTIVE FUND.—Not tainment, of any national ambient air qual- ment intended to be proposed by him to the later than 30 days after the date of enact- ity standard, including— bill S. 782, supra; which was ordered to lie on ment of this Act, the Secretary of Commerce (I) any new or revised standard for ozone or the table. shall terminate the Global Climate Change fine particulate matter that, as of the date SA 453. Mrs. FEINSTEIN submitted an Mitigation Incentive Fund of the Depart- of enactment of this Act, is currently under amendment intended to be proposed by her ment of Commerce. review or development by the Administrator; to the bill S. 782, supra; which was ordered to and lie on the table. SA 437. Mr. COBURN submitted an (II) any other standard that has been pro- SA 454. Mrs. FEINSTEIN submitted an amendment intended to be proposed by mulgated or proposed before July 1, 2011; amendment intended to be proposed by her him to the bill S. 782, to amend the (iii) new source performance standards to the bill S. 782, supra; which was ordered to Public Works and Economic Develop- under section 111 of the Clean Air Act (42 lie on the table. ment Act of 1965 to reauthorize that U.S.C. 7411), including any standards under SA 455. Mrs. FEINSTEIN submitted an subsection (d) of that section; amendment intended to be proposed by her Act, and for other purposes; which was (iv) hazardous air pollutants under section to the bill S. 782, supra; which was ordered to ordered to lie on the table; as follows. 112 of the Clean Air Act (42 U.S.C. 7412); lie on the table. Beginning on page 17, strike line 14 and all (v) greenhouse gas emissions under titles I, SA 456. Mrs. FEINSTEIN submitted an that follows through page 18, line 10, and in- II, and V of the Clean Air Act (42 U.S.C. 7401 amendment intended to be proposed by her sert the following: et seq.), including the requirements for— to the bill S. 782, supra; which was ordered to (a) BRIGHTFIELDS DEMONSTRATION PRO- (I) new source performance standards lie on the table. GRAM.—Section 218 of the Public Works and under section 111 of the Clean Air Act (42 SA 457. Ms. STABENOW (for herself and Economic Development Act of 1965 (42 U.S.C. U.S.C. 7411), including any standards under Mr. BROWN of Ohio) submitted an amend- 3154d) is repealed. subsection (d) of that section; and

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3696 CONGRESSIONAL RECORD — SENATE June 9, 2011 (II) preconstruction review permits under (i) employment, including job levels in (II) the retirement or closure of domestic section 165 of the Clean Air Act (42 U.S.C. each segment of the economy and each re- petrochemical facilities that are impacted 7475); gion of the United States, including coal-pro- units described in clause (i); (vi) cooling water intake structures under ducing regions; (III) the likely foreign-sourced replace- section 316(b) of the Clean Water Act (33 (ii) economic development, including pro- ment for the petrochemical supplies loss U.S.C. 1326(b)); duction levels and labor demands in manu- caused by the retirements or closures identi- (vii) effluent guidelines for regulating the facturing, commercial, and other sectors of fied under subclause (II); and discharge of pollutants under section 304 of the economy; (IV) other direct and indirect impacts that the Clean Water Act (33 U.S.C. 1314); (iii) the electric power sector, including are expected to result from the cumulative (viii) the handling and disposal of coal potential impacts on electric reliability, en- compliance obligations of the Federal regu- combustion residuals under subtitle C or D ergy security, and retail electricity rates; latory mandates. of the Solid Waste Disposal Act (42 U.S.C. (iv) the domestic refining and petro- (v) The direct and indirect adverse impacts 6921 et seq.); chemical sector, including potential impacts on the economies of local communities that (ix) the regulation of fuels under title II of on supply, international competitiveness, are projected to result from the retirement the Clean Air Act (42 U.S.C. 7521 et seq.); wholesale and retail transportation fuels, of impacted units described in clause (i) and (x) regional haze or reasonably attrib- and heating oil and petrochemical prices; increased retail electricity, transportation utable visibility impairment under section (v) State and local governments, including fuels, heating oil, and petrochemical prices 169A or section 169B of the Clean Air Act (42 potential impacts on governmental oper- that are forecasted under clause (ii), includ- U.S.C. 7491, 7492); and ations and local communities from any re- ing— (xi) any other environmental regulations ductions in State and local tax revenues; (I) loss of jobs, including jobs that would expected to have a significant impact on the (vi) small businesses (as defined in section be lost that relate directly or indirectly to electric power sector, the petroleum refining 601 of title 5, United States Code), including coal production or petroleum refining; sector, the petrochemical production sector, economic and regulatory impacts that could (II) reduction in State and local tax reve- pipeline facilities regulated by the Depart- force the shutdown or limit the growth of nues; ment of Transportation or the Environ- small businesses; (III) harm to small businesses; mental Protection Agency, exploration, pro- (vii) agriculture, including economic and (IV) harm to consumers; duction, or transportation of oil and natural regulatory impacts that could force the (V) reduction in— gas, or any other manufacturing sector. shutdown, or limit growth or productive ca- (aa) the production and use of coal; and (4) IMPACTED UNIT.—The term ‘‘impacted pacity, of the agricultural industry in the (bb) the domestic production of transpor- unit’’ means— United States, including the domestic fer- tation fuels, heating oil, and petrochemicals (A) any electric generating unit that sells tilizer manufacturing industry; and in the United States; and electricity into the grid; (VI) other resulting adverse economic or (B) any industrial, commercial, or institu- (viii) energy-intensive, trade-exposed industry (as defined in North American Indus- energy impacts. tional boiler or process heater; (vi) The extent to which the direct and in- (C) any petroleum refining facility that try Classification System codes 31, 32, and 33) (including the beneficiation or processing direct adverse economic impacts identified produces gasoline, heating oil, diesel fuel, jet under clause (v) can be mitigated through fuel, kerosene, or petrochemical feedstocks; (including agglomeration) of metal ores (including iron and copper ores), soda ash, or the creation of additional jobs and new eco- (D) any petrochemical facility; nomic growth as a result of renewable en- (E) any hydrocarbon exploration, extrac- phosphate, petroleum refining, and petrochemicals production), including economic ergy projects, energy efficiency measures, tion, manufacturing, production, or trans- and other such energy construction projects portation facility; or and regulatory impacts that could force the shutdown, or limit growth of productive ca- that are projected to be undertaken in order (F) any biofuel facility. to meet future energy demands. pacity, of the United States manufacturing SEC. 203. CUMULATIVE REGULATORY ASSESS- (vii) The cumulative effects of Federal reg- industry. MENT COMMITTEE. ulatory mandates on the ability of industries (B) COMPREHENSIVE ANALYSIS.—The assess- (a) ESTABLISHMENT.—There is established and businesses in the United States to comment shall include a comprehensive analysis, within the Department of Commerce a Com- pete with industries and businesses in other for the period beginning on January 1, 2012, mittee, to be known as the ‘‘Cumulative countries, with respect to competitiveness in and ending on December 31, 2025, of the fol- Regulatory Assessment Committee’’. both domestic and foreign markets. (b) COMPOSITION OF COMMITTEE.—The Com- lowing matters: (viii) The regions of the United States that mittee shall consist of the following officials (i) The impacted units that would likely are forecasted to be— (or designees of the officials): retire due to the cumulative compliance (I) most affected from the direct and indi- (1) The Secretary of Agriculture. costs of the Federal regulatory mandates. rect adverse impacts from the retirement of (2) The Secretary of Commerce. (ii) The amount by which average retail impacted units and increased retail elec- (3) The Secretary of Defense. electricity prices are forecasted to increase tricity, transportation fuels, heating oil, and (4) The Chairperson of the Council of Eco- above inflation as a result of— petrochemicals price, as identified under nomic Advisers. (I) the cumulative compliance costs of the clause (v); and (5) The Secretary of Energy. Federal regulatory mandates; (II) least affected from such adverse im- (6) The Administrator. (II) the retirement of electric generating pacts due to the creation of new jobs and (7) The Chairperson of the Federal Energy units that are impacted units described in economic growth that are expected to result Regulatory Commission. clause (i); and directly and indirectly from the energy con- (8) The Secretary of Labor. (III) other direct and indirect impacts that struction projects, as identified under clause (9) The Administrator of the Office of In- are expected to result from the cumulative (vi). formation and Regulatory Affairs. compliance obligations of the Federal regu- (ix) The cumulative effects of the Federal (10) The President and Chief Executive Of- latory mandates. regulatory mandates on the electric power ficer of the North American Electric Reli- (iii) The amount by which average retail sector, including— ability Corporation. transportation fuel and heating oil prices are (I) adverse impacts on electric reliability (11) The Chief Counsel for Advocacy of the forecasted to increase above inflation as a that are expected to result from the retire- Small Business Administration. result of— ment of electric generating units identified (c) LEADERSHIP; OPERATIONS.—The Sec- (I) the cumulative compliance costs of the retary of Commerce shall— under clause (i); Federal regulatory mandates; (1) serve as the Chairperson of the Com- (II) the geographical distribution of the (II) the retirement or closure of domestic mittee; and projected adverse electric reliability impacts refineries that are impacted units described (2) be responsible for the executive and ad- identified in subclause (I), according to the in clause (i); ministrative operation of the Committee. regions established by North American Elec- (III) the likely foreign-sourced replace- (d) IDENTIFICATION OF FEDERAL REGU- tric Reliability Corporation; and LATORY MANDATES.—Not later than 30 days ment for the transportation fuels and heat- (III) an assessment of whether current after the date of enactment of this Act, the ing oil supplies loss caused by the retire- plans to expand electricity generation and Administrator shall provide to the Com- ments or closures identified under subclause transmission capabilities for each particular mittee a list of Federal regulatory man- (II); and region can be optimized to mitigate those dates. (IV) other direct and indirect impacts that projected adverse reliability impacts. (e) DUTIES.— are expected to result from the cumulative (x) Federal, State, and local policies that (1) ASSESSMENT.— compliance obligations of the Federal regu- have been or will be implemented to foster a (A) IN GENERAL.—The Committee shall per- latory mandates. transition in energy infrastructure in the form an assessment of the cumulative energy (iv) The amount by which average petro- United States, including those policies that and economic impacts of the Federal regu- chemical prices are forecasted to increase promote fuel diversity, affordable and reli- latory mandates in accordance with this sub- above inflation as a result of— able electricity, and energy security. section, including direct, indirect, quantifi- (I) the cumulative compliance costs of the (2) CONSULTATION WITH STATE AND LOCAL able, and qualitative effects on— Federal regulatory mandates; GOVERNMENTS.—The Committee shall consult

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3697 with representatives of State and local gov- nonprofit or community-based organization, (iv) energy or energy efficiency services ernments— energy service company, retailer, or any contracts; (A) to identify potential adverse cumu- other qualified entity that— (v) energy efficiency power purchase agree- lative impacts of the Federal regulatory (A) meets the eligibility requirements of ments; mandates that have unique or significant re- this section; and (vi) unsecured loans applying the under- percussions for each particular region of the (B) is designated by the Governor of a writing requirements of the energy loan pro- United States; and State. gram of the Federal National Mortgage Asso- (B) to investigate opportunities and strate- (4) QUALIFIED LOAN PROGRAM MECHANISM.— ciation; or gies for mitigating the adverse impacts and The term ‘‘qualified loan program mecha- (vii) alternative contractual repayment repercussions identified under subparagraph nism’’ means a loan program that is— mechanisms that have been demonstrated to (A). (A) administered by a qualified financing have appropriate risk mitigation features; (3) METHODOLOGY.—The Committee shall— entity; and and (A) use the best available information and (B) principally funded— (C) will provide, in a timely manner, all in- peer-reviewed economic models in per- (i) by funds provided by or overseen by a formation regarding the administration of forming the cumulative regulatory impact State; or the program as the Secretary may require to assessment under this subsection; and (ii) through the energy loan program of the permit the Secretary to meet the reporting (B) seek public comment on the cost, en- Federal National Mortgage Association. requirements of subsection (i). ergy, and other modeling assumptions used (5) SECRETARY.—The term ‘‘Secretary’’ (g) USE OF FUNDS.—Funds made available in performing the assessment. means the Secretary of Energy. to States under the program may be used to (4) PUBLIC NOTICE AND COMMENT.—The Com- (b) ESTABLISHMENT.—The Secretary shall support financing products offered by quali- mittee shall provide public notice and the establish an Energy Efficiency Loan Pro- fied financing entities to eligible partici- opportunity for comment on a draft cumu- gram under which the Secretary shall make pants for eligible energy efficiency work, by lative regulatory impact assessment to be funds available to States to support financial providing— (1) interest rate reductions; prepared under this subsection. assistance provided by qualified financing (2) loan loss reserves or other forms of (5) REPORT TO CONGRESS AND STATES.—Not entities for making qualified energy effi- credit enhancement; later than January 1, 2012, the Committee ciency or renewable efficiency improvements (3) revolving loan funds from which quali- shall submit to Congress and the Governor of listed under subsection (d). fied financing entities may offer direct each State a detailed report of the cumu- (c) ELIGIBILITY OF QUALIFIED FINANCING EN- loans; or lative assessment performed under this sub- TITIES.—To be eligible to participate in the (4) other debt instruments or financial section. program, a qualified financing entity shall— (1) offer a financing product under which products necessary— SEC. 204. SAVINGS CLAUSE. eligible participants may pay over time for (A) to maximize leverage provided through Nothing in this title confirms, modifies, or the cost to the eligible participant (after all available funds; and otherwise affects the statutory authority for applicable Federal, State, local, and other (B) to support widespread deployment of adopting and implementing the Federal reg- rebates or incentives are applied) of making energy efficiency finance programs. ulatory mandates. improvements listed under subsection (d); (h) USE OF REPAYMENT FUNDS.—In the case of a revolving loan fund established by a Mr. JOHANNS submitted an (2) require all financed improvements to be SA 439. performed by contractors in a manner that State described in subsection (g)(3), a qualified financing entity may use funds repaid by amendment intended to be proposed by meets minimum standards established by the eligible participants under the program to him to the bill S. 782, to amend the Secretary; and provide financial assistance for additional el- Public Works and Economic Develop- (3) establish standard underwriting criteria igible participants to make improvements to determine the eligibility of program ap- ment Act of 1965 to reauthorize that listed under subsection (d) in a manner that Act, and for other purposes; which was plicants, which criteria shall be consistent is consistent with this section or other such ordered to lie on the table; as follows: with— criteria as are prescribed by the State. (A) with respect to unsecured consumer At the end, add the following: (i) PROGRAM EVALUATION.—Not later than 1 loan programs, standard underwriting cri- year after the date of enactment of this Act, SEC. ll. SENSE OF THE SENATE. teria used under the energy loan program of It is the sense of the Senate that, for each the Secretary shall submit to Congress a the Federal National Mortgage Association; program evaluation that describes— fiscal year for which amounts are appro- or (1) how many eligible participants have priated to carry out programs authorized (B) with respect to secured loans or other participated in the program; under this Act or the amendments made by forms of financial assistance, commercially (2) how many jobs have been created this Act, if those amounts exceed the recognized best practices applicable to the through the program, directly and indi- amounts appropriated to carry out the same form of financial assistance being provided rectly; programs in fiscal year 2007, other discre- (as determined by the designated entity ad- (3) what steps could be taken to promote tionary spending should be reduced by an ministering the program in the State). further deployment of energy efficiency and amount that is equal to the difference be- (d) QUALIFIED ENERGY EFFICIENCY OR RE- renewable energy retrofits; tween— NEWABLE ENERGY IMPROVEMENTS.—Not later (4) the quantity of verifiable energy sav- (1) the amounts appropriated to carry out than 90 days after the date of enactment of ings, homeowner energy bill savings, and programs authorized under this Act or the this Act, the Secretary shall publish a list of other benefits of the program; and amendments made by this Act; and energy efficiency or renewable energy im- (5) the performance of the programs car- (2) the amounts appropriated to carry out provements to existing homes that qualify ried out by qualified financing entities under the same programs in fiscal year 2007. under the program. this section, including information on the (e) ALLOCATION.—In making funds avail- rate of default and repayment. SA 440. Mr. MERKLEY proposed an able to States for each fiscal year under this (j) CREDIT SUPPORT FOR FINANCING PRO- amendment to the bill S. 782, to amend section, the Secretary shall use the formula GRAMS.—Section 1705 of the Energy Policy the Public Works and Economic Devel- used to allocate funds to States to carry out Act of 2005 (42 U.S.C. 16516) is amended— opment Act of 1965 to reauthorize that State energy conservation plans established (1) in subsection (a), by adding at the end under part D of title III of the Energy Policy Act, and for other purposes; as follows: the following: and Conservation Act (42 U.S.C. 6321 et seq.). ‘‘(4) Energy efficiency projects, including At the end of the bill, add the following: (f) QUALIFIED FINANCING ENTITIES.—Before projects to retrofit residential, commercial, SEC. ll. LOW-COST ENERGY EFFICIENCY making funds available to a State under this and industrial buildings, facilities, and LOANS. section, the Secretary shall require the Gov- equipment, including financing programs (a) DEFINITIONS.—In this section: ernor of the State to provide to the Sec- that finance the retrofitting of residential, (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- retary a letter of assurance that the State— commercial, and industrial buildings, facili- gible participant’’ means a homeowner who (1) has 1 or more qualified financing entities, and equipment.’’. receives financial assistance from a qualified ties that meet the requirements of this sec- (2) by redesignating subsection (e) as sub- financing entity to carry out energy effi- tion; section (f); and ciency or renewable energy improvements to (2) has established a qualified loan pro- (3) by inserting after subsection (d) the fol- an existing home or other residential build- gram mechanism that— lowing: ing of the homeowner listed under subsection (A) includes a methodology to ensure cred- ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO- (d). ible energy savings or renewable energy gen- GRAMS.— (2) PROGRAM.—The term ‘‘program’’ means eration; ‘‘(1) IN GENERAL.—In the case of programs the Energy Efficiency Loan Program estab- (B) incorporates an effective repayment that finance the retrofitting of residential, lished under subsection (b). mechanism, which may include— commercial, and industrial buildings, facili- (3) QUALIFIED FINANCING ENTITY.—The term (i) on-utility-bill repayment; ties, and equipment described in subsection ‘‘qualified financing entity’’ means a State, (ii) tax assessment or other form of prop- (a)(4), the Secretary may— political subdivision of a State, tribal gov- erty assessment financing; ‘‘(A) offer loan guarantees for portfolios of ernment, electric utility, natural gas utility, (iii) municipal service charges; debt obligations; and

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‘‘(B) purchase or make commitments to ‘‘(ss) BABY BOTTLE OR CUP.—For purposes (5) DEFINITION.—For purposes of this sec- purchase portfolios of debt obligations. of section 402(j), the term ‘baby bottle or tion, the term ‘‘container’’ includes the lin- ‘‘(2) TERM.—Notwithstanding section cup’ means a bottle or cup that— ing of a container. 1702(f), the term of any debt obligation that ‘‘(1) is intended to aid in the feeding or pro- receives credit support under this subsection viding of drink to children 3 years of age or SA 443. Mrs. FEINSTEIN submitted shall require full repayment over a period younger; and an amendment intended to be proposed not to exceed the lesser of— ‘‘(2) does not contain a food when such bot- by her to the bill S. 782, to amend the ‘‘(A) 30 years; and tle or cup is sold or distributed at retail.’’. Public Works and Economic Develop- ‘‘(B) the projected weighted average useful (C) EFFECTIVE DATES.— ment Act of 1965 to reauthorize that life of the measure or system financed by the (i) BABY FOOD.—Section 402(j)(1) of the Fed- eral Food, Drug, and Cosmetic Act, as added Act, and for other purposes; which was debt obligation or portfolio of debt obliga- ordered to lie on the table; as follows: tions (as determined by the Secretary). by subparagraph (A), shall take effect 1 year ‘‘(3) UNDERWRITING.—The Secretary may— after the date of enactment of this Act. On page 29, after line 20, add the following: ‘‘(A) delegate underwriting responsibility (ii) UNFILLED BABY BOTTLES AND CUPS.— SEC. 22. PROTECTION OF CONSUMERS FROM EX- for portfolios of debt obligations under this Section 402(j)(2) of the Federal Food, Drug, CESSIVE, UNJUSTIFIED, OR UN- FAIRLY DISCRIMINATORY RATES. subsection to financial institutions that and Cosmetic Act, as added by subparagraph (a) SHORT TITLE.—This section may be meet qualifications determined by the Sec- (A), shall take effect 180 days after the date cited as the ‘‘Health Insurance Rate Review retary; and of enactment of this Act. (2) BAN ON USE OF BISPHENOL A IN INFANT Act’’. ‘‘(B) determine an appropriate percentage (b) PROTECTION OF CONSUMERS FROM EXCES- FORMULA CONTAINERS.— of loans in a portfolio to review in order to SIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINA- (A) IN GENERAL.—Section 412(a) of the Fed- confirm sound underwriting. TORY RATES.— ‘‘(4) ADMINISTRATION.—Subsections (c) and eral Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a)) is amended— (1) IN GENERAL.—The first section 2794 of (d)(3) of section 1702 and subsection (c) of the Public Health Service Act (42 U.S.C. this section shall not apply to loan guaran- (i) in paragraph (2), by striking ‘‘, or’’ and inserting ‘‘,’’; 300gg–94), as added by section 1003 of the Pa- tees made under this subsection.’’. tient Protection and Affordable Care Act (k) AUTHORIZATION OF APPROPRIATIONS.— (ii) in paragraph (3), by striking the period at the end and inserting ‘‘, or’’; and (Public Law 111–148), is amended by adding There are authorized to be appropriated to at the end the following new subsection: carry out this section and the amendments (iii) by adding at the end the following: ‘‘(4) the container of such infant formula ‘‘(e) PROTECTION FROM EXCESSIVE, UNJUSTI- made by this section such sums as are nec- FIED, OR UNFAIRLY DISCRIMINATORY RATES.— essary. (including the lining of such container and, in the case of infant formula powder, exclud- ‘‘(1) AUTHORITY OF STATES.—Nothing in ing packaging on the outside of the con- this section shall be construed to prohibit a Mr. MCCAIN proposed an SA 441. tainer that does not come into contact with State from imposing requirements (including amendment to amendment SA 436 sub- the infant formula powder) is composed, in requirements relating to rate review stand- mitted by Mr. COBURN to the bill S. 782, whole or in part, of bisphenol A.’’. ards and procedures and information report- to amend the Public Works and Eco- (B) EFFECTIVE DATE.—The amendments ing) on health insurance issuers with respect nomic Development Act of 1965 to reau- made by subparagraph (A) shall take effect to rates that are in addition to the require- thorize that Act, and for other pur- 18 months after the date of enactment of this ments of this section and are more protec- tive of consumers than such requirements. poses; as follows. Act. (3) REGULATION OF OTHER CONTAINERS COM- ‘‘(2) CONSULTATION IN RATE REVIEW PROC- At the appropriate place insert the fol- POSED OF BISPHENOL A.— ESS.—In carrying out this section, the Sec- lowing: (A) SAFETY ASSESSMENT OF PRODUCTS COM- retary shall consult with the National Asso- SEC. ll. PROHIBITION ON USE OF FEDERAL POSED OF BPA.—Not later than December 1, ciation of Insurance Commissioners and con- FUNDS TO CONSTRUCT ETHANOL 2012, the Secretary of Health and Human sumer groups. BLENDER PUMPS OR ETHANOL Services (referred to in this Act as the ‘‘Sec- ‘‘(3) DETERMINATION OF WHO CONDUCTS RE- STORAGE FACILITIES. retary’’) shall issue a revised safety assess- VIEWS FOR EACH STATE.—The Secretary shall Effective beginning on the date of enactment for food containers composed, in whole determine, after the date of enactment of ment of this Act, no funds made available by or in part, of bisphenol A, taking into con- this section and periodically thereafter, the Federal law (including funds in any trust sideration different types of such food con- following: fund to which funds are made by Federal tainers and the use of such food containers ‘‘(A) In which States the State insurance law) shall be expended for the construction with respect to different foods, as appro- commissioner or relevant State regulator of an ethanol blender pump or an ethanol priate. shall undertake the corrective actions under storage facility. (B) SAFETY STANDARD.—Through the safety paragraph (4), as a condition of the State re- assessment described in paragraph (1), and ceiving the grant in subsection (c), based on SA 442. Mrs. FEINSTEIN submitted taking into consideration the requirements the Secretary’s determination that the State an amendment intended to be proposed of section 409 of the Federal Food, Drug, and is adequately prepared to undertake and is by her to the bill S. 782, to amend the Cosmetic Act (21 U.S.C. 348) and section adequately undertaking such actions. Public Works and Economic Develop- 170.3(i) of title 21, Code of Federal Regula- ‘‘(B) In which States the Secretary shall ment Act of 1965 to reauthorize that tions, the Secretary shall determine whether undertake the corrective actions under para- Act, and for other purposes; which was there is a reasonable certainty that no harm graph (4), in cooperation with the relevant will result from aggregate exposure to State insurance commissioner or State regu- ordered to lie on the table; as follows. bisphenol A through food containers or other lator, based on the Secretary’s determina- On page 29, after line 20, add the following: items composed, in whole or in part, of tion that the State is not adequately pre- SEC. 22. REQUIREMENTS WITH RESPECT TO bisphenol A, taking into consideration po- pared to undertake or is not adequately un- BISPHENOL A. tential adverse effects from low dose expo- dertaking such actions. (a) SHORT TITLE.—This section may be sure, and the effects of exposure on vulner- ‘‘(4) CORRECTIVE ACTION FOR EXCESSIVE, UN- cited as the ‘‘Ban Poisonous Additives Act of able populations, including pregnant women, JUSTIFIED, OR UNFAIRLY DISCRIMINATORY 2011’’. infants, children, the elderly, and popu- RATES.—In accordance with the process es- (b) REQUIREMENTS WITH RESPECT TO lations with high exposure to bisphenol A. tablished under this section, the Secretary BISPHENOL A.— (C) APPLICATION OF SAFETY STANDARD TO or the relevant State insurance commis- (1) BAN ON USE OF BISPHENOL A IN FOOD AND ALTERNATIVES.—The Secretary shall use the sioner or State regulator shall take correc- BEVERAGE CONTAINERS FOR CHILDREN.— safety standard described under subpara- tive actions to ensure that any excessive, un- (A) BABY FOOD; UNFILLED BABY BOTTLES AND graph (B) to evaluate the proposed uses of al- justified, or unfairly discriminatory rates CUPS.—Section 402 of the Federal Food, Drug, ternatives to bisphenol A. are corrected prior to implementation and Cosmetic Act (21 U.S.C. 342) is amended (4) SAVINGS PROVISION.—Nothing in this through mechanisms such as— by adding at the end the following: section shall affect the right of a State, po- ‘‘(A) denying rates; ‘‘(j)(1) If it is a food intended for children litical subdivision of a State, or Indian Tribe ‘‘(B) modifying rates; or 3 years of age or younger, the container of to adopt or enforce any regulation, require- ‘‘(C) requiring rebates to consumers.’’. which (including the lining of such con- ment, liability, or standard of performance (2) CLARIFICATION OF REGULATORY AUTHOR- tainer) is composed, in whole or in part, of that is more stringent than a regulation, re- ITY.—Such section is further amended— bisphenol A. quirement, liability, or standard of perform- (A) in subsection (a)— ‘‘(2) If it is a baby bottle or cup that is ance under this section or that— (i) in the heading, by striking ‘‘PREMIUM’’ composed, in whole or in part, of bisphenol (A) applies to a product category not de- and inserting ‘‘RATE’’; A.’’. scribed in this section; or (ii) in paragraph (1), by striking ‘‘unrea- (B) DEFINITION.—Section 201 of the Federal (B) requires the provision of a warning of sonable increases in premiums’’ and insert- Food, Drug, and Cosmetic Act (21 U.S.C. 321) risk, illness, or injury associated with the ing ‘‘potentially excessive, unjustified, or is amended by adding at the end the fol- use of food containers composed, in whole or unfairly discriminatory rates, including pre- lowing: in part, of bisphenol A. miums,’’; and

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3699 (iii) in paragraph (2)— SEC. ll2. DEFINITIONS. equal to the portion of any payment by the (I) by striking ‘‘an unreasonable premium In this title— Federal Government under a prime contract increase’’ and inserting ‘‘a potentially exces- (1) the term ‘‘8(a) program’’ means the pro- that was used for a subcontract described in sive, unjustified, or unfairly discriminatory gram under section 8(a) of the Small Busi- subparagraph (B) or (C) of paragraph (1), re- rate’’; ness Act (15 U.S.C. 637(a)); spectively. (II) by striking ‘‘the increase’’ and insert- (2) the terms ‘‘Administration’’ and ‘‘Ad- ‘‘(C) In a proceeding described in subpara- ing ‘‘the rate’’; and ministrator’’ mean the Small Business Ad- graph (A) or (B), no credit shall be applied (III) by striking ‘‘such increases’’ and in- ministration and the Administrator thereof, against any loss or damages to the Federal serting ‘‘such rates’’; respectively; Government for the fair market value of the (B) in subsection (b)— (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone property or services provided to the Federal (i) by striking ‘‘premium increases’’ each small business concern’’ and ‘‘HUBZone Government.’’; place it appears and inserting ‘‘rates’’; and map’’ have the meanings given those terms (2) by striking subsection (e) and inserting (ii) in paragraph (2)(B), by striking ‘‘pre- in section 3(p) of the Small Business Act (15 the following: mium’’ and inserting ‘‘rate’’; and U.S.C. 632(p)), as amended by this Act; ‘‘(e) Any representation of the status of (C) in subsection (c)(1)— (4) the term ‘‘recertification’’ means a de- any concern or person as a ‘small business (i) in the heading, by striking ‘‘PREMIUM’’ termination by the Administrator that a concern’, a ‘qualified HUBZone small busi- and inserting ‘‘RATE’’; business concern that was previously deter- ness concern’, a ‘small business concern (ii) by inserting ‘‘that satisfy the condition mined to be a qualified HUBZone small busi- owned and controlled by socially and eco- under subsection (e)(3)(A)’’ after ‘‘award ness concern is a qualified HUBZone small nomically disadvantaged individuals’, a grants to States’’; and business concern under section 3(p)(5) of the ‘small business concern owned and con- (iii) in subparagraph (A), by striking ‘‘pre- Small Business Act (15 U.S.C. 632(p)(5)); and trolled by women’, or a ‘small business con- mium increases’’ and inserting ‘‘rates’’. (5) the term ‘‘small business concern’’ has cern owned and controlled by service-disabled veterans’, in order to obtain any prime (3) CONFORMING AMENDMENT.—Title XXVII the meaning given that term under section 3 of the Public Health Service Act (42 U.S.C. of the Small Business Act (15 U.S.C. 632). contract, subcontract, grant, or cooperative 300gg et seq.) is amended— SEC. ll3. FRAUD DETERRENCE AT THE SMALL agreement described in subsection (d)(1) (A) in section 2723 (42 U.S.C. 300gg-22), as BUSINESS ADMINISTRATION. shall be made in writing or through the On- redesignated by the Patient Protection and Section 16 of the Small Business Act (15 line Representations and Certifications Ap- Affordable Care Act— U.S.C. 645) is amended— plication process required under section (i) in subsection (a)— (1) in subsection (d)— 4.1201 of the Federal Acquisition Regulation, (I) in paragraph (1), by inserting ‘‘and sec- (A) in paragraph (1)— or any successor thereto.’’; and tion 2794’’ after ‘‘this part’’; and (i) in the matter preceding subparagraph (3) by adding at the end the following: ‘‘(g) A person shall be subject to the pen- (II) in paragraph (2), by inserting ‘‘or sec- (A), by striking ‘‘Whoever’’ and all that fol- alties and remedies described in subsection tion 2794’’ after ‘‘this part’’; and lows through ‘‘oneself or another’’ and in- (d)(2) if the person misrepresents the status (ii) in subsection (b)— serting the following: ‘‘A person shall be sub- of any concern or person as a ‘small business (I) in paragraph (1), by inserting ‘‘and sec- ject to the penalties and remedies described concern’, a ‘qualified HUBZone small busi- tion 2794’’ after ‘‘this part’’; and in paragraph (2) if the person misrepresents ness concern’, a ‘small business concern (II) in paragraph (2)— the status of any concern or person as a owned and controlled by socially and eco- (aa) in subparagraph (A), by inserting ‘‘or ‘small business concern’, a ‘qualified nomically disadvantaged individuals’, a section 2794 that is’’ after ‘‘this part’’ ; and HUBZone small business concern’, a ‘small ‘small business concern owned and con- (bb) in subparagraph (C)(ii), by inserting business concern owned and controlled by so- trolled by women’, or a ‘small business con- ‘‘or section 2794’’ after ‘‘this part’’; and cially and economically disadvantaged indi- cern owned and controlled by service-dis- (B) in section 2761 (42 U.S.C. 300gg-61)— viduals’, a ‘small business concern owned abled veterans’— (i) in subsection (a)— and controlled by women’, or a ‘small busi- ‘‘(1) in order to allow any person to partici- (I) in paragraph (1), by inserting ‘‘and sec- ness concern owned and controlled by serv- pate in or be admitted to any program of the tion 2794’’ after ‘‘this part’’; and ice-disabled veterans’, in order to obtain for Administration; or (II) in paragraph (2)— any person’’; ‘‘(2) in relation to a protest of a contract (aa) by inserting ‘‘or section 2794’’ after (ii) by amending subparagraph (A) to read award or proposed contract award made ‘‘set forth in this part’’; and as follows: under regulations issued by the Administra- (bb) by inserting ‘‘and section 2794’’ after ‘‘(A) prime contract, subcontract, grant, or cooperative agreement to be awarded under tion. ‘‘the requirements of this part’’; and ‘‘(h)(1) A person that submits a request for (ii) in subsection (b)— subsection (a) or (m) of section 8, or section 9, 15, 31, or 36;’’; payment on a contract or subcontract that is (I) by inserting ‘‘and section 2794’’ after awarded under subsection (a) or (m) of sec- ‘‘this part’’; and (iii) by striking subparagraph (B); (iv) by redesignating subparagraphs (C) and tion 8, or section 9, 15, 31, or 36, shall be (II) by inserting ‘‘and section 2794’’ after deemed to have submitted a certification ‘‘part A’’. (D) as subparagraphs (B) and (C), respectively; and that the person complied with regulations (4) APPLICABILITY TO GRANDFATHERED issued by the Administration governing the PLANS.—Section 1251(a)(4)(A) of the Patient (v) in subparagraph (C), as so redesignated, by striking ‘‘, shall be’’ and all that follows percentage of work that the person is re- Protection and Affordable Care Act (Public quired to perform on the contract or sub- Law 111–148), as added by section 2301 of the and inserting a period; (B) in paragraph (2)— contract, unless the person states, in writ- Health Care and Education Reconciliation ing, that the person did not comply with the Act of 2010 (Public Law 111–152), is amended (i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respec- regulations. by adding at the end the following: ‘‘(2) A person shall be subject to the pen- tively; and ‘‘(v) Section 2794 (relating to reasonable- alties and remedies described in subsection (ii) by inserting after subparagraph (B) the ness of rates with respect to health insur- (d)(2) if the person— following: ance coverage).’’. ‘‘(A) uses the services of a business other ‘‘(C) be subject to the civil remedies and (5) EFFECTIVE DATE.—The amendments than the business awarded the contract or penalties under subchapter III of chapter 37 made by this section shall take effect on the subcontract to perform a greater percentage of title 31, United States Code (commonly date of enactment of this Act. of work under a contract than is permitted known as the ‘False Claims Act’);’’; and by regulations issued by the Administration; SA 444. Ms. SNOWE (for herself, Mrs. (C) by adding at the end the following: ‘‘(3)(A) In the case of a violation of para- or MCCASKILL, Mr. GRASSLEY, Mrs. ‘‘(B) willfully participates in a scheme to HAGAN, Ms. COLLINS, Mr. MERKLEY, and graph (1)(A), (g), or (h), for purposes of a proceeding described in subparagraph (A) or (C) circumvent regulations issued by the Admin- Mr. ENZI) submitted an amendment in- of paragraph (2), the amount of the loss to istration governing the percentage of work tended to be proposed by her to the bill the Federal Government or the damages sus- that a contractor is required to perform on a S. 782, to amend the Public Works and tained by the Federal Government, as appli- contract.’’. Economic Development Act of 1965 to cable, shall be an amount equal to the SEC. ll4. VETERANS INTEGRITY IN CON- reauthorize that Act, and for other pur- amount that the Federal Government paid to TRACTING. poses; which was ordered to lie on the the person that received a contract, grant, or (a) DEFINITION.—Section 3(q)(1) of the Small Business Act (15 U.S.C. 632(q)(1)) is table; as follows: cooperative agreement described in paragraph (1)(A), (g), or (h), respectively. amended by striking ‘‘means a veteran’’ and At the end, add the following: ‘‘(B) In the case of a violation of subpara- all that follows and inserting the following: TITLE l—CONTRACTING FRAUD graph (B) or (C) of paragraph (1), for the pur- ‘‘means— PREVENTION pose of a proceeding described in subpara- ‘‘(A) a veteran who possesses a disability SECTION ll1. SHORT TITLE. graph (A) or (C) of paragraph (2), the amount rating letter establishing a service-con- This title may be cited as the ‘‘Small Busi- of the loss to the Federal Government or the nected disability rated by the Secretary of ness Contracting Fraud Prevention Act of damages sustained by the Federal Govern- Veterans Affairs as zero percent or more dis- 2011’’. ment, as applicable, shall be an amount abling; or

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3700 CONGRESSIONAL RECORD — SENATE June 9, 2011 ‘‘(B) a former member of the Armed Forces ‘‘(A) conduct an evaluation of the effec- termined to be qualified under section 3(p)(5) with a service connected disability who, tiveness of the program under this sub- of the Small Business Act (15 U.S.C. 632(p)(5)) under chapter 61 of title 10, United States section, including an examination of— are participating in the HUBZone program, Code, is placed on the temporary disability ‘‘(i) the number and size of contracts ap- including through the appropriate use of retired list, retired from service due to a plied for, as compared to the number re- technology to control costs and maximize, physical disability, or separated from service ceived by, small business concerns after suc- among other benefits, uniformity, complete- due to a physical disability.’’. cessfully completing the program; ness, simplicity, and efficiency; (b) VETERANS CONTRACTING.—Section 4 of ‘‘(ii) the percentage of small business con- (3) submit to the Committee on Small the Small Business Act (15 U.S.C. 633) is cerns that continue to operate during the 3- Business and Entrepreneurship of the Senate amended by adding at the end the following: year period beginning on the date on which and the Committee on Small Business of the ‘‘(g) VETERAN STATUS.— the small business concerns successfully House of Representatives a report regarding ‘‘(1) IN GENERAL.—A business concern seek- complete the program; any application to be designated as a ing status as a small business concern owned ‘‘(iii) whether the business of small busi- HUBZone small business concern or for re- and controlled by service-disabled veterans ness concerns increases during the 3-year pe- certification for which the Administrator shall— riod beginning on the date on which the has not made a determination as of the date ‘‘(A) submit an annual certification indi- small business concerns successfully com- that is 60 days after the date on which the cating that the business concern is a small plete the program; and application was submitted or initiated, business concern owned and controlled by ‘‘(iv) the number of training sessions of- which shall include a plan and timetable for service-disabled veterans by means of the fered under the program; and ensuring the timely processing of the appli- Online Representations and Certifications ‘‘(B) submit to the Committee on Small cations; and Application process required under section Business and Entrepreneurship of the Senate (4) develop measures and implement plans 4.1201 of the Federal Acquisition Regulation, and the Committee on Small Business of the to assess the effectiveness of the HUBZone or any successor thereto; and House of Representatives a report regarding program that— ‘‘(B) register with— each evaluation under subparagraph (A).’’. (A) require the identification of a baseline THER IMPROVEMENTS.— ‘‘(i) the Central Contractor Registration (b) O point in time to allow the assessment of eco- (1) IMPROVEMENTS.—In order to improve database maintained under subpart 4.11 of nomic development under the HUBZone pro- the 8(a) program, the Administrator shall— the Federal Acquisition Regulation, or any gram, including creating additional jobs; and (A) not later than 90 days after the date of successor thereto; and (B) take into account— enactment of this Act, begin to— ‘‘(ii) the VetBiz database of the Depart- (i) the economic characteristics of the (i) evaluate the feasibility of— ment of Veterans Affairs, or any successor HUBZone; and (I) using additional third-party data thereto. (ii) contracts being counted under multiple sources; ‘‘(2) VERIFICATION OF STATUS.— socioeconomic subcategories. (II) making unannounced visits of sites (c) EMPLOYMENT PERCENTAGE.—Section 3(p) ‘‘(A) VETERANS AFFAIRS.—The Secretary of that are selected randomly or using risk- Veterans Affairs shall determine whether a of the Small Business Act (15 U.S.C. 632(p)) is based criteria; amended— business concern registered with the VetBiz (III) using fraud detection tools, including (1) in paragraph (5), by adding at the end database of the Department of Veterans Af- data-mining techniques; and the following: fairs, or any successor thereto, as a small (IV) conducting financial and analytical ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- business concern owned and controlled by training for the business opportunity spe- TERIM PERIOD.— veterans or a small business concern owned cialists of the Administration; ‘‘(i) DEFINITION.—In this subparagraph, the and controlled by service-disabled veterans (ii) evaluate the feasibility and advis- term ‘interim period’ means the period be- is owned and controlled by a veteran or a ability of calculating the adjusted net worth ginning on the date on which the Adminis- service-disabled veteran, as the case may be. or total assets of an individual for purposes trator determines that a HUBZone small ‘‘(B) FEDERAL AGENCIES GENERALLY.—The of the 8(a) program in a manner that in- business concern is qualified under subpara- head of each Federal agency shall— cludes assets held by the spouse of the indi- graph (A) and ending on the day before the ‘‘(i) for a sole source contract awarded to a vidual; and date on which a contract under the HUBZone small business concern owned and controlled (iii) develop a more consistent enforcement program for which the HUBZone small busi- by service-disabled veterans or a contract strategy that includes the suspension or de- ness concern submits a bid is awarded. awarded with competition restricted to barment of contractors that knowingly ‘‘(ii) INTERIM PERIOD.—During the interim small business concerns owned and con- make misrepresentations in order to qualify period, the Administrator may not deter- trolled by service-disabled veterans under for the 8(a) program; and mine that the HUBZone small business is not section 36, determine whether a business (B) not later than 1 year after the date on qualified under subparagraph (A) based on a concern submitting a proposal for the con- which the Comptroller General submits the failure to meet the applicable employment tract is a small business concern owned and report under section 8(a)(22)(B) of the Small percentage under subparagraph (A)(i)(I), un- controlled by service-disabled veterans; and Business Act, as added by subsection (a), less the HUBZone small business concern— ‘‘(ii) use the VetBiz database of the Depart- issue, in final form, proposed regulations of ‘‘(I) has not attempted to maintain the ap- ment of Veterans Affairs, or any successor the Administration that— plicable employment percentage under sub- thereto, in determining whether a business (i) determine the economic disadvantage of paragraph (A)(i)(I); or concern is a small business concern owned a participant in the 8(a) program based on ‘‘(II) does not meet the applicable employ- and controlled by service-disabled veterans. the income and asset levels of the partici- ment percentage— ‘‘(3) DEBARMENT AND SUSPENSION.—If the pant at the time of application and annual ‘‘(aa) on the date on which the HUBZone Administrator determines that a business recertification for the 8(a) program; and small business concern submits a bid for a concern knowingly and willfully misrepre- (ii) require a small business concern to pro- contract under the HUBZone program; or sented that the business concern is a small vide additional certifications designed to ‘‘(bb) on the date on which the HUBZone business concern owned and controlled by prevent fraud in order to participate in the small business concern is awarded a contract service-disabled veterans, the Administrator 8(a) program if an immediate family member under the HUBZone program.’’; and may debar or suspend the business concern of an owner of the small business concern is, (2) by adding at the end the following: from contracting with the United States.’’. or has been, a participant in the 8(a) pro- ‘‘(8) HUBZONE PROGRAM.—The term (c) INTEGRATION OF DATABASES.—Not later gram, in the same industry. ‘HUBZone program’ means the program es- than 1 year after the date of enactment of (2) DEFINITION.—In this subsection, the tablished under section 31. this Act, the Administrator for Federal Pro- term ‘‘immediate family member’’ means a ‘‘(9) HUBZONE MAP.—The term ‘HUBZone curement Policy and the Secretary of Vet- father, mother, husband, wife, son, daughter, map’ means the map used by the Administra- erans Affairs shall ensure that data is shared brother, sister, grandfather, grandmother, tion to identify HUBZones.’’. on an ongoing basis between the VetBiz grandson, granddaughter, father-in-law, and (d) REDESIGNATED AREAS.—Section database of the Department of Veterans Af- mother-in-law. 3(p)(4)(C)(i) of the Small Business Act (15 fairs and the Central Contractor Registra- SEC. ll6. HUBZONE IMPROVEMENTS. U.S.C. 632(p)(4)(C)(i)) is amended to read as tion database maintained under subpart 4.11 (a) PURPOSE.—The purpose of this section follows: of the Federal Acquisition Regulation. is to reform and improve the HUBZone pro- ‘‘(i) 3 years after the first date on which SEC. ll5. SECTION 8(a) PROGRAM IMPROVE- gram of the Administration. the Administrator publishes a HUBZone map MENTS. (b) IN GENERAL.—The Administrator that is based on the results from the 2010 de- (a) REVIEW OF EFFECTIVENESS.—Section shall— cennial census; or’’. 8(a) of the Small Business Act (15 U.S.C. (1) ensure the HUBZone map is— SEC. ll7. ANNUAL REPORT ON SUSPENSION, DE- 637(a)) is amended by adding at the end the (A) accurate and up-to-date; and BARMENT, AND PROSECUTION. following: (B) revised as new data is made available The Administrator shall submit an annual ‘‘(22) Not later than 3 years after the date to maintain the accuracy and currency of report to the Committee on Small Business of enactment of this paragraph, and every 3 the HUBZone map; and Entrepreneurship of the Senate and the years thereafter, the Comptroller General of (2) implement policies for ensuring that Committee on Small Business of the House the United States shall— only HUBZone small business concerns de- of Representatives that contains—

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3701 (1) the number of debarments from partici- ernment programs and agencies with dupli- (1) all functions, duties, and authorities of pation in programs of the Administration cative and overlapping missions identified in the Economic Development Administration issued by the Administrator during the 1- the March 2011 Government Accountability with respect to the Global Climate Change year period preceding the date of the report, Office report to Congress, entitled ‘‘Opportu- Mitigation Incentive Fund of the Depart- including— nities to Reduce Potential Duplication in ment of Commerce; and (A) the number of debarments that were Government Programs, Save Tax Dollars, (2) the functions, duties, and authorities based on a conviction; and and Enhance Revenue’’ (GAO–11–318SP) and described in paragraph (1) shall not be trans- (B) the number of debarments that were apply the savings towards deficit reduction; ferred to the Department of Housing and fact-based and did not involve a conviction; (2) identify and report to Congress any leg- Urban Development Community Develop- (2) the number of suspensions from partici- islative changes required to further elimi- ment Block Grant program. pation in programs of the Administration nate, consolidate, or streamline Government issued by the Administrator during the 1- programs and agencies with duplicative and SA 449. Mr. COBURN submitted an year period preceding the date of the report, overlapping missions identified in the March amendment intended to be proposed by including— 2011 Government Accountability Office re- him to the bill S. 782, to amend the (A) the number of suspensions issued that port to Congress, entitled ‘‘Opportunities to Public Works and Economic Develop- were based upon indictments; and Reduce Potential Duplication in Govern- ment Act of 1965 to reauthorize that (B) the number of suspensions issued that ment Programs, Save Tax Dollars, and En- Act, and for other purposes; which was were fact-based and did not involve an in- hance Revenue’’ (GAO–11–318SP); dictment; (3) determine the total cost savings that ordered to lie on the table; as follows: (3) the number of suspension and shall result to each agency, office, and de- Strike all after the enacting clause and in- debarments issued by the Administrator dur- partment from the actions described in para- sert the following: ing the 1-year period preceding the date of graph (1); and SECTION 1. ECONOMIC DEVELOPMENT ADMINIS- the report that were based upon referrals (4) rescind from the appropriate accounts TRATION. from offices of the Administration, other the amount greater of— (a) TERMINATION OF AUTHORITY.—Effective than the Office of Inspector General; (A) $5,000,000,000; or October 1, 2011, the Public Works and Eco- (4) the number of suspension and (B) the total amount of cost savings esti- nomic Development Act of 1965 (42 U.S.C. debarments issued by the Administrator dur- mated by paragraph (3). 3121 et seq.) is repealed. ing the 1-year period preceding the date of (b) TERMINATION OF AGENCY.—Effective be- the report based upon referrals from the Of- SA 447. Mr. COBURN submitted an ginning on October 1, 2011, the Economic De- fice of Inspector General; amendment intended to be proposed by velopment Administration is terminated. (c) COLLECTION AUTHORITY.—The Secretary (5) the number of persons that the Admin- him to the bill S. 782, to amend the of the Treasury may collect any amounts istrator declined to debar or suspend after a Public Works and Economic Develop- owed to the Federal Government under any referral described in paragraph (4), and the ment Act of 1965 to reauthorize that loan agreement entered into by the Eco- reason for each such decision; Act, and for other purposes; which was nomic Development Administration in effect (6) the number of investigations and re- on September 30, 2011— views of potential suspensions and ordered to lie on the table; as follows: (1) in accordance with the terms or condi- debarments that were initiated by the Ad- Beginning on page 8, strike line 22 and all tions of that loan agreement; or ministration; and that follows through page 11, line 14, and in- (2) as otherwise provided by law. (7) the number of investigations and re- sert the following: SEC. 8. FEDERAL SHARE AND AUTHORIZATION views of potential suspensions and SA 450. Mr. COBURN (for himself, debarments that were referred by the Admin- OF APPROPRIATIONS. istration to other agencies. (a) FEDERAL SHARE.—Section 204 of the Ms. COLLINS, and Mrs. MCCASKILL) sub- Public Works and Economic Development mitted an amendment intended to be SA 445. Mr. COBURN (for himself and Act of 1965 (42 U.S.C. 3144) is amended to read proposed by him to the bill S. 782, to Mr. INHOFE) submitted an amendment as follows: amend the Public Works and Economic intended to be proposed by him to the ‘‘SEC. 204. FEDERAL SHARE. Development Act of 1965 to reauthorize bill S. 782, to amend the Public Works ‘‘The Federal share of the cost of any that Act, and for other purposes; which and Economic Development Act of 1965 project carried out under this title shall not was ordered to lie on the table; as fol- exceed 50 percent.’’. to reauthorize that Act, and for other (b) AUTHORIZATION OF APPROPRIATIONS.— lows: purposes; which was ordered to lie on Section 701(a) of the Public Works and Eco- At the appropriate place, insert the fol- the table; as follows: nomic Development Act of 1965 (42 U.S.C. lowing: Beginning on page 17, strike line 14 and all 3231(a)) (as amended by section 19) is amend- SEC. lll. ANNUAL REPORTS ON COST OF, PER- that follows through page 18, line 10, and in- ed by striking ‘‘$500,000,000’’ and inserting FORMANCE BY, AND AREAS FOR IM- sert the following: ‘‘$150,000,000’’. PROVEMENTS FOR GOVERNMENT PROGRAMS. (a) BRIGHTFIELDS DEMONSTRATION PRO- (a) SHORT TITLE.—This section may be GRAM.—Section 218 of the Public Works and SA 448. Mr. COBURN submitted an cited as the ‘‘Taxpayers Right to Know Act’’. Economic Development Act of 1965 (42 U.S.C. amendment intended to be proposed by (b) REQUIREMENTS RELATING TO ANNUAL 3154d) is repealed. him to the bill S. 782, to amend the REPORT ON COST OF, PERFORMANCE BY, AND (b) TERMINATION OF GLOBAL CLIMATE Public Works and Economic Develop- AREAS FOR IMPROVEMENTS FOR GOVERNMENT CHANGE MITIGATION INCENTIVE FUND.—Not ment Act of 1965 to reauthorize that later than 30 days after the date of enact- PROGRAMS.— ment of this Act, the Secretary of Commerce Act, and for other purposes; which was (1) REQUIREMENT TO IDENTIFY AND DESCRIBE shall terminate the Global Climate Change ordered to lie on the table; as follows: PROGRAMS.—Each fiscal year, for purposes of Mitigation Incentive Fund of the Depart- Strike all after the enacting clause and in- the report required by paragraph (3), the ment of Commerce. sert the following: head of each agency shall— (A) identify and describe every program SECTION 1. INCORPORATION OF ECONOMIC DE- SA 446. Mr. COBURN submitted an VELOPMENT ADMINISTRATION INTO administered by the agency; amendment intended to be proposed by HUD COMMUNITY DEVELOPMENT (B) for each such program— him to the bill S. 782, to amend the BLOCK GRANT PROGRAM. (i) determine the total administrative ex- (a) TERMINATION OF AUTHORITY.—As soon penses of the program; Public Works and Economic Develop- as practicable after the date of enactment of (ii) determine the expenditures for services ment Act of 1965 to reauthorize that this Act, the President shall establish a plan for the program; Act, and for other purposes; which was providing for— (iii) estimate the number of clients served ordered to lie on the table; as follows: (1) the termination of the Economic Devel- by the program and beneficiaries who re- At the appropriate place, insert the fol- opment Administration; and ceived assistance under the program (if ap- lowing: (2) except as provided in subsection (b), the plicable); and SEC. lll. CONSOLIDATING UNNECESSARY DU- transfer of all functions, duties, and authori- (iv) estimate— PLICATIVE AND OVERLAPPING GOV- ties of the Economic Development Adminis- (I) the number of full-time employees who ERNMENT PROGRAMS. tration to the Department of Housing and administer the program; and Notwithstanding any other provision of Urban Development Community Develop- (II) the number of full-time equivalents law, not later than 150 days after the date of ment Block Grant program established under (whose salary is paid in part or full by the enactment of this Act, the Director of the title I of the Housing and Community Devel- Federal Government through a grant or con- Office of Management and Budget shall co- opment Act of 1974 (42 U.S.C. 5301 et seq.). tract or subaward of a grant or contract) ordinate with the heads of the relevant de- (b) LIMITATION.—Notwithstanding sub- who assist in administering the program; partment and agencies to— section (a)(2), on termination of the Eco- and (1) use available administrative authority nomic Development Administration under (C) identify programs within the Federal to eliminate, consolidate, or streamline Gov- subsection (a)(1)— Government (whether inside or outside the

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agency) with duplicative or overlapping mis- (E) PROGRAM.—The term ‘‘program’’ has national assistance information, the Admin- sions, services, and allowable uses of funds. the meaning provided by the Director of the istrator shall provide the following: (2) RELATIONSHIP TO CATALOG OF DOMESTIC Office of Management and Budget and shall ‘‘(1) CONTACT INFORMATION.—The title and ASSISTANCE.—With respect to the require- include, with respect to an agency, any orga- contact information for the person in each ments of paragraph (1)(A) and (B)(ii), the nized set of activities directed toward a com- agency responsible for the implementation, head of an agency may use the same infor- mon purpose or goal undertaken by the agen- compliance, and quality of the data in the mation provided in the catalog of domestic cy that includes services, projects, processes, catalog. and international assistance programs in the or financial or other forms of assistance, in- ‘‘(2) REPORT.—An annual report compiled case of any program that is a domestic or cluding grants, contracts, loans, leases, tech- by the Administrator of domestic assistance international assistance program. nical support, consultation, or other guid- programs, international assistance pro- (3) REPORT.—Not later than February 1 of ance. grams, and agencies with respect to which each fiscal year, the head of each agency (c) AMENDMENTS TO CATALOG OF FEDERAL the requirements of this chapter are not shall publish on the official public website of DOMESTIC ASSISTANCE PROGRAMS.— met.’’. the agency a report containing the following: (1) ADDITION OF INTERNATIONAL ASSISTANCE (4) BULK DOWNLOADS OF DATA.—Section 6103 (A) The information required under para- PROGRAMS.— of such title is amended by adding at the end graph (1) with respect to the preceding fiscal (A) IN GENERAL.—Section 6101 of title 31, the following new subsection: year. United States Code, is amended by adding at ‘‘(d) BULK DOWNLOADS.—The information in (B) The latest performance reviews (includ- the end the following: the catalog of domestic and international as- ing the program performance reports re- ‘‘(7) The term ‘international assistance’ sistance under section 6104 of this title shall quired under section 1116 of title 31, United has the meaning provided by the Director of be available on a regular basis through bulk States Code) of each program of the agency the Office of Management and Budget and downloads from the website of the catalog.’’. identified under paragraph (1)(A), including shall include, with respect to an agency, as- (5) REVISION TO AGENCY DEFINITION.—Sec- performance indicators, performance goals, sistance including grants, contracts, loans, tion 6101(2) of such title is amended by in- output measures, and other specific metrics leases, and other financial and technical sup- serting before the period at the end the fol- used to review the program and how the pro- port to— lowing: ‘‘except such term also includes of- gram performed on each. ‘‘(A) foreign nations; fices in the legislative branch other than the (C) For each program that makes pay- ‘‘(B) international organizations; Government Accountability Office’’. ments, the latest improper payment rate of ‘‘(C) services provided by programs admin- (d) REGULATIONS AND IMPLEMENTATION.— the program and the total estimated amount istered by any agency outside of the terri- (1) REGULATIONS.—Not later than 120 days of improper payments, including fraudulent tory of the United States; and after the date of the enactment of this Act, payments and overpayments. ‘‘(D) services funded by any agency pro- the Director of the Office of Management (D) The total amount of unspent and unob- vided in foreign nations or outside of the ter- and Budget shall prescribe regulations to im- ligated program funds held by the agency ritory of the United States by non-govern- plement this section. and grant recipients (not including individ- mental organizations and entities. (2) IMPLEMENTATION.—This section shall be uals) stated as an amount— ‘‘(8) The term ‘assistance program’ means implemented beginning with the first full (i) held as of the beginning of the fiscal each of the following: fiscal year occurring after the date of the en- year in which the report is submitted; and ‘‘(A) A domestic assistance program. actment of this Act. (ii) held for 5 fiscal years or more. ‘‘(B) An international assistance pro- (E) Such recommendations as the head of gram.’’. SA 451. Mr. COBURN submitted an the agency considers appropriate— (B) CONFORMING AMENDMENTS.— amendment intended to be proposed by (i) to consolidate programs that are dupli- (i) Section 6102 of title 31, Untied States him to the bill S. 782, to amend the cative or overlapping; Code, is amended— Public Works and Economic Develop- (I) in subsection (a), in the matter pre- (ii) to eliminate waste and inefficiency; ment Act of 1965 to reauthorize that and ceding paragraph (1), by striking ‘‘domestic’’ (iii) to terminate lower priority, outdated, both places it appears; and Act, and for other purposes; which was and unnecessary programs and initiatives. (II) in subsection (b), by striking ‘‘domes- ordered to lie on the table; as follows: (4) DEFINITIONS.—In this section: tic’’. At the end of the bill, insert the following: (A) ADMINISTRATIVE EXPENSES.—The term (ii) Section 6104 of such title is amended— SEC. lll. PREVENTING DUPLICATIVE AND ‘‘administrative costs’’ has the meaning as (I) in subsections (a and (b), by inserting OVERLAPPING GOVERNMENT PRO- determined by the Director of the Office of ‘‘and international assistance’’ after ‘‘domes- GRAMS. Management and Budget under section tic assistance’’ each place it appears; and (a) SHORT TITLE.—This section may be 504(b)(2) of Public Law 111–85 (31 U.S.C. 1105 (II) in the section heading, by inserting cited as the ‘‘Preventing Duplicative and note), except the term shall also include, for ‘‘and international’’ after ‘‘domestic’’. Overlapping Government Programs Act’’. (b) AMENDMENT TO THE STANDING RULES OF purposes of that section and this section, (2) ADDITIONAL INFORMATION REQUIRED TO THE SENATE.—Paragraph 11 of rule XXVI of with respect to an agency— BE INCLUDED CATALOG.—Section 6104(b) of the Standing Rules of the Senate is amend- (i) costs incurred by the agency as well as title 31, United States Code, is amended— ed— costs incurred by grantees, subgrantees, and (A) by striking ‘‘and’’ at the end of para- (1) in subparagraph (c), by striking ‘‘and other recipients of funds from a grant pro- graph (2); (b)’’ and inserting ‘‘(b), and (c)’’; gram or other program administered by the (B) by striking the period at the end of (2) by redesignating subparagraph (c) and agency; and paragraph (3) and inserting a semicolon; and subparagraph (d); and (ii) expenses related to personnel salaries (C) by adding at the end the following new (3) by inserting after subparagraph (b) the and benefits, property management, travel, paragraphs: program management, promotion, reviews following: ‘‘(4) the information required in para- ‘‘(c) Each such report shall also contain— and audits, case management, and commu- graphs (1) through (4) of subsection (b) of the ‘‘(1) an analysis by the Congressional Re- nication about, promotion of, and outreach Taxpayers Right to Know Act; search Service to determine if the bill or for programs and program activities admin- ‘‘(5) the budget function or functions appli- joint resolution creates any new Federal pro- istered by the agency. cable to each assistance program contained gram, office, or initiative that would dupli- (B) SERVICES.—The term ‘‘services’’ has the in the catalog; cate or overlap any existing Federal pro- meaning provided by the Director of the Of- ‘‘(6) with respect to each assistance program, office, or initiative with similar mis- fice of Management and Budget and shall be gram in the catalog, an electronic link to sion, purpose, goals, or activities along with limited to only activities, assistance, and aid the annual report required by subsection a listing of all of the overlapping or duplica- that provide a direct benefit to a recipient, (b)(2) of the Taxpayers Right to Know Act by tive Federal program or programs, office or such as the provision of medical care, assist- the agency that carries out the assistance offices, or initiative or initiatives; and ance for housing or tuition, or financial sup- program; and ‘‘(2) an explanation provided by the com- port (including grants and loans). ‘‘(7) the authorization and appropriation mittee as to why the creation of each new (C) AGENCY.—The term ‘‘agency’’ has the amount provided by law for each assistance program, office, or initiative is necessary if same meaning given that term in section program in the catalog in the current fiscal a similar program or programs, office or of- 551(1) of title 5, United States Code, except year, and a notation if the program is not fices, or initiative or initiatives already that the term also includes offices in the leg- authorized in the current year, has not been exist.’’. islative branch other than the Government authorized in law, or does not receive a spe- Accountability Office. cific line item appropriation.’’. SA 452. Mr. COBURN submitted an (D) PERFORMANCE INDICATOR, PERFORMANCE (3) REPORT RELATED TO COMPLIANCE WITH amendment intended to be proposed by GOAL, OUTPUT MEASURE, PROGRAM ACTIVITY.— CATALOG REQUIREMENTS.—Section 6104 of The terms ‘‘performance indicator’’, ‘‘per- him to the bill S. 782, to amend the title 31, United States Code, is further Public Works and Economic Develop- formance goal’’, ‘‘output measure’’, and amended by adding at the end the following ‘‘program activity’’ have the meanings pro- new subsection: ment Act of 1965 to reauthorize that vided by section 1115 of title 31, United ‘‘(e) COMPLIANCE.—On the website of the Act, and for other purposes; which was States Code. catalog of Federal domestic and inter- ordered to lie on the table; as follows:

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3703 Beginning on page 2, strike line 1 and all At the end of the bill, insert the following: Public Works and Economic Develop- that follows through page 29, line 20, and in- SEC. lll. NO FIREARMS FOR FOREIGN FELONS ment Act of 1965 to reauthorize that sert the following: ACT OF 2011. Act, and for other purposes; which was SEC. 2. FEDERAL SHARE. (a) SHORT TITLE.—This section may be ordered to lie on the table; as follows: Section 204 of the Public Works and Eco- cited as the ‘‘No Firearms for Foreign Felons nomic Development Act of 1965 (42 U.S.C. Act of 2011’’. On page 2, strike lines 8 through 10 and in- 3144) is amended to read as follows: (b) DEFINITIONS.— sert the following: (2) in subsection (b)— ‘‘SEC. 204. FEDERAL SHARE. (1) COURTS.—Section 921(a) of title 18, (A) by redesignating paragraph (4) as para- ‘‘The Federal share of the cost of any United States Code, is amended by adding at graph (5); and project carried out under this title shall not the end the following: (B) by striking paragraph (3) and inserting exceed 40 percent.’’. ‘‘(JJ) The term ‘any court’ includes any Federal, State, or foreign court.’’. the following: SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) since, depending on local conditions, Section 701 of the Public Works and Eco- (2) EXCLUSION OF CERTAIN FELONIES.—Sec- assets, and challenges, local communities nomic Development Act of 1965 (42 U.S.C. tion 921(a)(20) of title 18, United States Code, create businesses and jobs in different ways, 3231) is amended to read as follows: is amended— (A) in subparagraph (A), by striking ‘‘any the Economic Development Administration ‘‘SEC. 701. AUTHORIZATION OF APPROPRIATIONS. should take into consideration the unique ‘‘(a) ECONOMIC ADJUSTMENT ASSISTANCE Federal or State offenses’’ and inserting ‘‘any Federal, State, or foreign offenses’’; circumstances and opportunities of local PROGRAM.—There is authorized to be appro- community applicants, and invest in local- priated to carry out the program of grants (B) in subparagraph (B), by striking ‘‘any State offense classified by the laws of the ities that are creating or retaining jobs for economic adjustment assistance under through a variety of approaches; section 209 $150,000,000 for each of fiscal years State’’ and inserting ‘‘any State or foreign offense classified by the laws of that juris- ‘‘(4) whether suffering from long-term dis- 2011 through 2015. tress’’. ‘‘(b) TERMINATION OF OTHER PROGRAMS.— diction’’; and On page 12, between lines 11 and 12 insert Effective on the date of enactment of the (C) in the matter following subparagraph the following: Economic Development Revitalization Act of (B), in the first sentence, by inserting before 2011, the Secretary may not carry out any the period the following: ‘‘, except that a for- SEC. 10. FLEXIBILITY FOR MANUFACTURING COMMUNITIES. programs under this Act other than the pro- eign conviction shall not constitute a con- Section 209(b) of the Public Works and Eco- gram funded under subsection (a).’’. viction of such a crime if the convicted person establishes that the foreign conviction nomic Development Act of 1965 (42 U.S.C. SA 453. Mrs. FEINSTEIN submitted resulted from a denial of fundamental fair- 3149(b)) is amended— an amendment intended to be proposed ness that would violate due process if com- (1) in paragraph (1), by redesignating submitted in the United States or from conduct paragraphs (A) and (B) as clauses (i) and (ii), by her to the bill S. 782, to amend the respectively, and indenting the clauses ap- Public Works and Economic Develop- that would be legal if committed in the United States’’. propriately; ment Act of 1965 to reauthorize that (c) DOMESTIC VIOLENCE CRIMES.—Section (2) by redesignating paragraphs (1) and (2) Act, and for other purposes; which was 921(a)(33) of title 18, United States Code, is as subparagraphs (A) and (B), respectively, ordered to lie on the table; as follows: amended— and indenting the subparagraphs appro- At the appropriate place, insert the fol- (1) in subparagraph (A), by striking ‘‘sub- priately; lowing: paragraph (C)’’ and inserting ‘‘subparagraph (3) by striking ‘‘The Secretary’’ and insert- SEC. llll. EXTENSION OF POSTAGE STAMP (B)’’; and ing the following: FOR BREAST CANCER RESEARCH. (2) in subparagraph (B)(ii), by striking ‘‘if ‘‘(1) IN GENERAL.—Subject to paragraph (2), Section 414(h) of title 39, United States the conviction has’’ and inserting the fol- the Secretary’’; and Code, is amended by striking ‘‘2011’’ and in- lowing: ‘‘if the conviction— (4) by adding at the end the following: serting ‘‘2015’’. ‘‘(I) occurred in a foreign jurisdiction and ‘‘(2) MANUFACTURING COMMUNITIES.—The the convicted person establishes that the for- Secretary may provide assistance under this SA 454. Mrs. FEINSTEIN submitted eign conviction resulted from a denial of fun- section if the Secretary determines that— an amendment intended to be proposed damental fairness that would violate due ‘‘(A) the project will help the area to meet by her to the bill S. 782, to amend the process if committed in the United States or a special need arising from— Public Works and Economic Develop- from conduct that would be legal if com- ‘‘(i) actual or threatened severe unemploy- mitted in the United States; or ment in the manufacturing sector; or ment Act of 1965 to reauthorize that ‘‘(ii) economic adjustment problems result- Act, and for other purposes; which was ‘‘(II) has’’. (d) PENALTIES.—Section 924(e)(2)(A)(ii) of ing from severe changes in economic condi- ordered to lie on the table; as follows: title 18, United States Code, is amended— tions in the manufacturing sector; and On page 29, after line 20, add the following: (1) by striking ‘‘an offense under State ‘‘(B)(i) the area for which the project is to SEC. 22. REQUIRED INSTALLATION AND USE IN law’’ and inserting ‘‘an offense under State be carried out meets the criteria described in PIPELINES OF REMOTELY OR AUTO- or foreign law’’; and paragraph (1)(B); or MATICALLY CONTROLLED VALVES. (2) by inserting before the semicolon the ‘‘(ii) the area for which the project is to be Section 60102(j) of title 49, United States following: ‘‘, except that a foreign conviction carried out has a streamlined strategy con- Code, is amended by striking paragraph (3) shall not constitute a conviction of such a sisting of any economic plan submitted by and inserting the following: crime if the convicted person establishes an eligible recipient that receives written ‘‘(3) REMOTELY OR AUTOMATICALLY CON- that the foreign conviction resulted from a approval by the Governor of the State.’’. TROLLED VALVES.— denial of fundamental fairness that would On page 13, line 11, insert ‘‘(including auto- ‘‘(A) IN GENERAL.—Not later than 18 violate due process if committed in the motive manufacturing and supply)’’ before ‘‘, months after the date of the enactment of United States or from conduct that would be natural resource-based’’. the Economic Development Revitalization legal if committed in the United States’’. On page 29, line 8, strike ‘‘Not later’’ and Act of 2011, the Secretary shall prescribe reg- insert ‘‘(a) IN GENERAL.—Not later’’. ulations requiring the installation and use in SA 456. Mrs. FEINSTEIN submitted At the end, add the following: pipelines and pipeline facilities, wherever an amendment intended to be proposed (b) RECOMMENDATIONS.—The report sub- technically and economically feasible, of re- mitted under subsection (a) shall include any motely or automatically controlled valves by her to the bill S. 782, to amend the recommendations of the Government Ac- that are reliable and capable of shutting off Public Works and Economic Develop- countability Office on how to consolidate the the flow of gas in the event of an accident, ment Act of 1965 to reauthorize that duplicative, ad hoc, out-of-date, and inad- including accidents in which there is a loss Act, and for other purposes; which was equate programs identified in the report. of the primary power source. ordered to lie on the table; as follows: TITLE II—REGIONAL ECONOMIC ‘‘(B) CONSULTATIONS.—In developing regu- At the end, add the following: RECOVERY COORDINATION lations prescribed in accordance with sub- SEC. 22. ASSISTANCE FOR STATES INCARCER- SEC. 201. SHORT TITLE. paragraph (A), the Secretary shall consult ATING UNDOCUMENTED ALIENS This title may be cited as the ‘‘Regional with appropriate groups from the gas pipe- CHARGED WITH CERTAIN CRIMES. Economic Recovery Coordination Act of line industry and pipeline safety experts.’’. Section 241(i)(3)(A) of the Immigration and 2011’’. Nationality Act (8 U.S.C. 1231(i)(3)(A)) is SA 455. Mrs. FEINSTEIN submitted SEC. 202. PURPOSE. amended by inserting ‘‘charged with or’’ be- The purpose of this title is to assist eligi- an amendment intended to be proposed fore ‘‘convicted’’. by her to the bill S. 782, to amend the ble regions affected by sudden and severe economic dislocation in the period beginning Public Works and Economic Develop- SA 457. Ms. STABENOW (for herself on January 1, 2006, by— ment Act of 1965 to reauthorize that and Mr. BROWN of Ohio) submitted an (1) identifying and coordinating Federal, Act, and for other purposes; which was amendment intended to be proposed by State, and local economic development re- ordered to lie on the table; as follows: her to the bill S. 782, to amend the sources;

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(2) providing technical assistance in sup- (2) ASSIGNMENT OF FEDERAL PERSONNEL.— COMMITTEE ON BANKING, HOUSING, AND URBAN port of regional economic development strat- The Secretary may assign personnel of the AFFAIRS egies; and Department of Commerce to serve as Federal Mr. REID. Mr. President, I ask unan- (3) integrating public and private economic economic recovery coordinators in accord- imous consent that the Committee on development strategies for those regions. ance with the applicable provisions of sub- Banking, Housing, and Urban Affairs chapter VI of chapter 33 of title 5, United SEC. 203. DEFINITIONS. be authorized to meet during the ses- In this title: States Code. (1) ELIGIBLE REGION.—The term ‘‘eligible (b) DUTIES.—The duties of a Federal eco- sion of the Senate on June 9, 2011, at 10 region’’ means a region that has been cer- nomic recovery coordinator assigned under a.m. to conduct a hearing entitled ‘‘Re- tified by the Secretary under section 204(a). subsection (a) to an eligible region are— authorization of the National Flood In- (2) MASS LAYOFF.—The term ‘‘mass layoff’’ (1) to provide technical assistance to the surance Program.’’ has the meaning given the term in section 2 eligible region and assist in the development The PRESIDING OFFICER. Without of the Worker Adjustment and Retraining of a comprehensive economic development objection, it is so ordered. Notification Act (29 U.S.C. 2101). strategy (as that term is used in sections 203 COMMITTEE ON ENERGY AND NATURAL (3) PLANT CLOSING.—The term ‘‘plant clos- and 302 of the Public Works and Economic ing’’ has the meaning given the term in sec- Development Act of 1965 (42 U.S.C. 3143 and RESOURCES tion 2 of the Worker Adjustment and Re- 3162)) for the region, including applying for Mr. REID. Mr. President, I ask unan- training Notification Act (29 U.S.C. 2101). applicable grants to develop or implement imous consent that the Committee on (4) RURAL COMMUNITY.—The term ‘‘rural the plan; Energy and Natural Resources be au- community’’ means a community that has a (2) at the local or regional level, to coordi- thorized to meet during the session of rural-urban continuum code of 4, 5, 6, 7, 8, or nate the response of all Federal agencies of- the Senate on June 9, 2011, at 9:30 a.m., fering economic adjustment assistance to 9, as defined by the Economic Research Serv- in room 366 of the Dirksen Senate Of- ice of the Department of Agriculture. the eligible region; (5) SECRETARY.—The term ‘‘Secretary’’ (3) to act as a liaison between the eligible fice Building. means the Secretary of Commerce. region and all Federal agencies that offer The PRESIDING OFFICER. Without (6) SUDDEN AND SEVERE ECONOMIC DISLOCA- economic adjustment assistance to eligible objection, it is so ordered. TION.—The term ‘‘sudden and severe eco- regions, including— COMMITTEE ON ENVIRONMENT AND PUBLIC nomic dislocation’’ has the same meaning as (A) the Department of Agriculture; WORKS (B) the Department of Defense; used in section 209(a) of the Public Works Mr. REID. Mr. President, I ask unan- and Economic Development Act of 1965 (42 (C) the Department of Education; U.S.C. 3149). (D) the Department of Labor; imous consent that the Committee on (7) URBAN COMMUNITY.—The term ‘‘urban (E) the Department of Housing and Urban Environment and Public Works be au- community’’ means a community that has a Development; thorized to meet during the session of rural-urban continuum code of 1, 2, or 3, as (F) the Department of Health and Human the Senate on June 9, 2011. defined by the Economic Research Service of Services; The PRESIDING OFFICER. Without the Department of Agriculture. (G) the Small Business Administration; objection, it is so ordered. SEC. 204. NOTIFICATION AND CERTIFICATION. (H) the Department of the Treasury; COMMITTEE ON FOREIGN RELATIONS (a) CERTIFICATION.— (I) the National Economic Council; (1) IN GENERAL.—The Secretary may certify (J) the Department of Commerce; Mr. REID. Mr. President, I ask unan- for purposes of this title the region in which (K) the Environmental Protection Agency; imous consent that the Committee on the plant closing or mass layoff is located if and Foreign Relations be authorized to 1 or more of the conditions described in para- (L) the Department of Transportation; meet during the session of the Senate graph (2) apply. (4) to report regularly to the Secretary re- on June 9, 2011, at 10 a.m., to hold a (2) APPLICABLE CONDITIONS.—The condi- garding the progress of economic adjustment in the eligible region; and briefing entitled, ‘‘Intelligence Update tions referred to in paragraph (1) with re- on Libya.’’ spect to a region are that— (5) to perform such other duties as the Sec- (A) if the region is comprised of an urban retary considers to be appropriate. The PRESIDING OFFICER. Without community, not fewer than 500 individuals SEC. 206. AUTHORIZATION OF APPROPRIATIONS. objection, it is so ordered. employed in that community have received For each of fiscal years 2011 through 2013, COMMITTEE ON HEALTH, EDUCATION, LABOR, written notices under section 3 of the Work- of the amounts made available under section AND PENSIONS er Adjustment and Retraining Notification 701 of the Public Works and Economic Devel- Mr. REID. Mr. President, I ask unan- Act (29 U.S.C. 2102) in the most recent 180- opment Act of 1965 (42 U.S.C. 3231), there are imous consent that the Committee on day period for which data are available; authorized to be appropriated to carry out (B) if the region is comprised of a rural this title such sums as are necessary. Health, Education, Labor, and Pen- community, not fewer than 300 individuals sions be authorized to meet during the employed in that community have received SA 458. Mr. LEE submitted an session of the Senate on June 9, 2011, at written notices under section 3 of the Work- amendment intended to be proposed by 10 a.m., in 430 Dirksen Senate Office er Adjustment and Retraining Notification him to the bill S. 782, to amend the Building. Act (29 U.S.C. 2102) in the most recent 180- Public Works and Economic Develop- The PRESIDING OFFICER. Without day period for which data are available; and ment Act of 1965 to reauthorize that objection, it is so ordered. (C) the unemployment rate for the region is not less than 1 percent greater than the Act, and for other purposes; which was COMMITTEE ON INDIAN AFFAIRS national unemployment rate for the most re- ordered to lie on the table; as follows: Mr. REID. Mr. President, I ask unan- cent 12-month period for which data are At the end, add the following: imous consent that the Committee on available through the Bureau of Labor Sta- SEC. 22. COST-BENEFIT ANALYSIS FOR RULE- Indian Affairs be authorized to meet tistics. MAKING. during the session of the Senate on (b) NOTIFICATION TO CERTIFIED REGIONS.— Notwithstanding any other provision of June 9, 2011, at 2:15 p.m. in room 628 of Not later than 15 days after the Secretary law, each rule required to be issued under the Dirksen Senate Office Building to certifies a region under subsection (a), the the Dodd-Frank Wall Street Reform and Secretary shall notify the Governor of the Consumer Protection Act, or any amend- conduct a hearing entitled Setting the State of that region and the officials of that ment made by that Act, shall be accom- Standard: Domestic Policy Implica- region of— panied by a cost-benefit analysis for that tions of the UN Declaration on the (1) the certification; rule. Rights of Indigenous Peoples.’’ (2) the provisions of this title; and f The PRESIDING OFFICER. Without (3) the manner in which to access the cen- objection, it is so ordered. tral information clearinghouse maintained AUTHORITY FOR COMMITTEES TO COMMITTEE ON THE JUDICIARY under section 502(1) of the Public Works and MEET Economic Development Act of 1965 (42 U.S.C. Mr. REID. Mr. President, I ask unan- 3192(1)). COMMITTEE ON ARMED SERVICES imous consent that the Committee on SEC. 205. FEDERAL ECONOMIC RECOVERY COOR- Mr. REID. Mr. President, I ask unan- the Judiciary be authorized to meet DINATORS. imous consent that the Committee on during the session of the Senate on (a) ASSIGNMENT.— Armed Services be authorized to meet June 9, 2011, at 10 a.m., in SD–226 of the (1) IN GENERAL.—Upon the request of an eligible region, the Secretary shall assign a during the session of the Senate on Dirksen Senate Office Building, to con- Federal economic recovery coordinator to June 9, 2011, at 9:30 a.m. duct an executive business meeting. that region to carry out the duties described The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without in subsection (b). objection, it is so ordered. objection, it is so ordered.

VerDate Mar 15 2010 06:51 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S09JN1.REC S09JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 9, 2011 CONGRESSIONAL RECORD — SENATE S3705 AD HOC SUBCOMMITTEE ON DISASTER RECOVERY Calendar Nos. 73 and 81; that there be 1 DEPARTMENT OF STATE AND INTERGOVERNMENTAL AFFAIRS hour for debate equally divided be- ARNOLD A. CHACON, OF VIRGINIA, A CAREER MEMBER Mr. REID. Mr. President, I ask unan- tween the two leaders or their des- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND imous consent that the Ad Hoc Sub- ignees; that upon the use or yielding PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA committee on Disaster Recovery and back of time, the Senate proceed to TO THE REPUBLIC OF GUATEMALA. EARL ANTHONY WAYNE, OF MARYLAND, A CAREER Intergovernmental Affairs of the Com- vote without intervening action or de- MEMBER OF THE SENIOR FOREIGN SERVICE, PERSONAL mittee on Homeland Security and Gov- bate on Calendar Nos. 73 and 81; that RANK OF CAREER AMBASSADOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE ernmental Affairs be authorized to the motions to reconsider be made and UNITED STATES OF AMERICA TO MEXICO. meet during the session of the Senate laid upon the table with no intervening NATIONAL FOUNDATION ON THE ARTS AND THE on June 9, 2011, at 10 a.m. to conduct a action or debate; that no further mo- HUMANITIES hearing entitled, ‘‘Border Corruption: tions be in order to any of the nomina- CHRISTOPHER MERRILL, OF IOWA, TO BE A MEMBER OF Assessing Customs and Border Protec- tions; that any statements related to THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2016, VICE IRIS LOVE, TERM tion and the Department of Homeland the nominations be printed in the EXPIRED. Security Inspector General’s Office of RECORD; that the President be imme- DEPARTMENT OF THE INTERIOR Collaboration in the Fight to Prevent diately notified of the Senate’s action REBECCA R. WODDER, OF VIRGINIA, TO BE ASSISTANT Corruption.’’ and the Senate then resume legislative SECRETARY FOR FISH AND WILDLIFE, VICE THOMAS L. The PRESIDING OFFICER. Without session; further, that following disposi- STRICKLAND, RESIGNED. objection, it is so ordered. tion of the nominations, the Senate re- IN THE ARMY SELECT COMMITTEE ON INTELLIGENCE cess until 2:15 p.m. for the weekly THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY Mr. REID. Mr. President, I ask unan- party conferences; further, that at 2:15 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 imous consent that the Select Com- p.m., the Senate resume consideration AND 3064: mittee on Intelligence be authorized to of S. 782, the Economic Development To be lieutenant colonel meet during the session of the Senate Revitalization Act, and the Senate pro- ERIC D. AGUILA DEVRY C. ANDERSON on June 9, 2011, at 2:30 p.m. ceed to vote on the motion to invoke JENNIFER M. BAGER The PRESIDING OFFICER. Without cloture on the Coburn amendment No. DAVID A. BAKER TROY R. BAKER objection, it is so ordered. 436, as modified, and the mandatory THAD J. BARKDULL SUBCOMMITTEE ON ENERGY quorum under rule XXII be waived. JEREMY T. BEAUCHAMP KIMBERLY A. BECK Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without SHERYL A. BEDNO objection, it is so ordered. PHILIP BERRAN imous consent that the Subcommittee AMIT K. BHAVSAR on Energy be authorized to meet dur- f PATRICK T. BIRCHFIELD SCOTT D. BLACKWELL ing the session of the Senate on June 9, ORDERS FOR MONDAY, JUNE 13, ROBERT E. BLEASE 2011, at 2:30 p.m., in room 366 of the 2011 ANDREW S. BOSTAPH Dirksen Senate Office Building. JASON D. BOTHWELL Mr. REID. Mr. President, I ask unan- LYNDEN P. BOWDEN The PRESIDING OFFICER. Without KARL W. BREWER objection, it is so ordered. imous consent that when the Senate THEODORE R. BROWN completes its business, it adjourn until JAY R. BUCCI SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- JESSICA L. BUNIN 2 p.m. on Monday, June 13; that fol- JEAN E. BURR AGEMENT, GOVERNMENT INFORMATION, FED- lowing the prayer and pledge, the Jour- CHRISTIAN L. CARLSON ERAL SERVICES, AND INTERNATIONAL SECU- DANIEL W. CARLSON RITY nal of proceedings be approved to date, DAL W. CHUN the morning hour be deemed expired, WESLEY A. CLARKSON Mr. REID. Mr. President, I ask unan- CINDY A. CODISPOTI imous consent that the Committee on the time for the two leaders be re- CHRISTOPHER J. COLOMBO served for their use later in the day, JONATHAN M. DAVISON Homeland Security and Governmental LAURA DAWSON Affairs’ Subcommittee on Federal Fi- and that following any leader remarks, MICHAEL S. DEMPSEY the Senate proceed to a period of morn- SHERI K. DENNISON nancial Management, Government In- CRAIG P. DOBSON formation, Federal Services, and Inter- ing business until 6 p.m., with Senators NICOLE R. DOBSON permitted to speak for up to 10 minutes BRENDAN T. DOHERTY national Security be authorized to SEAN N. DOOLEY meet during the session of the Senate each. ANTHONY L. DRAGOVICH The PRESIDING OFFICER. Without THOMAS E. ELLWOOD on June 9, 2011, at 2 p.m. to conduct a ELIZABETH Y. FLANIGAN hearing entitled, ‘‘Federal Asset Man- objection, it is so ordered. MELISSA A. FOROUHAR SEAN J. FORTSON agement: Eliminating Waste by Dis- f ROBERT G. FOWERS posing of Unneeded Federal Real Prop- TODD R. FOWLER PROGRAM BRITNEY G. FRAZIER erty.’’ TRAVIS C. FRAZIER The PRESIDING OFFICER. Without Mr. REID. Mr. President, as pre- BRETT A. FREEDMAN viously announced, there will be no RANDALL FREEMAN objection, it is so ordered. CASEY J. GEANEY votes on Monday. The first votes of the BRANDON J. GOFF f week will be on Tuesday, June 14. At SCOTT R. GOLARZ JAMES W. GRAHAM JOINT REFERRAL—EXECUTIVE noon there will be two rollcall votes in WILLIAM J. GRIEF relation to the Cecchi and Salas nomi- MATTHEW E. GRIFFITH NOMINATION MICHAEL T. HAMILTON nations. BRIAN A. HEMANN Mr. REID. Mr. President, I ask unan- Additionally, at 2:15 p.m. on Tuesday, CHAD S. HENDRICKSON imous consent that the nomination of there will be a rollcall vote on the clo- JEFFERY S. HENNING Rebecca R. Wodder, of Colorado, to be KIMBERLY W. HICKEY ture motion Senator COBURN filed. KEVIN HORDE Assistant Secretary for Fish and Wild- MATTHEW T. HUEMAN f RICHARD W. HUSSEY life, sent to the Senate by the Presi- DEREK F. IPSEN dent on June 9, 2011, be jointly referred ADJOURNMENT UNTIL MONDAY, CHRISTOPHER G. IVANY DAVID E. JOHNSON to the Committee on Environment and JUNE 13, 2011, AT 2 P.M. JEREMY D. JOHNSON Public Works and the Committee on PATRICIA A. KEEFE Mr. REID. If there is no further busi- JASON D. KENDELHARDT Energy and Natural Resources. ness to come before the Senate, I ask JULIE T. KERR The PRESIDING OFFICER. Without BRIAN A. KRAKOVER unanimous consent the Senate stand PAUL O. KWON objection, it is so ordered. adjourned under the previous order. JOHN P. LAY, JR. WALTER S. LEITCH f There being no objection, the Senate, GEORGE T. LEONARD at 7:37 p.m., adjourned until Monday, STEPHANIE L. LEONG ORDER OF PROCEDURE BILLY W. MAHANEY June 13, 2011, at 2 p.m. CHAD T. MARLEY Mr. REID. I ask unanimous consent f JASON D. MARQUART that notwithstanding rule XXII, on LAURA N. MARQUART NOMINATIONS ERICK MARTELL Tuesday, June 14, 2011, at 11 a.m., the SCOTT F. MCCLELLAN Senate proceed to executive session to Executive nominations received by DAVID E. MENDOZA CHRISTOPHER D. MEYERING consider the following nominations: the Senate: WENDY E. MIKLOS

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SHANE J. MILLS ROBERT L. HERROLD MICHAEL S. MCFADDEN JAMES E. MOON WANDA L. HORTON DARREN D. MCWHIRT PHILIP S. MULLENIX BRADLEY G. HUTTON VICTOR MELENDEZ, JR. KEVIN M. NAKAMURA BARBARA W. KANE ERIC G. MIDBOE KENNETH J. NELSON JOSEPH L. KARHAN DENNIS H. MOON LEON J. NESTI ROBERT L. KENT, JR. DANIEL J. MOORE CUONG D. NGUYEN TYKISE L. LARRY DAVID J. MULLER KARIN L. NICHOLSON MARGUERITE A. LAWRENCE SCOTT J. NEWBERG THOMAS E. NOVAK CHRISTOPHER G. LINDNER CHARLES H. ONEAL SCOTT C. ORR JEFF L. LOGAN SEAN S. ONEIL MATTHEW W. PANTSARI CHERYL D. LOVE DAVID E. PARKER MICHAEL W. PETERSON EDWIN S. MANIULIT JOHN S. PEARSON, JR. DAVID A. PHILIPS CHERYLL A. MARCHALK DAVID J. PHILLIPS WILLIAM D. PORTER TAMMY K. MAYER CHRISTOPHER D. PITCHER JOSEPH PUSKAR PADRAIC M. MCVEIGH THOMAS W. PORTER CHARLES D. REDGER, JR. VINCENT R. MILLER SUEANN O. RAMSEY RICHARD D. REED KATE E. MITCHELL MARTIN B. ROBINETTE ELENA T. REHL CHERYL R. MONTGOMERY FRANCISCO A. ROMERO III JULIE M. REMO ANGELO D. MOORE JACKSON W. SAMMONS MICHAEL ROUNTREE RICHARD T. MORTON, JR. ANDREW L. SCOTT HARLAN I. RUMJAHN JASON A. NELSON JASON R. SEPANIC DAVID L. SAUNDERS JANA L. NOHRENBERG STEPHEN W. SMITH BRADFORD J. SCANLAN JANET L. NORMAN SUSANNA J. STEGGLES JASON M. SEERY GRACE N. NORTHRUP MELBA STETZ TONY SERRANOPADIN JOSE M. NUNEZ DOUGLAS L. STRATTON ROBERT F. SETLIK OMER OZGUC JEFFREY L. THOMAS JEFFREY L. SHERE KEITH C. PALM EVANS D. TRAMMEL, JR. TANGENEARE D. SINGH UN Y. RAINEY CLIFTON B. TROUT DIRK L. SLADE VINA A. RAJSKI ERIC T. WALLIS AHMAD M. SLIM BARBARA A. REILLY MICHAEL J. WALTER SEAN T. SMITH FELECIA M. RIVERS CHARLENE L. WARRENDAVIS KAREN J. SPANGLE RICCI R. ROBISON KENNEY H. WELLS CHRISTOFER A. STRODE ERICSON B. ROSCA VERNON W. WHEELER MELISSA V. TERRY EDITHA D. RUIZ DUVEL W. WHITE WILLIAM THOMAS EDWARD RUIZ, JR. FREDERICK D. WHITE JON C. THOMPSON CYNTHIA D. SANCHEZ TRACY M. WILSON DOUGLAS M. TILTON JENNIFER M. SCHMALTZ CHARLES D. ZIMMERMAN, JR. COURTNEY T. TRIPP JAY C. SCHUSTER D006711 CHRISTOPHER TROLLMAN TOMAS SERNA D010099 CLESSON E. TURNER JAMIE S. SIMON D006403 RUTH M. SLAMEN DAVID C. VAN ECHO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TARA O. SPEARS JACK R. WALTER TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN C. STICH PAIGE E. WATERMAN MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., BRIAN R. THOMAS JAMES A. WAYNE, JR. SECTIONS 624 AND 3064: RONALD S. WELLS MERYIA D. THROOP THOMAS M. WERTIN DENNIS R. TURNER To be lieutenant colonel PAUL WHITE ADAM W. VANEK RONALD L. WHITE JOHN W. VINING ASMA S. BUKHARI EUGENE W. WILSON ELIZABETH P. VINSON DONALD L. GOSS RAMEY L. WILSON KRISTEN L. VONDRUSKA LEONARD Q. GRUPPO, JR. KURT P. WOHLRAB MIKO Y. WATKINS ROBERT D. HAYS HARRY J. WRIGHT CHRISTOPHER P. WEIDLICH PAUL V. JACOBSON RICARDO M. YOUNG BRIAN K. WEISGRAM MICHAEL R. JOHNSON OMAYA H. YOUSSEF RHONDA G. WHITFIELD BRIAN W. JOVAG MARY P. WHITNEY MICHELE R. KENNEDY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNIFER L. WILEY CHAD A. KOENIG TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANGELA R. WILLIAMS KOHJI K. KURE DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 FAYE H. WILSON ELIZABETH L. NORTH AND 3064: HEATHER L. ZUNIGA JESSE K. ORTEL ROMAN B. REYES To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. ROBERTSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY ALFRED C. ANDERSON PAMELA A. ROOF MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- ELLIOTT BERMUDEZCOLON PATRICK A. SHERMAN TIONS 624 AND 3064: JAMES FREEMAN D005266 TYRUS N. HATCHER To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERICH HEITMAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANA HESS GINA E. ADAM KAYS ALALI VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS JON D. LIBBESMEIER 624 AND 3064: JAMES D. LUSSIER DWIGHT A. ARMBRUST JOSEPH A. MARINO HUGH H. BAILEY To be lieutenant colonel JAY OWENS BRADLEY M. BEAUVAIS STEVEN A. BATY SCOTT RANKIN JEFFREY H. BLUNDEN JENNIFER J. BECK JENNIFER V. SABOL DAVID M. BOWEN CARRIE G. BENTON ROBERT J. SELDERS, JR. BRANDON M. BOWLINE BORIS BRGLEZ GARY STONE DEVVON L. BRADLEY AMMON W. BROWN KELLEY TOMSETT GREGORY W. BREWER CLAYTON D. CHILCOAT MARK A. VANCE EDWARD L. BRYAN, JR. DAVID S. BRYANT KARI J. CHILDS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GABRIELLE N. BRYEN WILLIAM E. CULP TO THE GRADE INDICATED IN THE UNITED STATES ARMY CRAIG W. BUKOWSKI CHRISTINE A. EGE NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MARC BUSTAMANTE JENNIFER M. KISHIMORI 3064: DAVID E. CABRERA THOMAS KOHLER To be lieutenant colonel DAVINA N. CARRINGTON KRINON D. MOCCIA YVONNE CEPERO KEVIN W. NEMELKA TIMOTHY S. ADAMS JAMES D. CLAY MARY A. PARHAM DENISE M. BEAUMONT JURANDIR J. DALLELUCCA SANDI K. PARRIOTT JAMES D. BURK AVERY E. DAVIS CYLE R. RICHARD EUGENE J. CHRISTEN III RUSSELL A. DEVRIES LARRY J. SHELTON, JR. GILBERT A. CLAPPER JACOB J. DLUGOSZ CHAD A. WEDDELL MARY L. CONDELUCI JOHN R. DOELLER IN THE NAVY BETHANY L. CONNOR MICHAEL J. DOLAN JENNIFER L. COYNER RANDY D. DORSEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHERYL L. DACY JOSEPH P. EDGER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT S. DAVIS JONATHAN A. EDWARDS UNDER TITLE 10, U.S.C., SECTION 624: LAURIE D. DESANTIS SAMUEL S. ELLIS CHRISTOPHER B. DOMER MARVIN A. EMERSON To be commander COREY L. EICHELBERGER ROBERT A. ERICKSON JEANETTE D. GROENEVELD AARON R. ELLIOTT TAMMY L. FISH JOHN T. SCHOFIELD MICHELLE J. EVANOV DARREN K. FONG DAVID S. FARLEY JONATHAN L. GOODE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID C. FAZEKAS JOHN B. GOODRICH TO THE GRADE INDICATED IN THE UNITED STATES NAVY MONNICA D. FELIX RICHARD E. GREMILLION UNDER TITLE 10, U.S.C., SECTION 624: JESUS FLORES TARA L. HALL To be commander JENNIFER M. FLOREZ BRIAN A. HAUG JULIE J. FREEMAN CLAUDIA L. HENEMYREHARRIS DAVID A. ABERNATHY KATHERINE E. FROST SAMANTHA S. HINCHMAN COY M. ADAMS, JR. JANA N. GAINOK GREGORY A. HUTCHESON TIMOTHY E. ALLEN GERALD M. GATES MICHAEL F. INGRAM GREGORY G. ALLGAIER JANET A. GLENN MARION A. JEFFERSON PAUL M. ALLGEIER STEVEN L. GRAHAM CRAIG M. JENKINS JOHN D. ALLISON TERESA L. GUILES KENNETH D. JONES II JOSEPH A. AMARAL PASCALE L. GUIRAND MARIA Y. JONES KENNETH D. ANDERSON ANTHONY J. HARKIN SHELLEY C. JORGENSEN MATTHEW J. ARNOLD MATTIE D. HARPER PHILIP C. KNIGHTSHEEN PAUL R. AUSTIN PATRICK C. HARTLEY MATTHEW D. KONOPA CHRISTOPHER M. BAHNER SHELLEY A. HASKINS LEE J. LEFKOWITZ PATRICK R. BALDAUFF LYNETTE J. HEPPNER MONIQUE G. MCCOY DANIEL J. BALSINGER

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MATTHEW R. BARR MICHAEL E. ILTERIS PAUL P. SUMAGAYSAY BRIAN J. BARTLETT PATRICK J. INGMAN RENEE C. TANAKA JUSTIN C. BEELER JOHN J. ISAACSON SCOTT T. TASIN ROBERT T. BIBEAU CHRISTOPHER C. JASON JOSHUA P. TAYLOR JOHN F. BISCHOF MATTHEW P. JEFFERY MATTHEW C. THOMAS ROBERT D. BLONDIN ALLEN P. JOHNSON RODNEY A. THOMAS CHRISTOPHER G. BOHNER DALE F. JOHNSON STEVEN W. THOMAS DRUMMOND R. BOORD JOHN D. JOHNSON JOSEPH P. THOMPSON III GEOFFREY P. BOWMAN MICHAEL D. JOHNSON MICHAEL B. THOMPSON JONATHAN J. BRADFORD STEPHEN O. JOHNSON BLAKE J. TORNGA MICHAEL D. BRASSEUR JAMES P. JOHNSTON DANIEL W. TURBEVILLE NEAL BRINN JEFFREY JUERGENS IVAN J. VILLESCAS DAVID S. BRINSON DOUGLAS E. KENNEDY JONATHAN G. VOORHEIS CASEY C. BRONAUGH BARRY F. KERTANIS TIMOTHY L. WAITS ROBERT J. BROOKS JEFFREY D. KETCHAM SAMUEL S. WHITE MARK A. BROWN JOSHUA C. KINNEAR TROY E. WILCOX ROBERT T. BRYANS CHRISTOPHER E. KIRBY ERNEST M. WINSTON KURT A. BUCKENDORF ODIN J. KLUG DORSEY G. WISOTZKI MARK L. BUNN JOHN J. KOBLE THADDEUS S. WITHERS TIMOTHY J. BURKE THOMAS G. KORSMO RONALD L. WITHROW MARK C. BURNS LUKE R. KREMER MICHAEL R. WOHNHAAS STEPHEN J. BURY JOSEPH P. KRIEGER BRYAN M. WORSWICK EDWARD K. BYERS JOHN A. KRISCIUNAS JAESEN V. YERGER ADRIAN T. CALDER MARTY D. KUHL PHILIP D. ZARUM SCOTT I. CAMPBELL JEFFREY E. LAMPHEAR TODD C. ZENNER JASON G. CANFIELD KEITH A. LANZER THOMAS J. ZERR BRYAN K. CARMICHAEL WILLIAM J. LARGE JESSE J. ZIMBAUER EDWARD M. CHANDLER DAVID F. LASPISA JAMES G. ZOULIAS DAVID Y. CHO BRENDAN J. LEARY ANDREW J. CLARK IV HAROLD D. LEDBETTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER M. COATS PETER R. LEO TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL COBIAN DANIEL J. LEONARD UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA C. J. COHEN JADE L. LEPKE To be commander ELAINE A. COLLINS FREDERICK R. LICKFOLD JAMES N. COLSTON RICHARD J. LINHART III KERTRECK V. BROOKS MICHAEL CONCANNON PRICE J. LOCKARD HOWARD M. BRYANT SHANNON M. CORKILL TOMMY F. LOCKE, JR. MATTHEW C. BYRNE JOHN D. CRADDOCK ERIK B. LOHRKE ANDREA H. CAMERON KENNETH T. CREAMEANS ANDREW P. LOTH GUY R. DELAHOUSSAYE, JR. JOHN L. CROGHAN STEPHEN T. LUMPKIN LEON A. HIGGINS MICHEAL P. CUMMINS KEVIN W. MACY WILLIAM B. HINSON KENNETH M. CURTIN RYAN C. MAPESO SUZANNE M. JOHNSON MICHAEL J. DAIGLE, JR. MARISA L. MCCLURE LEE A. LEVELLS LUKE W. DANZO MATTHEW E. MCGUIRE JAMES F. LEVINESS, JR. WAYNE E. DAVEY JUDSON E. MCLEVEY KIMBERLY M. MILLER PORNCHAI DAVIDSON CHAD J. MIRT HALLOCK N. MOHLER SAMUEL J. DAVIS JOHN C. MOE PAUL S. RUBEN THERON C. DAVIS KEVIN O. MOLLER BRETT A. STGEORGE WILLIAM M. DAVIS STEPHEN E. MONGOLD ROBERT T. STOCKTON, JR. DAVID S. DEES GARY G. MONTALVO, JR. ROBERT F. VADNAIS HANS D. DEFOR JEFFREY MONTGOMERY KYLE J. VERNON DUSTIN A. DEMOREST MICHAEL D. MOORE MICHAEL G. WHEELER JASON M. DENNEY TIMOTHY B. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LANCE B. DETTMANN JEFFREY V. MORGANTHALER TO THE GRADE INDICATED IN THE UNITED STATES NAVY GREGORY P. DEWINDT SAMUEL R. MOSER UNDER TITLE 10, U.S.C., SECTION 624: ALAN M. DJOCK ANDREW N. MOULIS MATTHEW F. DONAHUE TIMOTHY D. MULLER To be commander ERIC C. DOYLE MELVYN N. NAIDAS HALLE D. DUNN TODD J. NETHERCOTT JOHN A. ANDERSON MICHAEL D. EBERLEIN MARK S. NIESWIADOMY KEITH A. BARAVIK LUIS R. ELIZA MICHAEL A. NORTON CATHERINE W. BOEHME BRENT J. EMBRY EDWARD J. OGRADY III GEORGE R. CARAMICO THOMAS A. ESPARZA STEPHEN R. OKRESIK GREGORY A. CRAWFORD JOSEPH P. ESPIRITU JOSEPH S. OPP KEITH P. DOUGLAS, JR. ERIK C. ESTENSON DANIEL P. PAPP ROBERT C. ECHOLS BILLY K. FAGAN DOUGLAS A. PATTERSON JASON S. HALL JAMES B. FILLIUS MATTHEW J. PERCY GINALYN B. HARRELL ANDREW P. FITZPATRICK DOUGLAS M. PETERSON MANUEL A. HERNANDEZ DEREK R. FIX JAMES M. PICKENS SIDNEY W. HODGSON III KELLY T. FLETCHER GLENN D. PIERCE ANDREW R. HUNT JEREMY A. FOGT JESSIE A. PORTER PETER K. KENDALL MICHAEL K. FORD GLENN D. POWELL CARA G. LAPOINTE MATTHEW W. FOSTER JOHN M. QUILLINAN FREDERICK L. LENTZ II PATRICK M. FOSTER MARK A. QUINN JEFFREY S. LOCK MICHAEL D. FRANCE ERIC W. RASCH THOMAS J. MACK ROBERT C. FRANCIS, JR. DAVID M. RAY THOMAS D. MCKAY KENNETH R. FRANKLIN WILLIAM R. REILEIN CEDRIC J. MCNEAL BRIAN G. FRECK BRIAN E. REINHART PHILIP R. MLYNARSKI DAVID B. FREEMAN JASON S. RELLER JAMES P. MOSMAN STANLEY G. FREEMYERS TED C. RICCIARDELLA TERRENCE M. NAWARA STEPHEN M. FROEHLICH KENNETH W. RICE SEAN P. NILES CHARLES L. GALLOWAY, JR. BRIAN A. RILEY RAMIRO E. ORELLANO ROLANDO GARCES ROBERT M. RINAS STEVEN G. PLONKA JASON D. GARDNER TONY M. RODGERS CHARLES A. SCHLISE BRETT A. GARVIE PHILLIP A. ROGERSON MICHAEL W. SMITH TRACEY J. GENDREAU CHRISTOPHER F. ROHRBACH CONSTANCE R. SPOTTS TADD H. GORMAN DAVID J. RUETER MICHAEL P. TOUSE BRET M. GRABBE MATTHEW F. RUTHERFORD NICOLE M. TREEMAN DOUGLAS GRABER PETER G. RYBSKI, JR. MARTIN C. WALLACE DAVID L. GRAY ZACHARY SALAS STEVEN P. WERNER WILLARD T. GREEN MICHAEL A. SALKA ERIC L. WILLIAMS ALEX R. GREIG JOSEPH M. SANCHEZ JAY A. YOUNG CHRISTIAAN W. GROENEVELD RUSSEL B. SANCHEZ BENJAMIN D. ZITTERE BRIAN C. GUGLIOTTA TORSTEN SCHMIDT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BLAIR H. GUY II LEON B. SCORATOW TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT L. HALFHILL DEREK R. SCRAPCHANSKY UNDER TITLE 10, U.S.C., SECTION 624: MARK R. HARRIS WILLIAM D. SELK JEFFREY L. HEAMES CHRISTOPHER C. SEROW To be commander KEVIN L. HEISS ERIC A. SHAFER RYAN G. BATCHELOR MARK R. HENDRICKSON JASON J. SHERMAN NICHOLAS S. GREEN ROSEMARY HENSON BRIAN C. SINCLAIR WILLIAM E. HARGREAVES JAIME A. HERNANDEZ ROBERT G. SINRAM BRIAN W. HAWKINS JEFFREY W. HILL GREGORY A. SMITH TYLER Y. NEKOMOTO MARTIN J. HILL III MATTHEW M. SNIFFIN JASON W. PRATT ROBERT M. HILL ROBERT W. SPEIGHT ERIC A. SCHUCHARD KELLY A. HINDERER ROLF B. SPELKER PETER J. SHEEHY BRIAN R. HODGES DAVID L. STEBBINS SHAUN A. SWARTZ MICHAEL P. HOLLENBACH TIMOTHY M. STEELE CHRISTOPHER M. SYLVESTER KELLY J. HOLMES THOMAS A. STEPHEN ROBERT L. HOLMES JOEL G. STEWART THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KITJA HORPAYAK STANLEY K. STEWART, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM S. HORTON CHRISTOPHER R. STILLION UNDER TITLE 10, U.S.C., SECTION 624: CHAD R. HOULLIS DANIEL G. STRAUB To be commander ADAM R. HUDSON III JASON R. STUMPF MATTHEW G. HUMPHREY JEFFREY D. STURM JAMES M. BELMONT ROBERT M. HUNTINGTON CHRISTOPHER M. SULLIVAN BRET E. BISHOP ERIC P. ILLSTON COLLIN C. SULLIVAN SCOTT G. CARTER

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GRADY G. DUFFEY, JR. MATTHEW J. LABERT KEITH L. BECK BRETT D. INGLE JAMES A. LECOUNTE WILLIAM R. BELL STEVEN W. LEEHE RICHARD L. MENARD MARK F. BIBEAU JOSE F. MONTES ERIK G. PITTMAN ALLISON L. BLACK BOBBY B. SAVANH ROB W. STEVENSON RANDY G. BOLLMAN RODNEY L. SIMON JAMES J. WATSON EDWARD L. CALLAHAN DAVID A. VONDRAK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARRICK B. CHENEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY EARL K. COWAN, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: WESLEY D. CUNNINGHAM UNDER TITLE 10, U.S.C., SECTION 624: KEVIN V. DOWD To be commander DAVID DWYER To be commander CHRISTOPHER R. ANDERSON KEVIN R. FORBES MICHAEL S. BERRY MICHAEL B. GARBER GREGORY A. FRANCIOCH JEFFREY D. GRISHAM AARON C. HOFF KENNETH W. BURKE, JR. JAY P. DEWAN CHRISTOPHER D. HADEN JENNIFER B. JONES BART D. HALL JAY A. MIHAL JEANPAUL E. DUBE STEVEN P. DUFFY STEVEN HERNANDEZ GARRICK J. MILLER HARRY L. JUNEAU JENNIFER R. MILLS JASON K. EDGINGTON JASON C. ENGLISH ROBERT D. KOKRDA RAYMOND P. OWENS III STEVEN D. MAXWELL PASIT SOMBOONPAKRON JAMIE A. FRASERLORIA CARRIE L. GRAY LAREAVA S. MESCHINO RONALD G. TERRELL CHRISTOPHER T. NICHOLS MATTHEW C. TRITLE CHRISTOPHER W. HALL SUSAN HLAD MORRIS OXENDINE JOHN M. TULLY DREMA D. PARSONS WILLIAM J. YODER ALAIN M. ILIRIA JEFFERY M. KARGOL TODD S. PERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH T. KLIMA, JR. JOHN W. POPHAM TO THE GRADE INDICATED IN THE UNITED STATES NAVY PETER M. KOPROWSKI WARREN L. RABERN UNDER TITLE 10, U.S.C., SECTION 624: DAWN A. KUPSKI L J. REGELBRUGGE III To be commander WILLIAM E. KUPSKI ROCKY A. RILEY CHARLES D. LAZAR, JR. EUGENE R. ROBERTS MICHAEL CORNELIUS KIRK A. LEE JEFFRY A. SANDIN JEFFREY S. DIXON ROBERT T. LEIBOLD II MACK F. SCHMIDT JOEL W. FELDMEIER STEPHEN F. MANN ANDREA L. SCHREIBER SHAWN G. GALLAHER MCADAM K. H. MOGHADDAM DONALD A. SIGLEY DAVID R. KUEHN ANDREW F. MOORE LARRY R. SPRADLIN KELLY E. TAYLOR GREGORY L. MORRIS GARNAR A. SUTTON DOUGLAS T. WAHL THOMAS A. MOSKO ANTHONY C. TARANTO, JR. STEPHEN E. MOTTER DAVID L. TARWATER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN P. MOYER JAMES E. THOMAS TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS A. MURPHY, JR. MICHAEL G. TOPPING UNDER TITLE 10, U.S.C., SECTION 624: JAMES M. PENDERGAST CRAIG L. TRENT To be commander THOMAS A. PETERSEN TERRY L. WALTON MARCUS R. POLSON AARON T. WASHINGTON, JR. JAMES W. ADKISSON III JOHN Q. QUARTEY II SCOTT J. WOLFE MATTHEW P. BARTEL ALLISON E. RITSCHER RONALD D. YARBER BENJAMIN G. BLAZADO CRAIG J. SCHLOTTKE MICHAEL A. ZURICH MICHAEL J. BRONS RALPH B. SHIELD CHRISTOPHER G. BRYANT DAVID K. SIDEWAND ANN E. CASEY PATRICK J. VEGELER f LEONARD W. CAVER ANDRE R. WILSON ROBERT S. DAMSKY PAUL H. WILT GREGG C. DEWAELE GARY WINTON WITHDRAWAL THEODORE R. JOHNSON DAVID P. WOLYNSKI MARC W. RATKUS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Executive message transmitted by KEVIN S. ROBERTS TO THE GRADE INDICATED IN THE UNITED STATES NAVY the President to the Senate on June 9, NORMAN B. WOODCOCK UNDER TITLE 10, U.S.C., SECTION 624: SHERRI R. ZIMMERMAN 2011 withdrawing from further Senate To be commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT consideration the following nomina- TO THE GRADE INDICATED IN THE UNITED STATES NAVY AMY R. ALCORN tion: UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL W. ALTISER To be commander MATTHEW E. ARNOLD PETER A. DIAMOND, OF MASSACHUSETTS, TO BE A ROBERT B. BAILEY MEMBER OF THE BOARD OF GOVERNORS OF THE FED- MARC C. FRYMAN RONALD C. BAKER ERAL RESERVE SYSTEM FOR THE UNEXPIRED TERM OF KAMBRA R. JUVE JAMES S. BARNES FOURTEEN YEARS FROM FEBRUARY 1, 2000, VICE FRED- JONATHAN C. KALTWASSER BARRY W. BARROWS ERIC S. MISHKIN, WHICH WAS SENT TO THE SENATE ON KRISTIAN P. KEARTON RICKY A. BEATTY JANUARY 5, 2011.

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