Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, TUESDAY, JUNE 8, 2010 No. 85 House of Representatives The House met at 2 p.m. and was I pledge allegiance to the Flag of the thorize appropriations for fiscal year called to order by the Speaker pro tem- United States of America, and to the Repub- 2011 for military activities of the De- pore (Ms. ZOE LOFGREN of California). lic for which it stands, one nation under God, partment of Defense, for military con- indivisible, with liberty and justice for all. f struction, and for defense activities of f the Department of Energy, to prescribe DESIGNATION OF THE SPEAKER COMMUNICATION FROM THE SER- military personnel strengths for such PRO TEMPORE GEANT AT ARMS OF THE HOUSE fiscal year, and for other purposes.’’. The SPEAKER pro tempore laid be- There was no objection. The SPEAKER pro tempore laid before the House the following commu- f nication from the Speaker: fore the House the following communication from Sarah Gerber, Office of FISCAL DISCIPLINE WASHINGTON, DC, June 8, 2010. the Sergeant at Arms: (Mrs. KIRKPATRICK of Arizona I hereby appoint the Honorable ZOE OFFICE OF THE SERGEANT AT ARMS, asked and was given permission to ad- LOFGREN to act as Speaker pro tempore on HOUSE OF REPRESENTATIVES, dress the House for 1 minute and to re- this day. Washington, DC, June 3, 2010. vise and extend her remarks.) NANCY PELOSI, Hon. NANCY PELOSI, Mrs. KIRKPATRICK of Arizona. Speaker of the House of Representatives. Speaker, House of Representatives, Madam Speaker, the administration is Washington, DC. f DEAR MADAM SPEAKER: This is to notify acknowledging what I and folks across PRAYER you formally, pursuant to Rule VIII of the the country have been saying for Rules of the House of Representatives, that I months: The time for business as usual The Chaplain, the Reverend Daniel P. have been served with a trial subpoena in Washington is over and the time to Coughlin, offered the following prayer: issued by the Superior Court of the District cut spending is right now. Our demands God of wisdom and love, You are the of Columbia for testimony in a criminal for action are finally being heard. source of life and have gifted us with case. I have repeatedly called on the White many blessings. After consultation with the Office of Gen- House to crack down on this kind of eral Counsel, I have determined that compli- Open our minds and hearts to receive waste. If done right, this push could graciously the art of patience and the ance with the subpoena is consistent with the precedents and privileges of the House. mean real progress toward a balanced discipline of prudence. Sincerely, budget. But this is Washington, and ev- May all our decisions set us on the SARAH GERBER, eryone knows it’s easier to talk about path of truth and all our actions mani- Chamber Support Services. eliminating inefficiency than to make fest Your goodness. f the tough choices required to actually To You be honor and glory both now get it done. ANNOUNCEMENT BY THE SPEAKER and forever. Amen. We need to hold this plan to its PRO TEMPORE f promises. The Federal Government has The SPEAKER pro tempore. Pursu- to fully commit to doing more with THE JOURNAL ant to clause 4 of rule I, the following less. Agencies must be creative and ag- The SPEAKER pro tempore. The enrolled bill was signed by the Speaker gressive, using 5 percent cuts at a min- Chair has examined the Journal of the on Monday, May 31, 2010: imum and not a final goal. This Con- last day’s proceedings and announces H.R. 5330, to amend the Antitrust gress should also play an active role in to the House her approval thereof. Criminal Penalty Enhancement and finding cost-effective ways to achieve Pursuant to clause 1, rule I, the Jour- Reform Act of 2004 to extend the oper- our goals. This is an opportunity that nal stands approved. ation of such Act, and for other pur- cannot be allowed to slip by. f poses. f PLEDGE OF ALLEGIANCE f CONGRESS MUST ACT TO AVERT A The SPEAKER pro tempore. Will the TITLE AMENDMENT TO H.R. 5136, DEBT CRISIS gentlewoman from North Carolina (Ms. NATIONAL DEFENSE AUTHORIZA- (Ms. FOXX asked and was given per- FOXX) come forward and lead the House TION ACT FOR FISCAL YEAR 2011 mission to address the House for 1 in the Pledge of Allegiance. The SPEAKER pro tempore. Without minute.) Ms. FOXX led the Pledge of Alle- objection, the title to H.R. 5136 is Ms. FOXX. Madam Speaker, we’ve giance as follows: amended so as to read: ‘‘A bill to au- got a debt problem in America. The

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4218 CONGRESSIONAL RECORD — HOUSE June 8, 2010 Federal Government keeps spending Daniels came and addressed the Con- Mr. BUCHANAN. Madam Speaker, money and running up the national gressional Health Care Caucus. He gave the national debt now exceeds $13 tril- credit card at a record clip: $8.5 trillion us some particular insights as to lion. It took 206 years to get the first over 10 years. Congress can’t just cross what’s been happening in his State of trillion dollars of national debt; the its fingers and hope everything works Indiana with regards to health care last trillion it took 6 months. If you out. That will only make the debt cri- costs. took 13 trillion dollars and stacked sis that much more severe for our chil- But, in particular, he expressed how them next to each other, you could go dren and grandchildren. distressed he was over the health care to Jupiter and back. We must start cutting spending and bill that this Congress passed in March. We talk about Greece and their chal- reducing the deficit now. To do other- He described it as a ‘‘lost opportunity lenges. We are the next Greece if we wise and watch as our national debt of historic proportions that perpet- don’t balance the budget and get seri- prepares to overtake us is reckless. It uates and extends the problems of the ous about our national debt and our is as if we are on the Titanic; we know existing system.’’ The plan is adminis- deficits. Last year, $1.4 trillion in def- there is an iceberg ahead of us in the tratively complex, and States, in fact, icit; this year, we are expected to ex- darkness, but we refuse to change have no hope of complying. In fact, the ceed $1.5 trillion. We need to balance course. No amount of denying our debt cost to States, the significant financial the budget now. crisis will change the fact that this ice- burden proposed to the States are truly My first year, 31⁄2 years ago, I intro- berg exists. We can avert disaster, but going to be obstacles. duced a balanced budget amendment we must act quickly to restore fiscal It’s odd. You know, every time con- that just says we don’t spend more responsibility before it is too late. sumer-directed health care posts a win, than we take in. We need to do that or we find a way not to recognize the suc- we are going to be the next Greece. f cess, but Governor Daniels has. He de- RECOGNIZING DETROIT TIGERS scribed us as heading at warp speed f PITCHER ARMANDO down a dead-end road with a debt bur- DAY 50 OF THE GULF OIL GALARRAGA’S NEAR PERFECT den that threatens the actual vitality DISASTER GAME of our Republic. There is a better way. The simple (Ms. ROS-LEHTINEN asked and was (Mr. DINGELL asked and was given given permission to address the House permission to address the House for 1 truth is that something magic happens when people spend their own money. for 1 minute and to revise and extend minute and to revise and extend his re- her remarks.) marks.) Governor Daniels, employing a system of consumer-directed health care in his Ms. ROS-LEHTINEN. Madam Speak- Mr. DINGELL. Madam Speaker, I er, in the last 50 days, approximately 35 rise today to honor the Detroit Tigers State of Indiana, has held health care costs down by 11 percent in the past million gallons of oil have spewed into and the pitcher Armando Galarraga for the gulf, resulting in the worst envi- his spectacular performance against year. I wish Medicare and Medicaid could say the same. ronmental disaster in American his- the Cleveland Indians last week. Dur- tory. The oil spill has destroyed wild- ing a game on June 2, Galarraga threw f life, wreaked havoc on our marine eco- 82⁄3 innings perfectly against Cleveland, MISTAKEN SUDAN POLICY systems, and debilitated thousands of without giving up a hit, walk, or error. (Mr. WOLF asked and was given per- families who depend on fishing and On what would have been his 27th mission to address the House for 1 tourism for their way of life. out, Major League Baseball umpire minute and to revise and extend his re- While BP has stated that it will pro- Jim Joyce made what he admitted was marks.) vide compensation to those individuals a mistaken call, spoiling what would Mr. WOLF. Madam Speaker, BBC re- and businesses economically impacted have been the Detroit Tigers’ first per- ported yesterday that roughly 600 peo- by the oil spill, its claim offices in the fect game in franchise history. Joyce ple were killed in Darfur in May, a new Florida Keys, in my congressional dis- has since conceded that Donald was out high since peacekeepers were deployed trict, have provided little assistance to and has apologized to both Galarraga in 2008. Additional thousands have fled those seeking relief. Individuals so and the Tigers’ manager, Jim Leyland, their homes. overwhelmed by the BP claims process for a missed call. Against this backdrop, an inter- have actually had to hire lawyers to Throughout the ensuing controversy, nationally indicted war criminal was help sift through the mounds of paper- Joyce and Galarraga have displayed ex- inaugurated as President of Sudan. work required. These additional bur- traordinary grace under pressure and And, unbelievably, the Obama adminis- dens imposed by BP are deplorable. tremendous sportsmanship, setting a tration sent a U.S. Government rep- If BP is committed to fixing this dis- fine example for sports fans every- resentative to the ceremony, thereby aster and rebuilding our devastated where. It’s my hope the Major League conferring a sense of legitimacy on communities, then it must act quickly Baseball commissioner will reconsider Bashir’s genocidal rule. and responsibly in processing these the decision and will correct what was Leading Sudan advocacy groups ex- claims. clearly a faulty call. pressed their dismay. Enough’s John f With the full support of the entire Prendergast said, quote, ‘‘The adminis- Michigan delegation, I am introducing tration missed an opportunity to build b 1415 a resolution today declaring that leverage and lead by example. Getting ELENA KAGAN’S BANISHMENT OF Galarraga pitched a perfect game and nothing in return for this reversal of MILITARY RECRUITERS urging the MLB to overturn a mis- longstanding U.S. policy is baffling and taken ‘‘safe’’ call. I believe that to do ineffective diplomacy.’’ I could not (Mr. POE of Texas asked and was so will more than please the 17,000 fans agree more. given permission to address the House who were in the stands that day and Vice President BIDEN is leading a del- for 1 minute.) place Galarraga in a part of the game’s egation to Africa this week. He will be Mr. POE of Texas. Madam Speaker, history of having pitched a perfect the highest-ranking U.S. official to when Elena Kagan was dean of the Har- game. meet with Southern Sudanese Presi- vard Law School, for personal and bi- f dent Salva Kiir. We can only hope that ased reasons, she banned military re- this trip marks the start of a new be- cruiters from campus. By her actions, HEALTH CARE REFORM’S LOST ginning for the administration’s long- she violated the right of free speech—in OPPORTUNITY faltering and ineffective Sudan policy. a university setting, of all places. A (Mr. BURGESS asked and was given f college campus is just the place for free permission to address the House for 1 thought, free expression, free speech minute and to revise and extend his re- SPENDING from all points of view. marks.) (Mr. BUCHANAN asked and was Kagan’s actions also denied the stu- Mr. BURGESS. Madam Speaker, just given permission to address the House dents the right to hear the informa- within the past hour, Governor Mitch for 1 minute.) tion. She denied students their right

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4219 even to discuss the military career as a lions of jobs have been lost. The main HOOVER POWER ALLOCATION ACT choice because of her own prejudices. job creation has been in the Federal OF 2010 And when Kagan personally joined a Government, not the private sector. lawsuit to uphold her banishment of The national debt has doubled and the Mrs. NAPOLITANO. Madam Speaker, the military recruiters, the very Su- national deficit has tripled. Taxes have I move to suspend the rules and pass preme Court she wants to join unani- gone up and will increase even more at the bill (H.R. 4349) to further allocate mously said she was wrong in her the end of the year. And the Democrats and expand the availability of hydro- judgement. in the House haven’t even bothered to electric power generated at Hoover Elena Kagan is hostile to the First propose a Federal budget. If a budget is Dam, and for other purposes, as amend- Amendment. She wants control over not approved this year, it will be the ed. free thought and free expression unless first time since the Budget Act was en- The Clerk read the title of the bill. acted in 1974. she personally agrees with it. Kagan’s The text of the bill is as follows: attack on the First Amendment shows One party controls the House of Rep- her dangerous distrust for the prin- resentatives, the Senate, and the White H.R. 4349 House. We need a political balance in ciples of the Constitution. Her lack of Be it enacted by the Senate and House of Rep- objective judgment shows she has no Washington, not a one-party monopoly. resentatives of the United States of America in business sitting in judgment on the f Congress assembled, most powerful court in the world. ANNOUNCEMENT BY THE SPEAKER SECTION 1. SHORT TITLE. And that’s just the way it is. PRO TEMPORE This Act may be cited as the ‘‘Hoover f The SPEAKER pro tempore. Pursu- Power Allocation Act of 2010’’. ant to clause 8 of rule XX, the Chair POLITICAL BALANCE IN SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. will postpone further proceedings WASHINGTON today on motions to suspend the rules (a) SCHEDULE A POWER.—Section (Mr. SMITH of Texas asked and was on which a recorded vote or the yeas 105(a)(1)(A) of the Hoover Power Plant Act of given permission to address the House 1984 (43 U.S.C. 619a(a)(1)(A)) is amended— and nays are ordered, or on which the (1) by striking ‘‘renewal’’; for 1 minute and to revise and extend vote incurs objection under clause 6 of (2) by striking ‘‘June 1, 1987’’ and inserting his remarks.) rule XX. ‘‘October 1, 2017’’; and Mr. SMITH of Texas. Madam Speak- Record votes on postponed questions (3) by striking Schedule A and inserting er, with the Democrats in control, mil- will be taken after 6 p.m. today. the following: ‘‘Schedule A Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contin- Firm energy (thousands of kWh) gent Contractor capacity (kW) Summer Winter Total

Metropolitan Water District of Southern California ...... 249,948 859,163 368,212 1,227,375 City of Los Angeles ...... 495,732 464,108 199,175 663,283 Southern California Edison Company ...... 280,245 166,712 71,448 238,160 City of Glendale ...... 18,178 45,028 19,297 64,325 City of Pasadena ...... 11,108 38,622 16,553 55,175 City of Burbank ...... 5,176 14,070 6,030 20,100 Arizona Power Authority ...... 190,869 429,582 184,107 613,689 Colorado River Commission of Nevada ...... 190,869 429,582 184,107 613,689 United States, for Boulder City ...... 20,198 53,200 22,800 76,000

Totals ...... 1,462,323 2,500,067 1,071,729 3,571,796’’.

(b) SCHEDULE B POWER.—Section ‘‘(B) To each existing contractor for power ergy specified for that contractor in the fol- 105(a)(1)(B) of the Hoover Power Plant Act of generated at Hoover Dam, a contract, for de- lowing table: 1984 (43 U.S.C. 619a(a)(1)(B)) is amended to livery commencing October 1, 2017, of the read as follows: amount of contingent capacity and firm en- ‘‘Schedule B Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contin- Firm energy (thousands of gent kWh) Contractor capacity (kW) Summer Winter Total

City of Glendale ...... 2,020 2,749 1,194 3,943 City of Pasadena ...... 9,089 2,399 1,041 3,440 City of Burbank ...... 15,149 3,604 1,566 5,170 City of Anaheim ...... 40,396 34,442 14,958 49,400 City of Azusa ...... 4,039 3,312 1,438 4,750 City of Banning ...... 2,020 1,324 576 1,900 City of Colton ...... 3,030 2,650 1,150 3,800 City of Riverside ...... 30,296 25,831 11,219 37,050 City of Vernon ...... 22,218 18,546 8,054 26,600 Arizona ...... 189,860 140,600 60,800 201,400 Nevada ...... 189,860 273,600 117,800 391,400

Totals ...... 507,977 509,057 219,796 728,853’’.

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(c) SCHEDULE C POWER.—Section (1) by striking ‘‘June 1, 1987’’ and inserting (2) by striking Schedule C and inserting 105(a)(1)(C) of the Hoover Power Plant Act of ‘‘October 1, 2017’’; and the following: 1984 (43 U.S.C. 619a(a)(1)(C)) is amended— ‘‘Schedule C Excess Energy

Priority of entitlement to excess energy State

First: Meeting Arizona’s first priority right to delivery of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year’s 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered...... Arizona Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation...... Arizona, Nevada, and California Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States...... Arizona, Nevada, and California’’.

(d) SCHEDULE D POWER.—Section 105(a) of (2) by inserting after paragraph (1) the fol- in Schedule A and Schedule B, as modified the Hoover Power Plant Act of 1984 (43 U.S.C. lowing: by the Hoover Power Allocation Act of 2010, 619a(a)) is amended— ‘‘(2)(A) The Secretary of Energy is author- a resource pool equal to 5 percent of the full (1) by redesignating paragraphs (2), (3), and ized to and shall create from the apportioned rated capacity of 2,074,000 kilowatts, and as- (4) as paragraphs (3), (4), and (5), respec- allocation of contingent capacity and firm sociated firm energy, as shown in Schedule D tively; and energy adjusted from the amounts author- (referred to in this section as ‘Schedule D ized in this Act in 1984 to the amounts shown contingent capacity and firm energy’): ‘‘Schedule D Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees

Contin- Firm energy (thousands of gent kWh) State capacity (kW) Summer Winter Total

New Entities Allocated by the Secretary of Energy ...... 69,170 105,637 45,376 151,013 New Entities Allocated by State Arizona ...... 11,510 17,580 7,533 25,113 California ...... 11,510 17,580 7,533 25,113 Nevada ...... 11,510 17,580 7,533 25,113

Totals ...... 103,700 158,377 67,975 226,352

‘‘(B) The Secretary of Energy shall offer respectively. Schedule D contingent capacity to be allocated by Western that is not allo- Schedule D contingency capacity and firm and firm energy allocated to federally recog- cated and placed under contract by October energy to entities not receiving contingent nized Indian tribes shall be contracted for di- 1, 2017, shall be returned to those contractors capacity and firm energy under subpara- rectly with Western. shown in Schedule A and Schedule B in the graphs (A) and (B) of paragraph (1) (referred ‘‘(D) Within 1 year of the date of enact- same proportion as those contractors’ alloca- to in this section as ‘new allottees’) for de- ment of the Hoover Power Allocation Act of tions of Schedule A and Schedule B contin- livery commencing October 1, 2017 pursuant 2010, the Secretary of Energy also shall allo- gent capacity and firm energy. Any of the to this subsection. In this subsection, the cate, for delivery commencing October 1, 33.3 percent of Schedule D contingent capac- term ‘the marketing area for the Boulder 2017, for use in the marketing area for the ity and firm energy that is to be distributed City Area Projects’ shall have the same Boulder City Area Projects 11.1 percent of within the States of Arizona, Nevada, and meaning as in appendix A of the General the Schedule D contingent capacity and firm California that is not allocated and placed Consolidated Power Marketing Criteria or energy to each of— under contract by October 1, 2017, shall be re- Regulations for Boulder City Area Projects ‘‘(i) the Arizona Power Authority for allo- turned to the Schedule A and Schedule B published in the Federal Register on Decem- cation to new allottees in the State of Ari- contractors within the State in which the ber 28, 1984 (49 Federal Register 50582 et seq.) zona; Schedule D contingent capacity and firm en- (referred to in this section as the ‘Criteria’). ‘‘(ii) the Colorado River Commission of Ne- ergy were to be distributed, in the same pro- ‘‘(C)(i) Within 36 months of the date of en- vada for allocation to new allottees in the portion as those contractors’ allocations of actment of the Hoover Power Allocation Act State of Nevada; and Schedule A and Schedule B contingent ca- of 2010, the Secretary of Energy shall allo- ‘‘(iii) Western for allocation to new pacity and firm energy.’’. cate through the Western Area Power Ad- allottees within the State of California, pro- (e) TOTAL OBLIGATIONS.—Paragraph (3) of ministration (referred to in this section as vided that Western shall have 36 months to section 105(a) of the Hoover Power Plant Act ‘Western’), for delivery commencing October complete such allocation. of 1984 (43 U.S.C. 619a(a)) (as redesignated as 1, 2017, for use in the marketing area for the ‘‘(E) Each contract offered pursuant to this subsection (d)(1)) is amended— Boulder City Area Projects 66.7 percent of subsection shall include a provision requir- (1) in the first sentence, by striking the Schedule D contingent capacity and firm ing the new allottee to pay a proportionate ‘‘schedule A of section 105(a)(1)(A) and sched- energy to new allottees that are located share of its State’s respective contribution ule B of section 105(a)(1)(B)’’ and inserting within the marketing area for the Boulder (determined in accordance with each State’s ‘‘paragraphs (1)(A), (1)(B), and (2)’’; and City Area Projects and that are— applicable funding agreement) to the cost of (2) in the second sentence— ‘‘(I) eligible to enter into contracts under the Lower Colorado River Multi-Species Con- (A) by striking ‘‘any’’ and inserting section 5 of the Boulder Canyon Project Act servation Program (as defined in section 9401 ‘‘each’’; (43 U.S.C. 617d); or of the Omnibus Public Land Management (B) by striking ‘‘schedule C’’ and inserting ‘‘(II) federally recognized Indian tribes. Act of 2009 (Public Law 111–11; 123 Stat. ‘‘Schedule C’’; and ‘‘(ii) In the case of Arizona and Nevada, 1327)), and to execute the Boulder Canyon (C) by striking ‘‘schedules A and B’’ and in- Schedule D contingent capacity and firm en- Project Implementation Agreement Contract serting ‘‘Schedules A, B, and D’’. ergy for new allottees other than federally No. 95–PAO–10616 (referred to in this section recognized Indian tribes shall be offered as the ‘Implementation Agreement’). (f) POWER MARKETING CRITERIA.—Para- through the Arizona Power Authority and ‘‘(F) Any of the 66.7 percent of Schedule D graph (4) of section 105(a) of the Hoover the Colorado River Commission of Nevada, contingent capacity and firm energy that is Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as

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The Secretary (1) by striking subsections (e) and (f); and ican Southwest, is, in this bill, being of Energy shall cause to be included in the (2) by redesignating subsections (g), (h), made now available to additional users Federal Register a notice conforming the and (i) as subsections (e), (f), and (g), respec- through this legislation. Western Area text of the regulations to such modifica- tively. Power has committed to implement a tions.’’. (l) CONTINUED CONGRESSIONAL OVERSIGHT.— full and transparent process in the al- (g) CONTRACT TERMS.—Paragraph (5) of sec- Subsection (e) of section 105 of the Hoover location of this resource. We expect tion 105(a) of the Hoover Power Plant Act of Power Plant Act of 1984 (43 U.S.C. 619a)) (as that the State regulatory agencies of 1984 (43 U.S.C. 619a(a)) (as redesignated as redesignated by subsection (k)(2)) is amend- subsection (d)(1)) is amended— ed— Arizona and Nevada will follow the (1) by striking subparagraph (A) and in- (1) in the first sentence, by striking ‘‘the same procedures and commitment to serting the following: renewal of’’; and an impartial and unbiased allocation ‘‘(A) in accordance with section 5(a) of the (2) in the second sentence, by striking determination. Boulder Canyon Project Act (43 U.S.C. ‘‘June 1, 1987, and ending September 30, 2017’’ Hydropower is a valuable resource for 617d(a)), expire September 30, 2067;’’; and inserting ‘‘October 1, 2017, and ending our country. The 50-year time frame (2) in the proviso of subparagraph (B)— September 30, 2067’’. for allocation of this resource matches (A) by striking ‘‘shall use’’ and inserting (m) COURT CHALLENGES.—Subsection (f)(1) the commitment by collaborators to ‘‘shall allocate’’; and of section 105 of the Hoover Power Plant Act (B) by striking ‘‘and’’ after the semicolon of 1984 (43 U.S.C. 619a) (as redesignated by fund the Lower Colorado River Multi- at the end; subsection (k)(2)) is amended in the first sen- Species Conservation Program. The (3) in subparagraph (C), by striking the pe- tence by striking ‘‘this Act’’ and inserting conservation program is a nationally riod at the end and inserting a semicolon; ‘‘the Hoover Power Allocation Act of 2010’’. recognized example of how diverse and (n) REAFFIRMATION OF CONGRESSIONAL DEC- stakeholders can, together, find solu- (4) by adding at the end the following: LARATION OF PURPOSE.—Subsection (g) of sections without litigation that allow ev- ‘‘(D) authorize and require Western to col- tion 105 of the Hoover Power Plant Act of eryone to use the Lower Colorado lect from new allottees a pro rata share of 1984 (43 U.S.C. 619a) (as redesignated by sub- Hoover Dam repayable advances paid for by section (k)(2)) is amended— River to promote economic growth contractors prior to October 1, 2017, and (1) by striking ‘‘subsections (c), (g), and (h) while supporting compliance with the remit such amounts to the contractors that of this section’’ and inserting ‘‘this Act’’; Endangered Species Act and then pro- paid such advances in proportion to the and tecting more than 100 species which the amounts paid by such contractors as speci- (2) by striking ‘‘June 1, 1987, and ending Lower Colorado River floodplain has fied in section 6.4 of the Implementation September 30, 2017’’ and inserting ‘‘October 1, within the river. Agreement; 2017, and ending September 30, 2067’’. Madam Speaker, I ask my colleagues ‘‘(E) permit transactions with an inde- SEC. 3. PAYGO. to support the passage of H.R. 4349, and pendent system operator; and The budgetary effects of this Act, for the I reserve the balance of my time. ‘‘(F) contain the same material terms in- purpose of complying with the Statutory Mr. CHAFFETZ. Madam Speaker, I cluded in section 5.6 of those long-term con- Pay-As-You-Go Act of 2010, shall be deter- tracts for purchases from the Hoover Power mined by reference to the latest statement yield myself such time as I may con- Plant that were made in accordance with titled ‘‘Budgetary Effects of PAYGO Legisla- sume. this Act and are in existence on the date of tion’’ for this Act, submitted for printing in The Hoover Dam may be 85 years old, enactment of the Hoover Power Allocation the Congressional Record by the Chairman of but its legacy of providing emissions- Act of 2010.’’. the House Budget Committee, provided that free electricity, water for cities and (h) EXISTING RIGHTS.—Section 105(b) of the such statement has been submitted prior to farms, recreation for millions of boat- Hoover Power Plant Act of 1984 (43 U.S.C. the vote on passage. ers, flood control, and environmental 619a(b)) is amended by striking ‘‘2017’’ and The SPEAKER pro tempore. Pursu- inserting ‘‘2067’’. protection remains to this day. It is a (i) OFFERS.—Section 105(c) of the Hoover ant to the rule, the gentlewoman from symbol of what our Nation’s legendary Power Plant Act of 1984 (43 U.S.C. 619a(c)) is California (Mrs. NAPOLITANO) and the infrastructure has done and will con- amended to read as follows: gentleman from Utah (Mr. CHAFFETZ) tinue to do for generations to come. ‘‘(c) OFFER OF CONTRACT TO OTHER ENTI- each will control 20 minutes. This legislation specifically con- TIES.—If any existing contractor fails to ac- The Chair recognizes the gentle- tinues the promise of delivering clean cept an offered contract, the Secretary of woman from California. and renewable hydropower generated Energy shall offer the contingent capacity and firm energy thus available first to other GENERAL LEAVE at the legendary Hoover Dam. This hy- entities in the same State listed in Schedule Mrs. NAPOLITANO. Madam Speaker, dropower helped make the southwest A and Schedule B, second to other entities I ask unanimous consent that all Mem- United States what it is today. This listed in Schedule A and Schedule B, third to bers may have 5 legislative days in bill costs nothing, which is an impor- other entities in the same State which re- which to revise and extend their re- tant aspect in these tight financial ceive contingent capacity and firm energy marks and include extraneous material times since all of the costs to generate under subsection (a)(2) of this section, and on the bill under consideration. and deliver this hydropower will be last to other entities which receive contin- The SPEAKER pro tempore. Is there borne by the electricity ratepayers. gent capacity and firm energy under subsection (a)(2) of this section.’’. objection to the request of the gentle- This bill is a reminder of the ‘‘bene- (j) AVAILABILITY OF WATER.—Section 105(d) woman from California? ficiary pays’’ principle that western of the Hoover Power Plant Act of 1984 (43 There was no objection. water and power projects are based on U.S.C. 619a(d) is amended to read as follows: Mrs. NAPOLITANO. Madam Speaker, can still work and thrive today. ‘‘(d) WATER AVAILABILITY.—Except with re- H.R. 4349 would update the statutory I appreciate the gentlewoman for spect to energy purchased at the request of allocation of electric power generated bringing this bill forward, the bipar- an allottee pursuant to subsection (a)(3), the at the Hoover Dam, located on the Col- tisan manner in which it was crafted, obligation of the Secretary of Energy to deliver contingent capacity and firm energy orado River, to its various users. The and I urge my colleagues to support pursuant to contracts entered into pursuant current allocation of this hydropower this important piece of legislation. to this section shall be subject to avail- resource expires at the end of fiscal I yield back the balance of my time. ability of the water needed to produce such year 2017. Mrs. NAPOLITANO. I want to thank contingent capacity and firm energy. In the In this regard, H.R. 4349 would in- my colleague for being with us today event that water is not available to produce crease the amount of electricity to be and to all of my other colleagues who the contingent capacity and firm energy set marketed by the Western Area Power are supporting and endorsing this bill, forth in Schedule A, Schedule B, and Sched- Administration, known as WAPA, and especially the staff of the Water Sub- ule D, the Secretary of Energy shall adjust provide to Native American tribes and committee on our side and on the mi- the contingent capacity and firm energy offered under those Schedules in the same pro- other previously excluded entities the nority staff. The collaborative effort portion as those contractors’ allocations of opportunity to acquire Federal power. that has gone into this is exemplary of Schedule A, Schedule B, and Schedule D con- The revised allocation would remain in how we can work together to get things tingent capacity and firm energy bears to effect from 2017 to 2067. done, and I am very happy that we are

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4222 CONGRESSIONAL RECORD — HOUSE June 8, 2010 able to do that in this bill. I urge my the Diamond Fork System has not com- the Central Utah Project Completion colleagues to vote for this bill. menced, the Secretary of the Interior shall Act. The Bonneville Unit is a system of I yield back the balance of my time. submit a report to the Committee on Nat- dams and pipelines and tunnels that The SPEAKER pro tempore. The ural Resources of the House of Representa- transports water from the eastern question is on the motion offered by tives and the Committee on Energy and Nat- ural Resources of the Senate stating this mountains in Utah to the Wasatch the gentlewoman from California (Mrs. fact, the reasons such production has not yet front population centers. NAPOLITANO) that the House suspend commenced, and a detailed timeline for fu- This legislation allows for a hydro- the rules and pass the bill, H.R. 4349, as ture hydropower production. power developer to install up to 50 amended. SEC. 7. PAYGO. megawatts of clean, renewable, and The question was taken; and (two- The budgetary effects of this Act, for the emissions-free electricity at the exist- thirds being in the affirmative) the purpose of complying with the Statutory ing Federal facilities in the Diamond rules were suspended and the bill, as Pay-As-You-Go Act of 2010, shall be deter- Fork System. This will benefit the peo- amended, was passed. mined by reference to the latest statement ple of my district and the U.S. tax- A motion to reconsider was laid on titled ‘‘Budgetary Effects of PAYGO Legisla- payers in a variety of ways. the table. tion’’ for this Act, submitted for printing in This legislation expands on the his- the Congressional Record by the Chairman of torical benefits of a proven green tech- f the House Budget Committee, provided that such statement has been submitted prior to nology. Hydropower is the original BONNEVILLE UNIT CLEAN green electricity that time and again HYDROPOWER FACILITATION ACT the vote on passage. The SPEAKER pro tempore. Pursu- has kept the lights on in the western Mrs. NAPOLITANO. Madam Speaker, ant to the rule, the gentlewoman from United States. With an additional 50 I move to suspend the rules and pass megawatts of hydroenergy, combined California (Mrs. NAPOLITANO) and the the bill (H.R. 2008) to authorize the with other wind, geothermal, and nat- gentleman from Utah (Mr. CHAFFETZ) Secretary of the Interior to facilitate each will control 20 minutes. ural gas facilities, my district will the development of hydroelectric The Chair recognizes the gentle- again be at the forefront of America’s power on the Diamond Fork System of woman from California. balanced energy future. the Central Utah Project, as amended. This bill will be paid for by the power The Clerk read the title of the bill. GENERAL LEAVE users, not the taxpayers. Once signed The text of the bill is as follows: Mrs. NAPOLITANO. Madam Speaker, into law, this bill will generate money H.R. 2008 I ask unanimous consent that all Mem- for the Federal Government by allow- Be it enacted by the Senate and House of Rep- bers may have 5 legislative days in ing a non-Federal developer to pay for resentatives of the United States of America in which to revise and extend their re- the right to generate hydropower. Congress assembled, marks and include extraneous material Without passage, the Congressional SECTION 1. SHORT TITLE. on the bill under consideration. Budget Office determines the existing This Act may be cited as the ‘‘Bonneville The SPEAKER pro tempore. Is there facilities would not be developed any- Unit Clean Hydropower Facilitation Act’’. objection to the request of the gentle- time within the next decade because SEC. 2. DIAMOND FORK SYSTEM DEFINED. woman from California? the initial investment would be uneco- For the purposes of this Act, the term ‘‘Di- There was no objection. amond Fork System’’ means the facilities nomical for potential developers. Mrs. NAPOLITANO. Madam Speaker, This is a good, bipartisan bill that described in chapter 4 of the October 2004 H.R. 2008, introduced by our colleague Supplement to the 1988 Definite Plan Report benefits the environment, the tax- for the Bonneville Unit. Representative JIM MATHESON, would payers, and the people of Utah. I urge declare as final the cost allocation of SEC. 3. COST ALLOCATIONS. my colleagues to support it. I again ap- Notwithstanding any other provision of $161 million to hydroelectric power preciate the bipartisan approach in de- law, in order to facilitate hydropower devel- generation on the Diamond Fork Sys- veloping this piece of legislation. opment on the Diamond Fork System, the tem in Utah and would defer those I yield back the balance of my time. amount of reimbursable costs allocated to costs indefinitely in accordance with Mrs. NAPOLITANO. Madam Speaker, project power in Chapter 6 of the Power Ap- section 211 of the Central Utah Project I certainly want to commend my col- pendix in the October 2004 Supplement to the Completion Act of 1992. leagues for working on this particular 1988 Bonneville Unit Definite Plan Report, H.R. 2008 is a perfect example of a bill, and I thank them very much for with regard to power development within the win-win situation. This legislation will Diamond Fork System, shall be considered the bipartisan way this was carried final costs as well as costs in excess of the facilitate the development of 50 out. Water has no boundaries, no color, total maximum repayment obligation as de- megawatts of clean hydroelectric no political designation, and we need fined in section 211 of the Central Utah power while generating revenue for the to continue working on these issues Project Completion Act of 1992 (Public Law government for the use of its water fa- that are going to help the American 102–575), and shall be subject to the same cilities. This has been another collabo- people be able to have clean, sustain- terms and conditions. rative effort, and I am very glad that able green power. SEC. 4. NO PURCHASE OR MARKET OBLIGATION; we are able to bring it to the floor. So, with that, I want to thank the NO COSTS ASSIGNED TO POWER. I ask my colleagues to support the Nothing in this Act shall obligate the staffs on both sides for their marvelous Western Area Power Administration to pur- bill, and I reserve the balance of my work. chase or market any of the power produced time. Mr. MATHESON. Madam Speaker, I rise by the Diamond Fork power plant and none Mr. CHAFFETZ. Madam Speaker, I today in support of H.R. 2008, the Bonneville of the costs associated with development of yield myself such time as I may con- Unit Clean Hydropower Facilitation Act, bipar- transmission facilities to transmit power sume. tisan legislation that I introduced with my col- from the Diamond Fork power plant shall be I want to thank my colleague, the league, Rep. CHAFFETZ. assigned to power for the purpose of Colo- gentleman from Utah, Mr. JIM MATHE- The Bonneville Unit is a large system of rado River Storage Project ratemaking. SON, for introducing this important dams, pipelines and tunnels which bring water SEC. 5. PROHIBITION ON TAX-EXEMPT FINANC- piece of legislation. It’s been a pleasure ING. from the eastern mountains in Utah to the No facility for the generation or trans- to work with him and his staff in mov- Wasatch front population centers. It was con- mission of hydroelectric power on the Dia- ing this bill forward as it does benefit structed as part of the completion of the Cen- mond Fork System may be financed or refi- both the districts and, truly, the popu- tral Utah Project Completion Act in 1992. nanced, in whole or in part, with proceeds of lation of the State of Utah and, con- One of the components of the Bonneville any obligation— sequently, the United States of Amer- unit is the Diamond Fork Project. The Dia- (1) the interest on which is exempt from ica. mond Fork Project has the capability to gen- the tax imposed under chapter 1 of the Inter- The facilities and beneficiaries of erate up to 50 megawatts of hydroelectric nal Revenue Code of 1986, or this bill are located, like you said, in (2) with respect to which credit is allow- power. My bill removes a barrier that is infring- able under subpart I or J of part IV of sub- both districts. And we, again, appre- ing on the ability to develop the hydropower. chapter A of chapter 1 of such Code. ciate Mr. MATHESON and his leadership The Congressional Budget Office estimates SEC. 6. REPORTING REQUIREMENT. on this issue. the Federal Government will receive payments If, 24 months after the date of the enact- The Diamond Fork System of the totaling $2 million dollars over the 2010–2019 ment of this Act, hydropower production on Bonneville Unit was constructed under period as a result of the hydroelectric project.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4223 The proposed hydroelectric project will be (B) the Federal land shall be excluded from (i) ROUTINE MAINTENANCE.—Routine main- installed within existing structures of the Dia- the boundaries of Olympic National Park. tenance may be conducted on the 2-lane mond Fork facility. (2) SURVEY BY TRIBE.— county road that crosses the Federal land as (A) IN GENERAL.—The Tribe shall— in existence on the date of enactment of this I’d like to thank the Water and Power Sub- (i) conduct a survey of the boundaries of Act. committee for their tireless work on this bill the Federal land; and (ii) EXPANSION.—The county road described and Subcommittee Chairwoman GRACE (ii) submit the survey to the Director of in clause (i) may not be widened or otherwise NAPOLITANO and House Natural Resources the National Park Service for review and expanded. Chairman RAHALL for their commitment to concurrence. (iii) RECONSTRUCTION.—If the county road moving this bill forward. (B) ACTION BY DIRECTOR.—Not later than 90 described in clause (i) is compromised due to This is common sense, bipartisan legislation days after the date on which the survey is a flood or other natural or unexpected occur- submitted under subparagraph (A)(ii), the that allows for development of clean hydro- rence, the county road may be reconstructed Director of the National Park Service shall— to ensure access to relevant areas. power at Diamond Fork. I urge my colleagues (i) complete the review of the survey; and (iv) OTHER ACCESS ROUTES.—Except as pro- to support its passage. (ii) provide to the Tribe a notice of concur- vided in clause (iii) and subsection (b)(2), no Mrs. NAPOLITANO. I yield back the rence with the survey. other road or access route shall be permitted balance of my time. (C) AVAILABILITY OF SURVEY.—Not later on the Federal land. The SPEAKER pro tempore. The than 120 days after the date on which the no- (2) USES APPROVED BY TREATY.— question is on the motion offered by tice of concurrence is provided to the Tribe (A) IN GENERAL.—The Tribe may authorize the gentlewoman from California (Mrs. under subparagraph (B)(ii), the Secretary any member of the Tribe to use the Federal shall— NAPOLITANO) that the House suspend land for— (i) submit a copy of the survey to the ap- the rules and pass the bill, H.R. 2008, as (i) ceremonial purposes; or propriate committees of Congress; and (ii) any other activity approved by a treaty amended. (ii) make the survey available for public between the United States and the Tribe. The question was taken; and (two- inspection at the appropriate office of the (B) NO EFFECT ON TREATY RIGHTS OF thirds being in the affirmative) the Secretary. TRIBE.—Nothing in this Act affects any trea- rules were suspended and the bill, as (b) NON-FEDERAL LAND.— ty right of the Tribe in existence on the date amended, was passed. (1) IN GENERAL.—On fulfillment of each of enactment of this Act. A motion to reconsider was laid on condition described in paragraph (2), and (b) COOPERATIVE EFFORTS.—The Secretary upon compliance with the National Environ- the table. and the Tribe— mental Policy Act of 1969, the Secretary (1) shall enter into cooperative agree- f shall take the non-Federal land into trust ments— for the benefit of the Tribe. (A) for joint provision of emergency fire HOH INDIAN TRIBE SAFE (2) CONDITIONS.—The conditions referred to aid, on completion of the proposed emer- HOMELANDS ACT in paragraph (1) are that the Tribe shall— gency fire response building of the Tribe; and Ms. BORDALLO. Madam Speaker, I (A) convey to the Secretary all right, title, (B) to provide opportunities for the public move to suspend the rules and pass the and interest in and to the non-Federal land; to learn more regarding the culture and tra- and bill (H.R. 1061) to transfer certain land ditions of the Tribe; (B) submit to the Secretary a request to (2) may develop and establish on land to the United States to be held in trust take the non-Federal land into trust for the taken into trust for the benefit of the Tribe for the Hoh Indian Tribe, to place land Tribe. pursuant to this Act a multipurpose, non- into trust for the Hoh Indian Tribe, and (c) CONGRESSIONAL INTENT.—It is the intent motorized trail from Highway 101 to the Pa- for other purposes, as amended. of Congress that— cific Ocean; and The Clerk read the title of the bill. (1) the condition of the Federal land as in (3) shall work cooperatively on any other The text of the bill is as follows: existence on the date of enactment of this issues of mutual concern relating to land Act should be preserved and protected; taken into trust for the benefit of the Tribe H.R. 1061 (2) the natural environment existing on the pursuant to this Act. Be it enacted by the Senate and House of Rep- Federal land on the date of enactment of this SEC. 5. TREATMENT OF TRUST LAND AS PART OF resentatives of the United States of America in Act should not be altered, except as other- RESERVATION. Congress assembled, wise provided by this Act; and All land taken into trust for the benefit of SECTION 1. SHORT TITLE. (3) the Tribe and the National Park Service the Tribe pursuant to this Act shall be a part This Act may be cited as the ‘‘Hoh Indian shall work cooperatively regarding issues of of the reservation of the Tribe. Tribe Safe Homelands Act’’. mutual concern relating to this Act. SEC. 6. GAMING PROHIBITION. (d) AVAILABILITY OF MAP.—Not later than SEC. 2. DEFINITIONS. The Tribe may not conduct on any land 120 days after the survey required by sub- taken into trust pursuant to this Act any In this Act: section (a)(2)(A) has been reviewed and con- (1) FEDERAL LAND.—The term ‘‘Federal gaming activities— curred in by the National Park Service, the (1) as a matter of claimed inherent author- land’’ means the approximately 37-acre par- Secretary shall make the Map available to cel of land— ity; or the appropriate congressional committees. (2) under any Federal law (including the (A) administered by the National Park The Map also shall be available for public in- Indian Gaming Regulatory Act (25 U.S.C. Service; spection at the appropriate offices of the 2701 et seq.) (including any regulations pro- (B) located in sec. 20, T. 26N, R. 13W, W.M., Secretary. south of the Hoh River; and mulgated by the Secretary or the National SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOP- Indian Gaming Commission pursuant to that (C) depicted on the Map. ERATIVE EFFORTS. Act)). (2) MAP.—The term ‘‘Map’’ means the map (a) USE OF FEDERAL LAND BY TRIBE.— entitled ‘‘Hoh Indian Tribe Safe Homelands (1) RESTRICTIONS ON USE.—The use of the The SPEAKER pro tempore. Pursu- Act Land Acquisition Map’’ and dated May Federal land by the Tribe shall be subject to ant to the rule, the gentlewoman from 14, 2009. the following conditions: Guam (Ms. BORDALLO) and the gen- (3) NON-FEDERAL LAND.—The term ‘‘non- (A) BUILDINGS AND STRUCTURES.—No com- tleman from Utah (Mr. CHAFFETZ) each Federal land’’ means the approximately 434 mercial, residential, industrial, or other will control 20 minutes. acres of land— building or structure shall be constructed on The Chair recognizes the gentle- (A) owned by the Tribe; and the Federal land. woman from Guam. (B) depicted on the Map. (B) NATURAL CONDITION AND ENVIRON- (4) SECRETARY.—The term ‘‘Secretary’’ MENT.—The Tribe— GENERAL LEAVE means the Secretary of the Interior. (i) shall preserve and protect the condition Ms. BORDALLO. I ask unanimous (5) TRIBE.—The term ‘‘Tribe’’ means the of the Federal land as in existence on the consent that all Members may have 5 Hoh Indian Tribe. date of enactment of this Act; and legislative days in which to revise and SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT (ii) shall not carry out any activity that extend their remarks and include ex- OF TRIBE. would adversely affect the natural environ- traneous material on the bill under (a) FEDERAL LAND.— ment of the Federal land, except as other- consideration. (1) IN GENERAL.—Effective beginning on the wise provided by this Act. The SPEAKER pro tempore. Is there date of enactment of this Act— (C) LOGGING AND HUNTING.—To maintain (A) all right, title, and interest of the use of the Federal land as a natural wildlife objection to the request of the gentle- United States in and to the Federal land are corridor and provide for protection of exist- woman from Guam? considered to be held in trust by the United ing resources of the Federal land, no logging There was no objection. States for the benefit of the Tribe, without or hunting shall be allowed on the Federal Ms. BORDALLO. Madam Speaker, any action required to be taken by the Sec- land. H.R. 1061 would transfer certain Fed- retary; and (D) ROADS.— eral and non-Federal land in the State

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4224 CONGRESSIONAL RECORD — HOUSE June 8, 2010 of Washington to the Hoh Indian Tribe Again, Madam Speaker, I am pleased In response, the Hoh Tribe has come to be held in trust by the United States to express my support for H.R. 1061 and up with its own plan on how to solve for the benefit of the tribe. urge the House to pass it in a bipar- this problem, and I support it strongly. The Hoh Indian Tribe is located on tisan way. The tribe has purchased several parcels the coast of Washington. Its coastline With that, I reserve the balance of of land a short distance and upland is situated such that it is subject to my time. from the current reservation that frequent flooding and is located in a Ms. BORDALLO. Madam Speaker, I would be acceptable for housing, infra- tsunami zone. The tribe has acquired yield such time as he may consume to structure, and other tribal projects. approximately 420 acres of land from the gentleman from Washington (Mr. More importantly, this newly acquired private sources to relocate its govern- DICKS). land is away from the floodplain and ment offices and tribal members. The (Mr. DICKS asked and was given per- tsunami zone. The State of Washing- bill would place this newly acquired 420 mission to revise and extend his re- ton’s Department of Natural Resources acres of land into trust for the tribe. marks.) also has given the tribe a parcel of Mr. DICKS. I appreciate very much H.R. 1061 would also transfer approxi- logged land in this same area. the distinguished gentlelady yielding mately 37 acres of land from the Olym- To add to the newly acquired prop- pic National Park into trust for the to me. I rise to urge passage of H.R. 1061, the erty, this legislation would transfer to tribe in order to connect the tribes’s Hoh Indian Tribe Safe Homelands Act, the tribe a 37-acre parcel of land cur- newly acquired lands to its current which I sponsored. The Hohs are one of rently part of Olympic National Park. lands. The National Park Service has eight tribes in the district I represent. This small parcel would make all of no objection to this transfer. No gam- This legislation is primarily for the these lands contiguous to the existing ing may be conducted on any lands safety of the Hoh Tribe to help them reservation. In addition, the main road placed into trust pursuant to this act. relocate out of a tsunami zone and for the tribe runs through this parcel In addition, there are several restric- floodplain. The legislation accom- currently owned by the National Park tions on the land being transferred to plishes this goal by transferring a Service. The tribe, Olympic National the tribe from the Olympic National small parcel of land in the Olympic Na- Park, and others within the park serv- Park. tional Park to the tribe. In addition, ice have agreed to transfer the parcel I want to commend our colleague, the legislation will place into trust to the tribe, with certain restrictions Madam Speaker, Mr. DICKS of Wash- this transferred park service land, on development, including a prohibi- ington, for his hard work and dedica- along with other lands recently action on gaming. This is a mutually tion to this legislation, and I ask my quired by the tribe. There is a com- agreeable arrangement worked out by colleagues to support its passage. panion bill in the other body which is the tribe and the National Park Serv- I reserve the balance of my time. sponsored by Senator MURRAY and co- ice. b 1430 sponsored by Senator CANTWELL. The transfer of this land to the Hoh The Hoh Tribe lives in an extraor- Mr. CHAFFETZ. Madam Speaker, I Tribe is also of benefit to the Park dinarily spectacular place on the yield myself such time as I may con- Service. This land has been logged re- Olympic Peninsula where the Hoh sume. peatedly and therefore is not consid- River empties into the Pacific Ocean. Madam Speaker, I commend the ered to be high-value from an ecologi- But with this spectacular beauty Democrat majority for scheduling H.R. cal point of view. The parcel in its cur- comes real danger. Throughout the 1061 under suspension of the rules rent state also is difficult for the park year, the Hoh Tribe must deal with the today. Today, the House is setting a service to manage because it is a small threat of tsunamis. The Pacific Coast valuable precedent by removing cer- 37-acre sliver of land surrounded by is an extremely active seismic zone. tain lands managed as part of Olympic non-Federal land. Every time there is an earthquake in National Park from Federal ownership Another reason the land transfer is the eastern Pacific area, the Hoh Tribe, to meet a legitimate need. The Na- beneficial to the park service is that it along with other coastal tribes in further demonstrates how Olympic Na- tional Park Service has expressed sup- Washington State, must be vigilant for port for conveying these Federal lands tional Park is a good neighbor. Any of a tsunami, which could prove dev- my colleagues who represent districts to the Hoh Indian Tribe without con- astating. sideration. To date, we have not been with Federal land know how important In addition to the tsunami threat, it is for these agencies to respect their made aware of any opposition lodged the tribe must deal with severe flood- by environmental groups to this na- non-Federal neighbors and to provide ing on a more or less annual basis dur- them benefit. tional park land transfer. ing the winter storm season, which The tribe has done a good job reach- The Hoh Tribe has demonstrated a lasts far longer than the time period ing out to its neighbors in the area and compelling need to add lands to its ex- officially designated as winter. The gaining support for this project. Local isting reservation to provide a safe tribe’s dry lands on their already small landowners, the Hoh River Trust, envi- area in which to construct housing and reservation have shrunk over the years other facilities for its members. The because the Hoh River and the Pacific ronmental organizations, and others tribe’s reservation currently lies with- Ocean are encroaching upon their support this legislation. Elected offi- in one of the rainiest areas of the coun- lands. They have suffered through high cials who support this legislation in- try on the Olympic Peninsula of Wash- floods that have destroyed homes, trib- clude Governor Gregoire, the local ington. Classified as a tsunami zone al buildings, and other tribal infra- State representatives and senators, and and prone to major flooding, the res- structure. A few years ago, my office the Jefferson County commissioners. ervation receives 140 inches of rain per had to call the Washington State Na- So, clearly, it is time for the Con- year. The transfer of land by H.R. 1061 tional Guard in order to help the tribe gress to do its part and pass this legis- enables the tribe to expand the eastern place sandbags during a flood emer- lation. We need to clear the way for side of its reservation a little further gency. Federal assistance from FEMA, BIA, upland and a safe distance from major Let me reiterate that all of the HUD, and other Federal agencies in an flooding. The lands so transferred are tribe’s current reservation is located area desperately in need of it. currently part of Olympic National within a tsunami zone and nearly all of I want to thank Chairman RAHALL Park, one of the most beautiful and it within a floodplain. Sadly, it has be- and Ranking Member HASTINGS for pristine parks in the United States of come an unsafe place for the tribal shepherding this legislation through America. members who live on the reservation. the process that brought us here to the The precedent we set today should These threats preclude Federal agen- House floor today. I also want to thank encourage the House to consider addi- cies, including the BIA, FEMA, and Janet Ericson who is the new staff ditional Federal land transfers that have HUD, from providing assistance due to rector of the Office of Indian Affairs. the potential to benefit communities the location within a flood-prone area. And I would be remiss if I did not rec- for safe, affordable housing, access, and This clearly is an unacceptable situa- ognize the hard work on this bill by other economic development interests. tion for the tribe. Janet’s predecessor, Marie Howard.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4225 In closing, I want to commend the resolution (H. Res. 518) honoring the may have 5 legislative days in which to Hoh Tribe and tribal council, Chair- life of Jacques-Yves Cousteau, ex- revise and extend their remarks and in- woman Maria Lopez, and Alexis Berry, plorer, researcher, and pioneer in the clude extraneous material on the reso- the executive director, for their vision, field of marine conservation, as amend- lution under consideration. their steadfastness of purpose, and ed. The SPEAKER pro tempore. Is there their sustained effort to fix a serious The Clerk read the title of the resolu- objection to the request of the gentle- problem. You have done a remarkable tion. woman from Guam? job of doing your part to solve the very The text of the resolution is as fol- There was no objection. difficult problem that you face. Now it lows: Ms. BORDALLO. Mr. Speaker, I yield is up to the House to pass this legisla- H. RES. 518 myself such time as I may consume. tion so it can soon be signed into law. Whereas Jacques-Yves Cousteau was born I rise in support of House Resolution I appreciate the gentlewoman yield- on June 11, 1910, in Saint-Andre-de-Cubzac, 518. It’s a resolution to honor the life ing me time today. This is an impor- France, to Daniel and Elizabeth Cousteau; and achievements of Jacques-Yves tant issue in my district, and I appre- Whereas Jacques-Yves Cousteau in 1930, Cousteau, introduced by my good after having made his preparatory studies at ciate the bipartisan cooperation that the College Stanislas in Paris, entered the friend from Florida, ILEANA ROS- we have received on this bill. Naval Academy in Brest and became an offi- LEHTINEN. Mr. CONYERS. Madam Speaker, I rise to- cer gunner; Mr. Cousteau spent his lifetime as a night in support of the ‘‘Hoh Indian Tribe Safe Whereas after serving in the French Army researcher, explorer, and pioneer in the Homelands Act.’’ This act declares that 37 during World War II, he was decorated with field of marine conservation. He pro- acres of land within Olympic National Park is the Legion of Honor, France’s highest honor; duced more than 120 films, wrote more held in trust by the United States for the ben- Whereas in 1950, Jacques-Yves Cousteau than 50 books, and was the first diver efit of the Hoh Indian Tribe, a federally recog- founded the French Oceanographic Cam- to take color footage at a depth over paigns (COF), and he leased a ship called Ca- 150 feet. Mr. Cousteau’s work brought nized tribe. lypso and equipped her as a mobile labora- The Hoh Tribe has demonstrated a compel- tory for field research and as a support base the colorful, exotic, and unknown ling need to add lands to its existing Reserva- for diving and filming where he traversed the world of undersea life to the homes of tion to provide a safe area in which to con- most interesting seas of the planet as well as people around the world and, in doing struct housing and other facilities for its mem- big and small rivers; so, sparked a generation of conserva- bers. The present reservation area is in a tsu- Whereas from 1952 to 1953, Jacques-Yves tion-minded ocean activists. nami zone and prone to major flooding. Addi- Cousteau took the Calypso to the Red Sea The Cousteau Society for the Protec- tionally, Federal agencies such as the Bureau and shot the first color footage ever taken at tion of Ocean Life, founded by of Indian Affairs, the Department of Housing a depth of 150 feet, for a documentary titled Cousteau in 1973, today boasts more ‘‘The Silent World’’; and Urban Development, and the Federal Whereas ‘‘The Silent World’’ was filmed than 360,000 members globally. House Emergency Management Agency have limited using ground-breaking skin-diving gear that Resolution 518 would officially honor authority to assist the tribe with housing and Cousteau invented with engineer Emile the brilliant and inspirational work of other improvements and services due to the Gagnan in 1943, freeing divers from heavy Jacques-Yves Cousteau and recognize dangerous and unsustainable location of the helmets and allowing them to be free and his invaluable contributions to our un- reservation. weightless as if in space; derstanding of the world’s oceans. It is I applaud Chairman RAHALL for his diligence Whereas in 1956, ‘‘The Silent World’’ won most fitting that we honor him today, in transferring this land to the Hoh Indian Tribe the top award at the Cannes Film Festival Mr. Speaker, because today is World to enable them to live with a sense of stability and the Academy Award for Best Documen- tary Feature in the United States; Oceans Day. and without fear of flooding. Whereas in 1973, Jacques-Yves Cousteau With that, I ask Members on both I encourage my colleagues to support the created the Cousteau Society for the Protec- sides of the aisle to support the passage bill. tion of Ocean Life; of this resolution. Mr. CHAFFETZ. Madam Speaker, I Whereas in 1977, Jacques-Yves Cousteau I reserve the balance of my time. again urge passage of this important was awarded the United Nations Inter- Mr. CHAFFETZ. Mr. Speaker, I yield bill and support its passage. national Environment prize for outstanding such time as she may consume to the I have no further requests for time, contributions in environmental advocacy; author of this legislation, the gentle- Whereas in 1977, the ‘‘Cousteau Odyssey’’ and I yield back the balance of my woman from Florida (Ms. ROS- time. series premiered on PBS, and seven years later, the ‘‘Cousteau Amazon’’ series made LEHTINEN). Ms. BORDALLO. Madam Speaker, I Ms. ROS-LEHTINEN. Mr. Speaker, I again urge Members to support this its television premiere; Whereas in 1985, in honor of his achieve- thank my good friend, the gentleman bill. ments, Jacques-Yves Cousteau received the from Utah, Congressman CHAFFETZ, for I have no further requests for time, Grand Croix dans l’Ordre National du Me´rite yielding me the time. and I yield back the balance of my from the French government and the United Mr. Speaker, as the author of House time. States Presidential Medal of Freedom from Resolution 518, I would like to also The SPEAKER pro tempore. The President Ronald Reagan; thank the Natural Resources Com- question is on the motion offered by Whereas throughout all of his voyages, mittee ranking member, Congressman the gentlewoman from Guam (Ms. Jacques-Yves Cousteau produced over 120 DOC HASTINGS, as well as Chairman BORDALLO) that the House suspend the films and authored or contributed to roughly NICK RAHALL for their support and rules and pass the bill, H.R. 1061, as 50 books; and their assistance in moving this resolu- amended. Whereas Jacques-Yves Cousteau passed away in Paris on June 25, 1997, after spending tion to the floor today. Today is World The question was taken. a lifetime of 87 years inventing, exploring, Oceans Day. The SPEAKER pro tempore. In the and storytelling: Now, therefore, be it opinion of the Chair, two-thirds being I would also like to recognize the bi- Resolved, That the House of Representa- partisan support by members of the in the affirmative, the ayes have it. tives honors the life, achievements, and dis- Ms. BORDALLO. Madam Speaker, on tinguished career of Jacques-Yves Cousteau, Natural Resources Committee, includ- that I demand the yeas and nays. explorer, researcher, and pioneer in the field ing Oceans Subcommittee chair MAD- The yeas and nays were ordered. of marine conservation. ELINE BORDALLO. Thank you very The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. much, Madam Chair, and Congress- ant to clause 8 of rule XX and the SALAZAR). Pursuant to the rule, the woman LOIS CAPPS of California. Chair’s prior announcement, further gentlewoman from Guam (Ms. Later this evening, Mr. Speaker, Con- proceedings on this motion will be BORDALLO) and the gentleman from gresswoman CAPPS and I will be hon- postponed. Utah (Mr. CHAFFETZ) each will control ored by the National Marine Sanctuary f 20 minutes. Foundation for our work on ocean The Chair recognizes the gentle- issues, namely, coastal restoration and HONORING THE LIFE OF JACQUES- woman from Guam. coral reef rehabilitation. Of course, we YVES COUSTEAU GENERAL LEAVE take inspiration from the extraor- Ms. BORDALLO. Mr. Speaker, I move Ms. BORDALLO. Mr. Speaker, I ask dinary life and career of Captain to suspend the rules and agree to the unanimous consent that all Members Jacques-Yves Cousteau.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4226 CONGRESSIONAL RECORD — HOUSE June 8, 2010 Captain Cousteau was a pioneering I, like countless others, was impacted Cousteau continues to serve as a reminder to explorer of the seas and of the many by the dramatic way in which he all of us about the importance and values in environmental issues that we face showed us a world that was so foreign marine conservation and about managing our today. When explaining his relentless and so far away. The work that he did, natural resources. passion for ocean exploration and con- with that staff and that crew, had a Mr. Speaker, I urge my colleagues to sup- servation, he said, ‘‘People protect profound impact upon countless people, port H. Res. 518. what they love.’’ including myself. It’s an honor to stand Mrs. CAPPS. Mr. Speaker, I rise to offer my My congressional district, Mr. Speak- here in support of the passage of this support for H. Res. 518, a resolution honoring er, includes the Florida Keys National important resolution and thank him the life and accomplishments of the great en- Marine Sanctuary, one of the largest and the great impact that he had for vironmentalist Jacques Cousteau. coral reef tracts in the world, countless the deep appreciation and education Jacques Cousteau was an inventor, an ex- species of fish and wildlife, and three that he gave relating to our oceans. plorer and a concerned citizen of our world. national parks. We urge passage of this resolution. He invented a waterproof housing for an un- Today, countless small business own- Mr. Speaker, I yield back the balance derwater movie camera in 1936, and in 1943, ers and their families are fighting to of my time. with French engineer Emile Gagnon created protect the ecosystem and the way of Ms. BORDALLO. Mr. Speaker, in the Aqualung, which allowed divers to swim life that they hold dear. For 50 days, closing, I want to go on record to say untethered underwater for several hours. crude oil from the Deepwater Horizon that I agree with the gentlewoman Cousteau fought for the French in World War oil rig has spewed 40 million gallons of from Florida that this oil spill is a II, and the Aqualung was used by divers to lo- oil in the Gulf of Mexico, resulting in tragedy. I will work very closely with cate and remove enemy mines after the war. the worst environmental disaster in our chairman, Mr. NICK RAHALL, to en- In 1950 he purchased the ship Calypso from American history. sure that the laws are changed to pre- which to conduct his explorations of the world According to recent analysis by the vent such a disaster in the future. oceans, beginning the work for which he is Mr. Speaker, I again urge Members University of Central Florida, the oil perhaps best known: bringing the excitement to support this resolution. rig disaster will cost Florida’s economy of the oceans to the public. Mr. FALEOMAVAEGA. Mr. Speaker, I rise He showed people around the world the $2.2 billion and 39,000 jobs in the tour- today in support of H. Res. 518, legislation ism and fishing industry. I am certain beauty of ocean ecosystems—from the Red honoring the life of Jacques-Yves Cousteau, Sea to Antarctica and from the Caribbean to that Captain Cousteau would be horri- explorer, researcher, and pioneer in the field fied by BP’s nonchalance in responding the Indian Ocean—exploring the depths with a of marine conservation. sense of adventure and exposing the oceans to this crisis. First I want to thank the chief architect, the My constituents in the beautiful as the last earthy frontier to be explored. gentle lady from Florida, Ms. ILEANA ROS- He also lectured, produced amazing under- Florida Keys are particularly frus- LEHTINEN, for her leadership on this important water photography, and published many trated and angry at the lack of trans- resolution. I also want to thank the gentle lady books. Two of his films, ‘‘The Silent World’’ parency and lag response times by BP. from Guam, Chairwoman of the Subcommittee and ‘‘World Without Sun’’ won Academy BP must work on all fronts at once. It on Insular Affairs, Oceans and Wildlife, my Awards for best documentary. is responsible for capping the leak to good friend MADELEINE BORDALLO, and all my His television program, ‘‘The Undersea prevent more oil from gushing into the colleagues on the Natural Resources Com- World of Jacques Cousteau,’’ which aired from gulf, and it must provide the financial mittee for their support on H. Res. 518. 1968 to 1976, won multiple Emmy’s and support to those individuals whose This house resolution enjoys bi-partisan brought the marvels of his expeditions and the livelihoods have been devastated. support as well as the blessings of the undersea world into American homes, inspir- b 1445 Cousteau family. And it is most fitting that we ing many to love the sea and to pursue ca- approve this measure to recognize the life and BP and the Coast Guard must also reers in marine science. accomplishments of Jacques Cousteau on the In 1974 he founded The Cousteau Society make a stronger effort at coordinating 100th anniversary of his birth on June 11, with our local governments, especially to help raise public awareness of ocean 1910. issues and help promote wise management of in the Keys, and utilizing the expertise Mr. Speaker, H. Res. 518 recognizes an ex- and know-how of local businessmen our ocean resources. And in 1985 he was ceptional individual that has left an indelible awarded the Medal of Freedom by President and fishermen, as well as our many re- mark on marine science, research and con- search facilities in Florida’s colleges Ronald Reagan. Finally, in 1989 he was hon- servation. Over the span of his career, Mr. ored by the French with membership in the and universities. Cousteau produced over 120 films, authored As oil makes its way further into French Academy. or contributed to 50 books, invented the skin Mr. Speaker, Jacques Cousteau taught the north Florida beaches, hundreds of diving gear, and was awarded the prestigious fishermen, environmental activists, world how to appreciate, understand, explore, United Nations International Environmental use, and preserve the oceans. We all owe a students, and other concerned resi- prize as well as the Presidential Medal of dents have gathered together ready to debt of gratitude to him and his family for rais- Freedom from President Ronald Reagan. ing the public awareness and support for the assist in the cleanup effort. Commer- In 1952–53, Mr. Cousteau sailed to the Red cial fishermen and charter boat cap- wonder and beauty of the world’s oceans. Sea on the Calypso and filmed the first color As we celebrate World Oceans Week, it is tains have offered their assistance to footage ever taken at 150 feet depth. Called my hope that we can honor the wisdom of lay boom and to skim oil before it ‘‘The Silent World’’, the documentary won the Jacques Cousteau by working together to im- reaches the shore. Academy Award for the Best Documentary prove the health of our oceans, so that our In Key West, organizations like the Feature in the United States and was also children and grandchildren will have a chance United Way and the Florida Keys Envi- awarded the top honor award at the Cannes to enjoy and cherish them as he did. ronment Coalition have gathered vol- Films Festival in 1956. I encourage all of my colleagues to join me unteers ready to patrol the shoreline Mr. Speaker, I am pleased to know that the in supporting this resolution honoring the world for tar balls. I am so grateful for the legacy of Cousteau lives on with his family. An renowned Jacques Cousteau. leadership of these great local organi- article by Shelly Banjo in today’s edition of the I yield back the balance of my time. zations during this crisis. Their daily Wall Street Journal highlighted the works of The SPEAKER pro tempore. The activism is a tribute to Jacques Fabien Cousteau, grandson of Jacques question is on the motion offered by Cousteau. Cousteau. Following the footsteps of his the gentlewoman from Guam (Ms. Ms. BORDALLO. Mr. Speaker, I re- grandfather, the younger Cousteau is pursuing BORDALLO) that the House suspend the serve the balance of my time. marine conservation projects to restore and rules and agree to the resolution, H. Mr. CHAFFETZ. Mr. Speaker, I yield protect bodies of water around the world. Res. 518, as amended. myself such time as I may consume. These efforts are not only important to sustain The question was taken. House Resolution 518 recognizes the our oceans and marine resources, but they The SPEAKER pro tempore. In the life of Jacques Cousteau for bringing would also teach and educate everyone on opinion of the Chair, two-thirds being the underwater world to the living the value of our oceans and aquatic life. in the affirmative, the ayes have it. rooms of the Nation through his tele- At the time when our nation is facing one of Ms. BORDALLO. Mr. Speaker, on vision shows and documentaries. its worst oil spills in our history, the legacy of that I demand the yeas and nays.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4227 The yeas and nays were ordered. The vote was taken by electronic de- Rogers (MI) Sessions Tiberi The SPEAKER pro tempore. Pursu- vice, and there were—yeas 347, nays 0, Rooney Sestak Tonko Ros-Lehtinen Shadegg Turner ant to clause 8 of rule XX and the not voting 84, as follows: Roskam Shea-Porter Upton Ross Sherman Chair’s prior announcement, further [Roll No. 337] Van Hollen proceedings on this motion will be Rothman (NJ) Shimkus Vela´ zquez Roybal-Allard Shuler postponed. YEAS—347 Visclosky Royce Shuster Walden Aderholt Djou Lee (NY) Ruppersberger Simpson f Walz Adler (NJ) Doggett Levin Rush Skelton Wasserman RECESS Akin Donnelly (IN) Lewis (GA) Ryan (WI) Smith (NE) Alexander Dreier Linder Salazar Smith (NJ) Schultz The SPEAKER pro tempore. Pursu- Altmire Driehaus Lipinski Sa´ nchez, Linda Smith (TX) Watt ant to clause 12(a) of rule I, the Chair Arcuri Duncan LoBiondo T. Snyder Weiner Austria Edwards (MD) Loebsack Welch declares the House in recess until ap- Sanchez, Loretta Space Baca Ehlers Lucas Sarbanes Stearns Westmoreland proximately 6 p.m. today. Bachmann Ellison Luetkemeyer Scalise Sullivan Whitfield Accordingly (at 2 o’clock and 48 min- Bachus Ellsworth Luja´ n Schauer Sutton Wilson (OH) Baird Emerson Lummis Schiff Tanner Wittman utes p.m.), the House stood in recess Baldwin Engel Lungren, Daniel until approximately 6 p.m. Schmidt Taylor Wolf Barrow Eshoo E. Schock Teague Woolsey Bartlett Etheridge Lynch f Schrader Terry Wu Barton (TX) Farr Maffei Scott (GA) Thompson (MS) Yarmuth Bean Fattah Maloney b 1800 Scott (VA) Thompson (PA) Young (AK) Becerra Filner Manzullo Sensenbrenner Thornberry Young (FL) AFTER RECESS Berman Fleming Marchant Serrano Tiahrt Biggert Forbes Markey (CO) The recess having expired, the House Bilbray Fortenberry Markey (MA) NOT VOTING—84 Bilirakis was called to order by the Speaker pro Foster Marshall Ackerman Griffith Payne Bishop (GA) Foxx Matheson tempore (Ms. ESHOO) at 6 p.m. Andrews Grijalva Price (GA) Bishop (NY) Frank (MA) Matsui Barrett (SC) Gutierrez Price (NC) Bishop (UT) f Franks (AZ) McCarthy (CA) Berkley Harman Blackburn Radanovich Frelinghuysen McCarthy (NY) Berry Herger REPORT ON RESOLUTION PRO- Boccieri Richardson Fudge McCaul Blumenauer Hodes Boozman Rodriguez VIDING FOR CONSIDERATION OF Gallegly McClintock Blunt Hoekstra Boren Rohrabacher H.R. 5072, FHA REFORM ACT OF Garamendi McCollum Boehner Holt Boswell Ryan (OH) Garrett (NJ) McCotter Bonner Hoyer 2010, AND PROVIDING FOR CON- Boucher Schakowsky Gingrey (GA) McGovern Bono Mack Inglis Boustany Schwartz SIDERATION OF MOTIONS TO Gohmert McIntyre Brady (TX) Issa Boyd SUSPEND THE RULES Gonzalez McKeon Brown (SC) Kennedy Sires Brady (PA) Goodlatte McMahon Burgess Kilpatrick (MI) Slaughter Braley (IA) Mr. PERLMUTTER, from the Com- Graves McNerney Calvert Kilroy Smith (WA) Bright mittee on Rules, submitted a privi- Grayson Meek (FL) Campbell Langevin Speier Broun (GA) Green, Al Meeks (NY) Cardoza Larson (CT) Spratt leged report (Rept. No. 111–503) on the Brown, Corrine Green, Gene Melancon Carter LaTourette Stark resolution (H. Res. 1424) providing for Brown-Waite, Guthrie Mica Clarke Lewis (CA) Stupak Ginny consideration of the bill (H.R. 5072) to Hall (NY) Michaud Clyburn Lofgren, Zoe Thompson (CA) Buchanan Hall (TX) Miller (FL) improve the financial safety and sound- Conyers Lowey Tierney Burton (IN) Halvorson Miller (MI) Costa Mack Titus ness of the FHA mortgage insurance Butterfield Hare Miller (NC) Doyle McDermott Towns Buyer program, and providing for consider- Harper Minnick Edwards (TX) McHenry Camp Tsongas ation of motions to suspend the rules, Hastings (FL) Mitchell Fallin McMorris Cantor Wamp Hastings (WA) Moore (KS) Flake Rodgers which was referred to the House Cal- Cao Waters Heinrich Moore (WI) Gerlach Miller, Gary endar and ordered to be printed. Capito Watson Heller Moran (KS) Giffords Miller, George Capps Waxman Hensarling Moran (VA) Gordon (TN) Mollohan f Capuano Wilson (SC) Herseth Sandlin Murphy (CT) Granger Nadler (NY) ANNOUNCEMENT BY THE SPEAKER Carnahan Higgins Murphy (NY) Carney Hill Murphy, Patrick PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson (IN) Himes Murphy, Tim The SPEAKER pro tempore (during The SPEAKER pro tempore. Pursu- Cassidy Hinchey Myrick Castle Hinojosa Napolitano the vote). There are 2 minutes remain- ant to clause 8 of rule XX, proceedings Castor (FL) Hirono Neal (MA) ing in this vote. will resume on motions to suspend the Chaffetz Holden Neugebauer rules previously postponed. Chandler Honda Nunes b 1826 Childers Hunter Nye Votes will be taken in the following Chu Inslee Oberstar So the bill was passed. order: Clay Israel Obey The result of the vote was announced H.R. 1061, by the yeas and nays; Cleaver Jackson (IL) Olson as above recorded. H. Res. 518, by the yeas and nays. Coble Jackson Lee Olver A motion to reconsider was laid on Coffman (CO) (TX) Ortiz The first electronic vote will be con- Cohen Jenkins Owens the table. ducted as a 15-minute vote. The second Cole Johnson (GA) Pallone Stated for: electronic vote will be conducted as a Conaway Johnson (IL) Pascrell Ms. SCHWARTZ. Mr. Speaker, on rollcall Connolly (VA) Johnson, E. B. Pastor (AZ) 5-minute vote. Cooper Johnson, Sam Paul No. 337, had I been present, I would have f Costello Jones Paulsen voted ‘‘yes.’’ Courtney Jordan (OH) Pence Mr. MCDERMOTT. Mr. Speaker, on rollcall HOH INDIAN TRIBE SAFE Crenshaw Kagen Perlmutter No. 337, had I been present, I would have HOMELANDS ACT Critz Kanjorski Perriello Crowley Kaptur Peters voted ‘‘yea.’’ The SPEAKER pro tempore. The un- Cuellar Kildee Peterson f finished business is the vote on the mo- Culberson Kind Petri tion to suspend the rules and pass the Cummings King (IA) Pingree (ME) HONORING THE LIFE OF JACQUES- Dahlkemper King (NY) Pitts YVES COUSTEAU bill (H.R. 1061) to transfer certain land Davis (AL) Kingston Platts to the United States to be held in trust Davis (CA) Kirk Poe (TX) The SPEAKER pro tempore. The unfor the Hoh Indian Tribe, to place land Davis (IL) Kirkpatrick (AZ) Polis (CO) finished business is the vote on the mo- Davis (KY) Kissell Pomeroy into trust for the Hoh Indian Tribe, and Davis (TN) Klein (FL) Posey tion to suspend the rules and agree to for other purposes, as amended, on DeFazio Kline (MN) Putnam the resolution (H. Res. 518) honoring which the yeas and nays were ordered. DeGette Kosmas Quigley the life of Jacques-Yves Cousteau, ex- Delahunt Kratovil Rahall The Clerk read the title of the bill. DeLauro Kucinich Rangel plorer, researcher, and pioneer in the The SPEAKER pro tempore. The Dent Lamborn Rehberg field of marine conservation, as amend- question is on the motion offered by Deutch Lance Reichert ed, on which the yeas and nays were or- the gentlewoman from Guam (Ms. Diaz-Balart, L. Larsen (WA) Reyes dered. Diaz-Balart, M. Latham Roe (TN) BORDALLO) that the House suspend the Dicks Latta Rogers (AL) The Clerk read the title of the resolu- rules and pass the bill, as amended. Dingell Lee (CA) Rogers (KY) tion.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4228 CONGRESSIONAL RECORD — HOUSE June 8, 2010 The SPEAKER pro tempore. The Nye Roskam Smith (NJ) PERSONAL EXPLANATION Oberstar Ross Smith (TX) question is on the motion offered by Obey Rothman (NJ) Snyder Mr. GUTIERREZ. Mr. Speaker, I was un- the gentlewoman from Guam (Ms. Olson Roybal-Allard Space avoidably absent from this chamber today. BORDALLO) that the House suspend the Olver Royce Stearns Had I been present, I would have voted ‘‘yea’’ rules and agree to the resolution, H. Ortiz Ruppersberger Sullivan Owens Rush Sutton on rollcall votes 337 and 338. Res. 518, as amended. Pallone Ryan (OH) Tanner f This will be a 5-minute vote. Pascrell Ryan (WI) Taylor The vote was taken by electronic de- Pastor (AZ) Salazar Teague COMMUNICATION FROM THE Paul Sa´ nchez, Linda Terry CLERK OF THE HOUSE vice, and there were—yeas 354, nays 0, Paulsen T. Thompson (MS) not voting 77, as follows: Pence Sanchez, Loretta Thompson (PA) The SPEAKER pro tempore laid be- Perlmutter Sarbanes Thornberry [Roll No. 338] fore the House the following commu- Perriello Scalise Tiahrt nication from the Clerk of the House of YEAS—354 Peters Schauer Tiberi Peterson Schiff Tonko Representatives: Aderholt Davis (TN) Kaptur Petri Schmidt Turner OFFICE OF THE CLERK, Adler (NJ) DeFazio Kildee Pingree (ME) Schock Upton HOUSE OF REPRESENTATIVES, Akin Delahunt Kilroy Platts Schrader Vela´ zquez Washington, DC, June 8, 2010. Alexander DeLauro Kind Poe (TX) Schwartz Visclosky Altmire Dent King (IA) Hon. NANCY PELOSI, Polis (CO) Scott (GA) Walden The Speaker, U.S. Capitol, House of Representa- Arcuri Deutch King (NY) Pomeroy Scott (VA) Walz Austria Diaz-Balart, L. Kingston Posey Sensenbrenner Wasserman tives, Washington, DC. Baca Diaz-Balart, M. Kirk Price (GA) Serrano Schultz DEAR MADAM SPEAKER: Pursuant to the Bachmann Dingell Kirkpatrick (AZ) Putnam Sessions Watt permission granted in Clause 2(h) of rule II of Bachus Djou Kissell Quigley Sestak Weiner the Rules of the U.S. House of Representa- Baldwin Doggett Klein (FL) Rahall Shadegg Welch tives, I have the honor to transmit a sealed Barrow Donnelly (IN) Kline (MN) Rangel Shea-Porter Whitfield Bartlett Dreier Kosmas envelope received from the White House on Rehberg Sherman Wilson (OH) Tuesday, June 8, 2010 at 3:08 p.m., and said to Bean Driehaus Kratovil Reichert Shimkus Wittman Becerra Duncan Kucinich Reyes Shuler Wolf contain a message from the President where- Berman Edwards (MD) Lamborn Roe (TN) Shuster Woolsey by he submits a copy of a notice filed earlier Biggert Ehlers Lance Rogers (KY) Simpson Wu with the Federal Register continuing the Bilbray Ellison Langevin Rogers (MI) Skelton Yarmuth emergency with respect to Western Balkans Bilirakis Ellsworth Larsen (WA) Rooney Slaughter Young (AK) first declared in Executive Order 13219 of Bishop (GA) Emerson Latham Ros-Lehtinen Smith (NE) Young (FL) Bishop (NY) Engel Latta June 26, 2001. Bishop (UT) Eshoo Lee (CA) NOT VOTING—77 With best wishes, I am Blackburn Sincerely, Etheridge Lee (NY) Ackerman Giffords Price (NC) Boccieri Farr Levin LORRAINE C. MILLER. Andrews Gordon (TN) Radanovich Boozman Fattah Lewis (GA) Baird Griffith Richardson f Boren Filner Linder Barrett (SC) Grijalva Rodriguez Boswell Fleming Lipinski Barton (TX) Gutierrez Rogers (AL) CONTINUATION OF NATIONAL Boucher Forbes LoBiondo Berkley Harman EMERGENCY WITH RESPECT TO Boustany Fortenberry Loebsack Rohrabacher Berry Hirono Schakowsky THE WESTERN BALKANS—MES- Boyd Foster Lowey Blumenauer Hodes Brady (PA) Foxx Lucas Sires SAGE FROM THE PRESIDENT OF Blunt Hoekstra Smith (WA) Braley (IA) Frank (MA) Luetkemeyer Boehner Hoyer THE UNITED STATES (H. DOC. ´ Speier Bright Franks (AZ) Lujan Bonner Inglis Spratt NO. 111–118) Broun (GA) Frelinghuysen Lummis Bono Mack Issa Stark Brown, Corrine Fudge Lungren, Daniel Brady (TX) Kennedy The SPEAKER pro tempore laid be- Stupak Brown-Waite, Gallegly E. Brown (SC) Kilpatrick (MI) Ginny Garamendi Lynch Thompson (CA) fore the House the following message Calvert Larson (CT) from the President of the United Buchanan Garrett (NJ) Maffei Campbell LaTourette Tierney Burgess Gingrey (GA) Maloney Carter Lewis (CA) Titus States; which was read and, together Burton (IN) Gohmert Marchant Clyburn Lofgren, Zoe Towns with the accompanying papers, referred Butterfield Gonzalez Markey (CO) Conyers Mack Tsongas to the Committee on Foreign Affairs Buyer Goodlatte Markey (MA) DeGette Manzullo Van Hollen Camp Granger Marshall Dicks McHenry Wamp and ordered to be printed: Cantor Graves Matheson Doyle Miller, Gary Waters Cao Grayson Matsui To the Congress of the United States: Edwards (TX) Miller, George Watson Section 202(d) of the National Emer- Capito Green, Al McCarthy (CA) Fallin Mollohan Waxman Capps Green, Gene McCarthy (NY) Flake Payne Westmoreland gencies Act (50 U.S.C. 1622(d)) provides Capuano Guthrie McCaul Gerlach Pitts Wilson (SC) for the automatic termination of a na- Cardoza Hall (NY) McClintock tional emergency unless, prior to the Carnahan Hall (TX) McCollum ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE anniversary date of its declaration, the Carney Halvorson McCotter The SPEAKER pro tempore (during Carson (IN) Hare McDermott President publishes in the Federal Reg- the vote). Three minutes remain in this Cassidy Harper McGovern ister and transmits to the Congress a Castle Hastings (FL) McIntyre vote. Castor (FL) Hastings (WA) McKeon notice stating that the emergency is to Chaffetz Heinrich McMahon b 1834 continue beyond the anniversary date. Chandler Heller McMorris In accordance with this provision, I Childers Hensarling Rodgers So the resolution was agreed to. Chu Herger McNerney The result of the vote was announced have sent to the Federal Register for Clarke Herseth Sandlin Meek (FL) as above recorded. publication the enclosed notice stating Clay Higgins Meeks (NY) A motion to reconsider was laid on that the Western Balkans emergency is Cleaver Hill Melancon to continue in effect beyond June 26, Coble Himes Mica the table. Coffman (CO) Hinchey Michaud f 2010. Cohen Hinojosa Miller (FL) The crisis constituted by the actions Cole Holden Miller (MI) PERSONAL EXPLANATION of the persons engaged in, or assisting, Conaway Holt Miller (NC) Connolly (VA) Honda Minnick Mr. CONYERS. Mr. Speaker, on June 8, sponsoring, or supporting (i) extremist Cooper Hunter Mitchell 2010, I regret that I was not present to vote violence in the Republic of Macedonia Costa Inslee Moore (KS) on H.R. 1061 and H. Res. 518. and elsewhere in the Western Balkans Costello Israel Moore (WI) region, or (ii) acts obstructing imple- Courtney Jackson (IL) Moran (KS) Had I been present, I would have voted Crenshaw Jackson Lee Moran (VA) ‘‘yea’’ on both bills. mentation of the Dayton Accords in Critz (TX) Murphy (CT) f Bosnia, United Nations Security Coun- Crowley Jenkins Murphy (NY) cil Resolution 1244 of June 10, 1999, in Cuellar Johnson (GA) Murphy, Patrick PERSONAL EXPLANATION Culberson Johnson (IL) Murphy, Tim Kosovo, or the Ohrid Framework Cummings Johnson, E. B. Myrick Ms. KILPATRICK of Michigan. Mr. Speaker, Agreement of 2001 in Macedonia, that Dahlkemper Johnson, Sam Nadler (NY) I was not able to attend to several votes led to the declaration of a national Davis (AL) Jones Napolitano today. Had I been present, I would have voted emergency on June 26, 2001, in Execu- Davis (CA) Jordan (OH) Neal (MA) Davis (IL) Kagen Neugebauer ‘‘aye’’ on final passage of H.R. 1061, and tive Order 13219, and to amendment of Davis (KY) Kanjorski Nunes ‘‘aye’’ on final passage of H. Res. 518. that order in Executive Order 13304 of

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4229 May 28, 2003, has not been resolved. The to press for further reforms related to The Eagles beat Fort Worth Chris- acts of extremist violence and obstruc- democracy, human rights, and the rule tian on May 14 in Belton, Texas. They tionist activity outlined in Executive of law in Belarus, serious challenges re- won 1–0 behind senior Rachel Fox’s 10 Order 13219, as amended, are hostile to main. The actions and policies of cer- strikeouts. Coach Kelly Ferguson U.S. interests and pose a continuing tain members of the Government of coached her third team in 4 years to a unusual and extraordinary threat to Belarus and other persons to under- State championship. the national security and foreign pol- mine Belarus democratic processes or Participating in high school sports icy of the United States. For these rea- institutions, to commit human rights builds leadership and confidence in stu- sons, I have determined that it is nec- abuses related to political repression, dent athletes, and the Eagles have ex- essary to continue the national emer- and to engage in public corruption pose emplified those traits in spades. The gency declared with respect to the a continuing unusual and extraor- Fort Bend Baptist Eagles are proven Western Balkans and maintain in force dinary threat to the national security role models for their school and com- the sanctions to respond to this threat. and foreign policy of the United States. munity. Through hard work and dedi- BARACK OBAMA. For this reason, I have determined that cation, they have achieved the goals THE WHITE HOUSE, June 8, 2010. it is necessary to continue the national they set themselves at the beginning of f emergency declared to deal with this the season. threat and the related measures block- Mr. Speaker, I congratulate the Fort COMMUNICATION FROM THE ing the property of certain persons. Bend Baptist Eagles on their back-to- CLERK OF THE HOUSE BARACK OBAMA. back championship titles. I thank The SPEAKER pro tempore laid be- THE WHITE HOUSE, June 8, 2010. them for representing their community fore the House the following commu- f and their school with pride. nication from the Clerk of the House of CONGRATULATING CHARLES COLE Representatives: f MEMORIAL HOSPITAL OFFICE OF THE CLERK, SPECIAL ORDERS HOUSE OF REPRESENTATIVES, (Mr. THOMPSON of Pennsylvania Washington, DC, June 8, 2010. asked and was given permission to ad- The SPEAKER pro tempore (Mr. Hon. NANCY PELOSI, dress the House for 1 minute and to re- MURPHY of Connecticut). Under the The Speaker, House of Representatives, vise and extend his remarks.) Speaker’s announced policy of January Washington, DC. Mr. THOMPSON of Pennsylvania. 6, 2009, and under a previous order of DEAR MADAM SPEAKER: Pursuant to the Mr. Speaker, I rise today to congratu- the House, the following Members will permission granted in Clause 2(h) of Rule II late Charles Cole Memorial Hospital in be recognized for 5 minutes each. of the Rules of the U.S. House of Representa- tives, I have the honor to transmit a sealed Coudersport, Pennsylvania, for winning f envelope received from the White House on a 2010 Achievement Award from the The SPEAKER pro tempore. Under a Tuesday, June 8, 2010 at 3:08 p.m., and said to Hospital and Healthsystem Association previous order of the House, the gen- contain a message from the President where- of Pennsylvania. tleman from Indiana (Mr. BURTON) is by he submits a copy of a notice filed earlier Charles Cole Memorial was among 17 recognized for 5 minutes. with the Federal Register continuing the winners chosen from a pool of 134 en- (Mr. BURTON of Indiana addressed emergency with respect to Belarus first de- tries. Through their incredibly success- the House. His remarks will appear clared in Executive Order 13405 of June 16, ful efforts to solidify their connection 2006. hereafter in the Extensions of Re- to the community, the Charles Cole marks.) With best wishes, I am leaders and staff showed the impor- Sincerely, f LORRAINE C. MILLER. tance of transparency and accessibility in the health care field. UNQUALIFIED JUSTICE f The hospital established five Commu- CONTINUATION OF NATIONAL nity Benefit Advisory Committees as The SPEAKER pro tempore. Under a EMERGENCY WITH RESPECT TO outlets for the community to become previous order of the House, the gen- BELARUS—MESSAGE FROM THE involved in planning, operations, and tleman from Texas (Mr. POE) is recog- PRESIDENT OF THE UNITED governance. Committees met several nized for 5 minutes. STATES (H. DOC. NO. 111–119) times, both regionally and as part of Mr. POE of Texas. Mr. Speaker, the new Supreme Court pick, Elena Kagan, The SPEAKER pro tempore laid be- the organization, and continue to serve as integral team members and commu- has never been a judge. She’s never fore the House the following message seen a courtroom from the bench. She’s from the President of the United nity correspondents for the hospital staff. Recent data, when compared to never had a judge’s responsibilities. States; which was read and, together Elena Kagan has never instructed a with the accompanying papers, referred baseline data taken before the establishment of these advisory committees, jury. She’s never ruled on a point of to the Committee on Foreign Affairs law—any point of law. She has not de- and ordered to be printed: showed improvement in every major field, including the image of the hos- cided even one constitutional issue. To the Congress of the United States: pital, visibility in the community, and She’s never tried a criminal case. She’s Section 202(d) of the National Emer- quality of care. never tried a civil case. She’s never gencies Act (50 U.S.C. 1622(d)) provides The hospital will continue this great even tried a traffic case. for the automatic termination of a na- program. And as a person who spent We don’t know whether or not she be- tional emergency unless, prior to the many years in the health care field, I lieves the Constitution is the founda- anniversary date of its declaration, the understand the importance of this ef- tion of American law or whether she President publishes in the Federal Reg- fort and hope to see Charles Cole Me- thinks, like many, the Constitution ister and transmits to the Congress a morial Hospital continue to succeed in constantly changes based upon the per- notice stating that the emergency is to the future. sonal opinions of Supreme Court Jus- continue in effect beyond the anniver- f tices. But either way, Elena Kagan has sary date. In accordance with this pro- never had to make a constitutional call vision, I have sent to the Federal Reg- CONGRATULATING FORT BEND in a court of law in the heat of a trial. ister for publication the enclosed no- BAPTIST EAGLES tice stating that the national emer- (Mr. OLSON asked and was given per- b 1845 gency and related measures blocking mission to address the House for 1 She has never admitted evidence or the property of certain persons under- minute and to revise and extend his re- ruled out evidence or ruled on the mining democratic processes or insti- marks.) chain of custody regarding evidence. tutions in Belarus are to continue in Mr. OLSON. Mr. Speaker, I rise today She has never made even one decision effect beyond June 16, 2010. to commend the Fort Bend Baptist Ea- regarding any rule of evidence. Despite the release of internationally gles on their second consecutive 4A She has never ruled on the exclu- recognized political prisoners in the Texas Association of Private and Paro- sionary rule, the Miranda doctrine, an fall of 2008 and our continuing efforts chial Schools softball title. unlawful search and seizure allegation,

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4230 CONGRESSIONAL RECORD — HOUSE June 8, 2010 a due process claim, an equal protec- The SPEAKER pro tempore. Under a THE 10TH AMENDMENT TASK tion violation or any constitutional previous order of the House, the gentle- FORCE issue. woman from California (Ms. WOOLSEY) The SPEAKER pro tempore (Mr. She has never empaneled a jury. She is recognized for 5 minutes. MURPHY of Connecticut). Under the has never instructed a jury on a rea- (Ms. WOOLSEY addressed the House. Speaker’s announced policy of January sonable doubt or sentenced a person to Her remarks will appear hereafter in 6, 2009, the gentleman from Utah (Mr. the Extensions of Remarks.) the penitentiary. BISHOP) is recognized for 60 minutes as She has never had to decide whether f the designee of the minority leader. a witness was telling the truth or not. The SPEAKER pro tempore. Under a Mr. BISHOP of Utah. Thank you, Mr. As a judge, she has never heard a plain- previous order of the House, the gen- Speaker. tiff, a defendant, a victim, or a child tleman from New York (Mr. WEINER) is I appreciate the opportunity to be testify as a witness. She has never recognized for 5 minutes. here and for talking especially about made that all-important decision of de- (Mr. WEINER addressed the House. the 10th Amendment and about some of ciding whether or not a person is guilty His remarks will appear hereafter in the efforts that Members of this House or not guilty of a crime. the Extensions of Remarks.) are making in a way to try and empha- She has never held a gavel in a court- f size the significance and the impor- room, and she has never made any deci- The SPEAKER pro tempore. Under a tance of that particular amendment to sion in the heat of a trial. She has previous order of the House, the gen- the Constitution. never ruled on a life-or-death issue. tleman from North Carolina (Mr. You know, Mr. Speaker, for the peo- Elena Kagan has never made a judg- JONES) is recognized for 5 minutes. ple who are allowed to work in this ment call from the bench—not a single (Mr. JONES addressed the House. His Chamber or for those who come in to one. Yet, as a Supreme Court Justice, remarks will appear hereafter in the visit, there are all sorts of historical she would be second-guessing trial Extensions of Remarks.) references that they can see. judges and trial lawyers who had been f Up around the top of the wall over through the mud, blood, and tears of The SPEAKER pro tempore. Under a here, there are the cameos of the great actual trials in actual courts of law. previous order of the House, the gentle- icons of the world, of the great law- How can she possibly be qualified to fill woman from Ohio (Ms. KAPTUR) is rec- givers of the world. Moses is the great- the post of a Supreme Court Justice? ognized for 5 minutes. est of all lawgivers. He is the only one Kagan is an elitist academic who has (Ms. KAPTUR addressed the House. who has a full face, and he is looking spent most of her time out of touch Her remarks will appear hereafter in directly at the Speaker. Everyone else with the real world and with the way the Extensions of Remarks.) has a side view going around here. And there are only two Americans in things really are. Being a judge would f this pantheon of great lawgivers in the be an exercise to the new Supreme The SPEAKER pro tempore. Under a history of the world, George Mason and Court nominee. She has read about previous order of the House, the gen- Thomas Jefferson, who are on either being a judge in books, I suppose. She tleman from Kansas (Mr. MORAN) is side of the Speaker’s rostrum, with might even have played pretend in her recognized for 5 minutes. some great language from Webster, college classroom. But she has never (Mr. MORAN of Kansas addressed the telling us to use our resources to de- been a judge. She has never made a ju- House. His remarks will appear here- velop this country, which is in between dicial decision, and her first one should after in the Extensions of Remarks.) the two. not be as a member of the United f I always thought it was somewhat States Supreme Court. She has never ISRAEL’S RIGHT TO SELF- ironic that Jefferson and Mason were determined justice—not a single time. DEFENSE the two great lawgivers whom we have Yet she wants to be a Supreme Court The SPEAKER pro tempore. Under a from the United States in this Cham- Justice. previous order of the House, the gen- ber, because neither of them actually Besides never being a judge, she has tleman from California (Mr. HERGER) is signed the Constitution. Jefferson was never even been a trial lawyer. She has recognized for 5 minutes. not present at the time, and George never questioned a witness, argued a Mr. HERGER. Mr. Speaker, I rise to Mason was one of three people who case to a jury, or tried any case to any affirm Israel’s right to self-defense and spent the entire time at the Constitu- jury anywhere in the United States. to express my outrage over the knee- tional Convention but who, at the end She has absolutely no courtroom trial jerk international condemnation of our of that time, still refused to affix his experience as a judge or as a lawyer. strong ally following the recent flotilla signature to the document itself. Real-world experience makes a dif- incident. As I was teaching school, I insisted ference. Reading books about some- The video is clear: The activists ig- that every one of my kids had to say thing and actually doing it are two nored warnings from Israeli forces to why Mason was one of those who did completely different things. turn away from Gaza, and they dis- not sign the document. What was his People’s lives and livelihoods are at regarded invitations to offload their rationale for it? Of course, it was be- stake in these courtroom decisions. supplies elsewhere. Worst of all, they cause the document did not have a Bill Courtroom experience is fundamental placed Israeli forces in grave danger by of Rights. to being a judge on the Supreme Court. brutally attacking them. Now, I was always hoping that one of As anyone who has been through the Many countries immediately con- my students would ask what I still court system can testify, a courtroom demned Israel. Their reactions sharply think is a more significant question, is a whole different world. contrast with their failures to de- which is not why did Mason not sign Putting Elena Kagan on the United nounce the hostile behavior of Iran and but, rather, why did all of the other States Supreme Court is like putting North Korea. brilliant men, the Founding Fathers— someone in charge of a brain surgery I applaud the Obama administration Washington and Franklin and Madison unit who has never done an operation. for avoiding this double standard. The and Hamilton and Wilson and Dickin- She may be qualified for the classroom, United States must always stand son and the rest—not go along with but she is certainly not qualified for against the unfair treatment of an im- Mason? Why did they not add a Bill of the courtroom. She should stay in the portant ally. Rights into the base document? schoolhouse since she has never been in f It was certainly not because these trial at the courthouse. We cannot put The SPEAKER pro tempore. Under a Founding Fathers did not believe in the Constitution in the hands of some- previous order of the House, the gen- the idea of individual liberty. They had one who has never had to use it in the tleman from Oregon (Mr. DEFAZIO) is another method, another mechanism, trial of a real case in a real court of recognized for 5 minutes. that they thought more specific than law. (Mr. DEFAZIO addressed the House. actually listing down what our rights Elena Kagan—unqualified justice. His remarks will appear hereafter in are and are not. It was the structure of And that’s just the way it is. the Extensions of Remarks.) government. Though not specifically

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4231 named in the document, it becomes the ence on the people is, no doubt, the pri- If I could interrupt at this point, I essential element of the Constitution. mary control on government, but expe- would like to introduce one of the And the purpose of that structure was rience has taught mankind the neces- members, one of the 10 founders of this to ensure that individual liberties sity of auxiliary precautions. 10th Amendment Task Force to per- would be maintained and that personal The 10th Amendment to the Con- haps talk to you a little bit about the dignity and personal freedoms would be stitution—this concept of separating importance of the 10th Amendment and benefited and would grow in this coun- power horizontally between the three about the importance of federalism in try. branches of government and vertically restoring personal liberties and in So those Founding Fathers, when between the two levels of government— making sure that government does not they built our system of government, is one of those auxiliary precautions have the heavy hand that hurts and divided power horizontally between the that the Founding Fathers realized we harms people, which was the intention three branches of government—execu- needed to have. of the Founding Fathers. tive, legislative, and judicial—with the Scalia, in an opinion of the Supreme So I would yield to the gentleman goal and purpose of balancing those Court, once said that that Constitu- from Texas for as much time as he three so that individual liberties would tion’s brilliance—and I’m paraphrasing wishes to consume at this point. be protected. Indeed, the problem is, if this—is to divide powers among dif- Mr. NEUGEBAUER. ever those three branches horizontally ferent levels and different branches of Mr. NEUGEBAUER. Well, I thank the are out of balance, where one branch of government to resist the temptation of gentleman, and he brings up some ex- government has far more ability to consolidating power as a simplistic so- cellent points. I am a proud member of the 10th control the outcome of policy than the lution to the emergency of the day. Amendment Task Force because I other, it is individual people who are That’s what we are talking about. think one of the things that we have to hurt. It is their rights that are put in Now, I want to emphasise very clear- do in order to restore order in this jeopardy. ly that this is not the same thing as country is to get back to some of the Now, they thought it was going to be States’ rights. States’ rights, as we tra- principles that our Founders intended. very easy for those three branches of ditionally use that term, was an idea They didn’t intend for government to government to maintain that special about power designed actually by Jef- be the answer to every issue in this balance because each one would have a ferson and Madison when they were talking about the Kentucky and Vir- country. vested interest in maintaining their One of the things I think back to ginia resolutions and by Calhoun when particular roles within the system. Yet happened a few years ago in my con- he was talking about nullification and what is often forgotten, especially in gressional district, which was not too by Jefferson Davis when he was trying public school classes about govern- long after we had the Katrina incident to fight the Civil War and by other ment, is, in addition to that horizontal in New Orleans. We had a major fire in balance of power, equally important to groups when a lot of evils have actu- an area called Cross Plains, Texas. I the Founding Fathers was a vertical ally been perpetuated. went down there the next day, and the States’ rights is about power. Fed- balance of power between the national people in that region had already eralism and the 10th Amendment are government and the States. brought clothes to the church, so the about balancing power between Once again, the purpose of that bal- people who had lost everything in the branches of government, between the ance was supposed to be to protect in- fire were able to receive clothes. For dividual liberties. Again, if that bal- national government and the State the people who had lost livestock, ance is off kilter, then individuals are government. And the balance—not con- other people were going out and help- harmed. But the question always was: trol—the balance is there to protect in- ing them. For people who had lost their Would the Federal Government, the na- dividuals. homes, people in the community had Because it is so easy for the Federal tional government, be sufficient to try provided temporary housing. and maintain itself and to govern itself Government to ignore that or to forget to create and maintain that balance? it, we have formed a 10th Amendment b 1900 In the Federalist Papers, obviously Task Force. The goal and propensity of And within a very short period of people like Madison and Hamilton, who that task force is, once again, to try time, the people in this community wrote those Federalist Papers, envi- and reemphasize the significance of met their own needs. And I got an in- sioned this. This was part of their ar- federalism and to disperse power from teresting phone call from a member of gument to this Nation on why the Con- Washington to restore that constitu- the media, and that person said, well, stitution should be adopted. tional balance of power through the what is the government doing for the Madison, in Federalist 45, said that liberty-enhancing elements of fed- people in Cross Plains today? And I the powers delegated by this proposed eralism. said, well, you know, the good news, we Constitution are few and defined. We have five goals: One is to educate didn’t need the government in Cross Those which are to remain in the State Congress and the public about fed- Plains today because the people re- government are numerous and indefi- eralism. Two is to develop proposals to sponded to that. nite. Why? Because powers reserved to disperse power to regions, to States, to And I think what we’ve gotten away the States will extend to all the objects local governments, and to private in- from, as the gentleman points out, is which concern the lives, liberties, and stitutions, to families and to individ- we’ve kind of turned the whole concept properties of the people. uals. Three is to elevate federalism as of what the Founders thought about In Federalist 32, Hamilton said the a core focus of our leadership in Con- this country upside down. They never same thing when he simply said that gress. Four is to monitor threats to intended for the government to be the any attempt on the part of the na- 10th Amendment principles and to fed- solution and, in fact, the best solutions tional government to abridge any eralism. Five is to help build and foster happen when you keep the government State power would be a violent assump- a federalist constituency. closest to the people. tion of power unwanted by any article What we are trying to do is to make So the Tenth Amendment Task or clause of the Constitution. people more aware of the importance of Force, what we’re going to try to do is Indeed, when Hamilton was arguing federalism, of the importance of the not only analyze some of the things on whether to add a Bill of Rights to 10th Amendment and how it impacts we’ve already done; but as legislation the Constitution itself, he simply their lives and also to find ways to em- is brought to this very floor, we’re asked the question: Why should we pro- power States so they can stand up to going to try to remind our colleagues hibit that which cannot be done? The the national government and so they of the principle of federalism, and is assumption always was that there can reestablish the balance that was this the right place for this particular would be limitations on what the Fed- always intended to be there. Because, piece of legislation to be originated, or eral Government can do, not so on the once again, if that balance is out of kil- should this be left to the people, be- States. ter, then all of a sudden individuals are cause every time the Federal Govern- Now, the final one from Federalist 51, harmed and people are harmed. It af- ment puts a new law in place, individ- also by Madison, said that the depend- fects their daily lives. uals’ liberties and freedoms are eroded.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4232 CONGRESSIONAL RECORD — HOUSE June 8, 2010 Now, one of the things that we’ve Mr. Speaker, I hate to admit this: Even—and I’m not trying to be a been talking about in this body for a I’m an old school teacher. I taught his- snob here—even in Dvorak’s ‘‘New number of months now is these record tory. So when I read about what the World Symphony,’’ which I like, I have deficits in our country. It wasn’t many Founding Fathers intended and how to admit I like the first and the third years ago that this country had a budg- they tried to structure this govern- movement, and not the second, so no et of $100 billion, in fact, back in, I ment, I find that fascinating. longer do I have to sit through about 15 think, 1962. This year the President of I also recognize, unfortunately, for minutes of stuff I don’t like before the United States brought a budget to most people, when you talk about fed- going from the first to the third. I sim- this floor that spent over $3.7 trillion. eralism or the Tenth Amendment, ply took it out so I can go directly And by the way, it’s $3.7 trillion, and their eyes will glaze over. All they re- from the first to the third. Those are we don’t have $3.7 trillion. In fact, member from those concepts is prob- options. we’re going to borrow 42 cents for ably some essay they had to write in Everybody in America today has every dollar we’re going to spend. high school and something they didn’t choices or options given to them, until One of the reasons that we are run- enjoy then and probably don’t want to it comes to dealing with the govern- ning these record deficits is we have all think about it now. ment, especially with the Federal Gov- of this money being funneled into the But the bottom line is, the Founding ernment, because once again, all of a Federal system, and then we have all of Fathers actually foresaw our day. They sudden now you come back to Wash- these people up here in Washington recognized that the solutions we need ington and you find out that Wash- trying to figure out how to spend the for the crisis of this day that impacts ington still believes in one-size-fits-all- taxpayers’ dollars, and then those mon- real people today is the concept of fed- mentality programs and mandates. ies go down to the States, and the eralism. That balance, that balance This is the only area where that’s States try to figure out how to dis- which, unfortunately, has been out of found. And the question you should be tribute those dollars, and then the balance for quite some time, is that so- asking is: Why? States pass them out maybe to the lution and, indeed, the salvation of our Well, it’s very simple. That’s our pur- local communities. And here’s what future. pose of being the Federal Government. happens: But, as you can obviously tell, I’m If you need to have something occur- Here is a dollar bill that the tax- old, which is something that bothers ring in this country, where everyone is payers pay in taxes. Now, what happens me. However, I also recognize that the doing the exact same thing at the is, after Washington washes this money world is different. When I was a kid, exact same time in the exact same in this massive federalism, then we television was a whole lot easier. There way, the Federal Government, the na- have the dollar that actually gets back were only three channels and one PBS tional government here in Washington, to the intended purpose. It’s a shrunk station. The dial only had 13 options on is the only one that can orchestrate dollar. And one of the things we can do it, and, yeah, I had to actually get up and mandate that. So if we have to be if we really want to be serious about, and go to the TV and change the dial, in lockstep, this is the level to go. This one, being more government efficient so I didn’t change channels that often. is the place to accomplish that task. is getting the government out of some But that was life. But, if, indeed, maybe something dif- of the businesses they’re in so that this Now, when I go back this evening to ferent is needed and creativity and op- dollar is the dollar that gets to the my apartment, I will have a television tions are important, it’s not going to people, and not this dollar that’s been set that gives me the option of 161 happen from Washington. Never has, washed through Washington and channels. Okay, it’s true I still watch and I don’t think it ever will in the through the States, but back to the the same five all the time anyway, but near future. If indeed you want some- local governments. I do have 161 options in front of me. thing different, then you have to em- As I close and yield back to the gen- No longer do we have simply a tele- power State and local governments to tleman, I think about the days when I phone that’s on the wall with the tele- was on the city council in Lubbock, accomplish that task. If you want cre- phone company telling me what to do. Texas. And it was so discouraging to ativity, you allow States and local gov- I can go into a store and find all sorts me where we would be sitting in coun- ernments to fit situations to their par- of plans on how to communicate with cil meetings, and we would be sitting ticular needs and demographics. other people in television today. Like my State of Utah is unique with staff, and someone would have an There are 14 kinds of wheat thins. among the other States. We have more innovative idea of better ways to serve There are 16 different varieties of our citizenry in Lubbock, Texas. But kids than any other State as a percent- Pringle potato chips. There are 160 dif- we would always hear from some of the age of our population. We have more ferent kinds of Campbell soup. staffers, well, there’s a Federal regula- small businesses than other State as a Even if I want vanilla, I can still go tion that we’ll have to check on; or I’m percentage of our population. And we to a store that offers me 31 opportuni- not sure that that is in keeping with have a higher percentage of our small ties to pick something else. certain regulations that would keep businesses with no insurance that they The entire life of everyone today in Lubbock from getting certain kinds of offer their employees than any other the business world is one that deals funding, because it was stifling cre- State in the Nation. with giving people choices and options. ativity in our local communities. If you want to do some kind of health And so, as the gentleman points out, Whether it’s telephone plans or kinds care program, for example, that fits the Founders were very sincere about of cereal to buy, I have all sorts of op- the needs of Utah, with their high stu- not letting the Federal Government tions and choices in front of me. The dent population, their high small busi- have very many powers, because they business world has recognized that if ness population, you’re going to have a knew where the best work happens, they want business from me, they have program that’s going to be vastly dif- that to keep innovation and liberty to give me choice and options. ferent from a State on the east coast. and freedom in place was to limit the Everywhere in our life today we give That doesn’t happen here in Wash- powers of our Federal Government. choices and options. When I was a kid ington. It will happen if you empower Some way along the line we lost our and I heard a song I liked, I had to go States to come up with a new idea. way. to the store and by the entire vinyl If you want efficiency, you empower And one of the reasons I joined the record and then put it on and hope I States. If you want justice so that cir- Tenth Amendment Task Force was to could drop the needle in the correct cumstances to a local level that are see if we can restore the spirit of the groove without destroying the record. I mitigating circumstances can be taken Constitution back to this body. don’t need to do that anymore. Today into effect, it can only happen if you And with that, I yield back to the my kids have given me an Ipod, which empower State and local governments gentleman and thank him for his time. means if I hear a song I like, all I now to do that. Mr. BISHOP of Utah. I thank the have to do is call up one of my kids and Louis Brandeis, in one of his Su- gentleman from Texas for going over say, come over and put it on my Ipod preme Court minority decisions, again some specific examples of what this because I don’t know how to work the talked about the States as the labora- means to individuals. stupid thing. But I still have a choice. tory of democracy, which simply

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4233 meant, if you want people to explore thing from regulating the size of the do to help? What can we do to address creative ideas, allow them to do so. If holes in Swiss cheese to the colors for the growing size of this Federal Gov- States are the ones who are exploring surgical sutures. And I would argue ernment? One of the ways I ask them those creative ideas and they do some- that the size of the holes in Swiss to help is to do a better job of vetting thing well, it can be replicated by ev- cheese probably should be defined by your requests to me and to your Fed- eryone else and maybe molded to fit the folks in Wisconsin where they do a eral Government for help. Make sure the demographics of everyone else. lot of cheese. But a Federal rule, Fed- that whatever it is that you’re asking But if a State makes a mistake and eral law that delves into that detail us to do is a good idea, that there is a it is wrong, only that State is nega- into the, as Madison would have re- nexus to the Constitution, that there is tively impacted. When Washington ferred to it as the ordinary course of a link in the Constitution that dele- makes a mistake, everyone is impacted affairs that concern the lives, liberties gates the powers to this Federal Gov- negatively, and it is very difficult to and properties of the people, that’s a ernment for it to even deal with the try and get out of that particular situ- government that’s overreached. particular problem you’re bringing to ation. Part of our problem is we send people us. That’s what the Founding Fathers to Congress who are, at their core, can- I would argue that much of our over- were talking about. That idea of trying do people, solution people, folks who spending today is driven by good- to give people choices and options can want to solve issues. And our focus hearted people who have lost sight of be accomplished if one truly believes in here is on every single problem. While the 10th amendment, have come up the idea of balance between a national our Constitution, though, says that we here and asked for help from this Fed- government and States so States are really are limited by the powers grant- eral Government, not of course real- empowered to be created, to be innova- ed in the Constitution to this govern- izing the strings that are going to be tive, to come up with new ways, new ment as to those problems which we attached to the Federal laws that get approaches, and new ideas. And when ought to take up, clearly national de- put in place, when the solution would we in Washington try and set mandates fense, clearly homeland security, post much better have been dealt with at down to tell States how they will do office roads as the phrase is used. But the local level. Federalism, as my col- things, we take away the creativity. much of what we deal with every single league from Utah has just stated, it’s And unfortunately, we also take away day here in Congress is beyond those not really a left or right issue. It’s not efficiency, and we take away choices limited powers, because we are solu- really a Democratic issue or a Repub- and options from people. tions-oriented kinds of folks and it’s lican issue. There are good things to be That’s what federalism means. It’s our nature to grab the bull by the had by both sides. Both sides of the not an essay to write in high school. horns and move forward with it, losing aisle should be able to embrace this It’s about how people can live their sight, of course, that the Constitution concept so that the States do most of lives to make choices for themselves. says that’s not a real good thing for us the heavy lifting and the counties and And it’s very important. to be doing. cities and local governments do the With that, I’d like to take a break Let me reemphasize that last sen- work that deals with the issues con- here and yield some time, or as much tence: ‘‘The powers reserved to the sev- fronting their people. So this really time as he may consume, as well to an- eral States will extend to all the ob- shouldn’t be a particularly partisan ef- other great Representative from the jects which, in the ordinary course of fort as we move forward. State of Texas, who also is one of the affairs, concern the lives, liberties and My friend mentioned earlier about participants with this task force, who properties of the people.’’ the idea that the States should be the recognizes the significance and impor- Mr. Speaker, that’s an awful lot of incubators or the laboratories for ex- tance of allowing people choices in the area of lives that committees like periments with how government ad- their lives, and that does not come Education and Workforce or Labor, dresses a particular program. There are when the Federal Government sets its many of the committees up here deal two examples that I can think of off one-size-fits-all agenda on top of peo- in the ordinary course of affairs of the the top of my head. One is the health ple. I yield to the gentleman from lives of people. care experiment going on in Massachu- Texas for as much time as he may con- Now, part of the rancor that we see setts. They’ve been at it now 3 or 4 sume. across this country related to the Fed- years and it’s different than what they Mr. CONAWAY. Well, I thank the eral Government is a sense of power- thought it would be, they may not be gentleman from Utah for yielding and lessness by the good folks back home able to push that to the scale of the for hosting this night’s hour to talk over issues that really ought to be United States, and the people of Massa- about the Tenth Amendment and fed- dealt with back home. chusetts are struggling with how to eralism. pay for health care under the universal It’s probably been read into the b 1915 plan that they’ve put in place where RECORD 11 dozen times, but I want to This rage that we’re seeing is driven everybody was mandated to have insur- read a quote from James Madison into by an overreaching Federal Govern- ance. It doesn’t look to me like it’s the RECORD that sets the tone for what ment. Decisions that are best made at working. Why would you then want to I want to talk about. the local level and controlled by those take that policy and try to extend it James Madison, in Federalist 45 said: people are being usurped and taken across the United States? I don’t think ‘‘The powers delegated to the Federal care of by 435 people here in Wash- you would. Government are few and defined. Those ington and the 100 Senators on the An area where it has worked, and I’ll which are to remain in the State gov- other side. And much of that frustra- brag on Texas. Six years ago, Texas put ernments are numerous and indefinite. tion at being out of control is as a rein place a tort reform program that The former will be exercised prin- sult of this Congress taking over jobs limited the punitive damages on med- cipally on external objects such as war, and areas that are much better left to ical malpractice suits. So we’ve had a peace, negotiation and foreign com- counties and cities and States as the 6- or 7-year experiment involving 25 merce. And the powers reserved to the Founding Fathers had intended. If we million people in Texas and it has several States will extend to all of the were to quit delving into their personal worked. Doctors are coming to Texas objects in which, in the ordinary lives affairs and ordinary course af- because their malpractice insurance course of affairs concerns the lives, lib- fairs, much of the conflict that is out rates are lower, and the citizens of erties and properties of the people.’’ there would disappear and would be fo- Texas are getting the care that they Mr. Speaker, I’d argue that therein cused on the local level where the deci- need. If a hospital and a physician lies much of the problems that we face sions are made best as to the solution make a mistake, the economic dam- today as a Federal Government. Since that best fits those local folks. ages in trying to put that person back 1995, this Congress and the various ad- I get asked often by mayors and to as close to what they would have ministrative agencies across this vast county judges and city councilmen and been before the mistake was made, Federal Government have issued some county commissioners and school su- that gets done. But these punitive 60,000 new rules and regulations, every- perintendents and others, What can we damages, which sometimes just defy

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4234 CONGRESSIONAL RECORD — HOUSE June 8, 2010 logic, are no longer on the table in Peace. You can sit down and read it kins funds, which go to technical edu- Texas. and understand exactly what your Fed- cation, we had to buy a new system, a And so that experiment, as the Presi- eral Government should be doing, and new computer system, out of State dent called for in his health care then everything else is left to the funds. We couldn’t transfer money. It speech, to test medical malpractice re- States. had to come out of State funds. The form in and around the country, I With that, I appreciate the time from bottom line is we did not spend as would argue that we’ve had a 6-, almost my colleague from Utah. much on kids for technical education 7-year test now working with the State Mr. BISHOP of Utah. I appreciate Mr. that year because instead we had to of Texas on medical malpractice re- CONAWAY from Texas for once again take our funds and spend it on a com- form, tort reform, that really works. putting it in perspective and giving us puter system that we didn’t want, that So in that vein, to the extent that this some specific examples. One more we didn’t need, and we also never used; would be needed at the Federal level to time: If you’re dealing with the dif- simply because it was a Federal man- deal with the vast medical programs ference of whether Washington comes date. That’s what you lose in this proc- that we have in place, could be rep- up with a program or dealing with ess. licated on a much larger scale because whether a State has the ability of com- Utah had some great registration we’ve had a big enough test through ing up with a program, it’s one more rolls, until the Federal Government in- the State that it makes sense. time where if the State does it, the ef- sisted that motor voter had to be a Let me finish up by saying that be- ficiency of that program is far supe- mandate that every State did. So in- cause they lived 230 plus years ago, we rior. stead of being able to go through our sometimes give our Founding Fathers Let me give you a couple of examples election rolls, our voter rolls, every 4 short shrift as to how intelligent they of what we have done this year in this years as we were doing to make sure really were. We think because we are Congress. We passed a bill in the they were current, we now could not do the most intelligent people walking House, I don’t think it’s gone through it until 10 years had passed. Con- the face of the earth, that we’ve got all the Senate yet, dealing with school sequently, if you look at the number of the great ideas, that we don’t really construction, allowing the Federal people who are now registered in the need to look back in the history to see Government to assist States with State of Utah and the number of kids and understand what they had in mind. school construction. Now on the sur- we have, the numbers quite frankly Quoting Madison again out of the face that sounds like a nice idea. The don’t add up. Our voter rolls are in Federalist Papers, ‘‘The powers dele- State of Utah, though, happens to be worse shape because the Federal Gov- gated to the Federal Government are one of the States that has an equali- ernment insisted the State had to do it few and defined.’’ That means if you’ve zation program which means already, a particular way in every State, wheth- got a plan that doesn’t fit under one of districts that don’t have a need and er it made sense or not, and the State those powers, then the Federal Govern- have extra money for construction will had to actually pay for that oppor- ment really at the end of the day have some of that money taken away tunity at the same time. should not pass laws that deal with and given to districts where there is a We had a bill before us a few weeks that. We should have the backbone to greater need. ago in which we tried to mandate phys- say, ‘‘That’s a really tough problem, As I asked the sponsor of that bill, ical education. There is nothing wrong it’s really important to people, but it’s how will this Federal aid affect equali- with physical education in our public not the Federal Government’s responsi- zation, the answer was simply they schools. There is nothing wrong with bility to address that. You need to didn’t know; no one had ever thought emphasizing it. There is nothing wrong work within your own system back about that kind of a concept. And in- with kids needing it. What is wrong is home to address that issue.’’ deed as the bill was developed to try that Congress is not a school board. That’s one of the hardest things and make sure that the aid went out to And school boards should be making Members of Congress do. We hate to what we thought as Congress would be those kinds of decisions. tell constituents, ‘‘No, that’s really not equitable, aid went out to Title I One of the things that we have to re- something that the Federal Govern- schools only, under the assumption alize is that words in the course of his- ment should be dealing with,’’ and yet that if you were a Title I school, you tory change their meaning. If you went that really should be the answer to had poorer kids. Therefore, as a poorer back to the time of the Constitution many of the requests that we get from district, you would need more assist- and you used the word ‘‘awful,’’ awful back home, is that these aren’t federal ance. Well, the bottom line is any aid back then did not mean something that issues. Quoting Madison again, ‘‘Those money that would flow under our Fed- was bad; awful meant something that which are to remain in the State gov- eral program to the State of Utah was good and inspired awe. If you ernments are numerous and indefinite. would go to districts that didn’t need talked about a natural man, a natural The former will be exercised prin- the aid in construction. The districts man was somebody back then who was cipally on external objects, such as that did need the aid in construction or a reasonable individual. If you also war, peace, negotiation and foreign that help and benefit didn’t get any- talked about the verb to discover, dis- commerce. The powers reserved to the thing. cover back then did not mean to find several States will extend to all the ob- And that system unfortunately was something you don’t know about; it jects which again in the ordinary replicated in other States, where dis- meant to reveal something about course of affairs concern the lives, lib- tricts that did not need extra Federal which you do know to someone else. erties and properties of the people.’’ help in school construction would in- Words have different meanings. Mr. Speaker, I would argue that all deed have gotten extra Federal help. It One of the phrases that’s in the Con- of us would learn a much better appre- simply means that we don’t necessarily stitution, both in the first article as ciation of how limited this Federal know all of the variances that a State well as in the preamble, is the phrase Government really should be if we were and local government does and there- ‘‘general welfare.’’ That’s one of the to go back and take a look at our fore we make different decisions. phrases that means different things. Founding Fathers’ comments and just When I was Speaker of the House in Today we have the tendency of reading periodically read the Constitution. It is Utah, I was obviously always upset that word and emphasizing the last a requirement on my staff, and I’ve in- with the Federal Government for put- word of ‘‘welfare.’’ The Founding Fa- troduced legislation that would encour- ting more restrictions on me as a State thers when they wrote that phrase em- age Members of Congress and their legislator. There was one year in which phasized the first word of ‘‘general,’’ staffs to read the Constitution once a the Federal Government in all their which simply meant that the Federal year. We all have the little pocket wisdom insisted that we buy a new Government was only supposed to do versions that we write in the front computer system. That was back in the things that impacted the general wel- cover. When’s the last time that we era when computers were big and bulky fare, with emphasis on the word ‘‘gen- read the Constitution? It’s not a long and they took up most of a room. We eral.’’ It meant only doing those things tome. It’s 2,500 words or so. It’s not didn’t want it but we did not have any that impacted everybody in this coun- like trying to wade through War and option. If we wanted to have Carl Per- try, not a particular person. That’s

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4235 why Presidents Madison and Monroe whether it be P.E. programs or school was very clear to all of the Founders vetoed road projects. Jackson vetoed a constructions or technical education or was the issue of federalism. road project because the road project voter registration rolls or roads or any- The idea of the United States of only helped and benefited people in the thing else. America was a radical idea to begin area of that road and therefore was not Now, that’s what the Founding Fa- with. Never before had people believed general welfare. Well, we have changed thers intended, that the programs be that they had freedoms and that they that concept as time simply has gone implemented at State level and the tax had inalienable rights given to them by on, not necessarily for the better. money for those programs remain at God. So it was a totally radical idea. I was giving a speech once on this those State and local levels, which is But add to that the idea that you very floor in which I talked about how why, as Mr. CONAWAY said, this is not a shouldn’t have a Federal Government they meant general welfare to be and program about liberals and conserv- that would control everything from how it was a restricting concept, not atives. If a liberal wants to expand gov- Washington, and it was absolutely rad- an expansive concept, and I got a call ernment, fine. It can be done under fed- ical. And we owe a great deal to George from one of the C–SPAN viewers the eralism. But what you do is make sure Washington, our first President, for next day saying I appreciated the that the government that is closest to not trying to be king and under- speech, it was very nice; however, she the people runs it so it is a much more standing that we needed to send power, took umbrage at what I said because effective and efficient government pro- delegate power, let power be held at she said there were certain programs gram. And if you are a conservative the State and local levels. the government did that she liked. I who wants limited government in some We can see the unhealthiness of the said, ‘‘Ma’am, you have missed the way, then fine, you can do that as well. growing role of the Federal Govern- very point I and the Founding Fathers You both get what you want if fed- ment fairly easy in numbers, and I’m were taking.’’ The Founding Fathers eralism and the 10th Amendment are going to quote a couple of numbers for said you don’t have to have all these respected here in Washington as true you. programs. What they said is not every principles as the way we govern our- Since 1995 alone, the Federal Govern- program has to be designed and admin- selves and how we conduct ourselves in ment has issued nearly 60,000 new rules istered and funded through Wash- the future. governing everything from the size of ington; that those programs are oppor- That is, indeed, the goal of what the holes in Swiss cheese to what col- tunities and can be done equally as should be here: the goal of the impor- ors are allowed for surgical stitches. well being done by a State and local tance. That’s the importance of the Federal spending surpassed a hundred government as they are here. 10th Amendment. It should allow peo- billion dollars only in 1962 for the first Through all my life, my party has ple to get what they want, which is time. That was a huge amount of talked about trying to reduce the size better government, more efficient gov- money in 1962. And back then, people and scope of government. I think as the ernment, better and more efficient pro- were saying a million here, a million gentleman from Texas (Mr. grams. there, and pretty soon you’re talking NEUGEBAUER) pointed out, that the def- I recognize that we have a couple of about real money. In 2010, the Federal icit we had in 1962 was $100 million dol- others who have joined us here. spending will surpass $3.5 trillion. lars, our deficit today should be some- I am appreciative that the gentlelady I think there are very few people in where around $3.5 trillion. Obviously from North Carolina, Representative the country who really believe that the we have failed somewhere. In the his- FOXX, is here. I’d like to yield her as best way to do things is to have them tory of this country over the last half much time as she may wish to consume done by the Federal Government. I’m a century, both Republicans and Demo- on this topic as well. very, very strong 10th Amendment per- crats, the growth of government in Ms. FOXX. Well, I thank Mr. BISHOP, son, as are my colleagues here, and I’m Washington has continued. The best the gentleman from Utah, for being in really pleased to be a part of the 10th thing I can say is one party has had a charge of this Special Order tonight Amendment Task Force. And perhaps slower growth pattern than the other and bringing to the American people my colleagues went over these earlier, party, but that’s about the best you what I think is one of the most critical but I’m going to mention them very can say, because growth has happened. issues facing us in this country, and quickly, what our mission is and what It is almost as if leaders in Wash- that is the issue of federalism and the our goals are. ington, regardless of party, are unable need for us to adhere to the 10th Our mission is to disperse power from to stop the size and the expansion and Amendment of the Constitution of the Washington and restore the constitu- the growth of the Federal Government. United States. tional balance of power through lib- The reality is that our current sys- Too few people really understand the erty-enhancing federalism. And we tem is basically rigged in favorite of role of the Federal Government in our have five goals: government growth. The incentives, country. We’ve gotten away from the Educate Congress and the public the bureaucracy, power structure, in- teaching of the Constitution. We’ve about federalism. You might wonder stitutions of Washington, have all gotten away from the teaching of the why Congress needs to be educated, but evolved to help the Federal Govern- role of government in our country. many Members of Congress really don’t ment to acquire more power and influ- People have this notion that they have understand the concept of federalism; ence, not less. What we need to do is this right and that right, and if you Number two, develop proposals to look at the change in approach, and press them to tell you whether they’ve disperse power to regional entities, that’s what the Founding Fathers were read the Constitution or not, most of States, local governments, private in- talking about. Not our goal but our ap- them will tell you they have not. And stitutions, community groups, fami- proach. What the Founding Fathers they really do not understand, again, lies, and individuals; were talking about is not simply cut- what the roles of our respective gov- Three, elevate federalism as a core ting government, it was dispersing governments are. Republican focus; ernment, so different levels of govern- In the last week, while we had a lit- Four, monitor threats to the 10th ment could do different kinds of pro- tle bit of time away from Washington Amendment principles; and grams and not everything has to come and I managed to squeeze out some Five, help build and foster a fed- through Washington. quiet time, I had the chance to read a eralist constituency. Joseph Ellis book called ‘‘American So we know what it is we need to be b 1930 Creation,’’ which talks about the tri- doing. We have worked as a Constitu- That’s one of the things we’re talk- umphs and the tragedies of the begin- tional Caucus in the past to do our best ing about with the 10th Amendment ning of our country. And it’s really im- to educate people, but focusing, I Caucus is how can we find ways to dis- portant that we understand that there think, on the 10th Amendment is very, perse government programs back to were a lot of conflicts that came about very important. And again, I’m very local governments where they can be in the founding of the United States. It pleased to be a part of this. done more creatively, more efficiently, wasn’t as smooth a thing as many of us Let me say some more about fed- and understanding local circumstances, think that it was. But one thing that eralism.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4236 CONGRESSIONAL RECORD — HOUSE June 8, 2010 The term is foreign to many people, doing those things that we should be grams are run because they can do it but most Americans care about the doing as well as we should be doing. much more effectively and much more things that federalism brings without So, again, I want to thank my col- efficiently. even knowing it. Federalism brings league from Utah for being in charge of I have a few minutes remaining, Mr. choice, options, flexibility, and free- this Special Order tonight and giving Speaker, and I would like to yield dom. Federalism is not a concept of ei- us a chance to do all that we can to those few minutes to another great leg- ther the right or the left. It is neither educate others. islator from the State of Texas, which a Republican nor a Democrat idea. De- I’m VIRGINIA FOXX from the Fifth is blessed by a lot of good legislators centralization and community em- District of North Carolina, and if you’d we have here in Congress, and Mr. powerment can be a worthy goal of like more information about this issue, GOHMERT would like to talk for a few both the left and the right. Both sides please go to my Web site or contact me minutes about Article V of the Con- have something to gain under a fed- and I’ll be more than happy to share stitution. I would like to yield time to eralist revival. information about this, because, as Jef- him to accomplish that. And this is not yesterday’s States ferson said, the price of freedom is Mr. GOHMERT. As kind of a supple- rights arguments. It’s much bigger eternal vigilance, and we must help mental discussion from my friend from than that. This is about better govern- educate our fellow Americans on this Utah—and I would love to have had one ance. This is about adjusting modern issue if we want to maintain the won- of the gentleman’s classes in Utah. We politics to modern life. This is about derful country that we have. would love to have had you teach in breaking up big, inefficient, unrespon- And with that, I’ll yield to the gen- Texas. You are such a good teacher. sive government and returning power tleman from Utah, Mr. BISHOP. Supplementing the teaching that to the people. Mr. BISHOP of Utah. I thank the you’ve already provided, I’d just like to As my colleague was using some il- gentlelady from North Carolina for take people, Mr. Speaker, to Article V lustrations a little bit ago about edu- coming down here and helping assist of the Constitution. It’s a great docu- cation, as one who was involved with with this. She did a wonderful job in ment. I want to encourage people to education a great deal before coming trying to put everything in some kind read that, as my friends have already to Congress, I wholly subscribe to the of perspective. mentioned. concepts which he presented. I think what we’ve talked about to- Some have said you would never Let me give a couple of other things night is an effort to try and ensure want to have an amendment conven- about federalism, and then I’m going to that what the Founding Fathers did tion because it might be full of people turn it back to my colleague from Utah when they wrote the 10th Amendment who would come up with crazy amend- or to my colleague from Texas, both of in the First Congress, when that was ments that would destroy the country, whom who are extremely eloquent on part of the Bill of Rights, and indeed and so you would never want to do this issue. what they did in Philadelphia is they that. Some have said these guys that In a nutshell, federalism is the best structured government the way it was. wrote the Constitution did such a per- system, because it brings government It had a purpose—separating power fect job, we should never allow an closer to the people. It nurtures civic horizontally between the branches of Amendment Constitution provided virtue. It protects liberty. It takes ad- government and, equally important, under Article V because that might vantage of local information. It stimu- separating vertically between the na- mess it up. lates policy innovation, and it allevi- tional and States—had a specific pur- b 1945 ates political tensions. pose, and it was to ensure that there In other words, federalism was the would always be a balance so that not But then on the other hand, if these Founders’ original formula for freedom one entity had too much power to use guys did such a perfect job on the Con- and good government. It’s time to rein- that to abuse people. stitution, then they must have put Ar- vigorate this freedom-enhancing prin- Making sure there is a balance is the ticle V in here for a reason. ciple of government. key element to protecting individual Article V simply says, ‘‘The Con- Again, I know very few people who rights and individual liberty. By allow- gress, whenever two-thirds of both believe that we should go to the Fed- ing States to have a primary function, Houses shall deem it necessary, shall eral Government to solve all of our we become more creative. We have dif- propose amendments to this Constitu- problems. We should first solve the fering ideas, which means if people tion, or, on the application of the legis- problems that government needs to really want choices and options and a latures of two-thirds of the several solve at the local level, then at the way of making sure that government is States, shall call a convention for pro- State level, and as a last resort, go to efficient and government is what they posing amendments, which, in either the Federal Government. Unfortu- want in their particular area, you must case, shall be valid to all intents and nately, too many people think of the empower State and local government purposes, as part of this Constitution, Federal Government first, and that to do that; which means you have to when ratified by the legislatures of complicates our lives. take away the power and the authority three-fourths of the several States, or We have a huge deficit and a huge of the programs from Washington— by conventions in three-fourths there- debt right now because too many peo- which, by its very nature, can only of, as the one or the other mode of rati- ple have looked to the Federal Govern- come up with a one-size-fits-all sys- fication may be proposed by the Con- ment to solve problems that could have tem—and disperse that power, author- gress.’’ been solved at the local and State lev- ity, and programs back down to State Now, some have said, well, if you al- els for much less money and in a much and local governments where people, lowed the second part, the part that more efficient way. I’ll just give one once again, can have greater impact, has never been utilized in the whole example. greater input, and those programs can history of the United States, it would The problem that we’re having in the be done to meet the needs of our par- be destructive to the country. My point gulf right now, that is a problem that ticular area. is, if we don’t do something radical— does need to be solved by the Federal This is a great country because of and I’m not talking violence, that’s Government. But is the Federal Gov- our size and diversity. But it also completely unnecessary—but some- ernment prepared to do that? No. Why? means if you want to have a govern- thing radical from a congressional Because the Federal Government’s in- ment program that helps people and is standpoint, from a national standpoint, volved with way too many other not simply to blindly put a standard, we see where this is all going. things. The Federal Government as Nelson Rockefeller said, by the deaf- Just as my friends have been talking should be looking after national secu- ening hands of bureaucrats, then you about, the excesses and the abuses are rity, I think national parks, our inter- need to make sure that we empower bringing this country to an incredible state highways, maybe the Federal State and local governments so they do cliff. You know, we just read that Aviation Administration. But we’re those programs. General welfare means China has now bought enough that it is doing too much or attempting to do that State and local governments get a approaching $1 trillion that it owns of too much at the Federal level and not greater role in how government pro- the United States’ debt. Well, that

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4237 makes it a little tougher, doesn’t it, to that of course as a constitutional pay off my buddies on Wall Street and use leverage against China when we amendment and it passed. I’ll get everything going good, and you owe them that much money. Growing So maybe the States need to start know, basically inferring that—and I up, I had Sunday school lessons about that gathering storm, and we could get think he legitimately believed, if all the Bible teaching whoever you borrow Congress to do what it needs and, that the people that he had worked with and money from becomes your master, and is, give the States some power like knew so well on Wall Street main- we’ve done that because we can’t con- they originally had. tained their wealth, continued to get trol the spending. I appreciate so much my friend from rich or richer, didn’t go bankrupt, then So we need something that is a little Utah yielding. it surely would be good for the rest of out of the ordinary to bring this thing f America. in, and what better method than the Little did he know that that was not JOBS one that the constitutional founders, the case. We bailed out folks, and you the drafters, put in there, approved, The SPEAKER pro tempore. Under know, it’s interesting. It also said and the States ratified, and that is to the Speaker’s announced policy of Jan- something about the morality in Amer- say, you know what, it’s time for an uary 6, 2009, the gentleman from Texas ica because there was a time in Amer- amendment convention. (Mr. GOHMERT) is recognized for 60 min- ica if you got greedy, a little hasty, We have usurped so much power from utes. and drove your cart off in a ditch and the States—and this latest health care Mr. GOHMERT. Mr. Speaker, inter- your neighbors helped you get your debacle, the health care deform bill esting news came out Friday about cart out of that ditch, then you felt a that was passed and signed into law jobs. There was a good Wall Street little guilty. It was a moral thing. You now, has the potential to bankrupt Journal article June 4. It talked about had a conscience and you felt guilty be- States that were having a hard enough this wonderful news that we heard cause your neighbors helped you get time as it is. from Washington that last month the your cart out of the ditch, and they did Well, those States have power under job total increased by 431,000. That is not contribute at all in you getting it our Constitution, and as we know, up fantastic news, just wonderful. But there. It was your own negligence, your until the 17th amendment, when those there’s a little problem in it. The U.S. own greed. in Washington—and this was appar- Department of Labor released statis- And so nowadays we’ve gotten to the ently pushed by Woodrow Wilson. He tics saying, yes, there were 431,000 jobs point where AIG, Goldman Sachs, Wall liked the idea of the Federal Govern- created last month and that’s fantastic Street, some of them at least—they let ment running everything, and he would and all, but unfortunately, 411,000 of Lehman Brothers go because they were have been really proud of the health them were temporary census worker a competitor of Goldman Sachs—but care bill because it was all about the jobs. Well, it’s just hard to feel really anyway, they got greedy, extremely GRE, the government running every- good about the economy when out of greedy, careless, and ran their cart thing. 431,000 new jobs, according to the U.S. into a ditch, and there was no way they So this 17th amendment was an effec- Department of Labor last month, were going to get out. They should tive way of taking away any check or 411,000 of them were government jobs. have been forced to go into bankruptcy balances that the States were provided Not just government, temporary gov- and reorganize like every other entity under the Constitution because, under ernment jobs. but they didn’t. America, most of us didn’t like the the Constitution, the State legislatures I’ve talked to some census workers. idea. We didn’t support it. We were to- selected the U.S. Senators. Most stu- We had a job fair in my district in Mar- tally against it, but nonetheless we dents were never taught that. But the shall, Texas, at the East Texas Baptist were forced to get Goldman Sachs’ cart founders felt like there had to be a way University. They’re very cooperative out of the ditch. And what has hap- that the Federal Government could be and helpful. We had one previously at pened since? Well, they’ve gotten in prevented from just usurping all the Laterno University. Texas Workforce their cart, motorized it, and run over power from the States and the people Commission does such a great job. the rest of us. as the tenth amendment talks about, We’ve partnered together with them So that didn’t work out so well, and and this would be it, because you would and Laterno and Longview and many in January of 2009, when we heard that never send a Senator up here from your other partners to have a job fair pre- Timothy Geithner was going to be ap- State, if you’re a State legislature, if viously. We’ve had one in Lufkin, pointed to be Secretary of the Treas- he’s going to add unfunded mandates to partnered with Angelina College and ury, well, what we heard from folks your responsibilities in the States and the Texas Workforce Commission, and down the other end of the hall was, take away your power at the same this one was in Marshall. well, we need to confirm him as Treas- time. There were Senators that were On one hand, anytime you throw a ury Secretary because he worked with recalled. party and a lot of people show up, Paulson on the plan. To my way of So, from the day after the health you’re thrilled; this worked out great. thinking, this meant this guy should care bill was passed here in the House, But on a very human basis, you know not get near the Treasury Department, I’ve been talking about an Article V that every one of the people that come but that’s not what happened. amendment convention that would seeking jobs have broken hearts. Most So we’ve continued to have the Fed- allow the States to come together and of them have families who need them eral Government continue to take over propose amendments. Now, there’s dif- to get jobs. So many of them, you more and more authority, usurp more ference of opinion. I had a wonderful know, long-time employees somewhere, of individuals’ moneys, their credit, conversation with former Attorney and we have not done them any favors the potential capital out there to cre- General Ed Meese about this. He has by the work that’s been done here in ate private jobs, just sucked it up in some good ideas as well. Congress going back to failing to re- Washington, and in the meantime, the But we have got to do something. form Fannie Mae and Freddie Mac Federal Reserve apparently is printing And I am not in favor of repealing the which really put us to the brink of eco- lots of money. And so we’re just doing 17th amendment, have never been in nomic collapse. Complete failure to do all kinds of good things, and it is con- favor of repealing the 17th amendment, that, to reform them. tinuing to drive us toward a cliff. but there are some wonderful ways of Then in September, October of 2008, And for anybody to stand up and try reining in the Federal Government, as a potential meltdown began, many to make it sound like great news, maybe giving the States the right to people don’t know but there were more 431,000 new jobs last month, that’s the veto legislation. So, there are a num- homes sold in September of 2008 than most in a number of years, it’s fan- ber of things, and as we saw back when in any month in the last 5 years before tastic, it’s great, and not realize or not the States were gathering momentum that. But of course, once the Secretary be forthcoming enough to point out to have an amendment convention, of Treasury went out and said unless that nearly all those jobs, the vast ma- Congress got scared that that would Congress gives me $700 billion, there’s jority of them, were temporary census really happen so they rushed in and going to be a total meltdown, but give jobs is just not right, and it’s not doing voted to repeal prohibition, proposed me $700 billion in a slush fund and I’ll right by America.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4238 CONGRESSIONAL RECORD — HOUSE June 8, 2010 So in this article, The Wall Street Mr. GOHMERT. I really appreciate chicken little brigade, that the finan- Journal points out some of the prob- that point. Of course, it’s the problem cial sky was falling and scared Amer- lems. This says, because the temporary we have right now. When the Federal ica. When you go out and the President workforce is more productive, the bu- Government is moving toward a 1.3 to and Secretary of the Treasury are say- reau is closing some offices earlier $1.6 trillion deficit in 1 year, they are ing that if they don’t pass this par- than planned. So it goes on to talk sucking the capital from every corner ticular bill, whatever, it wouldn’t mat- about the Census Bureau. Really trag- of the world, printing some, and there ter—if they don’t pass this bill on Mon- ic. That’s the best we’ve got. That’s the is not money for the private sector. We day in the House, then the market is best we can offer to America. have had meetings with the Federal going to crash a lot worse than 1929. I yield to my friend from Utah. Reserve people, including Chairman It’s a self-fulfilling prophecy. It fell Mr. BISHOP of Utah. I appreciate the Bernanke. We have had meetings with 777 points; people panicked. Many Re- gentleman from Texas broaching this people in the OCC, Office of the Comp- publicans got talked into voting for the particular issue. Some people have troller of the Currency, and from the bill and joining most of the Democrats asked me what is the Federal Govern- FDIC. that voted for the TARP bailout bill. It ment going to do about jobs. It’s very In the last couple of years we have should have been ended long ago; it was clear the Federal Government has two had a number of meetings, and what we a big mistake. options. One is you can actually create hear from people who are trying to bor- But, boy, everybody needs to feel Federal jobs and fund them and run row money to stay in business, people good, though. Goldman Sachs had their them and hire people for them, and the that have had lines of credit at their biggest profit year in their history last second is the Federal Government can local bank for 20 years are now being year. So their jobs are secure; they are create an environment that encourages told we are not going to continue your doing good. the private sector to create jobs. line of credit. And when they asked, But for the rest of America, there is Indeed, at the beginning of the Great have I ever been late, have I missed a a problem with capital; there is a prob- Depression in the 1930s, one of the payment, what is the problem? lem with too little regulation over the problems that the country had was Well, our banking regulators have investment banks, no reform over there were a great many people that told us that they are going to, you Fannie Mae and Freddie Mac, none. It had money that did not invest that know, be all over our bank and we is not even in this so-called financial money. They sat on the money because can’t handle the pressure if we keep reform that’s really a financial deform they were watching what the govern- loaning you money, extending your bill, because it has a systemic risk ment would do and had a great deal of line of credit. council that allowed the Federal Gov- anxiety as to what the government We broached that subject with Chair- ernment, in complete abrogation of would do, would it attack business or man Bernanke, that some of the regu- what my friends were talking about in would it build a climate that was fa- lators are requiring more capital and the prior hour about the 10th Amend- vorable to business. more money in reserve than is required ment, and the power reserved of the In some respects, I think we have under the law, and they are putting States and people, just a complete ig- that same situation today where there pressure on the bank not to make loans noring of all of that. They are going to are people out there with money that that they made for years, and it’s loans pick and choose winners and losers. could invest and expand the economy that make banks most of their money. Your company is too big too fail; we but, indeed, are waiting and watching If you don’t allow them to loan money, will never let it fail. So that means to see what the policies of this country then they are not going to make they can run in the red; they can run will be with some level of anxiety as to their competition out of business. They what that policy actually would be. money, and they are going to go under. If I can try and put this on a very Then heaven help us, the FDIC insur- will be the last business standing in personal level, I’m doing a history of ance account will be hit more, and we that particular area because our sys- my family and my father. My father, will have to bail out more banks and temic risk council from Washington, who was older when I was born, went 2 what-not, all because we had some silly their lofty Mount Zion realm, said we years at the depths of the Depression regulators who were concerned that a picked this one to be the systemic risk. without a permanent job. bank they were supervising might The government was never supposed some day go under and it might look to have that kind of power. This coun- b 2000 bad for their career advancement, and try never got to be the greatest coun- I have sometimes wondered what it so they put too much heat on a local try in the history of the world by hav- would be like to be in that situation. bank. ing Washington pick and choose win- Indeed, in the depths of the Depression, Now, there is greed, there is avarice ners and losers, and that’s what that fi- he was finally bailed out by collecting that has gone on in some places; but nancial deform bill does, and I hope a job that was actually a government most of that was in the investment that it doesn’t come with many of the job. He got one of the New Deal-era banks, not in the local community provisions that are in there now, but it jobs. banks, which were doing okay until looks like that’s what is going to hap- As much as he was grateful for that, ‘‘Chicken Little’’ Paulson started run- pen. he always warned me to be wary of ning around screaming the financial But, anyway, we’re sucking the cap- those types of jobs created by the gov- sky was falling. And the next month ital out, we are preventing the private ernment, for he told me that a govern- we went from selling more homes than sector from creating the jobs. And then ment that could create the job to give any time in 5 years to selling no they saw this health care bill, they saw to you is also a government that can homes. We went from people buying it passed. create and defund the job and take it cars to people not buying any cars, and As our Speaker pointed out, we had away. Indeed, that is exactly what hap- it put us in a terrible funk. to pass the bill so we could find out pened to him a few years later. The It was all because this so-called fi- what’s in it. Some of us actually read government decided to change courses, nancial genius that was chairman, and most of it, so we had a good idea what and that job was no longer there. his protege is now running Treasury was coming and that’s why we fought I thought it was very wise of him to now, wasn’t smart enough or educated so hard against it. recognize that those distinct possibili- enough in the ways of the world that There are going to be more jobs lost. ties were there and the Federal Gov- when you go out and say we are going There have already been jobs lost be- ernment has two things we can do: one to have a depression, banks are going cause of that bill. There’s going to be is create jobs, which is temporary at to fail one after another. When you cre- more jobs lost. best; or one is create climate and an ate panic yourself, it is a self-fulfilling When I hear people who didn’t read atmosphere that expands the private prophecy. the bill and didn’t know what all it did, sector. I think I would at least argue at That’s why, when they went out, and but they just took the word of people this point that that would be the he talked, bless his heart, he talked pushing it, they really believed when wisest approach for this government to President Bush into going out and join- they said here on the floor, it’s going take. ing ranks with him and getting on the to help the working poor. It’s going to

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4239 help those hardworking folks that find her brain tumor. Our local doctor, But these Census jobs, as this head- don’t have enough money. If you read one of the local doctors where I grew line in The Wall Street Journal says, the bill, you find out that actually if up, had told my dad that if she gets Census jobs end all too soon, and they you don’t make enough money to buy much worse you may just end up need- will, and it’s going to be tough when as good a policy as the government is ing to commit her. Well, it was very they do, 411,000 temporary workers mandating, we know you are working tough for a woman as brilliant as my hired last month by the Census. We are poor, we know you are struggling. late mother to think that she was going in the wrong direction. If you had the money, you would buy going crazy. But that’s what the local b 2015 better health insurance. But since you doctor thought because he was a gen- This is not a good thing. We are don’t, we are going to pop you with an- eral practitioner; he didn’t have the ex- doing more damage. And even before other additional income tax. We are pertise of terrific experts. going to add a couple of percent to But after 5 or 6 days of testing, they Republicans lost the majority in 2006, your income tax. Merry Christmas. found she had a little brain tumor. She there were so many of us that were You don’t have enough money to buy wasn’t going crazy; she had a little pleading, Look, we’re in a hole. It’s the insurance, we tell you, bless your brain tumor that was causing her prob- time to stop digging. And in November of 2006, because Republicans had the heart, you are working poor, you are lems. Because they found it when they audacity to run up a $100 billion, $200 going to be poorer because of this did, we got to keep my mother for 15 billion deficit in 1 year, it was out- health care bill. more years. During the job fair last week, I was So I would kind of have hated for my rageous, and Democrats rightfully won talking to an employer who was say- mother to have had one test, like the majority because Republicans had ing, you know, we have got a number that’s some kind of good news. That not been as conscientious about making sure we didn’t run this government of jobs that are entry level so they are means she may well have been com- into a ditch ourselves. And with the making minimum wage, but it’s a good mitted to an insane asylum on the rec- promise that their majority would see entry-level place and we provide some ommendation of a general practitioner. good health insurance. So it’s min- But if you look at what the health there were no more deficits, we would imum wage, but we provide them care bill does, it pushes people more get this country on track, we would health insurance. It’s a great place for and more to general practitioners and stop the craziness that the Republicans had in this deficit spending, we now somebody young just starting out, get thank God for them. Some of my clos- find this year a projection of a $1.3 to their foot in the door, get experience est friends are general practitioners. $1.6 trillion deficit in 1 year. It’s just and be able to advance up from there. They do an incredible job. They have to hard to get my mind around—not that Well, guess what, under the health know so much about so many different I have much of a mind to get around care bill that was passed and signed areas of medicine. Then they are able anything, but that is such an extraor- into law this spring, he can’t do that to figure out, ah, you have got that dinary amount of money to be in the for people that make 133 percent or less problem, let’s get you over to the spe- of the poverty level. So those people hole in 1 year. cialist. Then the specialist can home in who would go take that job because I read an article somewhere where for their whole career on a specific even though it’s minimum wage, pro- around the world people are starting to problem. Under this health care bill, vides health insurance, bad news. say, Well, one thing we know for sure, that’s not going to be the case. Under the bill, they are going to have since the United States is willing to But I got off on this from the job sit- run up over a $1 trillion deficit in 1 to go on to Medicaid, not Medicare, but uation. Well, you don’t have to worry Medicaid. year, then clearly they’re not serious about your health care; we are going to Now, some States have increased about paying their debts. Well, some fix it to where we cut $500 billion out of some of the reimbursement rates under people can’t remember what happens Medicaid. Well, that’s coming to an Medicare. You don’t think that’s going when a government spends so much end real quick because of all the addi- to help pay or that’s going to be funded money that it doesn’t have that no one tional unfunded mandates on the partially by what the President prom- will loan them money again. And we’ve States that’s going to add billions to ised? In the past, you go to the doctor also forgotten a lesson from history of what they have to come up with. They and get five tests and now you go and what happens if you try to print your are not going to be able to do that. get one test. Okay. way out of debt by printing money. We already saw there was polling, Then how about the $500 billion in Germany tried that, and it just created New England Journal of Medicine and new taxes? Well, I have talked to em- such runaway inflation—remember the others, doctor polling that indicates 35 ployers. Last week, we were not in ses- cartoons, the wheelbarrow full of percent, some as much as 55 percent of sion. I talked to employers that say, money to go buy a loaf of bread? Well, the current physicians, when this kicks there is so much being stacked on top we’re printing money at record rates. into law, will retire and quit practicing of my head, and I can’t get my line of We are running a deficit at never even medicine. Oh, well, that’s great, that’s credit extended. You know, there is no comprehended rates. really going to be good for the working sense in me continuing this. This is For those who can remember, basi- poor and how about the President’s nuts. I am not hiring. cally, the Soviet leader had to stand up own words when he said on the day be- Then because of the provision in the and say—this was basically the es- fore the bill passed here, his own bill, in the health care bill, which sence—We can’t borrow enough money words: where as in the past you went to starts popping a tax above a certain anymore to stay in business. We can’t the doctor and you got five tests, now level of employees, lots of employers print enough money to stay in busi- you will go to the doctor and you will that I have talked to are going to start ness. We’re out of business. States are get one test. Well, wasn’t that good making sure they don’t go over that. each on their own now. news? They could use more people, but they Well, there are some in this country Some of us know that’s not a good are not going to go over the limit be- that think that might be a good idea. idea. In some cases, there are tests cause they don’t want to start paying But this Nation got to be the greatest that are given, purely from doctors that $2,000 per employee tax that you in history because we were together as practicing defensive medicine because get popped with once you have too a Nation, all 50 States, fussing and dis- of lawsuits that are threatened and many employees. agreeing among ourselves as family, that they worry about. But on the You know, and it—I just wonder, do but never before in history have we other hand, there are doctors who con- we not notice what kinds of incentives come so close to voluntarily going over duct tests because they know there is we are putting in place? We are putting a cliff. I mean, World War II, record something there. They know there is incentives in place to hire fewer peo- amounts of money were being spent. something there. And one test doesn’t ple. We are eliminating capital, mak- We were fighting for our very lives, for show up, well, let’s try this, because I ing it, that would have made it easier liberty and for freedom. know there’s something there. for the private sector to hire people Some don’t remember. There were That’s what was the case with my than for Congress and for the Federal Germans that came ashore. One Amer- mother in 1976. It took them 6 days to Government. ican citizen was with them, and of

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4240 CONGRESSIONAL RECORD — HOUSE June 8, 2010 course they were captured. They were succeed in this political building no many rockets flying into Israel and going to commit war crimes here in the better than the builders of Babel. We you find out the mentality apparently United States. They were captured, shall be confounded by our local partial for so many Israelis has been, Look, we tried—by military commission, by the interests, and we, ourselves, shall be- just want to be left alone. We just want way—but under the rules of law, you come a byword down through the ages. to be left alone. We will give you land, can hang on to them as long as there’s He went on. But you can find that unilaterally give it away, not demand, a war going on. That’s a whole other whole speech, you can find all that ma- just please leave us alone. issue, but it’s a way in which we’re not terial. You can find the lessons that I was reminded of the routine Bill learning from history. We’re thinking have been learned through history. Cosby talked about where—and I think that when people are at war with you, If you don’t have a Bible and you out of the first six albums I ever had, you can treat them better than our wonder what was the most quoted book three of them were Bill Cosby. He had own soldiers are being treated in courts here in the House of Representatives a way of taking life and helping you to martial, give them more rights than for the first 100-plus years of our his- look at yourself and laugh. But he our own soldiers have. tory, it may have been 150 years, the talked about as a parent, the youngest It’s because people don’t understand most quoted book here on the House one screaming and hollering, and he the Constitution. They don’t under- floor was the Bible. I have one right said, Hey, stop. And the little girl stand the Constitution embraces the here, the most quoted book in the screams, Well, I want this. And the congressionally passed Uniform Code of House of Representatives for most of other kids saying, It’s ours. It’s ours. Military Justice that embraces, as the its history. If you wanted a bill to be And he says, I don’t care. Let her have Supreme Court pronounced, the Mili- passed, then you better find some wis- it. You’ve got to stop the screaming. tary Commission Act of 2006, as amend- dom in Scripture and share it with peo- She’s got a lot of my stuff, too. Just let ed last year. Of course, the amendment ple so they understand. her have it so she will quit screaming. mainly required us to quit calling them Well, we had something last week. It And I thought about Bill Cosby’s ‘‘enemy combatants’’ and now, under was called by some a ‘‘peace flotilla,’’ comment because I get that impres- the new law last year, we call them but it was quite clear that there was a sion, you know, the Israelis were so ‘‘unprivileged alien enemy belliger- lot more to it than that, that this was tired of the death and the suicide ents,’’ not ‘‘combatants.’’ a contrived plan. This was an effort to bombs and rockets and grenades, they We’re not learning the lessons of his- embarrass Israel, because the pro- said, Look, we’ll just give you land if tory. And when nations fail to do that, ponents knew that Israel would have to you will leave us alone. Let us live in it becomes clear, eventually, that they defend itself, there was no question peace. are well on their way to the dustbin of about that. They have been hit with so So I understand better the mentality history. We don’t have to do that. This many thousands of rockets from the that says, Here, we will unilaterally country could last 200 more years, 400 Gaza Strip, they had to eventually de- give away land that actually makes it more years, but we have to learn the fend themselves. And lest we forget, harder for us to protect ourselves, be- lessons and the mistakes of the past the Gaza Strip was controlled as part cause they’re thinking that that will and grow and learn from them. We of Israel until Israel’s leaders thought, bring about acts of kindness on the haven’t done that. You know what? It’s not part of any other side, not realizing when you’re We are not going to see private sec- treaty. It’s not part of any demand, but dealing with people who, because of re- tor jobs created as long as the Federal what if we gave the Gaza Strip to the ligious zealotry, have made clear that Government is sucking up all the Palestinians? What if we just gave that they want to see your nation wiped money, sucking up all the capital. unilaterally, not asking anything in re- completely off the map, they’re not There’s not much left to loan. And the turn? I mean, what an incredible show really going to get all touchy-feely private sector can do so much more of good faith that would be. That would over some gift that you make. That’s creating jobs than the Federal Govern- surely provoke our adversaries into re- what has happened with Gaza. They ment does because obviously—you alizing we do want peace, so let’s give acted out of such wonderful intentions, know, the Federal Government itself is away the Gaza Strip. Let’s give this land to the Palestinians. a giant Ponzi scheme. You know, add- Now, they hadn’t learned a whole lot And after you’ve seen what was ing 411,000 workers in 1 month, you from the fact that you could give away there—there were greenhouses. There can’t keep doing that and still pay for a part of what was part of Israel at the were ways that people could make a it. The Ponzi scheme known as the So- time, controlled by Israel, give that to living there, and there were ways that viet Union went out of business. That’s southern Lebanon and they will know people could produce their own food what will happen to us as well. that we are really interested in peace there. Instead, once they gave the land So, anyway, one of the things that we and things should really go well, conaway, the greenhouses were destroyed. have failed to learn from history—I tinuing not to get the message that So many were plundered, just acts of wanted to talk about jobs a little bit every time it seems that Israel gives violence. Well, it was the Israelis, so and then spend the remaining time away land, even going back to its early destroy it. These were ways they could talking about another area in which inception centuries and centuries and have lived and eaten and made a good people just don’t seem to be learning centuries before there was Muhammad, living, and they destroyed it. here in Washington from history. It’s there was Islam, Israel, if they gave not hard to find. It’s more accessible away land, it was normally used as a b 2030 than it has ever been in the history of staging area later to attack them be- So, hopefully, people in Israel are be- mankind. We’ve got the Internet. You cause they had given away something ginning to understand you’ve got to de- can find all kinds of credible informa- that was under their control. fend yourself and that acts of peaceful- tion. You want to go back and read And I wondered about the men- ness are not going to be met with acts John Quincy Adams’ incredible closing tality—do you guys not get it? You of peace in response. They are going to arguments that went on for over 2 days give away land. You get attacked from be met with flotillas, with Kazan rock- in the Amistad case? You can get it. it every time you seem to give it ets, and with death in your own coun- You want to read Ben Franklin’s entire away—until I made a couple of trips try. speech before the Constitutional Con- over and you begin to realize the men- Because the idea is not to get a strip vention, 1787, where he said, If a spar- tality: after years and years of suicide of land here at Gaza; it is not to get a row cannot fall to the ground without bombs, family members just having strip of land here in the northern part His notice, is it possible an empire can coffee at this restaurant, alive one of Israel; it is not to get the Golan rise without His—the Lord’s—aid? He minute, laughing with kids, with their Heights. You know, it is not to get the said, We are told in the sacred writing children, dead the next minute; a sui- West Bank and to enlarge that. No, not that unless the Lord build the house, cide bomber walking down into an area at all. It is to wipe Israel off the map. they labor in vain that build it. And he of school children so he can blow him- It’s interesting how and it grieves me said, I also firmly believe that without self up and kill children; when you see much, actually, to know that there are His—God’s—concurring aid, we shall and you understand there have been so well-educated people who have gone

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4241 through life thinking that the Israelis, and so I’m going to tell you you’re This is what is being done to Israel the Jewish people, had no history prior tempted to move here. If do you that, after thousands and thousands and to the Palestinians in that area, that I’m going to move here, here, and here, thousands of rockets have been their history was more in Germany and and it will be checkmate.’’ You can’t launched from the Gaza Strip into in Poland and in America. America do that. That lesson should have been Israel, killing Israelis, maiming chil- didn’t even have any idea that Israel learned repeatedly, and it was not. dren. I mean, Israel couldn’t let that go existed, other than the Native Ameri- Isaiah foretold to Hezekiah, con- on. cans. tinuing on in verse 16: So, sure, we’ll let the humanitarian A tragic thing happened here just re- Hear the word of the Lord: Behold, aid through. They made that clear. But cently. For the first time in United the days are coming when all that is in they made clear back as early as May States history, the United States de- your house and that all that your fa- 25 that they were not going to allow cided to ignore thousands of years of thers have laid up in store to this day anybody to breach the naval blockade. lessons and to demand, with Israel’s shall be carried to Babylon. Nothing So, apparently, the nations that enemies, that they let the world know shall be left, says the Lord. Israel warned did not take it to heart. I don’t care whose history it is. If you exactly what weaponry they have, In fact, one flotilla participant said on fail to learn from history, you’re ask- what nuclear weaponry they have. Let May 28 that this mission is not about ing for disaster. To borrow a line from everybody know exactly what you’ve delivering humanitarian supplies; it’s Proverbs, which was later the title of a got. It was well-intentioned, I’m sure, about breaking Israel’s siege on 1.5 mil- movie: You’re going to inherit the lion Palestinians, and that’s the truth. on the part of this administration, but wind. By the way, en route, the Arab news what a disastrous mistake. You can’t do that. This great country channel Al Jazeera exalted jihadist I thought about Hezekiah, King of of ours can’t now turn on Israel and de- Israel, long before the days of Moham- mand of Israel to make the disastrous, martyrdom and sang Palestinian mad, when Israel was a nation in the disastrous mistake that Hezekiah did. intifada songs. On May 29, Hamas con- land where they now are. King Sure, we’ll bring you in. We’ll show sents to broadcast on its state-con- Hezekiah was the son of Ahaz. you everything we’ve got. We’re de- trolled television in Gaza an interview For a little history, Ahaz, as King of manding that now, with Israel’s en- with a leading Gaza professor, calling Israel, had seen the northern kingdom emies, that they’ve got to show every- on flotilla passengers to engage in mar- make an alliance with Assyria, and it thing they’ve got to those who want to tyrdom with the people of Gaza. made a very powerful alliance in mili- see them gone. And to people like On May 30, despite repeated warnings tary. They were marching toward Jeru- Ahmadinejad who has pledged that from Israel defense forces, the six ves- salem, and it appeared there was no Israel will be wiped off the map? You’re sels continued their voyage toward the way they could be stopped. And that’s going to let them know every defense— security zone. Aboard one of the ships, when, according to scripture, God told everything that Israel has? one person told Turkish television, Isaiah to go find Ahaz at the cistern What kind of naivete is running the ‘‘We will definitely resist, and we will and tell him, I’m not going to let that place? I know it’s well-intentioned. not allow the Israelis to enter here.’’ alliance take Jerusalem. Isaiah did Just like the health care bill, it’s well- Another said, ‘‘If Israel wants to board that, and they did not take Jerusalem. intentioned; but as a result, people are this ship, it will meet strong resist- Ahaz changed his ways, and Israel was going to be put on lists like they have ance.’’ Israel’s mistake was not taking blessed centuries before there was Mo- been in England, like they have been in those quotes to heart, not taking them hammad. They were greatly blessed. Canada, and they’re going to die, wait- literally. Then his son Hezekiah came along, ing for their treatments, for their On May 31, 2010, Israeli Navy per- and things went well for much of his tests. Here we are, well-intentioned, re- sonnel warned all six flotilla ships that reign. You know, there were ups and fusing to learn the clear lessons of his- they are about to enter restricted wa- down, as any nation has. There were tory. ters. Again, Israel offers to collect hu- ups and downs in Hezekiah’s private So what did we see last week? Well, manitarian aid and have it delivered to life. actually, we can go back to May 25, the Gaza Strip by the United Nations, Following the tradition that for most 2010. Israel became aware that there but the ships again refuse to comply. of this nation’s history was a reading was a Free Gaza flotilla, so they ad- Aboard one of the ships, it is an- and quoting from the Bible as the most vised Turkey and other governments, nounced, ‘‘We are going to resist, and quoted book here on the House floor, 2 whose nationals Israel knew were going resistance will win.’’ Militants on the Kings 20:14—and I’m skipping a lot: to participate, that Israel could not ship begin yelling, ‘‘Intifada, intifada.’’ Then Isaiah, the prophet, came to allow the self-styled humanitarian Well, we know what happened from King Hezekiah and said to him, What mission to breach its defensive and there. Some don’t. Some haven’t did these men say, and from where able blockade of Gaza. watched. I mean, they’ve watched have they come to you? Hezekiah, who Now, it would be like, after 9/11, peo- mainstream America and they haven’t was king, said, They have come from a ple who would like to see this country seen the Israelis being beaten with far country, from Babylon. wiped off the map, the United States. metal pipes, they haven’t seen the Isaiah said, What have they seen in Ahmadinejad has made that clear, that Israelis being stabbed, they haven’t your house? Israel is the little Satan and that the seen Israeli soldiers shot and thrown Hezekiah answered, They have seen U.S. is the big Satan. He wants to see overboard. all that is in my house. There is noth- us gone. It would be like a group of How would we react in America if ing among my treasuries that I have peace-loving people saying, ‘‘We’re people decided to peacefully overwhelm not shown them. coming onto an airplane, and we’re not security at our airports, to get on air- You know, Isaiah knew that was ab- going to let you check us. We’re not planes for benevolent causes, who then solutely stupid to bring in people who going to go through your metal detec- stabbed or beat security agents at our would like to see his country destroyed tors. We’re coming, and there are lots airports? We wouldn’t put up with that. and gone, who would like to have his of us. By the way, we also have metal Well, I don’t know. Maybe this admin- treasure that he had built and created poles and knives, and we will shoot istration would; hard to say. But we and to show them everything he had. you, too, when you try to stop us. know from history that’s a big mis- I mean, it’s like saying for people We’re going to get on those planes, take. who play poker, ‘‘I am such a benevo- whether you want it or not, because What really breaks my heart is some lent poker player. Let me show you my we’re going to style ourselves the Free of us have been seeing this stuff com- cards. I’ll take two cards, and I’ll show America flotilla—airtilla. We’re going ing, and I wanted this to be a very bi- you what they are, and now here is my to be ‘Airtilla the Hun.’ We’re going to partisan effort. So, for some months, five. Okay. Who wants to bet?’’ You bring people into the airports. We’re I’ve been trying to get a pro-Israel don’t do that. going to overwhelm the security, and group on board, I’ve been trying to get It would be like playing chess and we’re going to get on those airplanes friends across the aisle on board with a saying, ‘‘Now, I want to be benevolent, without being checked.’’ resolution that would make very clear

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4242 CONGRESSIONAL RECORD — HOUSE June 8, 2010 that we support Israel’s defending And not only have we not gotten stand up against the bad guys. And itself, whatever needs to be done, and if other nations to get on board with then the bad guys understand that and nothing else has worked, that the mili- sanctions; Russia has cut a deal. you have peace for a while. tary means are supported by this Na- They’re going to provide them their But, Mr. Speaker, I see my time has tion. best anti-aircraft weaponry as 300 is expired, so I appreciate your indul- Instead, this administration has been coming to Iran. And the days are grow- gence tonight. snubbing Israel. He snubbed their ing and building. And we’re putting all f Prime Minister previously when he the wrong pressure on our dear ally. LEAVE OF ABSENCE came to Washington. He walked off. And some know in this body that I’ve ‘‘I’m going to go have dinner with my been pushing, all three terms I’ve been By unanimous consent, leave of ab- family. Why don’t you just stay here in here, what I title the U.N. Voting Ac- sence was granted to: the White House for the night so you countability Act. One of these days I’m Ms. KILPATRICK of Michigan (at the can come around and do what I’ve de- going to get it to the floor for a vote. request of Mr. HOYER) for today and manded, and you can let me know I got it as an amendment. We had over the balance of the week on account of when you get ready to do what I’ve de- 100 votes on it. That was back in 2005. a death in the family. manded.’’ Prime Minister Netanyahu I’m hoping to get it the floor as a bill Ms. RICHARDSON (at the request of appropriately didn’t stay. He went to at some point to bring about sanity to Mr. HOYER) for today on account of pri- the Embassy. He didn’t need to be our foreign assistance policy. mary election in the district. blackmailed into anything. But it basically says this: Hey, these Mr. CARTER (at the request of Mr. I realize, you know, we’re all victims nations around the world, you’re sov- BOEHNER) for today on account of trav- of the environment in which we grew ereign nations. You can do whatever el delays. up, and if you grew up in an environ- you want as long as it doesn’t hurt us, f ment, say, for example, Chicago, where because we’ll protect ourselves. But SPECIAL ORDERS GRANTED you’re used to snubbing folks—you do any nation that votes against the that in France, and it’s no big deal. So United States position more than half By unanimous consent, permission to it’s understandable that would be the time in the U.N. won’t get any fi- address the House, following the legis- brought to the White House. nancial assistance from us in the sub- lative program and any special orders sequent year. March 31 every year a re- heretofore entered, was granted to: b 2045 port comes out about who voted which (The following Members (at the re- But the trouble is, when you’re the way on all the contested votes. You quest of Mr. CONNOLLY of Virginia) to most powerful executive in the world, look at those, you see who voted revise and extend their remarks and in- and you snub a friend, there are inter- against our position more than half the clude extraneous material:) national implications. Things like that time and you just say, fine; that’s your Ms. WOOLSEY, for 5 minutes, today. have been known to start wars and cost position. We are not going to keep pay- Mr. WEINER, for 5 minutes, today. thousands and thousands of lives. Ac- ing people to hate us. We have found Ms. KAPTUR, for 5 minutes, today. tivity like that has consequences, and we can get people to hate us for free. Mr. DEFAZIO, for 5 minutes, today. the world has been watching while we And we don’t have to get taxpayers to (The following Members (at the re- snubbed our ally, who has more of the keep paying taxes to pay people to hate quest of Mr. POE of Texas) to revise and same rights in their nation that we us when they’ll do it for free. extend their remarks and include ex- have in this one than any nation in the We’re paying Israel’s enemies about traneous material:) Middle East. And we’re snubbing them? as much as we’re supporting Israel Mr. BURTON of Indiana, for 5 minutes, And we’re trying to force them to do with. It’s a big mistake. today, June 9, 10, and 11. what they did in giving away land to One thought I had that would be a Mr. POE of Texas, for 5 minutes, southern Lebanon, giving away the clear image to the world, and I appre- today, June 9, 10, 11, 14, and 15. Gaza Strip, not defending itself, now ciate the few friends across the aisle Mr. JONES, for 5 minutes, today, June demanding that they show all of their that have said they have supported the 9, 10, 11, 14, and 15. weaponry? That has consequences. It idea, and that is, we need an image, a Mr. MORAN of Kansas, for 5 minutes, can start wars. visual image going to the rest of the today, June 9, 10, 11, 14, and 15. And the reason that I’ve been work- world so they know, there may be a lit- Mr. LATTA, for 5 minutes, June 9. ing behind the scenes for so long trying tle bickering with our friend, our close Ms. ROS-LEHTINEN, for 5 minutes, to get people on both sides of the aisle, ally Israel. But when people saw both June 10. and I’ve got plenty of this side of the sides of this aisle standing and ap- f aisle support, and I have a few Jewish plauding Prime Minister Netanyahu in ENROLLED BILL SIGNED friends on the other side of the aisle a joint session, then they would get the that are supportive, but it wasn’t picture; hey, we may fuss among our- Lorraine C. Miller, Clerk of the enough. But now I agree with some selves, but we will defend them. House, reported and found truly en- other friends that said, you can’t keep There are still some historians that rolled a bill of the House of the fol- this private; you’ve got to put the pres- believe that it was Secretary of State lowing title, which was thereupon sure on publicly. And hopefully, Mr. Acheson saying basically that Korea signed by the Speaker: Speaker, people would contact their was beyond our sphere of influence, H.R. 5330. An act to amend the Antitrust Members of Congress and let them which led, and apparently Korea was Criminal Penalty Enhancement and Reform know that they need to get on board already massing forces. But you can’t Act of 2004 to extend the operation of such Act, and for other purposes. with the resolution that says Israel can help but wonder if once they heard that defend itself. that’s beyond our sphere of influence, f Sanctions, what a lovely thing to we won’t come to South Korea’s aid, BILLS PRESENTED TO THE talk about. And when you have years that’s when the Korean War started. PRESIDENT and years and years to work with, You start wars, oftentimes, when the Lorraine C. Miller, Clerk of the whether it’s South Africa or some- strongest friend snubs their ally, then House reports that on May 28, 2010 she where, that’s one thing. But when enemies of that ally think they can act presented to the President of the you’ve got centrifuges spinning, and against that ally without the strong United States, for his approval, the fol- the IAEA already tells us that Iran has supporter stepping forward. lowing bill: probably enough enriched uranium for And we need to let the world know H.R. 5128. To designate the United States two nuclear weapons, and the cen- that Israel is still our friend. They still Department of the Interior Building in trifuges are still spinning, and we’re vote with us more than way over 90 Washington, District of Columbia, as the still trying to talk to other nations in percent of the rest of the people in the ‘‘Stewart Lee Udall Department of the Inte- the world about getting on board with U.N., and a friend like that is a friend rior Building’’. our sanctions, Israel is more at risk we ought to support. And you won’t get Lorraine C. Miller, Clerk of the every day. peace until you show you’re willing to House reports that on June 1, 2010 she

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4243 presented to the President of the H.R. 4095. To designate the facility of the the ‘‘Captain Luther H. Smith, U.S. Army United States, for his approval, the fol- United States Postal Service located at 9727 Air Forces Post Office’’. lowing bills. Antioch Road in Overland Park, Kansas, as H.R. 4628. To designate the facility of the the ‘‘Congresswoman Jan Meyers Post Office United States Postal Service located at 216 H.R. 5530. To amend the Antitrust Criminal Building’’. Westwood Avenue in Westwood, New Jersey, Penalty Enhancement and Reform Act of H.R. 4139. To designate the facility of the as the ‘‘Sergeant Christopher R. Hrbek Post 2004 to extend the operation of such Act, and United States Postal Service located at 7464 Office Building’’. for other purposes. H.R. 3250. To designate the facility of the Highway 503 in Hickory, Mississippi, as the H.R. 2711. To amend title 5, United States United States Postal Service located at 1210 ‘‘Sergeant Matthew L. Ingram Post Office’’. Code, to provide for the transportation and West Main Street in Riverhead, New York, H.R. 4214. To designate the facility of the moving expenses for the immediate family of as the ‘‘Private First Class Garfield M. United States Postal Service located at 45300 certain Federal employees who die in the Langhorn Post Office Building’’. Portola Avenue in Palm Desert, California, performance of their duties. H.R. 3634. To designate the facility of the as the ‘‘Roy Wilson Post Office’’. f United States Postal Service located at 109 H.R. 4238. To designate the facility of the Main Street in Swifton, Arkansas, as the United States Postal Service located at 930 ‘‘George Kell Post Office’’. 39th Avenue in Greeley, Colorado, as the ADJOURNMENT H.R. 3892. To designate the facility of the ‘‘W.D. Farr Post Office Building’’. Mr. GOHMERT. Mr. Speaker, I move United States Postal Service located at 101 H.R. 4425. To designate the facility of the that the House do now adjourn. West Highway 64 Bypass in Roper, North United States Postal Service located at 2– The motion was agreed to; accord- Carolina, as the ‘‘E.V. Wilkins Post Office’’. 116th Street in North Troy, New York, as the H.R. 4017. To designate the facility of the ‘‘Martin G. ‘Marty’ Mahar Post Office’’. ingly (at 8 o’clock and 50 minutes United States Postal Service located at 43 H.R. 4547. To designate the facility of the p.m.), the House adjourned until to- Maple Avenue in Shrewsbury, Massachu- United States Postal Service located at 119 morrow, Wednesday, June 9, 2010, at 10 setts, as the ‘‘Ann Marie Blute Posth Office’’. Station Road in Cheyney, Pennsylvania, as a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 2008, the Bonneville Unit Clean Hydropower Facilitation, as amended, for printing in the CON- GRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 2008, THE BONNEVILLE UNIT CLEAN HYDROPOWER FACILITATION ACT, AS TRANSMITTED TO CBO ON JUNE 7, 2010a

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 ¥2

a CBO expects enactment of H.R. 2008 would lead to development of hydropower facilities by a nonfederal entity within a few years. Assuming enactment of H.R. 2008 in 2010, we expect such a project would be completed by 2016 at which time the government would collect annual fees from the project developer totaling about $400,000 a year for the life of the project. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 4349, the Hoover Power Allocation Act, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4349, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

EXECUTIVE COMMUNICATIONS, 7728. A letter from the President, Uni- ties of the Western Hemisphere Institute for ETC. formed Services University of the Health Security Cooperation, pursuant to 10 U.S.C. Sciences, Department of Defense, transmit- 2166(i); to the Committee on Armed Services. Under clause 2 of rule XIV, executive ting the Department’s Evaluation of the communications were taken from the 7732. A letter from the Under Secretary, TRICARE Program Fiscal Year (FY) 2010 Re- Department of Defense, transmitting report Speaker’s table and referred as follows: port to Congress, pursuant to Public Law on the potential effects of expanding the list 7725. A letter from the Administrator, De- 104–106, section 717; to the Committee on of persons under section 10 U.S.C. 1482(c) for partment of Agriculture, transmitting the Armed Services. the disposition of the remains of those serv- Department’s final rule—Olives Grown in 7729. A letter from the Director, Defense ing in the Armed Services; to the Committee California; Increased Assessment Rate [Doc. Procurement and Acquisition Policy, De- on Armed Services. No.: AMS-FV–09–0089; FV10–932–1FR] re- partment of Defense, transmitting the De- 7733. A letter from the Director, Defense ceived May 18, 2010, pursuant to 5 U.S.C. partment’s final rule—Defense Federal Ac- Procurement and Acquisition Policy, De- 801(a)(1)(A); to the Committee on Agri- quisition Regulation Supplement; Restric- partment of Defense, transmitting the De- culture. tions on the Use of Mandatory Arbitration 7726. A letter from the Administrator, De- Agreements (DFARS Case 2010–D004) (RIN: partment’s final rule—Defense Federal Ac- partment of Agriculture, transmitting the 0750–AG70) received May 10, 2010, pursuant to quisition Regulation Supplement; Contract Department’s final rule—Cotton Research 5 U.S.C. 801(a)(1)(A); to the Committee on Authority for Advanced Component Develop- and Promotion Program: Designation of Cot- Armed Services. ment or Prototype Units (DFARS Case 2009– ton-Producing States [Doc. #: AMS-CN–10– 7730. A letter from the Director, Defense D034) received May 25, 2010, pursuant to 5 0027; CN–08–003] (RIN: 0581–AC84) received Procurement and Acquisition Policy, De- U.S.C. 801(a)(1)(A); to the Committee on May 18, 2010, pursuant to 5 U.S.C. partment of Defense, transmitting the De- Armed Services. 801(a)(1)(A); to the Committee on Agri- partment’s final rule—Defense Federal Ac- 7734. A letter from the Director, Defense culture. quisition Regulation Supplement; Ground Procurement and Acquisition Policy, De- 7727. A letter from the Secretary, Depart- and Flight Risk Clause (DFARS Case 2007– partment of Defense, transmitting the De- ment of the Air Force, Department of De- D009) (RIN: 0750–AF72) received May 25, 2010, partment’s final rule—Defense Federal Ac- fense, transmitting a report detailing an Av- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quisition Regulation Supplement; New Des- erage Procurement Unit Cost and a Program mittee on Armed Services. ignated Country-Taiwan [DFARS Case 2009– Acquisition Unit Cost breach for the C–130 7731. A letter from the Deputy Secretary, D010] received May 25, 2010, pursuant to 5 AMP, pursuant to 10 U.S.C. 2433(e)(1); to the Department of Defense, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on Committee on Armed Services. partment’s 2009 annual report on the Activi- Armed Services.

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4244 CONGRESSIONAL RECORD — HOUSE June 8, 2010 7735. A letter from the Under Secretary, final rule—Center for Devices and Radio- 7755. A letter from the Assistant Secretary Department of Defense, transmitting notifi- logical Health; New Address Information For Export Administration, Department of cation regarding authorizing the use of a [Docket No.: FDA–2010–N–0010] received May Commerce, transmitting the Department’s multiyear procurement (MYP) contract for 11, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to final rule—Revisions to the Authorization the 124 F/A–18E/F and EA–18G aircraft in Fis- the Committee on Energy and Commerce. for Validated End-User Applied Materials cal Years (FYs) 2010 through 2013; to the 7746. A letter from the Regulations Coordi- China, Ltd. [Docket No.: 100205081–0149–01] Committee on Armed Services. nator, Department of Health and Human (RIN: 0694–AE86) received May 14, 2010, pursu- 7736. A letter from the Deputy Secretary, Services, transmitting the Department’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Defnese, transmitting the De- ‘‘Major’’ final rule—Interim Final Rules for on Foreign Affairs. partment’s semiannual report to Congress Group Health Plans and Health Insurance 7756. A letter from the Director, Inter- from October 1, 2009 to March 31, 2010; to the Issuers Relating to Dependent Coverage of national Cooperation, Department of De- Committee on Armed Services. Children to Age 26 under the Patient Protec- fense, transmitting Pursuant to Section 27(f) 7737. A letter from the Director, Defense tion and Affordable Care Act [OCIIO–4150– of the Arms Export Control Act and Section Research and Engineering, Department of IFC] (RIN: 0991–AB66) received May 11, 2010, 1(f) of Executive Order 11958, Transmittal No. Defense, transmitting the Department’s an- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 09–10 informing of an intent to sign a Memo- nual report describing the activities of the mittee on Energy and Commerce. randum of Understanding with the State of DPA Title III Fund, pursuant to 50 U.S.C. 7747. A letter from the Secretary, Depart- Israel; to the Committee on Foreign Affairs. 2094(f)(3) section 304(f)(3); to the Committee ment of Health and Human Services, trans- 7757. A letter from the Director, Inter- on Financial Services. mitting the Department’s annual Report on national Cooperation, Department of De- 7738. A letter from the Chairman and Presi- the Food and Drug Administration Advisory fense, transmitting Pursuant to Section 27(f) dent, Export-Import Bank, transmitting a Committee Vacancies and Public Disclo- of the Arms Export Control Act and Section report on transactions involving U.S. exports sures, pursuant to Section 712(e) of the Fed- 1(f) of Executive Order 11958, Transmittal No. to United Arab Emirates pursuant to Section eral Food, Drug, and Cosmetic Act; to the 06–10 informing of an intent to sign the 2(b)(3) of the Export-Import Bank Act of 1945, Committee on Energy and Commerce. Project Arrangement among with Italy, as amended; to the Committee on Financial 7748. A letter from the Assistant Secretary, Spain and the United Kingdom; to the Com- Services. Employee Benefits Security Administration, mittee on Foreign Affairs. 7739. A letter from the General Counsel, Department of Labor, transmitting the De- 7758. A letter from the Assistant Secretary, Federal Housing Finance Agency, transmit- partment’s ‘‘Major’’ final rule—Interim Legislative Affairs, Department of State, ting the Agency’s final rule—Affordable Final Rules for Group Health Plans and transmitting Transmittal No. DDTC 10–034, Housing Program Amendments: Federal Health Insurance Issuers Relating to De- certification of a proposed manufacturing li- Home Loan Bank Mortgage Refinancing Au- pendent Coverage of Children to Age 26 cense agreement for the manufacture of sig- thority (RIN: 2590–AA04) received May 27, Under the Patient Protection and Affordable nificant military equipment abroad, pursu- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Care Act [OCIIO–4150–IFC] (RIN: 1210–AB41) ant to section 36(d) of the Arms Export Con- Committee on Financial Services. received May 18, 2010, pursuant to 5 U.S.C. trol Act; to the Committee on Foreign Af- 7740. A letter from the Assistant General 801(a)(1)(A); to the Committee on Energy and fairs. Counsel for Regulatory Services, Depart- Commerce. 7759. A letter from the Assistant Secretary, ment of Education, transmitting the Depart- 7749. A letter from the Director, Regu- Legislative Affairs, Department of State, ment’s final rule—National Institute on Dis- latory Management Division, Environmental transmitting Transmittal No. DDTC 10–007, ability and Rehabilitation Research Protection Agency, transmitting the Agen- certification of a proposed technical assist- (NIDRR)—-Disability and Rehabilitation Re- cy’s final rule—Prevention of Significant De- ance agreement to include the export of search Projects and Centers Program—Reha- terioration (PSD) and Nonattainment New technical data, and defense services, pursu- bilitation Research and Training Centers Source Review (NSR): Aggregation [EPA-HQ- ant to section 36(c) of the Arms Export Con- (RRTCs)—-Individual-Level Characteristics OAR–2003–0064; FRL–9150–5] (RIN: 2060–AP80) trol Act; to the Committee on Foreign Af- Related to Employment Among Individuals received May 10, 2010, pursuant to 5 U.S.C. fairs. with Disabilities Catalog of Federal Domes- 801(a)(1)(A); to the Committee on Energy and 7760. A letter from the Assistant Secretary, tic Assistance (CFDA) Number: 84.133B–1 re- Commerce. Legislative Affairs, Department of State, ceived May 18, 2010, pursuant to 5 U.S.C. 7750. A letter from the Chief of Staff, Media transmitting the Secretary’s determination 801(a)(1)(A); to the Committee on Education Bureau, Federal Communications Commis- that eight countries are not cooperating and Labor. sion, transmitting the Commission’s final fully with U.S. antiterrorism efforts: Cuba, 7741. A letter from the Assistant General rule—Amendment of Section 73.622(i), Post- Eritrea, Iran, North Korea (DPRK), Syria, Counsel for Regulatory Services, Depart- Transition Table of DTV Allotments, and Venezuela; to the Committee on Foreign ment of Education, transmitting the Depart- Televison Broadcast Stations. (Seaford, Affairs. ment’s final rule—National Institute on Dis- Delaware) [MB Docket No.: 09–230] received 7761. A letter from the Assistant Secretary, ability and Rehabilitation Research May 18, 2010, pursuant to 5 U.S.C. Legislative Affairs, Department of State, (NIDRR)—-Disability and Rehabilitation Re- 801(a)(1)(A); to the Committee on Energy and transmitting Transmittal No. DDTC 10–047, search Projects and Centers Program—Dis- Commerce. certification of a proposed technical assist- ability Rehabilitation Research Project 7751. A letter from the Director, Office of ance agreement to include the export of (DRRP)—-Transition to Employment Cata- Congressional Affairs, U.S. Nuclear Regu- technical data, and defense services, pursu- log of Federal Domestic Assistance (CFDA) latory Commission, transmitting the Com- ant to section 36(c) of the Arms Export Con- Number: 84.133A–1 received May 18, 2010, pur- mission’s final rule—List of Approved Spent trol Act; to the Committee on Foreign Af- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Fuel Storage Casks: NUHOMS HD System fairs. mittee on Education and Labor. Revision 1 [NRC–2009–0538] (RIN: 3150–AI75) 7762. A letter from the Secretary, Depart- 7742. A letter from the Assistant Secretary, received May 14, 2010, pursuant to 5 U.S.C. ment of the Treasury, transmitting as re- Energy Efficiency and Renewable Energy, 801(a)(1)(A); to the Committee on Energy and quired by section 401(c) of the National Department of Energy, transmitting the De- Commerce. Emergency Act, 50 U.S.C. 1641(c), and section partment’s Annual Report on Federal Gov- 7752. A letter from the Assistant Secretary, 204(c) of the International Emergency Eco- ernment Energy Management and Conserva- Legislative Affairs, Department of State, nomic Powers Act, 50 U.S.C. 1703(c), and pur- tion Programs during Fiscal Year 2007, pur- transmitting notification that effective suant to Executive Order 13313 of July 31, suant to 42 U.S.C. 6361(c); to the Committee March 14, 2010, the 15% Danger Pay Allow- 2003, a six-month periodic report on the na- on Energy and Commerce. ance for USG civilian employees serving in tional emergency with respect to Sudan that 7743. A letter from the Secretary, Depart- Ciudad Juarez, Matamoros, Monterrey, was declared in Executive Order 13067 of No- ment of Health and Human Services, trans- Nogales, Nuevo Laredo, and Tijuana, Mexico vember 3, 1997; to the Committee on Foreign mitting a report entitled ‘‘Report to Con- has been established, pursuant to 5 U.S.C. Affairs. gress Related to Comprehensive Tuberculosis 5928; to the Committee on Foreign Affairs. 7763. A letter from the Secretary, Depart- Elimination Act of 2008’’; to the Committee 7753. A letter from the Acting Deputy Di- ment of the Treasury, transmitting as re- on Energy and Commerce. rector, Defense Security Cooperation Agen- quired by section 204(c) of the International 7744. A letter from the Office Manager, De- cy, transmitting a notice of proposed lease Emergency Economic Powers Act, 50 U.S.C. partment of Health and Human Services, with the Government of Canada (Trans- 1703(c), and pursuant to Executive Order transmitting the Department’s final rule— mittal No. 03–10) pursuant to Section 62(a) of 13313 of July 31, 2003, a six-month periodic re- Medicaid Program; Premiums and Cost Shar- the Arms Export Control Act; to the Com- port on the national emergency with respect ing [CMS–2244–FC] (RIN: 0938–AP73) received mittee on Foreign Affairs. to Iran that was declared in Executive Order May 27, 2010, pursuant to 5 U.S.C. 7754. A letter from the Acting Deputy Di- 12170 of November 14, 1979; to the Committee 801(a)(1)(A); to the Committee on Energy and rector, Defense Security Cooperation Agen- on Foreign Affairs. Commerce. cy, transmitting Transmittal No. 10–19, pur- 7764. A letter from the Auditor, Office of 7745. A letter from the Department Direc- suant to the reporting requirements of Sec- the District of Columbia Auditor, transmit- tor, Regulations Policy and Management tion 36(b)(1) of the Arms Export Control Act, ting a copy of the report entitled, ‘‘Audit of Staff, Department of Health and Human as amended; to the Committee on Foreign the Fleet Management Administration of the Services, transmitting the Department’s Affairs. Department of Public Works’’, pursuant to

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — HOUSE H4245 D.C. Code section 47–117(d); to the Committee Committee on Oversight and Government America, transmitting the Society’s annual on Oversight and Government Reform. Reform. financial report for 2008 and 2009, pursuant to 7765. A letter from the Chairman, Council 7778. A letter from the Executive Vice 36 U.S.C. 1101(19) and 1103; to the Committee of the District of Columbia, transmitting President and Chief Financial Officer, Fed- on the Judiciary. Transmittal of D.C. ACT 18–414, ‘‘Job Growth eral Home Loan Bank of Chicago, transmit- 7790. A letter from the Chair, United States Incentive Act of 2010’’; to the Committee on ting the 2009 management reports and state- Sentencing Commission, transmitting the Oversight and Government Reform. ments on the system of internal controls of Commission’s amendments to the federal 7766. A letter from the Chairman, Council the Federal Home Loan Bank of Chicago, sentencing guidelines, policy statements, of the District of Columbia, transmitting pursuant to 31 U.S.C. 9106; to the Committee and official commentary, together with the Transmittal of D.C. ACT 18–415, ‘‘Health In- on Oversight and Government Reform. reasons for the amendments, pursuant to 28 surance for Dependents Temporary Act of 7779. A letter from the Chairman, Federal U.S.C. 994(o); to the Committee on the Judi- 2010’’; to the Committee on Oversight and Reserve System, transmitting the System’s ciary. Government Reform. Semiannual Report to Congress for the six- 7791. A letter from the Regulatory Ombuds- 7767. A letter from the Chairman, Council month period ending March 31, 2010, as re- man, Department of Transportation, trans- of the District of Columbia, transmitting quired by the Inspector General Act of 1978, mitting the Department’s ‘‘Major’’ final Transmittal of D.C. ACT 18–416, ‘‘Old Naval as amended; to the Committee on Oversight rule—Fees for the Unified Carrier Registra- Hospital Community Obligation Require- and Government Reform. tion Plan and Agreement [Docket No.: ments Temporary Amendment Act of 2010’’; 7780. A letter from the Vice President, Con- FMCSA–2009–0231] (RIN: 2126–AB19) received to the Committee on Oversight and Govern- gressional and Public Affairs, Millennium June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); ment Reform. Challenge Corporation, transmitting Fiscal to the Committee on Transportation and In- 7768. A letter from the Chairman, Council year 2009 Annual Performance Report; to the frastructure. of the District of Columbia, transmitting Committee on Oversight and Government 7792. A letter from the Chairperson, Na- Transmittal of D.C. ACT 18–413, ‘‘Master Reform. tional Commission on Children and Disas- Public Facilities Plan Amendment Act of 7781. A letter from the Director, Office of ters, transmitting ad-hoc Progress Report; 2010’’; to the Committee on Oversight and Management and Budget, transmitting the to the Committee on Transportation and In- Office’s annual report for fiscal year 2009, in Government Reform. frastructure. 7769. A letter from the Chairman, Council accordance with Section 203(a) of the Notifi- 7793. A letter from the Assistant Secretary, of the District of Columbia, transmitting cation and Federal Employee Antidiscrimi- Legislative Affairs, Department of State, Transmittal of D.C. ACT 18–420, ‘‘Adoption nation and Retaliation Act of 2002 (No FEAR transmitting an extension of the Depart- and Guardianship Subsidy Temporary Act), Public Law 107–174; to the Committee ment’s Memorandum of Understanding Be- Amendment Act of 2010’’; to the Committee on Oversight and Government Reform. tween the Government of the United States 7782. A letter from the Chair, Pension Ben- on Oversight and Government Reform. of America and the Government of the Re- efit Guaranty Corporation, transmitting the 7770. A letter from the Chairman, Council public of El Salvador Concerning the Imposi- 35th Annual Report of the Pension Benefit of the District of Columbia, transmitting Guaranty Corporation; to the Committee on tion of Import Restrictions on Certain Cat- Transmittal of D.C. ACT 18–419, ‘‘Third & H Oversight and Government Reform. egories of Archaeological Material from the Streets, N.E., Economic Development Tech- 7783. A letter from the Senior Vice Presi- Pre-hispanic Cultures of the Republic of El nical Clarification Temporary Amendment dent, Diversity and Labor Relations, Ten- Salvador, pursuant to 19 U.S.C. 2602(g)(1); to Act of 2010’’; to the Committee on Oversight nessee Valley Authority, transmitting the the Committee on Ways and Means. and Government Reform. Authority’s annual report for Fiscal Year 7794. A letter from the Chief, Trade and 7771. A letter from the Chairman, Council 2009 prepared in accordance with Section 203 Commercial Regulations Branch, Depart- of the District of Columbia, transmitting of the Notification and Federal Employee ment of Homeland Security, transmitting Transmittal of D.C. ACT 18–418, ‘‘With- Antidiscrimination and Retaliation Act of the Department’s final rule—Further Con- holding of Tax on Lottery Winnings Tem- 2002 (No FEAR Act), Public Law 107–174; to solidation of CBP Drawback Centers porary Act of 2010’’; to the Committee on the Committee on Oversight and Govern- [USCBP–2009–0035] (RIN: 1651–AA79) received Oversight and Government Reform. ment Reform. May 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 7772. A letter from the Chairman, Council 7784. A letter from the Acting Director, to the Committee on Ways and Means. of the District of Columbia, transmitting Fish and Wildlife Services, Department of 7795. A letter from the Chief, Publications Transmittal of D.C. ACT 18–417, ‘‘Medicaid the Interior, transmitting the 2008 annual re- and Regulations Branch, Department of the Resource Maximization Temporary Act of port on reasonably identifiable expenditures Treasury, transmitting the Service’s final 2010’’; to the Committee on Oversight and for the conservation of endangered or threat- rule—Update for Weighted Average Interest Government Reform. ened species by Federal and State agencies, Rates, Yield Curves, and Segment Rates [No- 7773. A letter from the Chairman, Council pursuant to 16 U.S.C. 1544; to the Committee tice 2010–40] received May 11, 2010, pursuant of the District of Columbia, transmitting on Natural Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on Transmittal of D.C. ACT 18–429, ‘‘Legaliza- 7785. A letter from the Regulatory Affairs, Ways and Means. tion of Marijuana for Medical Treatment Department of the Interior, transmitting the 7796. A letter from the Chief, Publications Amendment Act of 2010’’; to the Committee Department’s final rule—Visitor Services and Regulations, Internal Revenue Service, on Oversight and Government Reform. (RIN: 1004–AD96) received May 18, 2010, pur- transmitting the Service’s final rule—Tran- 7774. A letter from the Chairman, Council suant to 5 U.S.C. 801(a)(1)(A); to the Com- sitional Guidance for Taxpayers Claiming of the District of Columbia, transmitting mittee on Natural Resources. Relief Under the Military Spouses Residency Transmittal of D.C. ACT 18–428, ‘‘Healthy 7786. A letter from the Assistant Attorney Relief Act for Taxable Year 2009 [Notice 2010– Schools Act of 2010’’; to the Committee on General, Department of Justice, transmit- 30] received May 17, 2010, pursuant to 5 U.S.C. Oversight and Government Reform. ting a copy of a report required by Section 801(a)(1)(A); to the Committee on Ways and 7775. A letter from the Chairman and Chief 202(a)(1)(C) of Pub. L. 107–273, the ‘‘21st Cen- Means. Executive Officer, Farm Credit Administra- tury Department of Justice Appropriations 7797. A letter from the Chief, Publications tion, transmitting the semiannual report on Authorization Act’’, related to certain set- and Regulations, Internal Revenue Service, the activities of the Office of Inspector Gen- tlements and injunctive relief, pursuant to 28 transmitting the Service’s final rule—Sec- eral of the Farm Credit Administration for U.S.C. 530D Public Law 107–273, section tion 1274—Determination of Issue Price in the period October 1, 2009 through March 31, 202(a)(1)(C); to the Committee on the Judici- the Case of Certain Debt Instruments Issued 2010; and the semiannual Management Re- ary. for Property (Rev. Rul. 2010–12) received May port on the Status of Audits for the same pe- 7787. A letter from the Director, Adminis- 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to riod, pursuant to 5 U.S.C. app. (Insp. Gen. trative Office of the United States Courts, the Committee on Ways and Means. Act), section 5(b); to the Committee on Over- transmitting the Office’s report entitled, 7798. A letter from the Chief, Publications sight and Government Reform. ‘‘Report of the Proceedings of the Judicial and Regulations, Internal Revenue Service, 7776. A letter from the Inspector General, Conference of the United States’’ for the transmitting the Service’s final rule—Regu- Farm Credit Administration, transmitting September 2009 session and the June 2009 spe- lations under the Patient Protection and Af- the semiannual report on the activities of cial session; to the Committee on the Judici- fordable Care Act [TD 9482] received May 13, the Office of Inspector General of the Farm ary. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Credit Administration for the period October 7788. A letter from the Director, Adminis- Committee on Ways and Means. 1, 2009 through March 31, 2010, pursuant to 5 trative Office of the United States Courts, 7799. A letter from the Chief, Publications U.S.C. app. (Insp. Gen. Act), section 5(b); to transmitting the Office’s report on applica- and Regulations Branch, Internal Revenue the Committee on Oversight and Govern- tions for orders authorizing or approving the Service, transmitting the Service’s final ment Reform. interception of wire, oral, or electronic com- rule—Coordinated Issue Paper Savings and 7777. A letter from the Chairman, Federal munications and the number of orders and Loan Industry Supervisory Goodwill UIL Communications Commission, transmitting extensions granted or denied during calendar 597.13–00 [LMSB4–1109–042] received May 13, the Commission’s FY 2009 Annual Report year 2009, pursuant to 18 U.S.C. 2519(3); to the 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to Section 203, Title II of the Noti- Committee on the Judiciary. Committee on Ways and Means. fication and Federal Antidiscrimination and 7789. A letter from the Congressional Medal 7800. A letter from the Chief, Publications Retaliation (No FEAR) Act of 2002; to the of Honor Society of the United States of and Regulations Branch, Internal Revenue

VerDate Mar 15 2010 03:19 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H08JN0.REC H08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H4246 CONGRESSIONAL RECORD — HOUSE June 8, 2010 Service, transmitting the Service’s final 7812. A letter from the Administrator, public-private partnerships and alternative rule—Use of Delegation Order (DO) 4–25 on FEMA, Department of Homeland Security, models for service delivery that promote the Appeals Settlement Position (ASP) for the transmitting the Department’s report on the reduction or elimination of childhood hunger I.R.C. Sec. 41 Research Credit—Intra-Group Preliminary Damage Assessment informa- by 2015; to the Committee on Education and Receipts From Foreign Affiliates (IRM tion on FEMA–1890–DR for the District of Co- Labor. 4.46.56) received May 25, 2010, pursuant to 5 lumbia; jointly to the Committees on Trans- By Mrs. CAPPS (for herself, Mr. MAR- U.S.C. 801(a)(1)(A); to the Committee on portation and Infrastructure, Appropria- KEY of Massachusetts, Mr. GEORGE Ways and Means. tions, and Homeland Security. MILLER of California, Mr. THOMPSON 7801. A letter from the Chairman, Defense 7813. A letter from the Administrator, of California, Mr. GRIJALVA, Ms. Nuclear Facilities Safety Board, transmit- FEMA, Department of Homeland Security, MCCOLLUM, Mr. DEUTCH, Ms. BERK- ting the Board’s quarterly report to Congress transmitting the Department’s report on the LEY, Mrs. MALONEY, Mr. SHERMAN, on the Status of Significant Unresolved Preliminary Damage Assessment informa- Ms. SPEIER, Mr. MICHAUD, Ms. MAT- Issues with the Department of Energy’s De- tion on FEMA–1888–DR for the State of Ari- SUI, Ms. HIRONO, and Ms. SUTTON): sign and Construction Projects (dated April zona; jointly to the Committees on Trans- H.R. 5481. A bill to give subpoena power to 15, 2010); jointly to the Committees on portation and Infrastructure, Appropria- the National Commission on the BP Deep- Armed Services and Appropriations. tions, and Homeland Security. water Horizon Oil Spill and Offshore Drill- 7802. A letter from the Secretary, Federal ing; to the Committee on Natural Resources, f Trade Commission, transmitting a report en- and in addition to the Committees on Trans- titled ‘‘Report on Emergency Technology REPORTS OF COMMITTEES ON portation and Infrastructure, and the Judici- For Use With ATMs’’; jointly to the Commit- PUBLIC BILLS AND RESOLUTIONS ary, for a period to be subsequently deter- tees on Financial Services and the Judiciary. mined by the Speaker, in each case for con- 7803. A letter from the Secretary, Depart- Under clause 2 of rule XIII, reports of sideration of such provisions as fall within ment of Energy, transmitting proposed legis- committees were delivered to the Clerk the jurisdiction of the committee concerned. lation to eliminate the need for annual up- for printing and reference to the proper By Mr. JONES (for himself and Mr. dates of the workforce restructuring plans calendar, as follows: COBLE): for defense nuclear facilities; jointly to the H.R. 5482. A bill to direct the Secretary of Committees on Energy and Commerce and Mr. PERLMUTTER: Committee on Rules. House Resolution 1424. Resolution providing the Interior to enter into an agreement to Armed Services. provide for management of the free-roaming 7804. A letter from the Secretary Attorney for consideration of the bill (H.R. 5072) to im- wild horses in and around the Currituck Na- General, Department of Health and Human prove the financial safety and soundness of tional Wildlife Refuge; to the Committee on Services Department of Justice, transmit- the FHA mortgage insurance program, and Natural Resources. ting the twelfth Annual Report on the providing for consideration of motions to By Mrs. LOWEY: Health Care Fraud and Abuse Control suspend the rules (Rept. 111–503). Referred to H.R. 5483. A bill to award a congressional (HCFAC) Program for Fiscal Year 2009; joint- the House Calendar. gold medal to the United States Cadet Nurse ly to the Committees on Energy and Com- f Corps; to the Committee on Financial Serv- merce and Ways and Means. 7805. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS ices, and in addition to the Committee on House Administration, for a period to be sub- Legislative Affairs, Department of State, Under clause 2 of rule XII, public transmitting certification to Congress re- sequently determined by the Speaker, in garding the Incidental Capture of Sea Tur- bills and resolutions of the following each case for consideration of such provi- tles in Commercial Shrimping Operations, titles were introduced and severally re- sions as fall within the jurisdiction of the pursuant to Public Law 101–162, section ferred, as follows: committee concerned. 609(b); jointly to the Committees on Natural By Mr. TEAGUE: By Mr. BLUMENAUER (for himself, H.R. 5484. A bill to direct the Secretary of Resources and Appropriations. Mr. BRADY of Texas, Mr. TANNER, Mr. 7806. A letter from the Assistant Attorney Veterans Affairs to establish an annual SHUSTER, Mr. DEFAZIO, Mr. award program to recognize businesses for General, Department of Justice, transmit- MCMAHON, Mr. WU, Mrs. ting a report required by the Foreign Intel- their contributions to veterans’ employ- DAHLKEMPER, Mr. PETRI, Mr. CARNEY, ment, and for other purposes; to the Com- ligence Surveillance Act of 1978, pursuant to Mr. SCHRADER, Mr. THOMPSON of 50 U.S.C. 1807 50 U.S.C. 1862; jointly to the mittee on Veterans’ Affairs. Pennsylvania, Mr. FILNER, Mr. SMITH Committees on the Judiciary and Intel- By Mr. TONKO: of Texas, Mr. PAUL, Mr. MANZULLO, ligence (Permanent Select). H.R. 5485. A bill to expand the National Do- Mr. COSTELLO, Mr. GERLACH, Mr. 7807. A letter from the Staff Director, Com- mestic Preparedness Consortium to include GRIJALVA, Ms. GRANGER, Mr. TIM mission on Civil Rights, transmitting a re- the SUNY National Center for Security and MURPHY of Pennsylvania, Mr. MORAN port entitled ‘‘Title IX Athletics Accommo- Preparedness; to the Committee on Home- of Kansas, Mr. LATHAM, Mr. BERRY, dating Interests and Abilities’’; jointly to land Security, and in addition to the Com- Mr. WESTMORELAND, Mr. MCDERMOTT, the Committees on the Judiciary and Edu- mittee on Transportation and Infrastruc- Mr. LIPINSKI, Mr. RODRIGUEZ, Ms. cation and Labor. ture, for a period to be subsequently deter- 7808. A letter from the Administrator, JENKINS, Mr. BOSWELL, Mr. mined by the Speaker, in each case for con- FEMA, Department of Homeland Security, LOEBSACK, Mr. HOLDEN, Mr. BACHUS, sideration of such provisions as fall within transmitting the Department’s report on the Mr. INGLIS, Mr. ROSS, Mr. MICA, Mr. the jurisdiction of the committee concerned. Preliminary Damage Assessment informa- CARTER, Mr. SPRATT, Ms. CORRINE By Mr. SESSIONS (for himself and tion on FEMA–1889–DR for the State of New BROWN of Florida, Mr. GRAVES, Mr. Mrs. MCMORRIS RODGERS): Jersey; jointly to the Committees on Trans- BRADY of Pennsylvania, Mr. WILSON H. Con. Res. 284. Concurrent resolution rec- portation and Infrastructure, Homeland Se- of South Carolina, Mr. OLSON, Mr. ognizing the work and importance of special curity, and Appropriations. CARNAHAN, Mr. QUIGLEY, Mr. MCGOV- education teachers; to the Committee on 7809. A letter from the Administrator, ERN, Mrs. BLACKBURN, Mr. DICKS, Mr. Education and Labor. FEMA, Department of Homeland Security, SNYDER, and Mr. RAHALL): By Mr. DINGELL (for himself, Mr. transmitting the Department’s report on the H.R. 5478. A bill to amend the Internal Rev- SCHAUER, Mr. HOEKSTRA, Mr. PETERS, Preliminary Damage Assessment informa- enue Code of 1986 to provide an incentive to Mrs. MILLER of Michigan, Mr. UPTON, tion on FEMA–1892–DR for the State of New encourage the replacement of inefficient, Mr. MCCOTTER, Ms. KILPATRICK of Hampshire; jointly to the Committees on outdated freight railcars with greener, more Michigan, Mr. CONYERS, Mr. ROGERS Transportation and Infrastructure, Appro- fuel efficient vehicles; to the Committee on of Michigan, Mr. STUPAK, Mr. CAMP, priations, and Homeland Security. Ways and Means. Mr. LEVIN, Mr. KILDEE, and Mr. 7810. A letter from the Administrator, By Mr. RAHALL (for himself and Mr. EHLERS): FEMA, Department of Homeland Security, BOUCHER): H. Res. 1425. A resolution recognizing transmitting the Department’s report on the H.R. 5479. A bill to amend the Surface Min- pitcher Armando Galarraga of the Detroit Preliminary Damage Assessment informa- ing Control and Reclamation Act of 1977 to Tigers for pitching a near-perfect game, de- tion on FEMA–1893–DR for the State of West provide for use of excess funds available claring that Galarraga pitched a perfect Virginia; jointly to the Committees on under that Act to provide for certain bene- game, and urging Major League Baseball to Transportation and Infrastructure, Appro- fits, and for other purposes; to the Com- overturn the mistaken safe call by the um- priations, and Homeland Security. mittee on Natural Resources. pire that spoiled the perfect game; to the 7811. A letter from the Administrator, By Mr. POLIS: Committee on Oversight and Government FEMA, Department of Homeland Security, H.R. 5480. A bill to amend the Richard B. Reform. transmitting the Department’s report on the Russell National School Lunch Act to direct By Ms. MCCOLLUM (for herself and Mr. Preliminary Damage Assessment informa- the Secretary to competitively award grants ELLISON): tion on FEMA–1891–DR for the State of to, or enter into cooperative agreements, H. Res. 1426. A resolution urging the Gov- Maine; jointly to the Committees on Trans- with Governors of States to carry out com- ernment of the Republic of Rwanda and portation and Infrastructure, Appropria- prehensive and innovative strategies to end President Paul Kagame to immediately re- tions, and Homeland Security. childhood hunger, including establishing lease human rights lawyer Professor Peter

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Erlinder from jail and allow him to return to H.R. 3734: Mrs. DAVIS of California. H.R. 5361: Mr. ELLISON. the United States; to the Committee on For- H.R. 3745: Mr. TONKO. H.R. 5371: Mrs. MALONEY. eign Affairs. H.R. 3781: Mr. GORDON of Tennessee. H.R. 5412: Mr. HOLDEN and Mr. LOEBSACK. By Mr. WAXMAN (for himself, Ms. H.R. 3790: Mr. FORTENBERRY and Mr. NYE. H.R. 5424: Mr. ROGERS of Kentucky, Mrs. HARMAN, Ms. RICHARDSON, Mr. H.R. 3910: Mr. INSLEE. BLACKBURN, Mr. DUNCAN, and Mr. CRENSHAW. SCHIFF, Mr. BERMAN, Mrs. CAPPS, Ms. H.R. 3974: Mr. ROSS, Mr. VAN HOLLEN, and H.R. 5434: Mr. NADLER of New York, Mr. WATSON, Ms. MATSUI, Mr. SHERMAN, Mr. DAVIS of Illinois. MORAN of Virginia, Mr. CASTLE, Mr. Mrs. NAPOLITANO, Mr. MURPHY of H.R. 4179: Ms. LINDA T. SA´ NCHEZ of Cali- CONNOLLY of Virginia, Ms. HIRONO, Mr. Connecticut, Mr. MATHESON, Mr. fornia. COHEN, Mr. BROWN of South Carolina, Mrs. HONDA, Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4239: Mr. RYAN of Ohio. DAVIS of California, and Mr. PAYNE. fornia, Ms. ROYBAL-ALLARD, Mr. H.R. 4278: Mr. GRAVES, Mr. TERRY, and Mr. H.R. 5441: Ms. HIRONO and Mr. FARR. ELLSWORTH, Mr. VISCLOSKY, Mr. DON- TAYLOR. H.R. 5443: Mr. ORTIZ. NELLY of Indiana, Mr. CAMPBELL, Ms. H.R. 4296: Mr. JOHNSON of Georgia. H.R. 5449: Mr. CONYERS, Ms. RICHARDSON, H.R. 4353: Mr. HELLER. LORETTA SANCHEZ of California, Ms. and Ms. SHEA-PORTER. H.R. 4383: Ms. LEE of California. ZOE LOFGREN of California, Mr. H.R. 5453: Mr. TIM MURPHY of Pennsyl- H.R. 4544: Ms. RICHARDSON, Mr. CONYERS, MCCLINTOCK, Mr. BUYER, Mr. SHULER, vania, Mrs. LUMMIS, and Mr. DJOU. and Ms. SUTTON. Mr. HILL, Ms. CHU, and Mr. DREIER): H.R. 5459: Ms. BALDWIN and Ms. SUTTON. H.R. 4598: Mr. HONDA. H. Res. 1427. A resolution honoring the life H.R. 5462: Mr. WELCH. H.R. 4599: Ms. BERKLEY and Mr. INSLEE. of John Robert Wooden; to the Committee on H.R. 5477: Mr. CAPUANO. H.R. 4645: Mr. HONDA and Ms. WOOLSEY. Education and Labor. H.J. Res. 37: Mr. GOODLATTE. H.R. 4671: Mr. BOUCHER and Mr. PUTNAM. H.J. Res. 86: Mr. LAMBORN, Ms. SLAUGHTER, f H.R. 4678: Mr. PAYNE. Mr. WILSON of South Carolina, Mr. MCGOV- ADDITIONAL SPONSORS H.R. 4687: Ms. LEE of California. ERN, Mr. PAYNE, Mr. MEEKs of New York, Mr. H.R. 4722: Mr. WAXMAN and Mr. GARAMENDI. BISHOP of New York, Mr. KENNEDY, Mr. POM- Under clause 7 of rule XII, sponsors H.R. 4733: Mr. BISHOP of New York. EROY, Mr. BOUSTANY, Mr. BOSWELL, Mr. H.R. 4796: Mr. BACA, Mr. GENE GREEN of were added to public bills and resolu- ADERHOLT, Ms. CLARKE, and Mr. CUMMINGS. tions as follows: Texas, Mr. TERRY, and Mr. HOLDEN. H. Con. Res. 266: Mr. LAMBORN and Mr. H.R. 4812: Ms. LORETTA SANCHEZ of Cali- H.R. 40: Mr. HASTINGS of Florida. BONNER. fornia. H.R. 197: Mr. PRICE of Georgia. H. Con. Res. 281: Mr. INGLIS, Mr. MCCAUL, H.R. 4844: Mr. LYNCH and Mr. HOEKSTRA. H.R. 235: Mrs. KIRKPATRICK of Arizona. Mr. PENCE, Mrs. MYRICK, Mr. WESTMORE- H.R. 4869: Mrs. MALONEY. H.R. 272: Mr. LAMBORN. LAND, Mr. BLUNT, and Mrs. MCMORRIS ROD- H.R. 4870: Mr. DOYLE. H.R. 333: Mrs. BACHMANN. GERS. H.R. 4871: Mr. WELCH. H.R. 450: Mr. DUNCAN. H. Res. 173: Ms. MARKEY of Colorado, Mr. H.R. 4886: Mr. BURTON of Indiana, Mr. H.R. 571: Mr. TONKO and Mr. MAFFEI. STUPAK, Mr. RUSH, Ms. TSONGAS, Mr. ENGEL, Mr. CAO, and Mr. SCHOCK. H.R. 690: Mr. HOLT. HASTINGS of Florida, Mrs. MILLER of Michi- H.R. 4925: Mr. DOYLE and Mrs. MCCARTHY H.R. 731: Mr. YARMUTH. gan, Mr. CROWLEY, and Mr. KIRK. of New York. H.R. 745: Mr. LYNCH and Mr. WILSON of H. Res. 518: Mr. FALEOMAVAEGA. H.R. 4926: Mr. EHLERS and Ms. FUDGE. South Carolina. H. Res. 536: Mr. CARNEY. H.R. 4937: Mr. STARK. H.R. 891: Mr. RUPPERSBERGER. H. Res. 546: Mr. MAFFEI, Mr. PATRICK J. H.R. 4951: Mr. BROUN of Georgia. H.R. 930: Mr. MARKEY of Massachusetts and MURPHY of Pennsylvania, Mr. RYAN of Ohio, H.R. 4959: Mr. MAFFEI and Mr. JOHNSON of Ms. HARMAN. Mr. BOSWELL, Mrs. CHRISTENSEN, Mr. Georgia. H.R. 1193: Mr. PASCRELL. QUIGLEY, Ms. MOORE of Wisconsin, Mr. H.R. 4995: Mr. BROUN of Georgia and Mrs. H.R. 1221: Mr. MELANCON. MCDERMOTT, Mr. RANGEL, Mr. LOEBSACK, Ms. MCMORRIS RODGERS. H.R. 1240: Mr. COHEN. ROYBAL-ALLARD, Mr. NADLER of New York, H.R. 5012: Ms. RICHARDSON, Mr. MCGOVERN, H.R. 1255: Mr. PAYNE. Mrs. HALVORSON, Mr. RUSH, and Ms. and Mr. BACA. H.R. 1294: Mr. CASTLE. SCHAKOWSKY. H.R. 5015: Mr. MARKEY of Massachusetts. H.R. 1326: Mr. RANGEL. H. Res. 637: Mr. MCCLINTOCK, Mr. MCCAR- H.R. 1347: Mrs. MCCARTHY of New York and H.R. 5029: Mr. WAMP. THY of California, Mr. NUNES, Mr. CARTER, Ms. HIRONO. H.R. 5034: Mr. LATTA, Mr. COLE, Ms. CAS- Mr. EHLERS, Mrs. BLACKBURN, and Mr. BROUN TOR of Florida, Mr. BOCCIERI, Mr. KING of H.R. 1351: Mrs. BLACKBURN. of Georgia. H.R. 1526: Ms. TSONGAS. New York, Mr. PETERSON, and Ms. KOSMAS. H. Res. 989: Mr. MCDERMOTT. H.R. 1557: Mr. WELCH. H.R. 5041: Mr. CARNEY and Mr. CONYERS. H. Res. 1035: Mr. HOLDEN, Mr. ANDREWS, H.R. 1806: Mr. WHITFIELD, Mr. MAFFEI, Mr. H.R. 5043: Mr. ACKERMAN. Mr. HALL of New York, Ms. ROYBAL-ALLARD, SCHRADER, Mr. FATTAH, and Mr. WU. H.R. 5049: Mr. GRAYSON. Ms. FUDGE, Mr. RYAN of Ohio, Mr. ISRAEL, H.R. 1908: Mrs. LUMMIS. H.R. 5054: Mr. BROUN of Georgia. Mr. CARNEY, and Mr. TIM MURPHY of Penn- H.R. 1912: Mr. PUTNAM. H.R. 5090: Mr. MARSHALL. sylvania. H.R. 2035: Mr. CRITZ. H.R. 5092: Mrs. HALVORSON, Mr. LARSON of H. Res. 1207: Mr. HINCHEY. H.R. 2049: Ms. KOSMAS and Mr. SHADEGG. Connecticut, Mr. WALZ, and Mr. MURPHY of H. Res. 1219: Mr. GRAYSON, Mrs. MYRICK, H.R. 2067: Mr. CARNEY and Mr. LARSEN of Connecticut. Mr. PRICE of North Carolina, Mr. STUPAK, Washington. H.R. 5102: Mr. SESTAK. and Mr. HONDA. H.R. 2103: Mr. MAFFEI and Mr. LYNCH. H.R. 5141: Mr. BONNER and Mr. BROUN of H. Res. 1224: Mr. DOYLE. H.R. 2112: Ms. MOORE of Wisconsin. Georgia. H. Res. 1241: Mr. SENSENBRENNER and Mrs. H.R. 2142: Mr. MITCHELL. H.R. 5142: Ms. LINDA T. SA´ NCHEZ of Cali- MYRICK. H.R. 2149: Mr. FATTAH and Mr. CHANDLER. fornia. H. Res. 1275: Mr. FRANK of Massachusetts H.R. 2161: Mr. CAPUANO. H.R. 5143: Mr. KENNEDY and Mr. MORAN of RAYSON H.R. 2240: Mr. ELLISON. Virginia. and Mr. G . H.R. 2408: Ms. RICHARDSON. H.R. 5162: Mrs. MCMORRIS RODGERS and Mr. H. Res. 1279: Mr. CARTER. H.R. 2483: Mr. VISCLOSKY and Ms. CHU. MICHAUD. H. Res. 1302: Ms. ROYBAL-ALLARD. H.R. 2624: Mr. GRIJALVA. H.R. 5173: Mr. MARSHALL. H. Res. 1306: Ms. EDWARDS of Maryland. H.R. 2740: Mr. NADLER of New York. H.R. 5207: Mr. MELANCON. H. Res. 1365: Mr. CAMPBELL. H.R. 3025: Mr. ISRAEL. H.R. 5211: Mr. GRIJALVA, Ms. CHU, and Mr. H. Res. 1368: Mr. GORDON of Tennessee, Mr. H.R. 3077: Mr. MAFFEI. FILNER. FRANK of Massachusetts, and Mr. MURPHY of H.R. 3140: Mr. PLATTS. H.R. 5213: Mr. SABLAN. Connecticut. H.R. 3186: Mr. RYAN of Ohio. H.R. 5214: Mr. MAFFEI, Mr. LEVIN, Mr. H. Res. 1379: Ms. WASSERMAN SCHULTZ, Mr. H.R. 3202: Ms. HIRONO. ROTHMAN of New Jersey, and Mr. SIRES. LEWIS of Georgia, and Ms. MOORE of Wis- H.R. 3225: Mr. COHEN. H.R. 5234: Mr. JONES and Mr. BOYD. consin. H.R. 3264: Mr. MORAN of Virginia. H.R. 5235: Mr. HOLDEN. H. Res. 1383: Mr. AKIN. H.R. 3349: Mr. MITCHELL. H.R. 5268: Ms. ROYBAL-ALLARD, Mr. H. Res. 1398: Mr. CROWLEY and Mrs. H.R. 3375: Mr. MCCOTTER. MAFFEI, and Mr. OLVER. MALONEY. H.R. 3380: Mr. RODRIGUEZ. H.R. 5298: Ms. WATERS. H. Res. 1401: Mr. COSTELLO, Mrs. MILLER of H.R. 3415: Mr. REHBERG and Mr. ELLS- H.R. 5299: Mrs. CAPITO. Michigan, Ms. WASSERMAN SCHULTZ, Mrs. WORTH. H.R. 5309: Mr. PRICE of North Carolina. CAPPS, Mr. SCOTT of Georgia, Ms. HIRONO, H.R. 3464: Mr. HINCHEY. H.R. 5313: Mr. CASTLE. and Mr. LEWIS of Georgia. H.R. 3517: Mr. CAPUANO. H.R. 5318: Mr. JONES and Mr. PRICE of Geor- H. Res. 1414: Mr. QUIGLEY, Mr. SHIMKUS, H.R. 3564: Mr. GENE GREEN of Texas. gia. Mr. COSTELLO, Mr. SCHOCK, Ms. JACKSON-LEE H.R. 3656: Mr. NYE. H.R. 5324: Mr. FRANK of Massachusetts. of Texas, Mr. ROSKAM, Mr. LIPINSKI, and Mr. H.R. 3712: Mr. MOORE of Kansas, Mr. HARE, H.R. 5355: Mr. RYAN of Ohio, Mr. BRALEY of MEEKS of New York. Mr. PETERSON, Mr. OLVER, Mrs. MALONEY, Iowa, Mr. ACKERMAN, Ms. SCHAKOWSKY, and H. Res. 1420: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. CRITZ, and Mr. PAYNE. Mr. KILDEE. fornia, Mrs. CHRISTENSEN, Mr. FARR, Mr.

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Vol. 156 WASHINGTON, TUESDAY, JUNE 8, 2010 No. 85 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a changes from what has been done in called to order by the Honorable Senator from the State of New Hampshire, the House. The main change is the fact JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. that we are adding to this money—I State of New Hampshire. ROBERT C. BYRD, think most of us have received calls President pro tempore. from our Governors—dealing with PRAYER Mrs. SHAHEEN thereupon assumed Medicare. That is a matter that is the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- going to be laid down by the chairman pore. fered the following prayer: of the Finance Committee. Let us pray. f f Eternal Spirit, today strengthen our RECOGNITION OF THE MAJORITY GULF OILSPILL Senators to do Your will on Earth, LEADER Mr. REID. Madam President, I had even as it is done in heaven. Give them The ACTING PRESIDENT pro tem- the good fortune of having been put on the wisdom to put their trust in You, the Environment and Public Works expecting You to shield them from dan- pore. The majority leader is recognized. Committee from the first day I came to ger and to lead them to a desired des- the Senate. It has been a great experi- tination. May they find joy in obeying f ence to serve on that committee. I Your word. SCHEDULE have served under Chairman Chafee, Lord, let Your glorious Name be duly Chairman Moynihan, and Chairman honored and loved by all who labor for Mr. REID. Madam President, following leader remarks, the Senate will BAUCUS. Some remember I gave up my liberty. Give us the humility to know chairmanship for Jim Jeffords from that none of us has a monopoly on turn to the consideration of the House message to accompany H.R. 4213, the Vermont. The committee is terrific. I Your truth and that we all need one an- love the jurisdictional swing that com- other to discover Your guidance to- American Jobs and Closing Tax Loop- holes Act. The Senate will recess from mittee has. gether. You are the judge of all human- As a result of this background, I have 12:30 p.m. to 2:15 p.m. for the weekly ity. Look with favor upon us today and watched the oilspill in the gulf very caucus luncheons. Rollcall votes are always. closely. But I say to everyone within We pray in Your Holy Name. Amen. expected to occur throughout the day the sound of my voice, you do not have in relation to amendments to the tax f to have longstanding experience on the extenders bill. Environment and Public Works Com- PLEDGE OF ALLEGIANCE Chairman BAUCUS is here. As soon as mittee to understand how terrible this the leader remarks are finished, he will The Honorable JEANNE SHAHEEN led has been to the environment. We do lay down the amendment that is the the Pledge of Allegiance, as follows: not know the outcome of the degrada- substitute for the House message. I tion to our environment as a result of I pledge allegiance to the Flag of the hope people will study this legislation United States of America, and to the Repub- this tragedy, and that is what it is. The lic for which it stands, one nation under God, and determine what, if any, amend- Coast Guard admiral who is in charge indivisible, with liberty and justice for all. ments they wish to offer. We are going has indicated there is no longer a to have to work hard on this legisla- f plume. There is oil going in different tion. We will not be able to work late places. Remember, the oil well is a APPOINTMENT OF ACTING today because of some events that are mile below the surface of the ocean. So PRESIDENT PRO TEMPORE taking place away from the Capitol to- there are tar balls, sheets of oil for night that involve both Democratic The PRESIDING OFFICER. The hundreds and hundreds of miles. Sadly, and Republican Senators. clerk will please read a communication the worst is probably yet to come. On Thursday, we will deal with the to the Senate from the President pro The one thing we tend not to focus on Murkowski resolution. That is under a tempore (Mr. BYRD). very much is the loss of life. Of course, previous order that has been entered. The assistant legislative clerk read we see the dead animals, and that is I hope that today and tomorrow, peo- the following letter: tragic. It is so sad. A pelican is an ani- ple will offer their amendments be- mal. It is not on the endangered species U.S. SENATE, cause we are going to have to wind this PRESIDENT PRO TEMPORE, list. We took it off that list in the last Washington, DC, June 8, 2010. down as quickly as we can. I want to year or so. Now these animals are To the Senate: make sure people have the opportunity dying by the dozens every day. Under the provisions of rule I, paragraph 3, to offer amendments. It is pretty clear What we do not focus on as a result of the Standing Rules of the Senate, I hereby what is in it. There are relatively few of the negligence—gross negligence—

∑ 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 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4630 CONGRESSIONAL RECORD — SENATE June 8, 2010 perhaps criminal acts of BP is that 11 ance premiums. In other words, behind the House amendment to the Senate amend- people are dead; 11 people were killed. every $250 check is more than three ment to H.R. 4213. That seems to be overshadowed a lot of seniors who will be paying more as a Mr. BAUCUS. Madam President, I times. Eleven people are dead. Broth- result of this bill. The reason for this is ask unanimous consent that the readers, fathers, and sons were killed on that the health care bill Democrats ing of the amendment be waived. the night of that terrific explosion. I forced on Americans earlier this year The ACTING PRESIDENT pro tem- hope we do not, in spite of the horrible requires higher government-mandated pore. Without objection, it is so or- conditions that have been caused to minimum standards for everyone. dered. our environment, lose track of the fact Those who opted for anything below (The amendment is printed in today’s that this is a personal tragedy for lots that minimum will now see their pre- RECORD under ‘‘Text of Amendments.’’) of people. Eleven people were killed miums go up, and the number of sen- Mr. BAUCUS. Madam President, a and many others were injured. The iors in this category far, far out- few moments ago, the Republican leader sought once again to throw mud at American people are going to have to numbers those getting a check. The ad- the new health care law that Congress not forget the personal tragedies of ministration can tout the check it is enacted earlier this year. Let me take these people who were lost. I am sure giving out to some seniors, but by fail- a moment to set the record straight. they will not. ing to mention those seniors for whom The Republican leader said the pre- I thought it important this morning it is causing rates to go up, it is hiding miums would go up for some Ameri- to remind everyone that this is cer- the whole truth. cans. What the Republican leader did tainly an environmental disaster. But That has been the story all along not say is the nonpartisan Congres- for the persons involved as a result of about this bill—a lot of promises that sional Budget Office found that health the cutting of corners that BP did—it could not be kept. That is why the care reform would lower premiums for is not just me talking. We see it on TV story now is not the bill itself but the the overwhelming majority of Ameri- shows and the evidence is coming in. I administration’s broken promises. cans. After taking into account the tax talked with one oil executive over the Americans never wanted this bill. They credits to help buy insurance, health weekend, and he is flabbergasted. He is never wanted it in the first place. And insurance will cost less for 9 out of 10 flabbergasted as to what had taken they are reminded every day why they Americans—no small amount. place. There was no redundancy. This opposed it. The Republican leader mocked the company simply did not follow rules Madam President, I yield the floor. new payments to seniors the President that are in place to prevent things like f is highlighting today; that is, the $250 this from happening. RESERVATION OF LEADER TIME for drug benefits. The President made f the point that that is important for The ACTING PRESIDENT pro tem- seniors. The truth is, seniors will wel- RECOGNITION OF THE MINORITY pore. Under the previous order, the LEADER come the help they will soon be receiv- leadership time is reserved. ing to pay for prescription drugs in The ACTING PRESIDENT pro tem- Mr. BAUCUS. Madam President, I their coverage gap, the so-called pore. The Republican leader is recog- suggest the absence of a quorum. doughnut hole. Starting very soon sen- nized. The ACTING PRESIDENT pro tem- iors will receive $250 to help pay for f pore. The clerk will call the roll. their prescriptions. By the time health HEALTH CARE The legislative clerk proceeded to care reform is fully phased in, we will call the roll. have completely eliminated the dough- Mr. MCCONNELL. Madam President, Mr. BAUCUS. Madam President, I nut hole. This is something seniors amid all the various crises Americans ask unanimous consent that the order care about very much. face at the moment, one of the most for the quorum call be rescinded. No longer will seniors have to choose exasperating has to be the increasingly The ACTING PRESIDENT pro tem- between their rent and the prescrip- high cost of health care. The American pore. Without objection, it is so or- tions they need. No longer will seniors people do not understand how an ad- dered. have to cut their pills in half just to ministration that devoted more than a f get by. No longer will seniors live in year talking about health care could unnecessary pain just because of drug AMERICAN JOBS AND CLOSING end up with a bill that actually raises costs. So the fact is, health care reform TAX LOOPHOLES ACT OF 2010 the cost of care instead of lowering it. will help to control the costs in health Seniors are particularly upset about Mr. BAUCUS. Madam President, I care. Health care reform will reduce this legislation, and that is why the ask that the Chair lay before the Sen- costs for the taxpayer over the decades White House is staging an event today ate a message from the House with re- to come. That is not my assertion, it is aimed at convincing them they are ac- spect to H.R. 4213. that of the Congressional Budget Of- tually getting a good deal. But seniors The Acting President pro tempore fice. Health care reform will increase are right to be skeptical. They were laid before the Senate the following access to lifesaving medical treatments told this law would strengthen Medi- message from the House of Representa- for millions of Americans who all too care, when, in fact, it takes $1⁄2 trillion tives: often now must do without. out of Medicare to fund a new govern- Resolved, That the House agrees to the Madam President, on the matter bement program. They were also told amendment of the Senate to the bill (H.R. fore us today, 15 million Americans that if they liked their plan, they could 4213) entitled ‘‘An Act to amend the Internal have lost their jobs during this great keep it. Yet now we hear that millions Revenue Code of 1986 to extend certain expir- recession. Although the unemployment of seniors will lose their Medicare Ad- ing provisions, and for other purposes,’’ with rate came down some last month, it re- vantage benefits they already have and the House amendment to the Senate amend- mains near 10 percent. At the depth of like as a result of the Democratic ment. the great recession, during the first health care bill. MOTION TO CONCUR WITH AMENDMENT NO. 4301 months of last year, the economy lost The centerpiece of today’s event is a (Purpose: In the nature of a substitute) an average of 750,000 jobs a month. $250 rebate check the administration Mr. BAUCUS. Madam President, I That is practically the population of will pass out to the fraction—frac- move to concur in the House amend- my State. We have come a long way tion—of seniors who qualify for it. I am ment to the Senate amendment to the since then. Even if we exclude tem- sure anyone who gets these checks is House bill with an amendment which I porary census jobs, in the first 5 happy to take that extra cash, espe- send to the desk. months of this year the economy has cially in the current economy. What The ACTING PRESIDENT pro tem- created nearly half a million new jobs. the administration, however, will not pore. The clerk will report the amend- But we still have a lot more to do. We mention at today’s event is that for ment. have to get more Americans back to every senior who gets a check, more The legislative clerk read as follows: work. than three other seniors will see an in- The Senator from Montana [Mr. BAUCUS] We began doing just that with the crease in their prescription drug insur- proposes an amendment numbered 4301 to Recovery Act. We enacted that as one

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4631 of the first things the new Congress did tients will take a 21 percent pay cut. Several factors have combined to rein February of last year. According to More and more physicians are threat- quire these higher contributions. the nonpartisan Congressional Budget ening to leave the Medicare and There is the funding changes of the Office, the Recovery Act increased by TRICARE programs if this happens. Pension Protection Act of 2006. between 1.2 million and 2.8 million the Seniors and military families could There is the slide in the stock mar- number of Americans employed. lose access to their doctors. ket in 2008. We continued getting more Ameri- We cannot keep postponing this issue And then there is the ensuing great cans back to work with the Hiring In- every month or two. Seniors worry recession. centives Act that we enacted in March they will lose their doctors. And physi- These requirements for higher con- of this year. The HIRE Act should help cians cannot run a business with this tributions are coming upon employers to bolster job creation in coming much uncertainty. just when they are facing lower asset months. We need to pass a long-term reform. values and lower cash flow. Meeting We are continuing again today with I would life to fix the problem perma- the new funding rules could divert re- the American Jobs and Closing Tax nently. But the votes are not there sources that employers could use to Loopholes Act. This bill would create today. We will permanently reform keep workers on the payroll. jobs by improving our Nation’s infra- Medicare’s system to compensate doc- We addressed this bind temporarily structure. It would reduce the cost to tors as soon as we can. in 2008. But employers are still facing local governments to build roads, In the meantime, this bill provides the prospect of closing plants and bridges, and water treatment facilities security to doctors and the patients stores. Employers are still faced with that would create jobs. they see for the next year and a half the possibility of letting workers go in This bill would also extend provisions through 2011. It provides a modest pay- order to make up for lost asset values. that expire at the end of May. These ment increase to physicians for the This bill contains additional tem- provisions would provide important re- rest of this year and next year. porary, targeted, and appropriate relief lief for many Americans. This multi-year provision would pre- for these employers. And at the same Americans who are out of work are vent the untenable cut in physician time, the bill still maintains the pen- depending on our job creation efforts. payments. And this bill would provide sion security system. These tough economic times have hit This bill extends the needed lifeline of a pathway to a permanent change in the States hard, as well. In last unemployment benefits to more than 5 how doctors are paid. month’s employment report, for exam- million Americans who would not be The budget rules have to score a per- ple, State and local governments cut able to support themselves or their manent reform as a cost. But we all 22,000 jobs. families without this help. know that this is something that we So, included in the substitute amend- We are talking about people who have to do for America’s seniors, mili- ment is a 6-month extension of the ad- have worked, want to work, and will tary families, and doctors. ditional Federal financial assistance work again. These are our neighbors. This bill would also provide tax relief for State Medicaid programs. This And they need our help. for American families and businesses. would allow States to plan for their In my home State of Montana, we This bill would help communities that next fiscal year with the greater cer- have seen some promising signs of re- have suffered a natural disaster. And tainty. covery. In Yellowstone County, unem- this bill includes important tax incen- Additional Federal Medicaid match ployment is down from 6 percent in tives to improve America’s energy money, known as FMAP, helps the March to 5.2 pesent in April. That is independence. economy grow. According to the econo- good news. But there still remain peo- For individuals and families, this bill mist Mark Zandi, this funding has a re- ple who need our help. provides much-needed tax relief in a turn on investment of about $1.40 for Some counties in Montana have un- time of economic uncertainty. every dollar invested. employment as high as 16.8 percent. In This bill would extend the teacher The nation’s governors have repeat- Montana, as with the rest of country, expense deduction for teachers who buy edly asked for an extension of this Fed- we have seen an increase in people school supplies for their classrooms. eral assistance. And this bill answers looking for work. And it would extend the qualified tui- their pleas. Unemployment rates will continue to tion deduction to help with college With so many Americans out of hover around 10 percent even as the costs. work, our country needs Congress to economy improves. As the economy This bill would extend much-needed enact this legislation. adds jobs, many unemployed people relief for communities that have suf- This bill continues valuable tax in- grow more hopeful and resume their fered from natural disasters. centives to families and businesses search for work. That is one reason And it would extend important busi- that will help them in these difficult why economists call unemployment a ness tax provisions to help create jobs economic times. And the bill sustains lagging economic indicator. and make our companies competitive vital safety-net programs that will also The bill that we are considering in a global economy. help foster economic growth. today includes improvements to the The bill would extend the research This legislation is important to the unemployment insurance program. and development credit to help busi- American people. It would prevent mil- This bill would eliminate the penalty nesses to continue to be on the cutting lions of Americans from falling in unemployment insurance for getting edge. through the safety net. It would extend part-time or temporary work. Under The bill would also extend important vital programs that are set to expire. It current law, if people who are unem- energy tax incentives. For example, would put cash in the hands of Ameri- ployed take part-time or temporary the bill would extend the dollar-per- cans who would spend it quickly, jobs, and then lose that job, they re- gallon credit for biodiesel and renew- boosting economic demand. And it ceive lower benefits than people who able diesel. And the bill would extend would extend critical programs and tax did not take short-term work. This bill the manufacturer’s credit for the con- incentives that create jobs. corrects that inequity. struction of new energy-efficient And so, let us help America’s busi- This bill also expands the Trade Ad- homes. nesses to create more jobs. Let us join justment Assistance Community Col- In addition to these important provi- together to work across the aisle on lege and Career Training Program. The sions that provide direct assistance in this common-sense legislation. Let us bill would broaden the program to in- job creation, the bill includes other enact these tax incentives and safety- clude workers who are eligible for un- proposals that will provide relief for net provisions into law. employment insurance. This will help businesses and individuals. I yield the floor, and I suggest the ab- more Americans who are looking for One such provision is pension funding sence of a quorum. work to get the education and looking relief. The ACTING PRESIDENT pro tem- career training that they need. With the weak economy, American pore. The clerk will call the roll. If we do not pass this bill, doctors employers are faced with the need to The legislative clerk proceeded to who see Medicare and TRICARE pa- make higher pension contributions. call the roll.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4632 CONGRESSIONAL RECORD — SENATE June 8, 2010 Mr. ALEXANDER. Madam President, law. That does not sound like ‘‘in- Finally, it says the new law preserves I ask unanimous consent that the order creased quality health care’’ to me. and strengthens Medicare. That is also for the quorum call be rescinded. No. 2, the second paragraph of the disingenuous, because the new law does The ACTING PRESIDENT pro tem- brochure says: The new health care law not include paying doctors who serve pore. Without objection, it is so or- will keep Medicare strong and solvent. Medicare patients proper compensa- dered. Here is the truth, at least as we see tion. We call this the sustainable HEALTH CARE REFORM it. The $529 billion in cuts to Medi- growth rate, the SGR. Some people call Mr. ALEXANDER. Madam President, care—no one disputes that we have it the doc-fix. One would think a com- I get a fair amount of mail. I received those—are being used to pay for a $1 prehensive health care law would in- the other day a nice envelope from the trillion—when fully implemented over clude proper compensation for doctors Department of Health and Human 10 years—health care bill, not to shore who serve Medicare patients, but it Services addressed to Andrew L. Alex- up Medicare. does not. Why? It would have, accord- ander, Jr., in my Nashville residence, According to the same people who ing to the President’s budget, added with a nice brochure here: Medicare put out this brochure, the CMS Chief $371 billion to the cost of the bill and and the New Health Care Law; What It Actuary, you cannot double-count the made it add to the debt, which we said Means to You. Medicare cuts as both paying for ex- it would. I am one of those 40 million Ameri- panding the health care delivery sys- So what did we do instead? We sim- cans who is 65 or older, so I am a part tem and increasing the solvency of the ply passed a health care law, the ma- of Medicare. I was very interested to program. I mean, common sense says if jority did, and claimed it doesn’t add read the brochure, because I spent a lot you take $529 billion out of Medicare to the debt, expand the health care de- of time, as did the Senator from New over the first 10 years, or $1 trillion out livery system—which we all know costs Hampshire, and the Senator from Mon- of Medicare over 10 years, when it is too much already—and went on our way. And we still have with us the big tana probably spent even more, on the fully implemented, and you spend al- cut in payments to doctors which will new health care law. most all of that on something other As I read through this brochure, it than Medicare, that is not the way to increasingly create, for those on Medi- care, a sort of health care bridge to no- did not bear very much relationship to make Medicare more solvent, even if it where or to the emergency room, as we the way I understood the law I voted on is a new Medicare Program. Any sav- find Americans who are on the big gov- Christmas Eve at the end of last year ings from Medicare, we believe, ought ernment programs, Medicare and Med- when we passed this health care law. to be spent on Medicare, rather than This brochure, which has been mailed running up the fiscal deficit in Medi- icaid, unable, in the case of Medicaid at taxpayer expense to more than 40 care. or Medicare, to find doctors who are million Americans, is an attempt by No. 3, on the second page, the bro- willing to serve them at the lower rates and, in the case of those who go the administration to explain that the chure says if you are in a Medicare Ad- to Walgreens in Washington State, a health care law does what it does not vantage plan, you will still receive drugstore company that won’t fill do or does not do what it does. Let me guaranteed Medicare benefits. This is present description drugs for Medicaid be specific about why I say that. one of the most disingenuous comments in the brochure. If you read that patients because of the low rates. Throughout the debate, those of us on I am disappointed that the adminis- and are one of the more than 11 million the Republican side of the aisle said tration, in its effort to make the people on Medicare Advantage, you the health care law would cut Medi- health care law sound better, would would think: My Medicare Advantage care, raise premiums, raise taxes, pass send out what amounts to propaganda. must be OK. The truth is, Medicare Ad- Medicaid costs on to States, and add to There is a Federal law against propa- vantage plans will have less generous our national debt. Those on the other ganda. It says annual appropriations benefit packages, according to the side said we were wrong. Since they can’t be used for publicity or propa- had the votes, they passed the bill. It is CMS, the group that puts this out, ac- ganda purposes within the United now law. But let me take two or three cording to the Chief Actuary. He says States. I know a little about that. examples from the mail I got the other it will result in less generous benefit When I was Education Secretary in 1991 day. The brochure claims, in the first packages. The Congressional Budget and 1992, I sent out what I thought was paragraph, that the new health care Office Director Doug Elmendorf testi- a very carefully written article to law will result in ‘‘increased quality fied that fully half the benefits cur- teachers about President Bush’s, the health care.’’ Well, that would mean, rently provided to seniors under Medi- first, education program, and the to me, I would think, as I read that, care Advantage would disappear under Democrats in Congress hauled me up that I, an individual on Medicare, or the proposal in the earlier bills offered before the committee and had the Gen- that any individual in the United by the Senator from Montana, which eral Accounting Office investigate me States, would continue to have at least were virtually the same as this bill. and castigated me for putting out pub- the coverage I am having today and Here is the difference. They will licity and propaganda in violation of hopefully more. come back and say: But we said ‘‘guar- the law. Some House Members have Yet Medicare’s own Chief Actuary anteed benefits.’’ They would be right written the General Accounting Office noted in an April 22 memorandum that about that. But guaranteed Medicare and said this violates the law. I don’t without intervening legislation to cor- benefits are what everybody has. If one know whether it violates the law, but rect a payment cut in the new law, wants Medicare Advantage, which they it doesn’t tell the truth in the way we some providers would ‘‘end their par- pay a little more for to cover dental, Medicare beneficiaries deserve to have ticipation in the program’’—that is vision, and hearing, or other extra ben- the truth told to us about what the Medicare—with the effect of ‘‘possibly efits, that is why they buy Medicare health care law does. I am disappointed jeopardizing access for beneficiaries.’’ Advantage. The truth is, the Medicare in it. I hope the Center for Medicare It looks to me if you want to be accu- cuts in the health care law will limit and Medicaid Services will be more ac- rate in writing 40 million Americans plan choices and reduce benefits for al- curate in the future and present a more about what is happening with Medi- most 11 million seniors enrolled in balanced characterization of the law. I care, you would add that in there and Medicare Advantage on those extra am sure during the rest of this year say there is another view by the Chief benefits. That is relatively one-fourth there will be a great many Americans Actuary of Medicare in the Obama ad- of all seniors in Medicare, and there who will take a closer look at the law ministration. are 40 million of us in Medicare. In my and agree with Republicans who said The Chief Actuary also concluded State of Tennessee, there are nearly a no to this because it will raise pre- that 15 percent of Part A providers—we quarter of a million on Medicare Ad- miums, raise taxes, and it will send mean by that hospitals, skilled nursing vantage who will lose those benefits. new costs to States and will cut Medi- facilities, hospices, home health agen- So it is not true—or at least it is dis- care. cies—may be unable to sustain their ingenuous—that benefits will not I yield the floor. operation in the next 10 years as a re- change. Guaranteed benefits won’t, but The ACTING PRESIDENT pro tem- sult of drastic Medicare cuts in the new extra benefits likely will. pore. The Senator from Montana.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4633 Mr. BAUCUS. Madam President, it is he took issue with the paragraph that comes, higher quality, not just the with interest that I listened to my col- said the new law increases the quality standard ‘‘you get the same rate’’ league from Tennessee for several rea- of health care. Of course, the new law benchmark compared with fee for serv- sons. One, he is debating a law that has increases the quality of health care. ice and so forth. A CEO of a major already passed. It is strange to me that The Senator from Tennessee is sowing Medicare Advantage plan said: Sen- he wants to relitigate health care re- the seeds of doubt as to whether this ator, we think that is good policy. We form. But it is not so strange because I new law actually does increase the like that. We are ready. We are anx- know that that is the tack the other quality of health care. Let me explain ious. We want to do a real good job. We side is going to be taking for the rest of how it does. First, there is delivery think that is a good change in the law. this year. At every opportunity, Sen- system reform. We get rid of a lot of That is going to, frankly, help senators on the other side of the aisle, all the waste in the American health care iors—higher quality, better benefits of whom voted against health care re- system. It is paid on the basis of qual- under Medicare Advantage plans. That form, will sow the seeds of doubt in the ity, not on the basis of quantity and will help. minds of the American people. They volume. Every expert who has looked Essentially, I want to make it clear, don’t come up with constructive ideas at the American health care system the Senator from Tennessee complains on how to improve the work of some- knows we have to move in this direc- the health care law did not correct for thing that has already passed into law. tion. This bill does that. It is going to payment of doctors. Here is his oppor- Rather, they stand on the law and tear reimburse doctors, hospitals, and tunity. He could vote for this bill down something that has passed, sow- health care providers more on the basis today. If he doesn’t want doctors to ing the seeds of doubt with misin- of quality outcomes than on the basis take a 21-percent cut, if he doesn’t formation. of the number of services provided or want that, he should vote for this bill. It is unfortunate, because it has the quantity of services. This bill before us today would prevent caused the American people to wonder The doughnut hole will be filled. that cut from taking place. who they can trust, especially when That will increase the quality of health I very much look forward to seeing one side only speaks ill of a major pro- care for seniors. The statement that the Senator from Tennessee voting for gram such as health care rather than the Senator refers to from the HHS Ac- this bill so that doctors do not get a trying to come up with constructive tuary actually says that health care cut in their payment. That would be ideas. That is what is happening right reform will extend the life of the Medi- the right thing to do, support this bill now. We heard a statement from a Sen- care trust fund for another decade. I so doctors don’t get cut. ator who is trying to basically score think that improves the quality of Again, the Senator takes issue with points in the November elections by health care. Anyone who objectively the assertion that health care reform sowing the seeds of doubt and confu- has looked at the health care reform would help keep Medicare solvent. The sion over health care reform. legislation and attempted to determine fact is, the nonpartisan Medicare Actu- The truth is not what the Senator one issue; that is, the life of the Medi- ary said health care reform will extend just said. The Senator from Tennessee care trust fund, has concluded that the the life of the Medicare trust fund for takes issue with efforts of the govern- passage of health care reform will ex- a decade longer. ment to explain the new health care tend the life of the Medicare trust fund I return to my first point: The health law. He is implying that it is disingen- for 8 to 10 years. That clearly gives care reform law has passed. The Presi- uous, that it is not fair, that it is one- seniors a little peace of mind. It is dent signed it. My gosh, why don’t we sided. I remind all my colleagues that going to be there. It gives peace of work together constructively, both when the drug benefit came out, pro- mind to people who are about to be sides, with good points, praise, criti- posed by the administration of a dif- seniors, that it is going to be there. cism, both sides of the aisle, all con- ferent political philosophy, they didn’t That is a major improvement in qual- structively to help the American peo- pay for it—all unpaid for, every red ity. ple? Why are we here? We are here to cent. They put all kinds of literature It is true what the brochure says. It help the American people. We are not out, all kinds of brochures to tout the does increase the quality of health here to score political points. We are drug benefit. There were some who care. There is no doubt about it. Any- the hired hands. We are the employees. thought it wasn’t fair. There were one who thinks otherwise should think We work for the American people. The some who thought it was biased. I will through the entire legislation and be American people want good health care not litigate that issue, but I do know objective about it. reform. They want costs lower, and that charge was made many times No. 2, he refers to the assertion that they want higher quality care. So let when the administration of a different it keeps Medicare strong and solvent us work together to help the American political persuasion was touting the and claims that is not true. The Actu- people get that. That is what we should drug benefit legislation that passed not ary says that health care reform will be doing here, not trying to score polit- too long ago. extend the life of the Medicare trust ical points and cause disruptions for I have spoken with this administra- fund for another decade. That is 100 the American people for the upcoming tion several times about getting the percent refuted. elections in November. proper information out; that is, not to Third, the Senator from Tennessee I yield the floor. tilt, gild the lily, bias. At hearings I quibbles with the assertion that Medi- The PRESIDING OFFICER (Mr. have made that clear to administration care Advantage beneficiaries will con- UDALL of New Mexico). The Senator officials. I for one do not want this ad- tinue to receive their guaranteed bene- from Florida is recognized. ministration or any administration to fits. The Senator at first admits this is Mr. LEMIEUX. Mr. President, I ask be unfair in explaining the program to true, but the larger point is that health unanimous consent to speak as in the American people. I think the bro- care reform reduces overpayment to morning business. chure the Senator talks about is fair Medicare Advantage plans. And why The PRESIDING OFFICER. Is there and straightforward. I just happened to should other beneficiaries pay extra for objection? pull up the Web site yesterday and the overpayments made to some people Without objection, it is so ordered. looked at it to see what it said. I was who are beneficiaries of Medicare Ad- VENEZUELA impressed. There is a lot of informa- vantage plans? I have talked to a lot of Mr. LEMIEUX. Mr. President, I am tion there I didn’t know about. It executives who work for Medicare Ad- here again today to talk about my con- didn’t at all come across to me, trying vantage plans in the last week or so. cerns that are emerging from the prob- to be objective and fair, as one-sided. It They are interested, and they like it. lems we are seeing in Venezuela. was an honest effort to explain to the They like the change in the law. Why? Last May 25—just a couple weeks American people what health care re- Because they know they are going to ago—I wrote a letter to the Secretary form is. be reimbursed now more on the basis of of State, Secretary Clinton, that was The new law takes steps to improve quality. signed by 11 of my colleagues and my- the quality of health care. Let me go Medicare Advantage plans will be self. Senator ENSIGN from Nevada and I back to what the Senator said. No. 1, paid more if they can show better out- wrote this letter together, and we were

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4634 CONGRESSIONAL RECORD — SENATE June 8, 2010 welcome to have 10 other Senators join There being no objection, the mate- Granda, Marin Arango (aka Ivan Marquez), in the letter to Secretary Clinton to rial was ordered to be printed in the and Rodrigo London Echeverry (aka speak about our concern—in fact, what RECORD, as follows: Timochenko or Timoleon Jiminez) able to we would call a gathering storm of con- operate and move freely within Venezuela? U.S. SENATE, Do you agree with Director of National In- cern—about the country of Venezuela. Washington, DC, May 25, 2010. telligence (DNI) Dennis Blair’s March 2009 The letter seeks to have a review by Hon. HILLARY RODHAM CLINTON, testimony before the Senate Armed Services the Secretary of State and the Depart- Secretary of State, U.S. Department of State, Committee in which he stated that despite ment of State as to whether Venezuela Washington, DC. setbacks brought about by the Colombian DEAR SECRETARY CLINTON: We are deeply should be added to the list of states government’s tireless efforts ‘‘the FARC concerned about Venezuelan President Hugo that we consider state sponsors of ter- leadership has shown no signs it seeks to end Cha´ vez’ growing ties with U.S.-designated hostilities or participate in serious peace ror. The letter goes through a number foreign terrorist organizations and state talks’’ and further, that the FARC benefits of issues I have spoken about on the sponsors of terrorism. This letter is to floor before concerning some very from cross-border sanctuaries in Venezuela? present you with a number of questions that It is well known that cocaine trafficking questionable behavior by Hugo Chavez we believe should be thoroughly addressed funds FARC operations. The United Nations and Venezuela. within the Department of State’s 2009 Coun- World Drug Report for 2009 revealed that One of the issues it talks about is the try Report on Terrorism which was due to nearly one-third of all cocaine produced in support of Venezuela for the narco- Congress on April 30, 2010. We realize that the Andean region passes through Venezuela. terrorists in Colombia, the FARC. Evi- thorough answers to some of these questions To what extent does the Venezuelan govern- dence has come forward that Ven- may require a classified annex. ment’s involvement in the international ezuela’s weapons have found their way PRESIDENT CHA´ VEZ’ SUPPORT OF FARC drug trade allow for millions of dollars to into the hands of these narcoterrorists. The Revolutionary Armed Forces of Co- flow into the coffers of narco-terrorists? Another of the things we talk about lombia (FARC) is South America’s oldest Recently, the Treasury Department, in an in the letter is the concern with a plot and best armed terrorist group. As pointed unprecedented move, labeled an active for- out in the 2008 Country Report on Terrorism, that was revealed by a Spanish judge in eign military official as an international the FARC is notorious for carrying out a full drug ‘‘kingpin’’ for enabling massive ship- March of this past year—a plot to as- range of terrorist activities to include ments of cocaine from Venezuela into West sassinate President Uribe in Colombia, kidnappings, murders, mortar attacks, hi- Africa. Americans are now banned from where the Spanish judge has accused jackings, and bombings against Colombian doing business with Ibraima Pap Camara, Venezuela of being behind that plot, political, military, and economic targets. the Air Force Chief of Staff in Guinea Bissau along with a Spanish terrorist group On March 1, 2008, a Colombian military and the former head of Guinea-Bissau’s Navy called the ETA. strike against a FARC camp in Ecuadorian and Jose Americo Bubo Na Tchuto, and any territory successfully killed senior FARC assets the two might have had in the United The letter also speaks about ´ Hezbollah’s activities in Venezuela— members, including Luis Edgar Devia Silva States are now frozen. (aka Ra´ ul Reyes). Silva was a known ter- Hezbollah, the Middle Eastern terrorist To what extent are drugs from Venezuela rorist responsible for numerous atrocities flowing into West Africa, and what impact group, supported by Iran. within Colombia, and his death and the sub- does that have on political corruption, drug The letter also speaks of the trou- sequent capture of his computer laptop pro- smuggling, and terrorist operations in the bling new information that for at least vided a treasure trove of intelligence. Cha´ vez region? Should President Cha´ vez be held ac- 3 years Venezuela and Iran have been mourned the loss of Reyes and eulogized this countable under the Kingpin Act for his role putting factories together in remote terrorist as a ‘‘good revolutionary’’ while in the flow of drugs to the rest of the world? areas of eastern Venezuela, which is amassing troops on the Colombian border in How much do terrorist groups such as Al- the area believed to be rich in uranium. an attempt to intimidate his Latin American Qaida in the Islamic Maghreb (AQIM) profit In December of 2008, Turkish customs neighbor. from trafficking drugs that originate in or authorities caught one of these joint In light of what the U.S. government has flow through Venezuela? What specific steps discovered from the ‘‘Reyes’’ documents and companies, literally called VenIran— is the United States taking to cooperate ef- other sources, we ask that the annual ter- fectively with countries in South America, ‘‘Ven’’ for Venezuela—a ‘‘tractor fac- rorism report provide attention to the fol- North Africa, and the Sahel to blunt the tory,’’ attempting to smuggle 22 con- lowing questions: trafficking of drugs across the Atlantic and tainers of explosive materials labeled What does the information found on Reyes’ into West Africa? computer reveal with regard to the depth of as ‘‘tractor parts.’’ HEZBOLLAH’S ACTIVITIES IN VENEZUELA the relationship and support that the FARC Since 2007, we have pointed out, there Prior to September 11, 2001, no terrorist have been direct flights between Cara- receives from high-ranking officials in the ´ group had killed more Americans than Leb- cas, Venezuela, and Tehran, Iran, with- Chavez government? Based on information gleaned from the laptop, what type of sur- anon-based Hezbollah. On June 18, 2008, the out proper controls or customs verifi- face-to-air missiles or man-portable air de- U.S. Treasury Department’s Office of For- cations. fense systems (MANPADs) has Venezuela eign Assets Control announced that it was We have also pointed out in the let- provided to the FARC or enabled the FARC freezing the U.S. assets of two Venezuelan ter there are increasing paramilitary to obtain, and what threat do those systems based supporters of Hezbollah—Ghazi Nasr al Iranian forces operating in Venezuela. pose to Colombia and U.S. counterdrug ef- Din (a Cha´ vez employed ‘‘diplomat’’) and We know from recent reports from forts in the region? Fawzi Kan’an for providing direct support to the IAEA, the International Atomic In September 2008, the U.S. Department of Hezbollah. According to the Department of the Treasury’s Office of Foreign Assets Con- Treasury, these two individuals were in- Energy Agency, that Iran now looks to volved in the planning of Hezbollah oper- have the nuclear fuel which will give trol designated two senior Venezuelan Intel- ligence officials, Hugo Armando Carvajal ations, including terrorist attacks and them the capability to build nuclear Barrios and Henry de Jesus Rangel Silva, kidnappings. weapons. We have had open testimony and one former senior security official, What is your assessment of the presence in front of the Armed Services Com- Ramon Rodriguez Chacin, for materially as- and activities of Hezbollah inside Venezuela? mittee that within 3 to 5 years Iran sisting the FARC’s illicit activities. What is your assessment of the purpose and may have the intercontinental ballistic What types of weapons have these three implications of a meeting in Beirut on or capability to deliver those weapons senior Venezuelan government officials en- about February 1, 2010, between Adel El Zabayar and Imad Saab, deputies of the Ven- across the ocean and put the United abled the FARC to acquire? To what extent does the FARC use proceeds from illicit drug ezuelan National Assembly, and Nawaf States in jeopardy. trafficking to acquire weapons from the Ven- Musawi, director of international relations But Venezuela is a lot closer. There ezuelan government? of Hezbollah? is no need for an ICBM from Venezuela. In late July 2009, the government of Swe- On November 3, 2009, our Israeli allies In fact, a flight from Venezuela to den requested an explanation from Venezuela stopped the cargo ship MV Francop before it Florida is about the same length in about how the FARC obtained Swedish-made could reach its destination in Syria, which is time as a flight from Florida to Wash- anti-tank rocket launchers that had been a state sponsor of terrorism. The Francop ington, DC. sold to Venezuela in the 1980s. Three of the was loaded with 36 shipping containers hold- So we brought this letter to the at- launchers, matched by their serial numbers, ing 500 tons of Katyusha rockets, mortars, grenades, and a half-million rounds of small- tention of Secretary Clinton in May. were recovered from a captured FARC arms cache in October 2008. arms ammunition suspected to be bound for We wrote this letter on May 25, 2010. Do we have the intelligence resources in Hezbollah. Mr. President, I ask unanimous con- place to properly monitor the flow of guns Is there information confirming that the sent that this letter be printed in the and money from Venezuela to the FARC? Francop had stopped in the Venezuelan port RECORD. Are known FARC officials, such as Rodrigo of Guanta before sailing for Syria and at the

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4635 same time that Venezuelan Foreign Minister ernment’s understanding of the number of a better job promoting democracy in Nicolas Maduro was in Damascus visiting passengers and nature of their travel as well Latin America. She shares that con- with Syrian President Bashar Al-Assad? Are as the type of cargo transported on these cern. We have had those conversations. there any indications of a substantial Ira- flights? Is the Administration concerned For too long, Latin America has been nian security presence in Guanta? that these flights are being used for nefar- neglected by the United States in our ious purposes? PRESIDENT CHA´ VEZ SUPPORT FOR STATE diplomatic relations. For a variety of SPONSORS OF TERRORISM On April 21, the Secretary of Defense issued a report regarding the current and fu- reasons, some of them with good merit, In addition to his documented support for ture military strategy of Iran. The report we have been focusing to the east. But Hezbollah and the FARC, President Cha´ vez states that Iran’s Islamic Revolutionary we cannot neglect our friends in Cen- has closely aligned himself with Cuba and Guard Corps-Qods Force maintains world- tral and South America. We cannot ne- Iran, both of which are already on the State wide operational capabilities and that ‘‘re- Sponsors of Terrorism List. glect our friends in Colombia, for ex- cent years have witnessed an increased pres- Venezuela’s financial support for state ample, or in Panama. That is why I ence in Latin America, particularly Ven- sponsors of terrorism is evident by Cha´ vez’s have come to the floor on several occa- ezuela.’’ extensive support of the Castro regime in sions and called for the ratification of What threat does the Islamic Revolu- Cuba, which is calculated to amount to $1 tionary Guard Corps-Qods Force presence in the free-trade agreements between our billion a year. To what extent does Ven- Venezuela pose to the United States and our country and those countries that only ezuelan assistance to the Cuban regime fa- interests in Latin America? What if any makes sense. It not only makes sense cilitate the regime’s ongoing repression of measures is the Administration taking to for jobs and commerce, but it also the pro-democracy movement and forestall a verify the extent of terrorism activities in transition to democracy in Cuba? How deep- makes sense in terms of our good rela- Venezuelan territory? How is the Adminis- ly are Cuban advisors involved in the intel- tions with our friends in the region. No tration ensuring that all appropriate ligence and security apparatus of the Ven- better friend do we have than in Co- branches of the U.S. government are aware ezuelan government? lombia, right next door to this very of these key findings? What is your assessment of the role of concerning state of Venezuela. long-term Castro confidant Ramiro Valdez as IMPLICATIONS OF ADDING VENEZUELA TO THE The reason I come to the floor spe- a special advisor to the government of Ven- STATE SPONSORS OF TERRORISM LIST cifically today is that when we sent ezuela and the impact it will have on pro-de- The State Department currently des- this letter on May 25, we expected to mocracy leaders and movements in Ven- ignates four nations—Syria, Cuba, Sudan, receive a response. Yet just last Fri- and Iran—as state sponsors of terrorism. ezuela? What role, if any, did Valdez play in day, Assistant Secretary Arturo the recent purge of over 100 Venezuelan mili- These countries provide ideological support tary officers? and material assistance to terrorist groups. Valenzuela, Assistant Secretary of With respect to Iran, President Cha´ vez has Once you consider the evidence behind Ven- State for Western Hemisphere Affairs, repeatedly expressed support for that coun- ezuela’s substantial ties with U.S.-des- was asked about this letter because try’s covert nuclear program and announced ignated terrorist organizations and state there was an upcoming trip by the Sec- in September 2009 a plan for the construction sponsors of terrorism, we would like to know retary of State to South America. of a ‘‘nuclear village’’ in Venezuela with Ira- the strategic implications of designating Secretary Valenzuela was asked why nian assistance. Venezuela a state sponsor of terrorism. We Secretary Clinton was not going to In your judgment, to what extent is Ven- would also like to know the implications for Venezuela, and he explained. Then the ezuela supporting Iran’s covert nuclear en- the integrity of this list if Venezuela con- question of this letter came up, and his richment program development? What is the tinues to evade designation. current state of Venezuela’s nuclear pro- Looking into the future—and short of des- response was: gram, and to what extent is Iran providing ignating Venezuela a ‘State Sponsor of Ter- Oh, I don’t—because I was traveling, I nuclear knowhow to Venezuela? Under the rorism’—what other concrete measures are don’t know anything about that letter, so I’d present conditions, does Venezuelan-Iranian available to curb President Cha´ vez’ threat- have to find out. nuclear cooperation violate the Nuclear Non- ening ties with terrorist groups and state Now, I know they get a lot of letters Proliferation Treaty and United Nations sponsors of terrorism? Under what condi- over at the Department of State, but International Atomic Energy Agency proto- tions would the Administration apply such this letter is signed by 12 Senators. It cols? measures? Does the U.S. government have a has been widely covered in the media. We have seen reports of suspicious Ven- contingency plan to respond to a sudden and It was relevant enough that someone ezuelan-Iranian companies sprouting in re- prolonged unavailability of Venezuelan oil mote areas of Venezuela, including the exports to the United States? would ask the question at a press con- VenIran ‘‘tractor factory.’’ In December 2008, Given that Cha´ vez is expected to receive a ference. Yet Mr. Valenzuela, through Turkish customs inspectors intercepted 22 $20 billion loan from the Chinese Govern- some oversight, was unaware of the let- shipping containers bound for VenIran that ment and his government has just signed yet ter. were labeled ‘‘tractor parts’’ but instead con- another multi-billion dollar arms deal with I look forward to getting a response tained an ‘‘explosives lab’’ and chemicals Russia for weapons that far exceed any ra- from Secretary Clinton and Assistant that could be used to manufacture explo- tional analysis of Venezuela’s national de- Secretary Valenzuela to this letter. sives. What is your assessment of the activi- fense requirements—it is clear that this is There is a gathering storm in Ven- ties carried out by VenIran? Is it possible the time to revisit our polices within the re- ezuela. As much as we have to look gion. We encourage you to work with all ap- that its facilities are a front for illicit, pos- across the ocean to our fears about sibly even nuclear, technology-related ac- propriate federal agencies in obtaining thor- tivities? ough answers to these questions. We look Iran, their development of nuclear Congress is close to authorizing a com- forward to further discussions about what weapons and what they are going to do prehensive set of sanctions aimed at restrict- steps the Administration plans to take in with those nuclear weapons, there is a ing Iranian access to refined fuels in a bid to order to address these disturbing develop- concern to our south, very close to our stop Iran from acquiring nuclear weapons. ments within our hemisphere. shores in Venezuela, and a dangerous At the same time, Iran has a growing finan- Sincerely, combination which is occurring be- cial presence in Venezuela, and President John Ensign, tween Iran and Venezuela, Cha´ vez has pledged to provide Iran with George S. LEMIEUX, Ahmadinejad and Hugo Chavez. 20,000 barrels of gasoline per day. James M. Inhofe, If we do not stay focused on it, mark To what extent are Venezuela’s financial Jon Kyl, my words, 3, 5 years from now we are institutions assisting the Iranian nuclear en- John MCCain, richment program? Are you concerned about James E. Risch, going to be seeing all the same devel- the activities of the Venezuelan Banco Roger F. Wicker, opments in Venezuela we have seen in Internacional de Desarrollo and the Banco Sam Brownback, Iran. We are going to see them starting Binacional Irani-Venezolano? To what extent Jim Bunning, to develop a nuclear presence for could Venezuela’s financial institutions and Scott Brown, ‘‘peaceful’’ purposes. They are going to energy resources help Iran undermine bilat- Robert F. Bennett, be playing from the same playbook eral or international sanctions designed to John Cornyn. Ahmadinejad has played from in Iran. stop its covert nuclear program? Mr. LEMIEUX. We hope to receive a We have to take aggressive measures The 2008 Country Report on Terrorism con- response from the Department of firmed that Iran and Venezuela continued against Iran. I have called, as many weekly flights connecting Tehran, Syria, and State. I know firsthand that Secretary Senators have, for this administration Caracas and that passengers on these flights Clinton is focused on Latin America. I to get to work in a more expeditious were only subject to ‘‘cursory immigration have spoken to her on several occa- way to impose those sanctions—mean- and customs controls.’’ What is the U.S. gov- sions. I know she knows we need to do ingful, hard sanctions on Iran to stop

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4636 CONGRESSIONAL RECORD — SENATE June 8, 2010 their nuclear program. We are reading It is also now clear that this com- Continuing to quote: in the newspaper today about Iran—all pany, the company that was engaged in They said the installation of the new de- the circuitous efforts it takes to reflag drilling this well, did not have the vice and the rising flow of oil to the surface ships, rename ships so they can get wherewithal, the technical capability had only reinforced their conviction they did weapons back into Iran and avoid our to decide: If something disastrous hap- not have enough information. sanctions. We have to crack down on pens, we should be able to shut down A Dr. Leifer said: that. That is the diplomatic and for- the gusher of oil. I would have thought It’s apparent that BP is playing games eign affairs problem of today. But the and would have expected that the com- with us, presumably under the advice of diplomatic and foreign affairs problem pany would have covered the worst pos- their legal team. It’s six weeks that it’s been of tomorrow is Venezuela, and steps sible circumstances. What if the worst dumping into the gulf, and still no measure- should be taken right now to work thing happens? Do we have the capa- ments. ahead of that problem so that 3 to 5 bility to address it? The answer at this Again, that is a direct quote from Dr. years from now we are not having all point is no. Leifer in this article. the same troubles with Venezuela that This is the 50th day in which oil has All of us understand that the con- we are now having with Iran. Yet they been gushing out into the Gulf of Mex- sequences of this are devastating. We are far closer to the United States than ico from this oil rig blowup. It is pretty stand here and debate and talk and we Iran is. clear to everybody that, after trying a go to hearings, yet there are people at So we sent this letter, and we look series of different things, the BP Cor- the end of a dock in some small town forward to the response. There are a lot poration does not know how to address who look out, and all of those fishing of ramifications of declaring a country this gusher of oil into the gulf. boats are idle, sitting at the dock, be- a state sponsor of terror. I am not ask- I was reading this morning another cause it has destroyed the fishing in ing that be done today. But I am ask- news story about this. that area. The shrimpers who would ing it be seriously evaluated. That is I confess to my colleagues that I normally be out dealing with the why Senator ENSIGN and myself, along don’t live on the gulf. I am not from shrimp beds, their boats are idle, their with 10 other of our colleagues, sent one of those States. They would, per- nets are idle. Those are people who are this letter, and we would like to hear a haps, know much more about it than I losing money every day, the people response. We would like it to be taken would. But most of us in this country who can’t make a monthly payment on seriously. We would like this adminis- are learning from the investigations their boat that is sitting on the dock tration to focus on Venezuela before it that are being done, and we are learn- because they can’t go out because their is a problem that gets ahead of us, being more and more about not only fishing industry is gone. Those people fore it is a problem we do not have what has happened, but what the con- have to make payments at the end of enough time to address in a proactive sequences are. the month. The person with the cafe or and thoughtful manner. The story this morning: ‘‘Rate of Oil the restaurant on the dock that has Little problems become big problems. Leak, Still Not Clear . . . ’’ So 50 days very few people visiting these days is This problem is already beyond being later, we don’t understand how much is losing money hand over fist. You could little. Let’s get on top of it. Let’s coming out of the faucet, how much is go on and on about the consequences of evaluate it. We hope we get a response spilling from this gusher into the Gulf what this has meant to the gulf—to the to this letter as soon as possible, from of Mexico. families, to small businesses, to the the Secretary of State and the Assist- It is difficult or almost impossible to fishing industry, the shrimpers, and so ant Secretary of State for Western measure what has been the effect in re- on. Hemisphere Affairs. cent days of some amount of contain- So it seems to me it is time now, With that, Mr. President, I yield the ment that has been successful. We after 50 days, to ask a couple of other floor. questions, and I am going to make a I suggest the absence of a quorum. know they are not containing all of the suggestion. I asked at a hearing re- The PRESIDING OFFICER. The oil, but they are gathering some of the cently whether the BP commitment, clerk will call the roll. oil. The question is, What amount? The assistant legislative clerk pro- What percentage of the oil that is which says: We will pay or reimburse ceeded to call the roll. gushing into the gulf is being con- for all ‘‘legitimate’’ costs—I asked the Mr. DORGAN. Mr. President, I ask tained? Justice Department in a hearing: Is unanimous consent that the order for One of the things that bothered me a this pledge by BP a binding commit- the quorum call be rescinded. fair amount is I am quoting now from ment? Does it bind anybody? The an- The PRESIDING OFFICER. Without a New York Times piece: swer by the Justice department rep- objection, it is so ordered. On Sunday, engineers halted their efforts resentative is that, no, it is not bind- GULF COAST OILSPILL to close all four vents on the capping device, ing. It is a pledge. Mr. DORGAN. Mr. President, I wish because even with one vent closed, the I think that is certainly better than to say a few words about the oilspill in amount of oil being captured was approach- not having a pledge—to have a com- the gulf and what has or has not been ing 15,000 barrels a day, the processing capac- pany whose rig has caused this gusher ity of the collection ship on the surface. happening recently. I don’t think there of oil, this unbelievable spill into the is an American citizen who can really If you are going to be able to collect Gulf of Mexico—if that company makes avoid seeing on television or hearing more oil, why would you not have a pledge, it is better than having a on the radio or reading in the news- enough ships on the surface to be able company walk away. On the other papers about the devastating con- to allow you to close more of those hand, a pledge without a binding com- sequences of the oilspill in the Gulf of vents and to capture more oil and have mitment doesn’t mean very much. Mexico. the requisite number of ships on the What I suggest at this point is that The fact is, we have drilled for oil surface to deal with it? I don’t under- we, after 50 days, decide to go beyond and have been producing oil in the gulf stand that at all. But it seems to me that pledge. I have seen people inter- for a long time, dating back to the that every time we read something new viewed who have said: we have sub- 1940s. I believe something like 50,000 about this, it is that somebody didn’t mitted to BP what is happening to our wells have been dug offshore. So it is plan properly to try to address this small business, our families, and our not a surprise that there has been oil issue. boats, and haven’t gotten a response, development offshore in this country, The story goes on to say: or we got turned down, or this or that. and we have achieved drilling a fair Some scientists involved in the Flow Rate It seems that we ought to understand amount of oil for the needs of this Technical Group say they would like to the consequences of this, and the depth country. But it is also the case that produce a better estimate, but they are frus- of the costs is going to require some- deep well drilling—in this case, a well trated by what they view as stonewalling on thing very different. BP’s part, including tardiness in producing that is drilled into the ocean floor a high-resolution video that could be subjected What I propose is the following: I full mile below the surface of the water to computer analysis, as well as the com- think on this 50th day of the spill, what and then down another 30,000 feet below pany’s reluctance to produce a direct meas- I believe should happen is that the Jus- that—is a very different situation. urement of the flow rate. tice Department should go to BP and

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4637 say: Let us formalize an agreement in says we don’t intend to put money into spill, this gusher of oil, which is cer- which you put the first $10 billion from a gulf coast recovery fund—if that is tainly the most significant disaster in BP into a gulf coast recovery program. the case, then we have legislation on the gulf in the last century and per- That gulf coast recovery fund would be the floor with which we could address haps more—if the company that caused available and would be run by two in- that issue. There are ways to address that—whose rig caused that, says we terests. One would be a special master this with fees and other applications to don’t intend to be a part of something who would represent the public inter- the company that caused this damage. like this, then there are approaches we est, and the second would be a coun- Better, it seems to me, to take the can use here in the Senate to make selor who would represent BP’s inter- company at its word when it pledges that company responsible for it in a est, and they would jointly manage the that it will reimburse legitimate costs; binding way. $10 billion gulf coast recovery funds— but also say to them, as a result of that Mr. President, with that, I yield the and it may need much more than that. pledge, let’s now make it binding and floor and suggest the absence of a At least the first step is that you have let’s begin to put together this gulf quorum. $10 billion in a fund, and you have some coast recovery fund that represents a The PRESIDING OFFICER. The public interest that is now involved in binding commitment from the com- clerk will call the roll. making judgments. Look, BP has its pany. The assistant legislative clerk pro- own interests at heart. I don’t doubt If the company ultimately doesn’t ceeded to call the roll. that it wants this gusher stopped. I un- pay these costs, we know what would Mr. SESSIONS. Mr. President, I ask derstand that. I don’t doubt at all that happen. It will go on the backs of the unanimous consent that the order for BP wants to minimize the damage. I American taxpayer. That is not a fair the quorum call be rescinded. The PRESIDING OFFICER. Without am not suggesting otherwise. way to resolve this, and it is not ac- I am suggesting this: When presented ceptable. It is a very large company. It objection, it is so ordered. with a range of alternatives, or of op- has made a substantial amount of AMENDMENT NO. 4303 TO AMENDMENT NO. 4301 portunities, or of actions, that a com- money. It made $6 billion, as reported, (Purpose: To establish 3 year discretionary spending caps) pany will have to act in its best inter- in the first quarter of this year alone. Mr. SESSIONS. Mr. President, I call est. That is the requirement for its Surely a $10 billion initial commitment into a gulf coast recovery fund is not up the amendment that is at the desk. shareholders. That may well not be in The PRESIDING OFFICER. The too much to ask, to begin the construc- tandem or may not travel parallel with clerk will report. what is in the public’s interest. That is tion of a fund that would merge both The assistant legislative clerk read why I think that it is now time to say the public interest, which is important, as follows: to BP that you have made a pledge; is with the private interest of BP, to The Senator from Alabama [Mr. SESSIONS], make sure the funding is not only the pledge binding? Does it have real for himself and Mrs. MCCASKILL, proposes an money behind it? made available but that it is used in a amendment numbered 4303 to amendment We read and see that they have spent way that addresses the significant 4301. $1.5 billion at this point. This is a com- costs that have been visited upon the Mr. SESSIONS. Mr. President, I ask pany that made $150 billion in net prof- people who live and work in that re- unanimous consent that the reading of it in 10 years. That is $15 billion a year. gion. the amendment be dispensed with. Again, what I suggest is a $10 billion I know there are many ideas that are The PRESIDING OFFICER. Without payment into a gulf coast recovery being kicked around in the Congress objection, it is so ordered. fund, which the company would have a and elsewhere to try to address a wide (The amendment is printed in today’s part in the management of, and a spe- range of issues. Many of them have RECORD under ‘‘Text of Amendments.’’) cial master representing the public in- great merit. It seems to me that we Mr. SESSIONS. Mr. President, Sen- terest would have the management of, need to do something for the family ator MCCASKILL and I are again offer- and that we proceed from there and de- this morning who is wondering whether ing this amendment that would place a termine how much more is required. it is going to survive, whether its busi- cap on discretionary spending in which Perhaps if the $10 billion is not all re- ness can survive, whether it can make we participate in every day but that quired, the company gets reimbursed. its boat payment on the fishing boat at tends to violate the budget. My own expectation is that the cost of the end of the month when there are no Our budget is a critically important this spill will far exceed the $10 billion fish to catch. When the restaurant component of our financial manage- when it is all done. This is going to last pulls the shades because it has no cus- ment. I have been a member of the for years. We know that. This is not tomers and it is right near the dock— Budget Committee for a number of something that will be resolved in the all these folks, and so many others, years, and it is very frustrating to see next 6 months. I am talking now about who have lost their jobs and who con- how it has gotten around the budget. the costs. Let us hope that finally, at front this questions of: What about us? The legislation that is before us is just long last, this spill, this gusher, gets What are we going to do? Will there be another example of violating the budg- shut down. But when that happens, recovery for us, for my family, and for et in ways that are not responsible. For there is so much more to do to try to our small town? example, the unemployment compensa- understand what this means to the I think the best way for us to address tion and the payments to physicians families who made their living on that this is to say let’s make sure the are not emergencies. They are just not. coast. What does it mean to them? How pledge made by BP becomes a binding Any responsible household, any respon- do we go forward and recover? With one. I think that can be done without sible city, county, or State government what? That is why I think this gulf legislation. It can be done by this ad- knows that. When those leaders deal coast recovery fund, with BP’s money ministration and the Justice Depart- with financial crises, they have to fig- and a special master involved in at ment reaching out and signing an ure out how to handle them. least bringing the public interest into agreement creating such a fund, cre- What we are doing with this legisla- the discussion about what kind of out- ating a special master with BP, having tion before us is borrowing money to lays from that fund are made and to BP deposit the money so it could begin pay a fundamental obligation of the whom and for what purposes, is crit- a robust, significant, and real recovery United States of America, which is to ical. fund. If this company says that is not pay doctors an adequate wage for doing I am going to write to the Justice their intent, that they don’t intend to Medicare work. They are already paid Department today suggesting that this do that, or they are not interested in less for Medicare than private insur- is an approach that should be taken. doing that, then it seems to me a bind- ance pays them for doing the very Look, if BP is approached and BP says, ing requirement is one we should take same procedures, but we have another you know what, we don’t intend to put up here on the floor of the Senate, and shortfall here. If Congress does not money into a fund, that tells us a little very quickly. There are plenty of pass legislation, physicians will take a something, doesn’t it? Is the money ways—and I will not go into them 21-percent cut in the amount of money going to be there, or isn’t it? That is a now—for us to address the question of they are paid. That cannot work be- partial answer to that. If the company whether the company that caused this cause our physicians are already, in

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4638 CONGRESSIONAL RECORD — SENATE June 8, 2010 many cases, losing money on Medicare I thank the Chair for the opportunity Back home, folks wonder why it is treatment of our seniors. They cannot to offer this amendment. We will talk taking Congress so long to deal with take a 21-percent cut. They will quit on it again later. I hope that we can these routine extenders. As an exam- doing the work. This is not a matter of enact these provisions into law and ple: As I left church Sunday in Cedar debate. It will collapse the Medicare that we will get that one extra vote Falls, IA, a person who has investment system. We need to do this, but that is necessary to make a real bipartisan in a biodiesel plant wants to know the kind of expenditure that is funda- statement. We had bipartisan support when we are going to pass the biodiesel mental. It is part of the obligation we for this amendment last time, and it tax credit bill. Most of the tax provi- have had for many years to pay physi- would make a real bipartisan state- sions expired almost a half a year ago, cians to do Medicare work. They do not ment to the whole financial world that on December 31, 2009. Folks are angry do it for nothing. It ought not to be we are beginning to take seriously our that Congress seems to be dithering, paid for by borrowing the money on top responsibility to reduce this surging among other things, on the 71 tax proof all the debt we are now running up deficit. Only then will we begin to see visions. In my State, it is a biodiesel in this country. the kind of stability in our economic tax credit that always comes up, but Our national debt just hit $13 tril- markets that we must have. people are wondering about the lion. We will, in 5 years—now 4—double I thank the Chair, and I yield the dithering generally. And, of course, we the national debt, and in 10 years we floor. even have physicians across the coun- will triple the national debt. Why? Be- The PRESIDING OFFICER. The Sen- try being frustrated that this Congress cause we are taking items that are ator from Iowa is recognized. has allowed a 21-percent cut in pay- baseline requirements of this govern- Mr. GRASSLEY. Mr. President, ments to go into effect again this year. ment and miraculously converting today, our body starts debate on expir- Payment cuts of this magnitude se- them to emergencies and then breaking ing tax and health provisions. Around verely impact physicians and health the budget. If anybody objects, such as this Capitol building, the nickname of care providers and practitioners Senator BUNNING did on behalf of his these items is called extenders. I wish throughout the country, and they sig- 40-some-odd grandchildren, he is at- to make a couple of points on the proc- nificantly threaten beneficiary access tacked as being against physicians or ess before I get into the substance of to care. against the unemployed. Senator the substitute. My first point will re- Medicare beneficiaries’ access to phy- COBURN has raised these issues. I sup- flect on how much the Democratic sicians and other needed medical care port both of them. They are both right. leadership has avoided a simpler, clear- has been jeopardized this year as never If the American people understood er, bipartisan approach. My second before because Senate Democratic how irresponsibly we are managing point will consider all of the other leadership has once again failed to pass their money, they would be even more time-sensitive, unfinished tax legisla- an essential physician update in a upset with us than they already are. tion that appears to be abandoned with timely manner. We could have wrapped The American people are right to be only a few weeks left in this session. up this time-sensitive legislative busi- upset with us. We are converting fun- My first point deals with a conscious ness 4 months ago. We could have damental governmental obligations to decision to use a partisan process for taken up a bipartisan package that I emergency spending. Why? Because we bipartisan issues. What I find sur- put together with my friend, Finance do not have to pay for it; we can just prising is that we are taking up a pack- Committee Chairman BAUCUS of Mon- borrow it. That is not right. age that, like the HIRE Act jobs bill of tana. To be sure, some of the structure Senator MCCASKILL, my Democratic a few weeks ago, absolutely belongs to in this package reflects the agreement colleague, is concerned about these the bicameral House and Senate Demo- that my friend and I reached. But this issues. We have worked together to cratic leadership. It was negotiated be- package, in terms of the impact on the offer this amendment that would make tween House and Senate Democratic deficit, is likely several times the size it harder to violate the budget caps, to leaders, with some input from their of the package we agreed upon. Vir- make it more difficult and to help us to tax-writing committees and staff. tually all of the additional cost is due be more responsible in our spending. These discussions occurred entirely be- to proposals I would not have agreed to Quite a number of my Democratic col- hind closed doors. As far as I know, it in representing my Republican Con- leagues joined with us in this amend- was a Democrats-only discussion. It is ference. ment and voted for it. Fifty-nine Sen- not a conference agreement, where I was under the impression that the ators voted for it on one of our pre- things are worked out in a sophisti- Senate Democratic leadership was gen- vious votes. We were one short of what cated conference committee made up of uine in its desire to work on a bipar- is necessary to make it law—just one people from the House and Senate. tisan basis, but clearly I was mistaken. vote short. Then, in addition, at the very last Although the Senate Democratic lead- We are offering this amendment minute, the compromise took on the ership was highly involved in the devel- again. We have taken quite a number properties of an amoeba. In that amoe- opment of a bipartisan bill, they arbi- of steps to make this legislation palat- ba fashion, the House Rules Committee trarily decided to replace it with a bill able and to respond to concerns that split the bill into two pieces, one deal- that skews toward their liberal wing. some have raised, such as, would it im- ing with the so-called Medicare doctor That is why we are where we are this pact the military? No. Would it impact fix and the rest of the bill dealing with very day. There is a liberal agenda that legitimate emergency spending? No. the balance of that package. Then, exalts open-ended deficit hiking, spend- We have done some things that some under the magic of the House Rules ing, and tax increases, and doing it may believe weaken the amendment a Committee, this amoeba-like bill was above everything else. Angry vocal bit, but it still adds some real strength reconstituted into one legislative prod- members with that view seem to have to it and real value. This kind of budg- uct, and that is the underlying bill dominated the decisionmaking of the et cap legislation is what allowed us to Leader REID has brought before the Democratic leadership in resolving balance the budget in the late 1990s. I Senate this very day. routine items. know President Clinton has touted I am relieved to see that it appears The actions in the House a couple of that he balanced the budget. If I recall, the Senate will process extenders in a weeks ago go on to further prove my Congress—which appropriates every way that is different from the way the point. The Senate Republican leaders dollar that is spent—shut the govern- HIRE Act jobs bill was handled. It backed the Baucus-Grassley comment down at one point to try to con- looks as though we Senators will have promise of last February. To them, it tain President Clinton’s proposed a chance to represent our constituents seemed to be a balanced package. It spending, and succeeded in doing so. and shape this bill, because Leader was largely offset, it was leaner than That eventually led to a balanced REID has not filled the amendment tree most Democrats wanted, but it was budget. The legislation that was in ef- or filed cloture at the start of debate. thicker than most Republicans wanted. fect at that time, which was very simi- That is a real relief around this body, Republicans preferred a fully offset lar to this proposal, expired, and this is where amendment trees have been package using spending cuts; Demo- one reason spending has surged. filled and cloture has been filed. crats resisted most spending cut offsets

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4639 and wanted many multiples of the level CBO does not have a comprehensive esti- Care Improvement Reauthorization and Ex- of spending with which Republicans mate of all of the potential discretionary tension Act by reference. (CBO had not com- were comfortable. So it is ideal, be- costs associated with PPACA, but we can pleted an estimate of the Indian health pro- cause this is the way it works most of provide information on the major compo- visions for the March 13 version of the au- nents of such costs. Those discretionary thorization table.) Those provisions author- the time between Senator BAUCUS and costs fall into three general categories: ize the appropriation of such sums as are me. The costs that will be incurred by federal necessary for the Indian Health Service The Baucus-Grassley compromise agencies to implement the new policies es- (IHS) for carrying out responsibilities broad- was a genuine middle ground. But for tablished by PPACA, such as administrative ly similar to those in law prior to enactment the liberal core of the Democratic cau- expenses for the Department of Health and of PPACA. As a result, the amounts included cus, it was their way or the highway. Human Services (HHS) and the Internal Rev- in Table 1 reflect recent appropriations for Leader REID responded to that pressure enue Service for carrying out key require- those IHS programs, with adjustments for and scuttled the Baucus-Grassley comments of the legislation. anticipated inflation in later years. promise. Ironically, almost 4 months Explicit authorizations for a variety of Table 1 also includes a few corrections to later, it looks as though the Demo- grant and other program spending for which the table provided on March 13. For example, specified funding levels for one or more years section 5207, which authorizes funding for cratic caucus is moving closer to the are provided in the act. (Such cases include structure of the Baucus-Grassley com- the National Health Service Corps, was inad- provisions where a specified funding level is vertently left off the March 13 table but is promise of last February. authorized for an initial year along with the included in Table 1. The Senate Republican Conference, authorization of such sums as may be nec- Table 2 presents a list of new activities for seeing the alarming growth in deficits essary for continued funding in subsequent which PPACA includes only a broad author- and debt in the intervening 4 months, years.) ization for the appropriation of ‘‘such sums will press hard for a fully offset pack- Explicit authorizations for a variety of as may be necessary.’’ For those activities, age. For those in my conference, sev- grant and other program spending for which the lack of guidance in the legislation about eral fiscal events—and these all occur- no specific funding levels are identified in how new activities should be conducted the legislation. That type of provision gen- ring in the intervening 4 months since means that, in many cases, CBO does not erally includes legislative language that au- have a sufficient basis for estimating what the Baucus-Grassley bill was scuttled— thorizes the appropriation of ‘‘such sums as have been compelling on my side of the the ‘‘necessary’’ amounts might be over the may be necessary,’’ often for a particular pe- 2010–2020 period. aisle viewing this legislation a little riod of time. Although Tables 1 and 2 provide more in- CBO estimates that total authorized costs bit differently. formation about the discretionary costs as- in the first two categories probably exceed The first event is the second opinions sociated with PPACA, they do not represent $115 billion over the 2010–2019 period, as de- we are receiving on the fiscal impact of all of the potential budgetary implications tailed below. We do not have an estimate of the health care bill. The Congressional of changes to existing discretionary pro- the potential costs of authorizations in the Budget Office has revised the official grams—including both potential increases third category. spending upward. Implementation Costs for Federal Agen- and decreases relative to recent appropria- Mr. President, I ask unanimous con- cies—The administrative and other costs for tions. Some of those changes could affect sent to have printed in the RECORD a federal agencies to implement the act’s pro- spending under existing authorizations or copy of the CBO’s May 11 letter to Con- visions will be funded through the appropria- may lead the Congress to consider making changes—up or down—in the funding for ex- gressman JERRY LEWIS. The letter is tions process; sufficient discretionary funding will be essential to implement this legis- isting programs. Moreover, some of the po- accompanied by two tables that iden- tential new costs for individual provisions of tify explicit authorizations of discre- lation in the time frame called for. Major costs for such implementation activities will the legislation may be covered by the broad tionary funding. These tables are avail- estimate of $5 billion to $10 billion for ad- able along with the full text of the let- include: Costs to the Internal Revenue Service ministrative costs to HHS. ter on the CBO’s website at (IRS) of implementing the eligibility deter- I hope you find this information useful. If www.cbo.gov. mination, documentation, and verification you have any questions about this updated There being no objection, the mate- processes for premium and cost-sharing cred- analysis of PPACA’s implications for future rial was ordered to be printed in the its. CBO expects that those costs will prob- discretionary appropriations, please contact RECORD, as follows: ably total between $5 billion and $10 billion me or CBO staff. The primary staff contacts for this analysis are Jean Hearne and Julie U.S. CONGRESS, over 10 years. Lee. CONGRESSIONAL BUDGET OFFICE, Costs to HHS, especially the Centers for Sincerely, Washington, DC, May 11, 2010. Medicare and Medicaid Services, and the Of- DOUGLAS W. ELMENDORF, Hon. JERRY LEWIS, fice of Personnel Management for imple- Director. Ranking Member, Committee on Appropriations, menting the changes in Medicare, Medicaid, House of Representatives, Washington, DC. and the Children’s Health Insurance Pro- Mr. GRASSLEY. That letter docu- DEAR CONGRESSMAN: As you requested, the gram, as well as certain reforms to the pri- ments CBO’s projections that health Congressional Budget Office is providing ad- vate insurance market. CBO expects that reform will result in at least $115 bil- ditional information about the potential ef- those costs will probably total at least $5 billion to $10 billion over 10 years. lion in additional spending beyond fects of H.R. 3590, the Patient Protection and what was previously included in the Affordable Care Act (PPACA, Public Law Explicit Authorizations of Discretionary 111–148), on discretionary spending. The fol- Funding—Explicit authorizations are identi- total of last March. lowing analysis updates and expands upon fied in Tables 1 and 2. Table 1 presents a list In addition, Douglas Elmendorf, Di- the analysis of potential discretionary of items for which PPACA specifies the au- rector of the Congressional Budget Of- spending under PPACA that CBO provided on thorized amount of funding for at least one fice, recently indicated that the land- March 13, 2010. In particular, it provides an year. It also includes items for which initial mark health care reform bill would not update of the earlier tally of specified au- specified funding levels existed under prior accomplish its primary fiscal objective law but for which PPACA extends the authorization amounts, as well as a list of proof reducing Federal health expendi- grams or activities for which no specific thority for continued spending. The specified funding levels are identified in the legisla- and estimated amounts shown in Table 1 tures. tion but for which the act authorizes the ap- total about $105 billion over the 2010–2019 pe- Dr. Elmendorf made this point in a propriation of ‘‘such sums as may be nec- riod. presentation to the Institute of Medi- essary.’’ Table 1 differs from CBO’s table of speci- cine on May 26, of this year. The pres- Potential discretionary costs under fied authorizations provided on March 13, entation is titled ‘‘Health Costs and PPACA arise from the effects of the legisla- 2010, in the following ways: the Federal Budget’’ and is available tion on a variety of federal programs and Certain provisions that extend (existing) agencies. The law establishes a number of authorizations with a specified level have on the CBO website as well. new programs and activities, as well as au- been added. (In the previous version of that The second event is the record build- thorizing new funding for existing programs. table, only new authorizations were in- up of public debt. Last week, the Fed- By their nature, however, all such potential cluded.) Also, provisions that provide manda- eral public debt passed $13 trillion. On effects on discretionary spending are subject tory grants for 2010 but authorize future that monstrous number, $1 trillion was to future appropriation actions, which could spending of such sums as necessary (subject added in the last year all by itself. result in greater or smaller costs than the to appropriation) have been included. Those sums authorized by the legislation. More- provisions are noted in the updated table. The third event is the continuous over, in many cases, the law authorizes fu- Table 1 includes an estimate of the cost of mounting of the cost of the stimulus ture appropriations but does not specify a section 10221 of PPACA, which incorporates bill. Recent Congressional Budget Of- particular amount. the provisions of S. 1790, the Indian Health fice scoring shows that policy, instead

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4640 CONGRESSIONAL RECORD — SENATE June 8, 2010 of being roughly $800 billion, is now ex- After failing to act for almost 3 years $2,300 per family. This year those fig- ceeding $1 trillion. in the majority, the House Democratic ures are going to go up. The fourth event is the fiscal trou- leadership put a death tax reform If the law is not changed, all those bles in the country of Greece. Too measure before the House last year at families will have to pay at least $2,300 much spending and public debt has put the same time it should have been dis- more per family. In my State of Iowa, Greek public finance in a state of dis- cussed in the Senate. But the Senate it means at least 124,000 middle-income tress. has not acted on the House bill. families will be paying additional in- The fifth event is the troubling devel- I might suggest to you that we had to come tax that was only meant for the opments in States with large open- act on that health care bill because it very wealthy. ended social spending programs and al- takes effect in 2014, but tax extenders No bill has been marked up or passed ready very high income taxes. The peo- and the estate tax that had to be set- in the House that deals with this prob- ple who send us here are also reading tled in December were not even dis- lem. Under current law, some of these these reports and they are rightfully cussed. millions of families should be paying worried about these fiscal troubles. In Iowa I can tell you that confusion estimated tax next week, June 15. They are sending one message to Wash- and the anxiety over the uncertain Finally, let’s take a look at the third ington, and it is as clear as any bell. state of the death tax comes up in my major area of unfinished tax business. They are saying: Reverse course on town meetings all the time. I would be Here we have a chart, and I am refer- deficits and debt. They say we in Con- surprised if other Senators are not ring to the widely applicable rate cuts gress ought to restrain ourselves and hearing the same thing. I got a letter in family tax relief from the 2001 and our policies; pull back on extra spend- signed by 750 lawyers and accountants 2003 bipartisan tax relief plans. ing. Republicans heard that message a in my State saying: How do we advise Virtually every American who pays while ago, and it looks to me as though our clients? What is the estate tax income tax, and millions more who do Democrats are hearing the same thing. going to be for the future? not under current law, will have a To sum up at this point, on the first It is not a case of just what the tax higher tax bill if we do not extend the point I have been speaking about—on law is, it is the case of millions of peo- 2001 and 2003 bipartisan tax relief bills. process—the Democratic leadership, by ple wanting to plan estates and cannot For years I have referred to the sunset avoiding a genuine bipartisan com- do it. I refer again to my friend, Chair- of these plans as a tax wall. Middle-in- promise, is continuing to take a very man BAUCUS, who was working on a come families will run right into a very long path to resolving this overdue un- compromise proposal with Senators firm wall of tax increases. finished business. The bipartisan path LINCOLN, KYL, and myself. For a family of four with an income to succeed was set forth almost 4 Unfortunately, the liberal core of the of $50,000, that tax wall is $2,300. For a months ago—early February—and that Senate Democratic caucus seems to single mom with two kids earning was the Baucus-Grassley compromise. prefer no action at all. My friend, the $30,000, that tax wall is $1,100. No bill Unfortunately, the tax offsets—large- junior Senator from Vermont, has been has been marked up or passed in the ly noncontroversial—were lifted from transparent about his desire to leave House that deals with this problem. that compromise and used for some- the law as it is; in other words, next You may hear some on the other side thing totally unrelated, but to cover year only have a million-dollar exemp- say: Too bad about the sunset. They the bloated spending in the health care tion. argue that the bipartisan group wrote bill. To retain the spirit of that com- Others feel just as strongly, but per- the tax relief plans with a sunset. The promise, those offsets would need to be haps are not as transparent as the jun- sunset, therefore, is the responsibility replaced by restraints on spending. Re- ior Senator from Vermont. In any of the bipartisan authors of these publicans, in our alternative, will show event, the effect of failing to reform plans. the way to achieve those savings. As has been the case for the last year current law will be to raise the number If that argument is advanced by and a half, those who pay income tax of people hit by the death tax by a fac- members of the current majority, and those who receive government tor of 10 times. What I am saying is, keeping in mind they have had control 1 checks aren’t treated similarly. stalling out a bipartisan reform, which of Congress for 3 ⁄2 years, I wait for Even with those revisions, keep in seems to be the liberal core’s objective, that as an opportunity to quickly remind on net, the taxpayer is paying at will likely mean 10 times as many fam- spond. My response will be to provide a least $40 billion more in this bill. ily farmers and small businesses will be citation of all of the filibusters led by Spending constituents receive almost hit with the death tax. A reform like the Democratic leadership on Repub- $100 billion in new spending. the one envisioned by Senators LIN- lican attempts to make all three of My second process point goes to COLN and KYL will mean only the rich- these areas of bipartisan tax relief per- time-sensitive legislative business that est 10 percent of dead peoples’ estate manent law. is yet unfinished in terms of revenue will face the death tax. The bill before us has very timely and taxpayers affected. The other un- Now I would like to turn to a second and important measures. In nearly all finished tax legislative business dwarfs major area of unfinished business; that instances, the expiring tax provisions the measures in this bill now before the is, the alternative minimum tax fix. are treated the same way as they were Senate. This is one of those yearly or biannual treated under the Baucus-Grassley There are three major policy areas things the Congress goes through so agreement of almost 4 months ago, that need to be addressed. I do not that middle-class Americans will not going back to early February. know when they are going to be ad- pay a tax that was meant just for the I thank my friend, the chairman of dressed. These three issues are the very wealthy. So we are talking about the committee, Senator BAUCUS, and death tax, the current alternative min- this year’s tax fix already. the Democratic leadership for holding imum tax fix—that is an annual proc- The law says 30 million Americans, on to those pieces of the Baucus-Grass- ess we go through—and, three, the bi- or maybe more accurately 24 million ley agreement. Especially important is partisan 2001 and 2003 tax relief plans. Americans, ought to be paying this in- an extension of the biodiesel tax credit So I want to go into these in some de- come tax right now. The trouble is because we have thousands of work- tail. they do not file until next year, so it ers—and I have seen the figure of I have a chart that shows the status gives us a chance to do something 23,000—who have been idled throughout of these three policy issues. Let’s start about it. But for those filing quarterly, 44 States of the United States as they with the death tax, or the estate tax, if they are not taking that into consid- have shut down the plants. whatever you want to call it. Since the eration they are violating the law. So if you really want a jobs bill, rein- first of the year there has been no In the next week, on June 15, the sec- state the biodiesel tax credit and you death tax. If you died, up to this point, ond installment of this year’s esti- will put thousands of workers in Iowa presumably, your estate is going to be mated income tax is due. Last year, 24 back to work, and about 23,000 nation- tax free. At the end of this year, the million middle-income families were ally. death tax then reappears, and not in a spared from the unfair hit of the alter- Likewise, Iowa companies, such as very friendly way. native minimum tax. The fix meant Rockwell Collins in Cedar Rapids, IA,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4641 have taken charges to earnings as the On the offsets side, as I indicated Mr. CARDIN. Mr. President, I take research and development credit has above, revenue raisers that were non- this time to talk about amendment No. lapsed. Unfortunately, there are some controversial were lifted, and these 4304, which I hope I will be able to get notable deviations from the Baucus- were, in a sense, transferred for yet cleared by setting aside the pending Grassley agreement of last February. more spending in that bloated health amendment in order to offer it. Two pieces of the Midwestern disaster care reform bill that passed in March. At this time, let me bring to the at- relief package were dropped from the This meant the bicameral Demo- tention of my colleagues what the Baucus-Grassley agreement in the Sen- cratic leadership had to yet scrape amendment would do. This amendment ate bill. The alternative fuels credit deeper to this offset barrel. They pulled would affect the Federal employees’ was altered to remove coal-to-liquids out a House-passed change on carried health benefit plans by allowing the and other promising cutting edge tech- interest. They raided the international administrator to change the current nologies. tax policy area. They moved revenue- rules to enroll children up to the age of The bill before us actually also leaves raising ideas out of that area and used 26. Currently, the restriction for Fed- out some very important provisions of them to offset proposals like yet an- eral employees is that they can only rural health care. These rural health other expansion of the Build America enroll unmarried children to age 22. care provisions where included in the Bonds. That is a program I have ques- There are 8 million Federal employ- Baucus-Grassley agreement of last tioned in the past. ees and retirees covered under the Fed- February but have since been dropped This transaction cannot bode well for eral Employees Health Benefits Plan. by the Democratic leadership. efforts to reform our outdated and un- As I am sure everyone is aware, under Here again we will have a Republican competitive international tax titles. the law recently passed and signed by alternative that will show the way on It follows the destruction of the bi- President Obama, we have now ex- including these important items and partisan tax policy reform of the tended coverage for children up to the having them offset; in other words, worldwide interest allocation rules. age of 26. However, that becomes effec- they will be paid for. These important The losers are U.S.-based companies tive under the law for plans entered rural health care provisions would keep and their workers. The net tax cost of into after September 23, 2010. For most ambulances running in rural areas and doing business globally will rise for plans, the requirement to include chil- improve Medicare payments for both American-based firms. We already have dren being able to enroll up to age 26 urban and rural hospitals so they are a noncompetitive corporate tax sys- would begin on January 1 of next year able to keep their doors open. tem. Why would we want to make it when the plan year begins. There is also an important provision more uncompetitive? Why would we Private insurance companies have re- left off the bill that ensures that physi- want to transfer more jobs overseas? sponded. They understand that this is cians in rural areas are paid fairly rel- This won’t rise for competing firms not really a cost issue and that it ative to urban States. based in other countries. So Japan, the makes sense to allow the children of Is that such a hard thing to figure, UK, Germany—name any country— the plan holders up to the age of 26 to that if you are under Medicare, a na- those competing firms will have a leg be enrolled immediately. Most of the tional program, you ought to be treat- up because of the tax policy in this bill. private insurance companies have re- Some characterized these generic tax ed the same in rural areas as urban sponded by opening enrollment now. increases as ending a tax incentive for America? OPM Director John Berry would like shipping jobs overseas. As I have indi- The bill before us also fails to protect to do the same. He has stated he would cated, the opposite will occur. The em- beneficiaries from having their phys- like to begin expanding coverage for bedded higher taxes burden only U.S.- ical and occupational therapy cut off. enrollee adult children now, rather based companies. In a globally com- It also fails to extend the add-on pay- than wait until January to offer this petitive environment, with much of the ment for Medicare mental health serv- cost-saving benefit. The problem is, growth in sales overseas, the impact of ices furnished by psychologists and current law prevents him from doing those taxes will have to be absorbed mental health counselors. that because of the definition of a de- here in the United States. The after- This add-on has been critical in im- tax rate of return on those U.S.-based pendent child being an unmarried proving access to mental health care business activities will decline. The child, age 22. services for Medicare beneficiaries and The purpose of this amendment is to costs will have to be cut elsewhere to even military personnel suffering from give OPM the authority to start to en- pull the rate of return back up to a roll now children who have not reached stress and other mental health issues. competitive level because, in this glob- their 26th birthday. This is particu- Again, the Republican alternative will al economy, we have to compete. U.S.- afford these protections and offset the based labor and other expenses will, as larly important knowing we are in the costs; in other words, it will be paid we might not be surprised, be cut. graduation season. Many of us are very for. As with the health care bill, the proud to attend our children’s gradua- The bill before us also fails to extend American people are sending a message tions. Many of these children would the Q-I program, which provides assist- to those of us representing them in the like to remain on their parents’ policy ance to low-income beneficiaries. The Congress. The message is this: Finish now that they are no longer eligible for Q-I program covers the Part B pre- these time-sensitive matters and do it insurance at college. Unfortunately, mium and out-of-pocket costs for sen- in a fiscally responsible manner. Of without this change, they will have to iors. Without it, many low-income sen- course, that is a message that has been wait until January of next year, which iors will be forced to decide between ignored for several months. will cause a lapse in coverage. getting needed medical care and basic Now we get to these tax extenders. The scoring of this is insignificant. necessities such as food. They have been attacked as fat-cat tax We are not talking about a significant The bill before us misses the oppor- breaks one week. Then a week later the amount of additional cost. In fact, we tunity to fix the incredibly short-sight- same critics have labeled them as job believe it is really a cost-savings issue. ed policy in the health reform bill that incentives. They have been hijacked This amendment was offered as a bill created a Medicaid payment cliff for and manipulated for partisan purposes. and enjoys bipartisan support. Sen- primary care providers. That is why, 4 months after scuttling a ators COLLINS, LIEBERMAN, AKAKA, Have we not learned anything from bipartisan compromise on bipartisan ROCKEFELLER, MIKULSKI, BINGAMAN, our Medicare provider payment prob- policy, the Senate finds itself strug- JOHNSON, KAUFMAN, KERRY, LANDRIEU, lems? The Republican alternative con- gling to complete this bill. It could STABENOW, WARNER, DODD, DORGAN, verts the 2-years of additional pay- have been done so easily in February. LEVIN, CANTWELL, CASEY, and HAGAN ments to Medicare providers to a grant This is somehow routine, unfinished have joined in cosponsoring this legis- program to get States to increase pay- business the American people rightly lation. It has the support of the Na- ments to providers. The same dollars, expect us to complete. tional Active and Retired Federal Em- but we do not end up having a cliff I yield the floor. ployees Association, the National Fed- where there will have to be a lot of The PRESIDING OFFICER. The Sen- eration of Federal Employees, the money made up at some future time. ator from Maryland is recognized. American Federation of Government

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4642 CONGRESSIONAL RECORD — SENATE June 8, 2010 Employees, the National Treasury Em- budget discipline in periods of reces- (B) in section 8905(c)(2)(B)— ployees Union, and the list goes on. sion. It is why the Budget Enforcement (i) in clause (i), by striking ‘‘22 years of This amendment makes abundant Act carried on that policy by allowing age’’ and inserting ‘‘26 years of age’’; and sense. Our clear intent is to allow exceptions for budget emergencies, and (ii) in clause (ii), by striking ‘‘age 22’’ and those who are under Federal employ- inserting ‘‘age 26’’. budget resolutions have carried that (2) PROVISIONS RELATING TO MARITAL STA- ees’ health benefit plans to take advan- policy further to the current day. TUS.—Chapter 89 of title 5, United States tage of enrolling their children now. The Senator from Alabama also took Code, is further amended— This amendment basically clarifies issue with the budgetary treatment of (A) in section 8901(5) and subsections that law so that OPM can move for- payments to doctors under Medicare. (b)(2)(A), (c)(2)(B), (e)(1)(B), and (e)(2)(A) of ward to enroll children up to the age of That provision is in our amendment, section 8905a, by striking ‘‘an unmarried de- 26 immediately and not wait until Jan- paying doctors at the end of next year. pendent’’ each place it appears and inserting uary of next year, causing a lapse in In our amendment, the provision on ‘‘a dependent’’; and coverage. It is a bipartisan amend- (B) in section 8905(c)(2)(B), by striking ‘‘un- doctors’ payments simply says this married dependent’’ and inserting ‘‘depend- ment, insignificant cost. I hope it will provision will be accounted for as Con- ent’’. be cleared so I may offer it, and hope- gress provided in the Pay-As-You-Go (c) EFFECTIVE DATE.—The amendments fully we can act on it without too Act. This provision does not evade the made by this section shall become effective much time. budget law. This provision merely pro- as if included in the enactment of section I yield the floor. vides for this bill’s treatment in ac- 1001 of the Patient Protection and Affordable cordance with the budget law. So the Care Act (Public Law 111–148), except that f the Director of the Office of Personnel Man- RECESS budgetary treatment of this bill is con- agement may implement such amendments sistent with the budget law and it is for such periods before the effective date The PRESIDING OFFICER. Under entirely appropriate. otherwise provided in section 1004(a) of such the previous order, the Senate stands The Senator from Alabama has once Act as the Director may specify. in recess until 2:15 p.m. again offered his amendment to put Mr. CARDIN. Mr. President, I took Thereupon, the Senate, at 12:38 p.m., caps on appropriated spending. That is the floor a little earlier today to ex- recessed until 2:16 p.m. and reassem- basically the same amendment the plain that this amendment allows the bled when called to order by the Pre- Senate has repeatedly rejected. The members of the Federal Employees siding Officer (Mr. BEGICH). Senator from Hawaii, the distinguished Health Benefits plan to be able to en- f chairman of the Appropriations Com- roll their children up to age 26 imme- AMERICAN JOBS AND CLOSING mittee, will no doubt have more to say diately rather than waiting for the be- TAX LOOPHOLES ACT OF 2010— about this in due course. At this point ginning of the year, which would effec- Continued let me note the Sessions amendment tively deny those who are graduating from college today, who may not qual- Mr. BINGAMAN. Mr. President, I violates the Congressional Budget Act and I expect a point of order to be ify as being under 22 and single, to be suggest the absence of a quorum. able to stay or enroll on their parents’ The PRESIDING OFFICER. The raised against the Sessions amendment Federal Employee Benefits plan. This clerk will call the roll. later today. The legislative clerk proceeded to Mr. President, I now ask unanimous is an amendment that the OPM Direc- tor supports in that he would like to do call the roll. consent that the Sessions amendment Mr. BAUCUS. Mr. President, I ask be temporarily laid aside so the Sen- this but can’t do it under the current unanimous consent that the order for ator from Maryland may offer an law. It has minimal cost. Private insurance companies are al- the quorum call be rescinded. amendment. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without lowing up to 26-year-olds to enroll on their parents’ policies today. This al- objection, it is so ordered. objection, it is so ordered. Mr. BAUCUS. Mr. President, the Sen- The Senator from Maryland. lows the government workforce to have those same rights. It would normally ator from Alabama took issue with the AMENDMENT NO. 4304 TO AMENDMENT NO. 4301 use of an emergency designation in the Mr. CARDIN. Mr. President, I call up take effect at the beginning of the year. It makes sense to do this now. It substitute before us. Let me take a mo- my amendment No. 4304. is bipartisan. It is supported by Demo- ment to explain why that use of the The PRESIDING OFFICER. The cratic and Republican Senators. I urge emergency designation is entirely ap- clerk will report. my colleagues to support this amend- propriate. The legislative clerk read as follows: First, the concluding section of the ment. The Senator from Maryland [Mr. CARDIN] With that, I yield the floor and sug- amendment designates two items as proposes an amendment numbered 4304 to amendment No. 4301. gest the absence of a quorum. emergency items. Those items are un- The PRESIDING OFFICER. The employment insurance and additional Mr. CARDIN. I ask unanimous con- clerk will call the roll. payments to States under Medicaid. sent that the reading of the amend- The assistant bill clerk proceeded to Both of these items are directly related ment be dispensed with. call the roll. to the economic emergency that we The PRESIDING OFFICER. Without Mr. KYL. I ask unanimous consent find ourselves in; namely, the great re- objection, it is so ordered. that the order for the quorum call be cession. The amendment is as follows: rescinded. From the beginning of emergency (Purpose: To provide for the extension of de- The PRESIDING OFFICER (Mrs. designations, with the Budget Enforce- pendent coverage under the Federal Em- GILLIBRAND). Without objection, it is so ment Act of 1990, Congress has recog- ployees Health Benefits Program) ordered. nized periods of recession as true emer- At the appropriate place, insert the fol- Mr. KYL. Madam President, I rise to gencies, and that makes good economic lowing: speak to the pending bill and a poten- sense as well. It makes good sense to SEC. llll. EXTENSION OF DEPENDENT COV- tial amendment Senator VITTER is pre- ERAGE UNDER FEHBP. allow automatic stabilizers such as un- paring and hopes to offer, an amend- (a) SHORT TITLE.—This section may be employment insurance and Medicaid to cited as the ‘‘FEHBP Dependent Coverage ment which would make sure that any spend more when the economy is in Extension Act’’. increase in the trust fund for oilspills rough shape. Programs such as unem- (b) IN GENERAL.— would be spent on cleaning up oilspills. ployment insurance and Medicaid help (1) PROVISIONS RELATING TO AGE.—Chapter That might seem rather obvious, but it to cushion the blow for those hurt by 89 of title 5, United States Code, is amend- turns out that the bill before us in- bad economic times. Programs such as ed— creases the required contribution of oil unemployment insurance and Medicaid (A) in section 8901(5)— companies to this trust fund to clean (i) in the matter before subparagraph (A), help to increase economic demand, and by striking ‘‘22 years of age’’ and inserting up oilspills from 8 cents to 41 cents per that helps to keep the recession short- ‘‘26 years of age’’; and barrel and then spends the money not er than it otherwise would be. (ii) in the matter after subparagraph (B), to clean up oilspills but, rather, to pay That is why the old Gramm-Rudman- by striking ‘‘age 22’’ and inserting ‘‘age 26’’; for other items in the underlying legis- Hollings law provided for exceptions to and lation, the so-called extenders bill.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4643 That is not right. If we are going to in- So when Social Security needs that And if we think it is a good idea to crease the money to pay for oilspills, money to pay seniors’ retirement, it make the oil companies spend more we ought to spend the money to clean goes to the bank and says: We need money in order to do that, then that is up oilspills. some of that money now. where we ought to be spending the What the Vitter amendment does is The bank says: We are sorry. Con- money, not taking that money and very simple. It says if that is what we gress has already spent it all. You will using it to pay for other things in this are raising the money to do, then that have to raise taxes on the American legislation. We have already done it is what we should spend it on. I will public so there is enough money to pay with Social Security. We have already quote from the amendment: seniors their retirement. done it with health care. We have done The revenue resulting from any increase in But didn’t seniors already pay into it with a lot of other things. the Oil Spill Liability Trust Fund financing the retirement? The American people are getting sick rate under section 4611 of the Internal Rev- Yes, they did. and tired of this duplicity on the part enue Code of 1986 shall— What happened to the money? of the Congress. All we do is spend (1) not be counted for purposes of offsetting revenues, receipts, or discretionary spending Congress spent it. around here. Then when it comes time under the Congressional Budget Act of 1974 A more recent example is the health to pay for it, we say: We are going to or the Statutory Pay-As-You-Go Act of 2010; care legislation. We decided—not we; pay for it. We are not going to increase and the other side—it would be a good idea the deficit. We will pay for it by taking (2) shall only be used for the purposes of to save $500 billion from Medicare; in it from some other fund. The money the Oil Spill Liability Trust Fund. other words, to reduce the expenses of was raised for some other purpose. It is fairly straightforward. Medicare by $1⁄2 trillion over 10 years. That is how we will pay for it. That is Why do we have to have this amend- Some of us thought it is certainly the as dishonest as not paying for it in the ment? Because the underlying bill, the case that the Medicare trust fund is in first instance and instead sending the extenders bill, raises the required con- trouble. There isn’t enough money in bill to our kids and grandkids. tribution to the trust fund and then the Medicare trust fund to continue to At some point, Congress has to start spends that money not on cleaning up pay benefits for seniors’ health care. At paying for what we are spending money oilspills but to pay for the extension of least what they are trying to do will on. If we really want to continue to in- benefits under the so-called extenders extend the life of Medicare. In fact, the crease spending—and this bill spends bill. It doesn’t pay for anything in par- claim was made by many on this side over $100 billion—let’s be honest and ticular; it is simply used to offset the of the aisle: This is going to extend the find sources of revenue that really re- $100-plus billion expenses in this legis- life of Medicare, extend the trust fund’s duce spending in some case so that we lation. viability for 17 years. It was either 17 can then apply that funding here, or if The particular provision in the un- years or until the year 2017—I cannot the other side would like to raise derlying bill that raises the contribu- remember. taxes—and there are certainly a lot of tion of the oil companies from 8 cents Then the Actuary of CMS issued a re- taxes in this legislation, which I op- a barrel excise oil tax to 41 cents is sec- port and said: Not so fast. It turns out pose—the other way we can do it is to tion 431. The House-passed extenders that money is not going to be used to raise taxes and hurt businesses so that package increased it to 34 cents a bar- extend the viability of Medicare. We we don’t create as many jobs. That is a rel, and then, under the provisions of are going to spend it on new entitle- great thing to do in the middle of a re- this legislation, it is increased to 41 ments in the health care legislation. cession, but that is another way to do cents a barrel. I remember talking to the distin- it. Either reduce spending somewhere Why is this being done? The reason guished chairman of the Finance Com- else or generate more revenue through this is being done is to offset part of mittee at the time in the Chamber. taxes. But don’t generate revenue for the expense of the $100-plus billion of Since the Actuary of CMS says we the oilspill trust fund and then imme- this extenders bill. It doesn’t offset all diately take that revenue and spend it of the expenses, obviously. can’t spend this money twice, we can’t spend it both on the new entitlement on this bill. That is not an honest way If we are going to raid the oil trust to offset spending in the underlying fund, which otherwise would be used to in the health care legislation and still legislation. clean up the oilspill, we better have a count it as preserving the viability of Medicare, which is it going to be? We This is another example of why the very good reason for doing so, espe- American people are upset with the cially since all attention is focused never got an answer. In truth, I suspect it is going to be spent on the new enti- Congress. right now on the very difficult job of I would hope that before this legisla- dealing with this big disaster. In fact, tlement and we will not be extending the viability of Medicare. You can’t tion is finally disposed of, we would ei- it has been described as the biggest dis- ther drop this provision from the bill, aster of its kind in all of history for spend the same dollar twice. That is what the CMS Actuary pointed out. this section 431, or we would adopt the the United States. We are going to Vitter amendment which would ensure need every dime we can get in order to Time and time again, when Congress is deceiving the American people by whatever funds are collected under pay for the oilspill. that provision are used for the pur- What happens? About the time we raising funds for something, a specific poses for which they were collected; seek to get the money to deal with this purpose—to clean up the oilspill, to namely, to clean up the oilspill, and disaster, whoever is in charge of the save Medicare, to fund Social Secu- not to offset spending in other parts of money says: We are sorry. It is all rity—we steal that money from the fund that was created for a specific the bill. gone. We spent it on the tax extenders The PRESIDING OFFICER (Mr. purpose and spend it on other things. bill. KAUFMAN). The Senator from Min- We should be honest with the American We ask: What does the tax extenders nesota. bill have to do with the 41 cents per people. AMENDMENT NO. 4311 TO AMENDMENT NO. 4301 barrel collected from the oil compa- The Vitter amendment will at least Mr. FRANKEN. Mr. President, I ask nies? make clear that to the extent we raise Nothing. But we needed the money, money by raising the price per barrel unanimous consent that the pending so we spent it instead. oil companies must pay into the trust amendment be set aside and that my That reminds me of two other exam- fund, to the extent we collect money amendment No. 4311 be called up. The PRESIDING OFFICER. Is there ples. We pay into the Social Security from that, we have to spend it on objection? trust fund so that when we retire, the cleaning up the oilspill, not on the The Chair hears none, and it is so or- funds are there to pay us. It turns out other things in the bill that is pending. dered. that each year more money is paid into I hope when the time comes we will The clerk will report the amendment. the fund than is necessary to pay out be able to consider the Vitter amend- The bill clerk read as follows: in benefits. As a result, we take that ment and we will be honest with the The Senator from Minnesota [Mr. money and we put it away so we will American people and say that one of FRANKEN], for himself, Ms. SNOWE, and Mrs. have it in the future, right? Wrong. the first things we have to do is to MURRAY, proposes an amendment numbered Congress spends it. make sure we can clean up the oilspill. 4311 to amendment No. 4301.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4644 CONGRESSIONAL RECORD — SENATE June 8, 2010 Mr. FRANKEN. Mr. President, I ask (A) running a triage hotline for home- able Modification Program participants, in- unanimous consent that reading of the owners at risk of foreclosure; cluding recommendations for mitigating amendment be dispensed with. (B) providing homeowners with access to such disputes; The PRESIDING OFFICER. Without housing counseling programs of the Depart- (4) data and analysis on the resolutions of objection, it is so ordered. ment of Housing and Urban Development at the complaints received from homeowners, The amendment is as follows: no cost to the homeowner; housing counselors, and housing lawyers; (C) developing Internet tools related to the (5) identification of any programs or initia- (Purpose: To establish the Office of the Home Affordable Modification Program; and tives that the Office has taken to improve Homeowner Advocate for purposes of ad- (D) developing training and educational the Home Affordable Modification Program; dressing problems with the Home Afford- materials. (6) recommendations for such administra- able Modification Program) (b) AUTHORITY.— tive and legislative action as may be appro- At the appropriate place, insert the fol- (1) IN GENERAL.—Staff designated by the priate to resolve problems encountered by lowing: Director shall have the authority to imple- Home Affordable Modification Program par- TITLE ll—OFFICE OF THE HOMEOWNER ment servicer remedies, on a case-by-case ticipants; and ADVOCATE basis, subject to the approval of the Assist- (7) such other information as the Director SEC. l01. OFFICE OF THE HOMEOWNER ADVO- ant Secretary of the Treasury for Financial may deem advisable. CATE. Stability. SEC. l05. FUNDING. (a) ESTABLISHMENT.—There is established (2) LIMITATIONS ON FORECLOSURES.—No Amounts made available for the costs of in the Department of the Treasury an office homeowner may be taken to a foreclosure administration of the Home Affordable Modi- to be known as the ‘‘Office of the Homeowner sale, until the earlier of the date on which fication Program that are not otherwise ob- Advocate’’ (in this title referred to as the the Office of the Homeowner Advocate case ligated shall be available to carry out the ‘‘Office’’). involving the homeowner is closed, or 60 duties of the Office. Funding shall be main- (b) DIRECTOR.— days since the opening of the Office of the tained at levels adequate to reasonably carry (1) IN GENERAL.—The Director of the Office Homeowner Advocate case involving the out the functions of the Office. of the Homeowner Advocate (in this title re- homeowner have passed, except that nothing ferred to as the ‘‘Director’’) shall report di- Mr. FRANKEN. Mr. President, I rise in this section may be construed to relieve today to speak about an issue I am rectly to the Assistant Secretary of the any loan servicers from any otherwise appli- Treasury for Financial Stability, and shall cable rules, directives, or similar guidance very concerned about, and I know be entitled to compensation at the same rate under the Home Affordable Modification every Member of this body is concerned as the highest rate of basic pay established Program relating to the continuation or about: the number of families losing for the Senior Executive Service under sec- completion of foreclosure proceedings. their homes to foreclosure. tion 5382 of title 5, United States Code. (3) RESOLUTION OF HOMEOWNER CONCERNS.— When I go back to Minnesota, and I (2) APPOINTMENT.—The Director shall be The Office shall, to the extent possible, re- know when the Presiding Officer goes appointed by the Secretary, after consulta- solve all homeowner concerns not later than home to Delaware, we are bombarded tion with the Secretary of the Department of 30 days after the opening of a case with such Housing and Urban Development, and with- by stories from folks in our States who homeowner. have worked their entire lives to own a out regard to the provisions of title 5, United (c) COMMENCEMENT OF OPERATIONS.—The States Code, relating to appointments in the Office shall commence its operations, as re- home but who may lose it. They want competitive service or the Senior Executive quired by this title, not later than 3 months to know why this is happening to them Service. after the date of enactment of this Act. after they have worked so hard and (3) QUALIFICATIONS.—An individual ap- (d) SUNSET.—The Office shall cease oper- why the government is not doing more pointed under paragraph (2) shall have— ations as of the date on which the Home Af- to help. (A) experience as an advocate for home- fordable Modification Program ceases to op- The reality is, the government has owners; and erate. (B) experience dealing with mortgage done something. The President created SEC. l03. RELATIONSHIP WITH EXISTING ENTI- a program called HAMP, which servicers. TIES. (4) RESTRICTION ON EMPLOYMENT.—An indi- (a) TRANSFER.—The Office shall coordinate incentivizes mortgage servicers to vidual may be appointed as Director only if and centralize all complaint escalations re- modify home loans to keep families in such individual was not an officer or em- lating to the Home Affordable Modification their houses. But while that program is ployee of either a mortgage servicer or the Program. a good step forward, it has also been Department of the Treasury during the 4- (b) HOTLINE.—The HOPE hotline (or any plagued by mistakes. People are losing year period preceding the date of such ap- successor triage hotline) shall reroute all their homes just because of human pointment. complaints relating to the Home Affordable error. Let me repeat that. People are (5) HIRING AUTHORITY.—The Director shall Modification Program to the Office. have the authority to hire staff, obtain sup- (c) COORDINATION.—The Office shall coordi- losing their homes simply due to er- port by contract, and manage the budget of nate with the compliance office of the Office rors. the Office of the Homeowner Advocate. of Financial Stability of the Department of When I spoke about this previously SEC. l02. FUNCTIONS OF THE OFFICE. the Treasury and the Homeownership Preser- on the Senate floor, I mentioned a (a) IN GENERAL.—It shall be the function of vation Office of the Department of the Treas- homeowner named Barbara, who lives the Office— ury. in Minneapolis. She fell behind in (1) to assist homeowners, housing coun- SEC. l04. REPORTS TO CONGRESS. mortgage payments because her hus- selors, and housing lawyers in resolving (a) TESTIMONY.—The Director shall be band lost his job and her son got can- problems with the Home Affordable Modi- available to testify before the Committee on cer. But when she tried to use the fication Program of the Making Home Af- Banking, Housing, and Urban Affairs of the fordable initiative of the Secretary, author- Senate and the Committee on Financial President’s mortgage modification pro- ized under the Emergency Economic Sta- Services of the House of Representatives, not gram, her mortgage servicer claimed bilization Act of 2008 (in this title referred to less frequently than 4 times a year, or at any she was not eligible for a mortgage as the ‘‘Home Affordable Modification Pro- time at the request of the Chairs of either modification, and he did so using incor- gram’’); committee. rect information about her finances. (2) to identify areas, both individual and (b) REPORTS.—Once annually, the Director When she pointed out the problem, systematic, in which homeowners, housing shall provide a detailed report to Congress they claimed there was nothing she counselors, and housing lawyers have prob- on the Home Affordable Modification Pro- could do because she had already been lems in dealings with the Home Affordable gram. Such report shall contain full and sub- Modification Program; stantive analysis, in addition to statistical denied. (3) to the extent possible, to propose information, including, at a minimum— Take another woman from Min- changes in the administrative practices of (1) data and analysis of the types and vol- neapolis. Let’s call her Susan. She did the Home Affordable Modification Program, ume of complaints received from home- not want me to use her real name. to mitigate problems identified under para- owners, housing counselors, and housing law- After Susan fell behind in mortgage graph (2); yers, broken down by category of servicer, payments, she went through HAMP and (4) to identify potential legislative changes except that servicers may not be identified paid all of her monthly payments on which may be appropriate to mitigate such by name in the report; time. Her mortgage servicer, however, problems; and (2) a summary of not fewer than 20 of the seems unwilling or unable to decide (5) to implement other programs and ini- most serious problems encountered by Home one way or another if she is eligible for tiatives that the Director deems important Affordable Modification Program partici- to assisting homeowners, housing coun- pants, including a description of the nature a ‘‘final modification,’’ which would selors, and housing lawyers in resolving of such problems; allow her to continue paying a lower problems with the Home Affordable Modi- (3) to the extent known, identification of amount on her mortgage and stay in fication Program, which may include— the 10 most litigated issues for Home Afford- her home.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4645 In the meantime, the company con- program we have created. Homeowners during this administration. Around tinues to schedule sheriff sales for the in all our States deserve that much. February of 2009, Rahm Emanuel, the property, which, in turn, increases the Mr. President, I yield the floor. White House Chief of Staff, said: We amount that Susan owes in fees. In I suggest the absence of a quorum. are not going to let a good crisis go to other words, because HAMP is not The PRESIDING OFFICER. The waste. At the time, he was talking working the way it should, Susan may clerk will call the roll. about the financial crisis and har- owe more money than she would other- The bill clerk proceeded to call the nessing that to push forward the wise, and she may be even more at risk roll. Obama administration’s unrelated, of losing her home. Mr. VITTER. Mr. President, I ask left-leaning agenda. This is not the way the government unanimous consent that the order for Tragically, exactly the same thing is is supposed to work. If we are going to the quorum call be rescinded. going on here: We are not going to let have a government program, let’s The PRESIDING OFFICER. Without a good crisis go to waste. They are make sure it operates effectively. I objection, it is so ordered. going to use the ongoing oil disaster in think we can all agree on that. Let’s GULF OILSPILL the gulf to help mask runaway Federal have good governance. People should Mr. VITTER. Mr. President, I come spending. Because, again, they are pro- not be losing their homes just because to the floor to talk about the ongoing posing to increase this tax from 8 cents we cannot get all our ducks in a row. oil disaster in the gulf. Being from to 41 cents—over a fivefold increase— Today, Senator SNOWE and I are of- Louisiana, we view this, correctly, as but it does not go for gulf cleanup. It is fering an amendment to fix the HAMP an ongoing disaster. This is not his- stolen from there just as quickly as it appeals process so that homeowners tory. This is not a past event. This is is levied to pay for unrelated spending. have a place to turn when the system not just some issue to debate in Wash- It is double counted to mask the run- fails. This amendment would create an ington. It is an ongoing crisis, an ongo- away spending also in the bill. Office of the Homeowner Advocate ing oil flow that continues to pollute Again, that is not just frustrating; as within Treasury, modeled after the the gulf and continues to devastate the a Member from Louisiana, that is very successful Office of the Taxpayer region economically. downright offensive. This is an ongoing Advocate at the IRS, which has worked So in that context, there is, perhaps, crisis. It is an ongoing challenge and wonderfully. Homeowners would be only one thing that is more frustrating we need to meet it. We need to focus on able to call this Treasury office and than an inadequate response from BP it. We need to deal with it. We do not know that someone has their back— or an inadequate Federal response. The need to use it and abuse it politically someone with the authority to actually only thing more frustrating than to push forward a preexisting, leftist fix the problem. that—in fact, more infuriating—is agenda up here to pay for runaway and Staff at the Office of the Homeowner when this ongoing crisis and disaster is unrelated Federal Government spend- Advocate would have two important used and abused politically for other ing. powers. First, they could make sure purposes. I will have an amendment on the servicers actually follow the rules of I think that is exactly what is going floor in this debate to address this the program or suffer the con- on in this extenders bill. Because in issue. I will formally offer it and make sequences. Secondly, they would be this bill there is a huge increase in it pending tomorrow. But my amend- able to temporarily delay a servicer’s taxes that go to the Oil Pollution Act ment, which will be cosponsored by ability to sell a person’s home, giving trust fund, but that money is not going Senator JUDD GREGG, the ranking the office time to resolve the problem to oil cleanup in the gulf. It is pri- member of the Budget Committee, is before it is too late. marily being used to go into the trust real simple. It is going to say that The office would be temporary, last- fund to be stolen from it for unrelated whatever Congress does with this new ing only as long as HAMP does. While spending to mask the deficit spending revenue into the OPA trust fund, it it lasts, though, it would make sure in this bill. Quite frankly, when we are cannot steal that revenue for unrelated that government actually works the going through an ongoing crisis in the spending. It cannot use that revenue, way it is supposed to work. If we are gulf, that is not frustrating, it is out- double count that revenue to mask going to set up a program to help keep rageous. other unrelated runaway deficit spend- people in their homes, let’s actually What am I talking about exactly? ing. That is what my amendment is make sure it keeps people in their This is what I am talking about: Right going to say and that is what my homes. now, under Federal law, there is a tax amendment is going to do. Significantly, this amendment does levied on petroleum products of 8 cents We have a crisis in the gulf. It is on- not authorize any additional appropria- per barrel. That funds the Oil Pollution going. It is not over yet, unfortunately, tions. Let me repeat that. There are no Act trust fund. In this extenders bill, by a long shot, because the flow is on- additional appropriations. It would be that tax is proposed to be increased by going, the pollution is ongoing, and it funded by existing HAMP administra- the majority side from 8 cents to 41 is getting worse and worse. We need to tive funds. cents—over a fivefold increase. meet that crisis. We need to meet that Our amendment is supported by a If that were necessary and crucial to challenge and do whatever it takes. We large number of national groups, in- fund cleanup operations in the gulf, I don’t need to use and abuse that crisis cluding the Center for Responsible would be completely open to it. We to push forward other unrelated agen- Lending, the National Consumer Law need to do whatever it takes. But that das here in Washington, DC. Center, the Leadership Conference on is not how that money is being used. It This provision in the extenders pack- Civil and Human Rights, the Con- is being used as a cover to increase age is doing just that. It is using and sumers Union, the Consumer Federa- taxes and to offset other unrelated abusing that crisis to put money in the tion of America, the Service Employ- spending. Because in this bill that tax OPA trust fund just to take it out, to ees International Union, and the Na- is increased from 8 cents to 41 cents, steal it for unrelated programs, to dou- tional Council of La Raza. I am happy and then, just as quickly, that money ble count it, to mask runaway deficit to say the amendment is supported by is stolen from the trust fund to pay for spending completely unrelated to the over a dozen groups in Minnesota. other unrelated items in the bill. oil disaster. As a Senator from Lou- Senator SNOWE and I first proposed Put another way, it is double count- isiana, I am crying foul. I am saying this amendment during the Wall Street ed. It is used as an offset on other that is not only wrong, it is offensive. reform debate. The amendment was spending items in the bill that have We shouldn’t use and abuse an ongoing supported by the Treasury Department nothing to do with the oil disaster, crisis in the gulf for other unrelated and made the White House’s list of the nothing to do with the cleanup. It is political purposes. top 10 amendments that would improve double counting. It is an unfair offset. So, again, I will have a very clear the bill. But it never received a vote. It is stealing from the trust fund to amendment. It will say whatever we do Now we are putting it to the Senate mask other spending. Unfortunately, I with the OPA trust fund, that money again. Let’s have an actual vote on this think this is a classic example of the can’t be stolen from the trust fund and issue on whether to fix this foreclosure old Rahm Emanuel quote from early on used for unrelated purposes. That

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4646 CONGRESSIONAL RECORD — SENATE June 8, 2010 money can’t be double counted to help the safety net legislation and invest- work this summer. Many of them need mask runaway government spending ment incentives that are helping us get to work to help save for college, to help having nothing to do with the ongoing through and out of this recession. their families. Unfortunately, because crisis in the gulf. If it is a trust fund, Unfortunately, we have not yet been of the recession, it is more difficult for let’s treat it as a trust fund, and that able to send this bill to President a teenager to get a job today than it means we take the revenue and we Obama for his signature. For the last 3 has been in a very long time. High un- truly preserve it for that use and that months, we have had almost weekly employment has forced more adults to use alone and it can’t be stolen for any- standoffs on temporary measures to do compete for every job, and they are thing else, and it can’t be double what we already voted to do back in often filling jobs that once went to counted to mask other deficit spend- March, which is help people throughout young people. That is a problem for ing. this country get back to work. This young people, and it is a threat to the I think it comes down to a pretty delay has had real consequences. Over future of the economy. fundamental decision: Are we here in the last 6 months, the Federal unem- Last year, Congress stepped in and the Senate going to meet the ongoing ployment program has expired four created a summer jobs program to em- crisis in the gulf? Are we going to meet times—most recently, over Memorial ploy tens of thousands of teens, which that challenge? Are we going to come Day. included over 500 young people in New together across party lines and do the Mr. President, you and I know the Hampshire. right thing? Or, are some folks here American people deserve better. The I got to meet two of those students going to use it and abuse it to advance legislation before us will create jobs, it last week. Dawn White, who will be a an unrelated political agenda; to steal will increase demand for goods and senior at Dover High School this fall, that money for unrelated spending; to services, and it will provide stability talked to me about her ‘‘life-changing double count it and help mask unre- for Americans who have lost their jobs summer job experience’’ that she had lated, runaway Federal Government during this recession. In addition to ex- last summer as a result of the dollars spending? We shouldn’t do that. That is tending unemployment benefits we put in to help fund summer jobs. rubbing salt in the wound of gulf coast through November, the bill also renews She worked setting up exhibits at a residents. That is truly offensive and a tax credit to support research and de- local children’s museum. Dawn told me truly wrong. velopment; it waives the fees on busi- that having that summer job built her I urge all of my colleagues, Demo- ness owners who take out Small Busi- confidence and helped her identify a crats and Republicans, to support this ness Administration loans; it helps mu- new goal for the future to work with amendment. I will formally introduce nicipalities make critical infrastruc- children. In Nashua, I met Elizabeth it and make it pending tomorrow. ture improvements; and it funds a Madol, a senior at Trinity High School Again, the idea is very simple. What- much needed summer youth jobs pro- in Manchester. She worked at the pub- ever we do with the OPA trust fund, it gram. lic library in Manchester and helped I know there are some people who should be to deal with the crisis in the young children with summer reading think we have done all we should do. I, gulf. It should be to preserve that and and other activities. She told me that too, believe we must get back on a path protect that in a true trust fund; not to this had been her first job and that be- to a balanced budget, but the best way steal it out of the trust fund to pay for cause of it she now has the skills and to do that is to get this economy mov- unrelated spending; not to double work experience she needs to get an- ing again. The latest jobs report from count it to mask soaring Federal Gov- other job this year. Those are just two last Friday showed that we still have a ernment deficits having nothing to do stories out of hundreds of young people lot of ground to make up. During these with our response in the gulf. in New Hampshire and all across this very difficult economic times, it is still Thank you, Mr. President. I look for- country. Those are young people who, necessary for the Federal Government ward to continuing this debate. I look because of those summer jobs, have had to step up and help stimulate job cre- forward to filing, introducing, and phenomenal results. making this amendment pending to- ation through investments and tax morrow, and I look forward to a posi- cuts. An independent study showed that tive vote. The national unemployment rate is young people were excited by the skills With that, I suggest the absence of a still over 9 percent. In many commu- they gained through summer work and quorum. nities, it is much higher than that. they left better prepared to join the The PRESIDING OFFICER. The What is more, nearly 7 million people— workforce. They were exposed to new clerk will call the roll. nearly half of all Americans collecting careers and new opportunities. They The assistant bill clerk proceeded to unemployment benefits—have been out learned about responsibility and devel- call the roll. of work for 6 months or longer. They oped professional relationships. Many Mrs. SHAHEEN. Mr. President, I ask have run out of the benefits provided even left with job offers for after they unanimous consent that the order for by their States. These are the workers graduated. This is particularly impor- the quorum call be rescinded. who are collecting Federal unemploy- tant for us because many of these The PRESIDING OFFICER. Without ment benefits, which they are using to young people are young people who, objection, it is so ordered. pay the rent, make mortgage pay- without those summer jobs, would Mrs. SHAHEEN. Mr. President, I am ments, buy groceries, and put gas in never have a chance to enter the work- here to speak to this bill we are consid- their cars to go out and look for the force or they would enter at a time ering, the American Jobs and Closing next job. This legislation extends this that would leave them behind for years Tax Loopholes Act. Too many people in vital program until the end of Novem- to come. New Hampshire and across this coun- ber. The legislation before us contains $1 try are still struggling. I wish to talk Another group of Americans who are billion to extend the summer jobs pro- today about some of the provisions helped by this legislation and who are gram for another year, creating tens of that are in the legislation before us, hurting right now are teenagers. These thousands of jobs and giving hundreds provisions that will create jobs, grow young people have an unemployment more young people in New Hampshire small businesses, and help unemployed rate that is more than double the na- and hundreds of thousands more across Americans who are still struggling to tional average. In fact, right now this country the chance to work. We get back to work. young people are having a harder time can’t build a 21st-century economy un- As you know, Mr. President, we have finding jobs than at any time since less we start building our young work- been here before. On March 10 of this World War II. force. We need workers with all kinds year, almost 3 months ago, the Senate Last week, I visited Nashua, NH, and of skills and interests. By giving teen- took up and passed a bill that con- Dover High School in Dover, NH, where agers a foot in the door today, they tained most of the provisions we are I used to teach school. A lot of the stu- will give back to our economy in the considering today. That day, the Sen- dents in both of those communities are future. That is the power of what the ate voted, with bipartisan support, to pretty excited about summer begin- funds in this legislation for summer stand with working families and extend ning. Many of those students want to jobs can do.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4647 Finally, the legislation we are con- First and foremost, what you need to know That is an admirable goal. There is sidering takes away tax breaks that re- is that the guaranteed Medicare benefits significant waste, fraud, and abuse in ward corporations for sending jobs that you’ve earned will not change, regard- the Medicare system. How much waste, less of whether you receive them through overseas, and it gives tax incentives to Medicare or Medicare Advantage. fraud, and abuse is there? I am not sure small businesses to create jobs right anyone knows for sure exactly how Seniors who know a lot about Medi- here in America. much there is, but the Associated care Advantage know that is not the This is a good bill. It is legislation Press, with a lot of study, has said it is case. You do not have to go very far that will make a real difference in our about $47 billion a year—$47 billion a communities by creating jobs and help- back to find it. Yesterday’s Wall Street Journal talked about Medicare, and year. ing struggling families. It is an invest- What do the budget people who ment in our present, and it is an in- specifically Medicare Advantage. I will quote from this article. It says: looked at this health care law say vestment in our future. I urge my col- about how good is it going to be, how Dozens of Medicare Advantage providers— leagues to once again support the effective? The President is talking American Jobs and Closing Tax Loop- These are the insurance companies about cutting it in half from $47 bil- that help with Medicare Advantage— holes Act. lion. If you can save $23 billion a year, I yield the floor. plan to cut back vision, dental and prescrip- that is an accomplishment. The Con- tion benefits. The PRESIDING OFFICER. The Sen- gressional Budget Office estimated ator from Wyoming. ‘‘Plan to cut back vision, dental and that Medicare, Medicaid, and the Chil- Mr. BARRASSO. Mr. President, I ask prescription benefits.’’ dren’s Health Program, with the integ- unanimous consent to speak as in Some plans are eliminating free teeth rity provisions—those are the provi- morning business. cleanings and gym memberships, and raising The PRESIDING OFFICER. Without fees for hearing aides, eye glasses and emer- sions aimed at waste, fraud, and objection, it is so ordered. gency-room visits. abuse—they are thinking that over the next 4 years, they will save about $2.2 HEALTH CARE REFORM Wait a second. The President of the billion and over the next 10 years, they Mr. BARRASSO. Mr. President, I United States said Medicare Advantage will save almost $7 billion. come to the floor today because the benefits will not change. This says Savings are good, but they are going President of the United States earlier there are a couple of reasons why he is to save $7 billion over 10 years when, today had a townhall meeting to talk wrong. One of the reasons is that the according to the Associated Press, we about the new health care law, the law rate the government will pay private are losing almost $500 billion over 10 he has promoted and talked about and insurers to run the plan is frozen. It is years to waste, fraud, and abuse. which has been a major point of discus- frozen in 2011 at the 2010 levels, while The savings, according to the Con- sion, debate, and then vote in this medical costs are expected to increase gressional Budget Office, are minus- Chamber over the last year. an average of at least 6 percent. I come as someone who has practiced I thought we went into this whole cule, but yet the President today, talk- medicine in Casper, WY, since 1983, as health care debate and discussion with ing to this crowd, said we are going to an orthopedic surgeon, taking care of the idea of getting the costs down. Now reduce it by half. I don’t know, maybe he is talking families all around the State of Wyo- what we are seeing is, no, costs are about introducing a new law because it ming, and working on prevention, going to go up in spite of, or perhaps working on early detection of medical because of, this legislation. ‘‘Such sure is not in the health care bill that problems through what is called Wyo- price increases and benefit cuts will was signed into law and passed with 60 ming Health Fairs. help’’ the companies ‘‘recoup that dif- votes in this body. I come to the floor today, having ference . . . ’’—the losses. After the President went through all watched and read the comments by the Medicare Advantage benefits are cer- of these, he then said: President, to take a look at some of tainly going to change, and they are So that’s what the law does. Now, having those comments and see what the going to change in a way that is detri- said that, there—some of the folks who were against health reform in Congress— American people heard from the Presi- mental to the seniors of the country dent and what I see as my doctor’s sec- regardless of what the President said I don’t think anybody is actually ond opinion about this health care law. today in his townhall meeting. against health reform. But I will say Then he went on and said the health It is a law that I believe is bad for pa- there are a lot of people who are bill ‘‘will actually reduce the deficit, tients, bad for payers—the American against this bill. He said: reduce costs.’’ That is what the Presi- taxpayers—and bad for our medical In fact, you have an entire party out there dent said today at his townhall meet- providers—our nurses and our doctors— that’s running on a platform of repeal. ing in Maryland. It is not a party. Sixty percent of the who take care of those patients. Like It is astonishing because I do not be- American people are saying we should most Americans, I believe this is going lieve any person in this Chamber be- repeal and replace this health care law. to, unfortunately, raise the cost of care lieves that. I do not think anyone lis- The President had this meeting, but for American families and lower the tening at home or at the townhall there are a lot of things the President availability and quality of that care. meeting believed it. And the Presi- of the United States did not tell the I wish to point out a few of the com- dent’s Chief Actuary does not believe American people. It is those things— ments the President of the United it. Actually, the Chief Actuary a States said today, and I want to do month or so after the bill was passed, that is the reason 60 percent of the that from my perspective as someone after it was signed into law, released American people are opposed to this who goes home to Wyoming on week- projections that said the health care new law. ends and visits with patients. Just a overhaul will likely cost about $115 bil- He did not mention that Medicare few minutes ago, earlier today, I vis- lion more—more—in spending over the cuts will be $550 billion, and those are ited with a patient, someone I had op- next 10 years than the original cost cuts to hospitals, cuts to nursing erated on, done surgery on her knee projections, taking the total estimated homes, cuts to home health agencies, about 10 years ago. costs to above $1 trillion. cuts to hospice to help people in the One of the things the President The President says this will actually final days and hours of their lives. He talked about today was Medicare Ad- reduce the deficit and reduce costs. did not mention that at all. vantage. Medicare Advantage, in my This is at a time of record deficits, He did not mention that the new opinion, is a program that has a lot of when the American people are very Medicare Director—someone he re- advantages. That is why one out of four concerned about the deficits and the cently named—loves the British health Americans on Medicare signs up for incredible debt. care system and says we are going to Medicare Advantage. It deals with pre- From the transcript of the Presi- need to ration care. The new Director ventive care. It deals with coordinating dent’s speech, as he goes through, he of Medicare is planning to ration care. care, so care is coordinated in a way says: We did not hear that mentioned to the that patients get better care. And finally, we’re going to reduce by half seniors today. The President said Medicare Advan- the amount of waste, fraud and abuse in the We did not hear him mention the fact tage benefits will not change. He said: Medicare system. . . . that up to $18 million has been spent

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4648 CONGRESSIONAL RECORD — SENATE June 8, 2010 on a mailer about the new health care Mr. CORNYN. I ask unanimous con- (6) under certain circumstances, the hold- law that many have referred to as sent that the order for the quorum call ings of the People’s Republic of China could propaganda because it fails to clearly be rescinded. give China a tool with which China can try The PRESIDING OFFICER. Without to manipulate the domestic and foreign pol- and honestly express what is going to icymaking of the United States, including happen to people on Medicare as they objection, it is so ordered. the United States relationship with Taiwan; cut $550 billion from their health care AMENDMENT NO. 4302 TO AMENDMENT NO. 4301 (7) under certain circumstances, if the Peo- over the next years. Mr. CORNYN. Madam President, I ple’s Republic of China were to be displeased I do not think he mentioned that one ask unanimous consent to set aside the with a given United States policy or action, in six hospitals is going to find they pending amendment and call up my China could attempt to destabilize the are in the red living under the new sys- amendment No. 4302. United States economy by rapidly divesting tem. That is what the Chief Actuary The PRESIDING OFFICER. Without large portions of China’s holdings of debt in- objection, it is so ordered. struments of the United States; and has said. (8) the People’s Republic of China’s expan- I don’t think he mentioned the $25 The clerk will report. sive holdings of such debt instruments of the million plan that was mentioned yes- The assistant editor of the Daily Di- United States could potentially pose a direct terday in the New York Times: ‘‘White gest read as follows: threat to the United States economy and to House and Allies Set to Build Up The Senator from Texas [Mr. CORNYN], for United States national security. This poten- Health Law and Democrats Who himself and Mr. KYL, proposes an amend- tial threat is a significant issue that war- ment numbered 4302 to amendment No. 4301. Backed It.’’ It said: rants further analysis and evaluation. Mr. CORNYN. I ask unanimous con- SEC. l04. QUARTERLY REPORT ON RISKS POSED President Obama and his allies, concerned sent that reading of the amendment be BY FOREIGN HOLDINGS OF DEBT IN- about deep skepticism over his landmark STRUMENTS OF THE UNITED health care overhaul, are orchestrating an dispensed with. STATES. elaborate campaign to sell the public on the The PRESIDING OFFICER. Without (a) QUARTERLY REPORT.—Not later than law, including a new tax-exempt group that objection, it is so ordered. March 31, June 30, September 30, and Decem- will spend millions of dollars on advertising The amendment is as follows: ber 31 of each year, the President shall sub- to beat back attacks on the measure and (Purpose: To increase transparency regard- mit to the appropriate congressional com- Democrats who voted for it. ing debt instruments of the United States mittees a report on the risks posed by foreign holdings of debt instruments of the That is what we hear. We now have a held by foreign governments, to assess the risks to the United States of such holdings, United States, in both classified and unclas- health care law that, as NANCY PELOSI and for other purposes) sified form. said, you have to pass before you get to (b) MATTERS TO BE INCLUDED.—Each report find out what is in it. The American At the appropriate place, add the fol- submitted under this section shall include lowing: people are finding out what is in it. the following: TITLE ll—TRANSPARENCY REQUIRE- Week after week, they are finding some (1) The most recent data available on for- MENTS FOR FOREIGN-HELD DEBT eign holdings of debt instruments of the new unintended consequence, some- SEC. l01. SHORT TITLE. United States, which data shall not be older thing they do not want, something This title may be cited as the ‘‘Foreign- than the date that is 7 months preceding the they do not think is good for them. Held Debt Transparency and Threat Assess- date of the report. That is why week after week I come ment Act’’. (2) The country of domicile of all foreign back to the floor to talk about a health SEC. l02. DEFINITIONS. creditors who hold debt instruments of the care law that failed to pay for doctors In this title: United States. who take care of patients, failed to pay (1) APPROPRIATE CONGRESSIONAL COMMIT- (3) The total amount of debt instruments TEES.—The term ‘‘appropriate congressional of the United States that are held by the for- to train doctors, and failed to deal with eign creditors, broken out by the creditors’ lawsuit abuse. committees’’ means the following: (A) The Committee on Armed Services, the country of domicile and by public, quasi-pub- It did have money for a lot of new Committee on Foreign Relations, the Com- lic, and private creditors. IRS agents to try to enforce the law mittee on Finance, and the Committee on (4) For each foreign country listed in para- that is mandating everyone to buy in- the Budget of the Senate. graph (3)— surance. But I think if you talk with (B) The Committee on Armed Services, the (A) an analysis of the country’s purpose in people in any of our home States, they Committee on Foreign Affairs, the Com- holding debt instruments of the United are going to say: We need more new mittee on Ways and Means, and the Com- States and long-term intentions with regard mittee on the Budget of the House of Rep- to such debt instruments; doctors; we don’t need more IRS (B) an analysis of the current and foresee- agents. resentatives. (2) DEBT INSTRUMENTS OF THE UNITED able risks to the long-term national security That is why I come to the floor with STATES.—The term ‘‘debt instruments of the and economic stability of the United States my second opinion, an opinion which United States’’ means all bills, notes, and posed by each country’s holdings of debt in- says it is time to repeal the legislation bonds issued or guaranteed by the United struments of the United States; and and replace it with legislation that is States or by an entity of the United States (C) a specific determination of whether the really a health care system and pro- Government, including any Government- level of risk identified under subparagraph gram that is patient centered, that will sponsored enterprise. (B) is acceptable or unacceptable. (c) PUBLIC AVAILABILITY.—The President SEC. l03. SENSE OF CONGRESS. allow Americans to buy insurance shall make each report required by sub- It is the sense of Congress that— across State lines, that will provide the section (a) available, in its unclassified form, (1) the growing Federal debt of the United same tax relief for individuals who buy to the public by posting it on the Internet in States has the potential to jeopardize the na- a conspicuous manner and location. their health insurance personally— tional security and economic stability of the they would get the same tax relief that United States; SEC. l05. ANNUAL REPORT ON RISKS POSED BY the big companies get—that would pro- THE FEDERAL DEBT OF THE UNITED (2) the increasing dependence of the United STATES. vide individual incentives, such as pre- States on foreign creditors has the potential (a) IN GENERAL.—Not later than December mium breaks, to encourage healthy be- to make the United States vulnerable to 31 of each year, the Comptroller General of havior, that would deal with lawsuit undue influence by certain foreign creditors the United States shall submit to the appro- abuse, and would allow small busi- in national security and economic policy- priate congressional committees a report on nesses to join together to provide less making; the risks to the United States posed by the (3) the People’s Republic of China is the expensive health insurance for their Federal debt of the United States. largest foreign creditor of the United States, (b) CONTENT OF REPORT.—Each report sub- employees. in terms of its overall holdings of debt in- mitted under this section shall include the That is why today I offer my second struments of the United States; following: opinion that it is time to repeal and re- (4) the current level of transparency in the (1) An analysis of the current and foresee- place this bill and get patient-centered scope and extent of foreign holdings of debt able risks to the long-term national security care for the American people. instruments of the United States is inad- and economic stability of the United States I yield the floor. I suggest the ab- equate and needs to be improved, particu- posed by the Federal debt of the United sence of a quorum. larly regarding the holdings of the People’s States. Republic of China; (2) A specific determination of whether the The PRESIDING OFFICER (Mrs. (5) through the People’s Republic of Chi- levels of risk identified under paragraph (1) HAGAN). The clerk will call the roll. na’s large holdings of debt instruments of are sustainable. The legislative clerk proceeded to the United States, China has become a super (3) If the determination under paragraph call the roll. creditor of the United States; (2) is that the levels of risk are

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4649 unsustainable, specific recommendations for held by the public will have grown by mean that other countries would be reducing the levels of risk to sustainable lev- $2.3 trillion, according to the White borrowing less from other countries. els, in a manner that results in a reduction House Office of Management and Budg- But I also think we need to act rein Federal spending. et. sponsibly. The Senator from Texas sent SEC. l06. CORRECTIVE ACTION TO ADDRESS UN- a resolution—I think it is a resolu- ACCEPTABLE AND UNSUSTAINABLE It is important to note that the ex- RISKS TO UNITED STATES NATIONAL plosion in the Nation’s debt is being fi- tion—which was pretty strongly word- SECURITY AND ECONOMIC STA- nanced by foreign investors who, ed in its implied criticism of China. It BILITY. unsurprisingly, may not always have somewhat reminds me of the Pogo car- In any case in which the President deter- our best interests at heart. The more toon: We have met the enemy, and he mines under section lll04(b)(4)(C) that a foreign country’s holdings of debt instru- we need to borrow from foreign inves- is us. But, in any regard, we need to ments of the United States pose an unaccept- tors, concerns about our Nation’s fiscal avoid taking actions that might unset- able risk to the long-term national security health increase. tle bond markets in these very uncer- or economic stability of the United States, The chairman of the Budget Com- tain times. The markets are jittery or the Comptroller General of the United mittee noted at a hearing last Feb- right now. So I look forward to work- States makes a determination under section ruary that last year, 68 percent of the ing with the Senator from Texas to im- lll5(b)(3), the President shall, within 30 new debt financing came from abroad, prove his amendment. We have to be days of the determination— (1) formulate a plan of action to reduce the with China now the biggest funder of very responsible on this subject and risk level to an acceptable and sustainable the United States. We have had the not cause a greater problem by acting level, in a manner that results in a reduction Chinese warn us publicly and privately too precipitously. in Federal spending; that they are increasingly reluctant to On another matter, Madam Presi- (2) submit to the appropriate congressional finance that debt. dent, just prior to the Senator from committees a report on the plan of action In fact, it is worse than that. Chinese Texas speaking, the Senator from Wyo- that includes a timeline for the implementa- Government officials have threatened ming addressed the Senate, and he de- tion of the plan and recommendations for to use their debt holdings to retaliate livered a full-throated diatribe against any legislative action that would be required health care reform. He called his at- to fully implement the plan; and against U.S. policies they oppose. In a (3) move expeditiously to implement the recent response to a U.S. decision to tack ‘‘a second opinion.’’ But instead of plan in order to protect the long-term na- sell defensive weapons to Taiwan, an offering a second opinion, which he did tional security and economic stability of the official of China’s People’s Liberation not do at all, he delivered, frankly, the United States. Army warned that China might sanc- same old negative criticisms that Mr. CORNYN. Madam President, I tion the United States by dumping U.S. many on his side of the aisle have been won’t detain the Senate long, but I did Government bonds. delivering since enactment of health want to call up this important amend- Many believe a rapid Chinese divest- care reform. Not one Republican voted ment early on in considering this un- ment of U.S. debt holdings would have for health care reform—not one—and derlying legislation. a destabilizing effect on the U.S. econ- that bill passed. We do live in a democ- This amendment would improve omy. racy. The majority vote rules. The transparency in reporting of foreign For all these reasons, I ask my col- President signed the bill. I would think holdings of our debt, providing tax- leagues to support this amendment. that issue has been settled. Health care payers with more information about I yield the floor and suggest the ab- reform has been enacted into law, which countries are financing our def- sence of a quorum. signed by the President. So I am a lit- icit spending. This amendment is based The PRESIDING OFFICER. The tle confused as to why he still wants to on legislation Senator KYL and I intro- clerk will call the roll. criticize this bill so much, except he duced in April called the Foreign-Held The assistant editor of the Daily Di- does say: Well, gee, it should be re- Debt Transparency and Threat Assess- gest proceeded to call the roll. pealed. ment Act. This legislation would re- Mr. BAUCUS. I ask unanimous con- The Senator from Wyoming, for ex- quire the President to provide Congress sent that the order for the quorum call ample, derided the antifraud provisions with quarterly risk assessments on the be rescinded. in the health care reform bill. He national security and economic haz- The PRESIDING OFFICER. Without called them ‘‘miniscule.’’ But I might ards posed by current levels of foreign objection, it is so ordered. say, as a matter of fact, we advanced holdings of our debt. It would require Mr. BAUCUS. Madam President, we every antifraud provision we could pos- the President, in the event that risk are on the jobs and tax bill, but we sibly find. In the meantime, working level was too high, to submit a plan of seem not to be making a lot of progress with the Senator from Florida, Mr. action to the Congress to bring down tonight. Senators are under no con- LEMIEUX, we are also looking to find the risk in a way that reduces Federal straint to come to the floor and say other antifraud provisions to cut back spending. what is on their minds about any sub- waste and get rid of the waste in our Regarding the national debt itself, ject under the Sun. health care system. the bill instructs the GAO to provide I wish to address a couple remarks But we needed the health care reform Congress with an annual risk assess- given by Senators recently. law to pass so we can weed out that ment on national security and eco- Most recently, I share the concerns waste, get rid of that waste, and to nomic hazards posed by the national of the Senator from Texas about the pass these antifraud provisions. If the debt as well as recommendations for debt that is owned by lots of different Senator has another health care fraud reducing Federal spending. folks, not just Americans but owned by measure, I sure would like to hear it. It We know the President’s budget puts foreigners. He made special reference reminds me of that phrase: Where’s the this Nation on a roadmap for doubling to China. I think it would be better if beef. He keeps criticizing, but I hear no the national debt in 5 years and tri- the United States could avoid bor- solutions. I hear no alternatives. I am pling it in 10 years. The interest pay- rowing so much. It is unfortunate the a little surprised at that because he is ments alone will reach $900 billion in 10 United States has borrowed a lot to run my neighbor. We in Montana know a years, which is more than the United its affairs. lot of folks in Wyoming, and we like to States currently spends on education So have other countries, I might add. think we are people who do not just and national defense combined. In ad- It is not just the United States. There bellyache and complain but we are, dition, according to the nonpartisan are many countries, regrettably, that rather, people who come up with posi- Congressional Budget Office, the pend- have overborrowed. Greece comes to tive solutions, constructive solutions, ing legislation will add almost $80 bil- mind, as do other European countries: as good neighbors do. lion to the deficit. Spain, Portugal, perhaps even Hun- The Senator from Wyoming goes on While the President likes to say he gary. It is becoming quite a concern further to say that the President’s inherited the Nation’s debt from his worldwide. It is one reason we have the nominee to head CMS ‘‘plans to ration predecessor, the fact is, from the day Deficit Reduction Commission set up care.’’ This is simply a libel, Madam President Obama took office until the to figure out the proper way to reduce President. If the Senator were not pro- last day of fiscal year 2010, the debt our deficits, which by definition would tected by the speech and debate clause,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4650 CONGRESSIONAL RECORD — SENATE June 8, 2010 he would be subject to a suit for slan- seeks to eliminate the tax credits that try to keep the debate, if you will—it der. Certainly truth would not be a de- the new law will give Americans to will not even be a debate; in part, it fense. The Senator from Wyoming ut- help them buy insurance. I guess he will be a diatribe in certain cir- tered a slanderous statement. He is does not care about that, the Senator cumstances—to just keep the discus- protected by the speech and debate from Wyoming. He does not want to sion, the debate on a constructive level clause of the Constitution of the give people tax credits. He does not so we can serve our country and serve United States, and that is about the want to give people tax credits to help our people. But I felt compelled to only place he could make slanderous them buy insurance. speak in the wake of the remarks by statements like that with impunity. And by calling for repeal of health the Senator from Wyoming because The Senator from Wyoming says his care reform, the Senator seeks nothing they deserved a response. ‘‘second opinion’’ is that Congress less than the continuation of a system Madam President, I yield the floor should repeal the new health care law— where millions of Americans struggle, and suggest the absence of a quorum. just repeal it. But by calling for repeal struggle by, struggle without health The PRESIDING OFFICER. The of health care reform, the Senator from insurance, struggle without quality clerk will call the roll. Wyoming apparently seeks to repeal health care. They struggle because of The assistant legislative clerk pro- one of the biggest budget reduction greater pain and discomfort and great- ceeded to call the roll. measures in the decade. I say that beer risk of early death. Mr. BAUCUS. Mr. President, I ask cause the nonpartisan Congressional I could go on and on and on and on as unanimous consent that the order for Budget Office tells us that health care to the reasons the Senator from Wyo- the quorum call be rescinded. reform will reduce the Federal deficit ming’s so-called second opinion is de- The PRESIDING OFFICER. Without by one-half of 1 percent of GDP in its fective, to say the least. I know some objection, it is so ordered. second decade. It will reduce the def- on the other side oppose health care re- Mr. BAUCUS. Mr. President, we have icit. form. But this is, as I mentioned ear- had an interesting start today on the I would think the Senator from Wyo- lier, a democracy. In our country, the jobs-tax bill, but it has been fruitful ming would like to reduce the Federal majority generally determines whether and productive. We have four amend- budget deficit. I am quite certain he a law passes. Congress and the Presi- ments pending. That is progress. To- wants to reduce the Federal budget def- dent enacted health care reform, and I morrow, I want to move ahead and icit. But if he asks for repeal of health wish my colleagues on the other side of clear out the underbrush, if you will, to care reform, I guess he no longer cares the aisle would just stop fighting the get those amendments disposed of. I about reducing our Federal budget def- last war—stop fighting the last war. have spoken with the leader, and we icit. Rather, let us try to find opportunities have agreed that it makes good sense By calling for repeal of health care to work together to improve the law to get those four amendments proc- reform, the Senator from Wyoming together. Let’s leave behind the poli- essed tomorrow morning before we do seeks to repeal the law that reins in in- tics of destruction. Let’s work together much else and that we go to other surance companies. Boy, in the private to build a better health care system for amendments subsequent to that. I hope market there is just so much abuse of America because, after all, we are here we can get those amendments proc- individuals by insurance companies. By to help the people who sent us here. essed so that we can proceed. calling for the repeal of health care re- The people who sent us here want a form, apparently the Senator from Wy- f better health care system than they oming wants to bring back the ability now have. MORNING BUSINESS of insurance companies to discriminate So let’s work together to find that Mr. BAUCUS. Mr. President, I ask against people who have preexisting better solution. Let’s not forget that unanimous consent that the Senate conditions, to discriminate against health care is basically indiscriminate. proceed to a period for the transaction Americans who are denied insurance Poor people, wealthy people get cancer. of morning business, with Senators based upon some health care status or Women, men get cancer. Cancer strikes permitted to speak for up to 10 minutes to go back and deal with the rating anybody. It does not make a difference each. provisions of States where the States, whether you are a Republican or a The PRESIDING OFFICER. Without unfortunately, allowed insurance com- Democrat. The same thing is true with objection, it is so ordered. panies to take advantage of certain any other health discomfort or condi- groups of people. f tion. By calling for repeal of health care JOSH MILLER HEARTS ACT reform, apparently he seeks to bring So I am just beside myself in trying Mr. BROWN of Ohio. Mr. President, back the doughnut hole and preserve it to figure out why it is that the other half of heart-related deaths in the in the future. He seeks to continue side of the aisle just keeps attacking United States are caused by a hard-to- hardships for seniors who need help health care reform. The only conclu- diagnose condition called sudden car- paying for their prescriptions. sion I can come up with is they just Madam President, this health care want to stir up things. They want to diac arrest, SCA. Different from a reform bill closes the doughnut hole. cast all kinds of doubt and confusion in heart attack, SCAs are caused by an What is the doughnut hole? That is the the minds of Americans, with respect electrical problem in the heart that, dollar amounts above which and under to perhaps these elections coming up once triggered, requires immediate which people have to pay all their pre- this next November. That is a conclu- treatment: survival rates plummet 7 to scription drug benefits. When they get sion I do not like to reach but, logi- 10 percent with every minute that up to the doughnut hole, they get a cally, it is the only one I can possibly passes. Each year, only 8 percent of the certain break. When they get above the come up with. 295,000 people who suffer an SCA out- doughnut hole, I guess 90 percent of I will say something else. This health side of a hospital survive. A few years their drugs are paid for—something care reform is going to be relitigated ago, June 1–June 7 was designated as like that. again when we in the Finance Com- CPR/AED Awareness Week to share But within the doughnut hole, if you mittee take up the nomination of Don these startling statistics and to begin are a senior, you do not get any help. Berwick to be the new CMS Director. I to change them. By educating and en- Apparently, the Senator from Wyo- know, as sure as I am standing here, couraging communities to establish or- ming says: Oh, that is fine. Those peo- those who voted against health care re- ganized programs that could provide ple don’t deserve to get any breaks in form—and they all happen to be Repub- CPR and AED training to the public, their prescription drug benefits. He licans—are going to be just relitigating lives have already been saved. Anyone wants to repeal health care reform, so health care reform. They are going to can suffer a sudden cardiac arrest, no the effect of that would be: Seniors, accuse this administration of about matter one’s age or gender. In fact, you are not going to get any help. anything under the Sun, including Don many victims appear healthy, not hav- Sorry. No help in the doughnut hole. Berwick. It is going to be very unfortu- ing a known heart disease or any other By calling for repeal of health care nate. It is my job—it is going to have risk factors. For example, student ath- reform, the Senator from Wyoming to be as chairman of the committee—to letes with no previous heart ailments

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4651 have been stricken with SCA in the and democracy, something many of Foundation for co-sponsoring this summit middle of practice or during games. them would sadly never live to see. and for adding the drop-out crisis to your Josh Miller was one such student There is no greater service to one’s growing portfolio of service campaigns. Lisa athlete. The act that bears his name— country and no greater act of heroism has been a good friend to me and to the Cor- poration. Last year, under her leadership, the Josh Miller HEARTS, Helping Ev- than to stand between our Nation and EIF launched iParticipate. As part of that eryone Access Responsible Treatment those who would do us harm. So it is effort, last October, more than 100 TV shows in Schools, Act—creates a grant pro- today, Memorial Day 2010, we again focused their programming and storylines on gram through the Department of Edu- come together as a nation recognizing service. EIF has also been a supporter of City cation for public and private schools to and honoring the valor and courage of Year, ServiceNation and a number of other purchase automated external the men and women who have given so service organizations. Thank you, Lisa, for defibrillators, AEDs, and to train staff much—warriors who paved the road of inviting Hollywood into our service family. in the use of CPR and defibrillation As many of you know, I was confirmed as freedom with their service and sac- CEO of the Corporation for National and within the context of a coordinated rifices. Community Service on February 18th, so emergency response plan. Josh was a Alaska has a proud tradition of mili- today marks my third month on the job. I’ve 15-year-old high school honor student tary service. During World War II, long been out on the road to see the impact that from Barberton, OH, who suffered sud- before Alaska’s statehood, the Alaska our programs, members and partners are den cardiac arrest during a high school Territorial Guard stepped up and having across the country. football game. Though Josh had never played a key role in defending Alaska A couple of weeks ago, I was in San Anto- previously demonstrated symptoms of and protecting America’s interests. nio delivering the commencement address at the University of Texas and had the pleasure a heart problem, he passed away before Today Alaska is home to more than of seeing the Diplomas Now collaborative in paramedics arrived at the scene. There 28,000 Active-Duty men and women, action during a visit to McAuliffe Middle were no AEDs on site that might have many of whom have served multiple School. One of the most illuminating aspects been used to save Josh’s life. tours of duty in the wars in Iraq and of that visit was when the school principal The U.S. House of Representatives Afghanistan. The Alaska Army and Air told me that City Year and Communities in passed the Josh Miller HEARTS Act on National Guard is also playing a key Schools had been working in McAuliffe for June 2, 2009, and Senator GEORGE role in these conflicts by deploying some time. But it was when they chose to VOINOVICH and I introduced the bill in hundreds of Alaskans to combat duty. partner and focus single-mindedly on helping the Senate on June 8, 2009. Currently, students that he began to see remarkable It is all of our Active-Duty men and progress. the legislation has seven cosponsors women—and their families—whom we Los Angeles is also a place where Diplomas and is pending before the Committee should also thank and honor today. To Now is making a real difference. Early re- on Health, Education, Labor, and Pen- the veterans among us—thank you for sults from two of LA’s toughest middle sions. your service. We also remember war- schools—Leicthy and Hollenbeck—show re- The combination of early, immediate riors still missing and unaccounted for markable progress: a 40 percent decrease in CPR and defibrillation helps restore and continue our commitment to pro- students failing math and a 43 percent de- normal heart rhythm before emergency crease in students failing English. vide the fullest possible accounting and I remember coming to this country as an personnel arrive and increases a vic- to return them home. immigrant and hearing from my high school tim’s chances of survival. Tragically, f counselor, as he looked across the table with lives are lost every day because there earnest concern, that I wasn’t college mate- are not enough AEDs and persons THE RELEVANCE AND IMPOR- rial and that I should go to trade school—I trained in using the devices and per- TANCE OF NATIONAL SERVICE ended up going to night school and working forming CPR to provide this life-saving Ms. MIKULSKI. Mr. President, I ask my way through college. After seeing Diplo- mas Now in action, I wonder how different treatment. On average, response times unanimous consent to have the fol- for emergency medical teams run ap- my journey would have been had I been sur- lowing statement by Patrick rounded by young people in red jackets who proximately 6 to 12 minutes. Yet ac- Corvington, chief executive officer of were more interested in seeing me succeed cording to the American Heart Asso- the Corporation for National and Com- than in telling me that I couldn’t. ciation, the chance of survival of sud- munity Service, printed in the RECORD. Your red jackets have become a symbol of den cardiac arrest decreases by 7 to 10 There being no objection, the mate- hope for a whole generation of young people percent with every passing minute. rial was ordered to be printed in the who might otherwise be shackled with the chains of low expectations. In order to have a strong emergency RECORD, as follows: response system, communities need the It is fitting that this summit has brought Patrick Corvington, CEO, Corporation for resources to help save lives. I encour- us here to Los Angeles—a city of many com- National and Community Service In munity challenges but also of tremendous age my colleagues to follow the School and On Track assets and wealth. A place where diversity House’s lead and take up and pass the CITY YEAR NATIONAL LEADERSHIP SUMMIT ON and disparity live side by side. Josh Miller HEART Act as soon as pos- SERVICE AND EDUCATION City Year is changing lives here in LA, in sible. (Los Angeles, CA, May 18, 2010) Chicago, Philadelphia, New Orleans and f throughout this nation. The results you are Thank you, Michael for that gracious in- achieving show us we have the power to beat MEMORIAL DAY 2010 troduction. And thank you for the oppor- back the drop-out crisis, and that service has tunity to join with City Year as well as the a central role to play in this effort. Edu- Mr. BEGICH. Mr. President, the Entertainment Industry Foundation as we English author Albert Pine wrote: cation is the engine that drives our nation’s shine a spotlight on the essential role of na- progress. But more than that, it is the gate- ‘‘What we have done for ourselves tional service in solving America’s drop-out way to a life of purpose and meaning. alone, dies with us; what we have done crisis. In this global economy, education will be for others and the world remains and is I want to begin by congratulating Michael the fault line between success and failure, immortal.’’ On Memorial Day we come and City Year for your visionary leadership not only for our young people, but for our together to recognize and honor those in this work. We often hear many stories country. about young college roommates starting new who have truly ‘‘done for others and Ben Franklin said, ‘‘An investment in companies from their dorm rooms and be- knowledge always pays the best dividends.’’ the world’’ and to ensure their service coming billionaires. Michael and Alan had a There is nothing more critical to the fu- and sacrifice remains immortal. different idea. In 1988, these two Harvard ture of this nation than making sure that Each year since 1868 we have paused Law School roommates enriched us all by every school . . . in every community . . . is to pay tribute to those who have made acting on their belief in the power of citizen equipped to give every young person in the ultimate sacrifice for our freedom service by creating City Year. America the knowledge and the skills . . . to and democracy. This freedom we cher- And now as a key member of the build lives of meaning . . . and to compete ish is not free and comes at a horrific AmeriCorps network, City Year and its and win in the global economy. price, a price borne by our veterans, growing cadre of diverse and talented corps But make no mistake—this is an unfor- members has become a model for service in giving competition—one in which there are both past and present. Our veterans America. Thank you, Michael for this gift to no excuses for failure and few second never fought for empires or dominance the nation. chances. but, rather, for a cause bigger than any I also want to thank Lisa Paulsen, Presi- Since our inception, education has been one individual. That cause is freedom dent and CEO of the Entertainment Industry one of our top priorities at the Corporation.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4652 CONGRESSIONAL RECORD — SENATE June 8, 2010 We understand that closing the achievement Last year, with the help of many of you in have the courage to change old ideas and gap and reducing the drop-out rate requires this room, the President signed into law the practices so that we may direct their power not only government action, but also the in- Serve America Act, the most sweeping ex- towards good ends.’’ volvement of families and communities. In pansion of national service in a generation. What I’ve seen City Year do in classrooms the past 15 years, we have supported a num- The Act challenges us to do a better job of throughout this country is give young people ber of education programs throughout the demonstrating and measuring our effective- the hope for a better tomorrow . . . the sup- country. ness in solving problems. port they need to overcome the odds . . . the For example, right here in Los Angeles, Undergirding that mandate are four major strength and the courage to dream big through their work with the National Farm goals: First, to fulfill the promise to make dreams. And so, I want to say to Michael and Workers Service Center, AmeriCorps mem- service a solution for big national problems. the City Year corps members here today, bers are achieving remarkable results. They Second, to expand opportunities for more when someone asks you 20 years from now are raising reading and math scores for chil- Americans of all ages and backgrounds to where did you stand when more than half of dren of families living 60 percent below the serve. With new and diverse voices come new young people in some of our largest cities poverty line. Families that are too often and innovative ways to approach and solve were not finishing high school . . . Where did overlooked and left behind. problems. So we need to embrace innovation you stand when more than 12 million chil- I believe one of the significant challenges by expanding proven programs and seeding dren were living in poverty . . . where did we face in service today is how we build com- promising emerging ones and finally we need you stand when we were struggling to lift up munities from the inside out while also en- to build the capacity of individuals, organi- students whose dreams were crumbling as suring that they have access to the best na- zations and communities by giving them the fast as the schools around them . . . you can tional resource like City Year. That is where tools they need to succeed. proudly say, I stood with City Year. I stood success lies. We cannot continue to believe City Year, with its laser focus on solving with AmeriCorps. I stood with service. that we can change lives, change commu- the drop-out crisis is a case-study in the ful- Thank you. nities but leave them out of the change proc- fillment of all these goals. You are making f ess. We need to do a better job of aligning service a solution. You are expanding oppor- our resources in communities, engage stake tunities for young people from diverse com- ADDITIONAL STATEMENTS holders, and demonstrate the power of serv- munities to serve. ice. And you’re building the capacity of teach- You know, many of us think of ourselves ers, administrators and communities to 2010 NEW HAMPSHIRE EXCELLENCE as organizers—movement builders. If we are turnaround failing schools but most of all IN EDUCATION AWARD to use the rhetoric of grass roots organizing, you are giving students who need it most, ∑ then it should be grass roots and it should be the help they need to succeed. The entire Mrs. SHAHEEN. Mr. President, today organized. service community has much to learn from I congratulate the recipients of the 2010 Only by bringing together national leaders you. New Hampshire Excellence in Edu- and communities can we demonstrate the While Congress has expanded our mandate cation Award. The New Hampshire Ex- power of service in solving problems. I saw this very thing yesterday when I vis- and given us more resources, the American cellence in Education Awards, or ited Hope for the Homeless here in L.A. This people now expect us to use this opportunity ‘‘ED’’ies, honor the best and the bright- program is changing the face of AmeriCorps. to take service to the next level. est among New Hampshire’s educators That means more of a focus on measuring They have recruited AmeriCorps members outcomes to ensure that our efforts are mak- and schools. who have lived the very lives they are trying ing a difference. For the past 17 years, the ‘‘ED’’ies to change. have been presented to teachers, ad- Sitting before me in their blue shirts, they At the end of the day, it won’t mean a talked about leading lives of purpose, about thing if we increase the number of volun- ministrators, schools, and school leading lives of meaning, about realizing teers and a million kids are still dropping boards who demonstrate the highest what it means to have people depend on out of school. It won’t mean a thing if 15 mil- level of excellence in education. Out- them, believe in them. lion people are still out of work. It won’t standing individuals have been com- Some have spent the better parts of their mean a thing if our communities continue to pared against criteria set by others in decline. lives in prison, others on the streets, but all their discipline through their spon- in the crippling prison of despair. But all of For too long, too many of us have been satisfied with saying that ‘‘we tried.’’ That’s no soring organization. Experienced edu- them—every single one of them, has been cators and community leaders select transformed by AmeriCorps, by service. longer good enough. We must not only try, I was struck. Not just by their stories, but we must succeed. But the only way we will outstanding elementary, middle, and also by how similar those stories were to be successful, the only way we will win, is if secondary schools based upon guide- those I’ve heard from other AmeriCorps we have the courage to plant a stake in the lines established by the New Hamp- members—from NCCC members in Colorado, ground, draw a line in the sand and say that shire Excellence in Education Board of from VISTA Volunteers in West Virginia, we are willing to be measured, to be judged, Directors. to be held to account. and from City Year members in Texas. It is very important that our chil- No matter where they come from, no mat- At a time of great need, Americans are re- ter what their experience—blue shirts or red sponding to President Obama’s challenge. dren receive a high quality education jackets, the transformation is real, it is tan- But, to fulfill this new vision for service, so that they can succeed in today’s gible, it is profound. we need a stronger investment from every global economy. I am proud to recog- Transformation is not easy. If it were, we’d sector. We don’t only need more volunteers; nize this year’s recipients who will re- have it done by now. It takes courage. The we need them focused, like City Year, on ceive this prestigious award on June 12, courage to cross boundaries, the courage to solving specific problems. We don’t just need 2010, for the positive examples they reach out of our comfort zones, most of all more volunteer hours; we need to make sure those hours add up to results. provide for their peers and the lasting the courage of humility. But if the impacts they have made on our future AmeriCorps members at Hope for the Home- In order to do this, we need full funding of less have the courage to change their lives, the President’s budget request for the Cor- workforce. and the City Year Corps members have the poration and its programs. The President’s The names of the 2010 New Hamp- courage to go into some of the toughest 2011 budget request of $1.4 billion will shire Excellence in Education Award schools in the toughest communities, then strengthen our nation’s civil society, foster winners are as follows: surely we have the courage to be bold. innovation and civic engagement, and en- Shelia Adams, Susan Janosz Technology That’s really why all of us are here today. gage more than 6 million Americans in solv- Impact Award. This is not about feeling good and good in- ing problems through service. If we make David April, Meritorious Achievement tentions—it is about the kind of future we these needed investments. If we face the fu- Award. are creating for ourselves, our children. ture with the courage to change. Then, and Gerard Bastien, Distinguished Music Edu- This is an exciting time to be in what I only then, will we fulfill our commitment to cator of the Year. like to call the solutions business. We now the American people. Barbara Belak, Elementary School Coun- have a President and a First Lady who un- So, let me say again, thank you to City selor of the Year. derstand something we’ve known for a very Year for showing us the way. Thank you to Celeste Best, Pat Keyes Technology long time—service is not secondary to solv- the young AmeriCorps and City Year mem- Award. ing the drop-out crisis and other pressing bers who go into classrooms everyday to Catherine Bond, High School Counselor of problems—it is essential to solving them. mentor, teach, and inspire struggling stu- the Year. President Obama has issued a challenge that dents. And thank you to everyone in this Daniel J. Clary, Assistant Principal of the every American become engaged in some room who is a part of making service a solu- Year. way in their community. tion. Kathleen Conlin, Special Education Direc- Every American, everyone, has a role, and The great American educator, Mary tor of the Year. service can illuminate that path, can help McLeod Bethune once said, ‘‘We have a pow- Andrew Corey, Middle School Principal of people find themselves in the solution. erful potential in our youth, and we must the Year.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4653 Anna Marie Davis, School Nurse of the REPORT ON THE CONTINUATION President publishes in the Federal Reg- Year. OF THE NATIONAL EMERGENCY ister and transmits to the Congress a Moira DeBois, School Psychologist of the THAT WAS ORIGINALLY DE- notice stating that the emergency is to Year. CLARED IN EXECUTIVE ORDER continue beyond the anniversary date. James Dowding, Business Education Achievement Award. 13405 OF JUNE 16, 2006, WITH RE- In accordance with this provision, I Julia M. Dutton, World Language Teacher SPECT TO BELARUS—PM 59 have sent to the Federal Register for of the Year. The PRESIDING OFFICER laid be- publication the enclosed notice stating Paul Flynn, Outstanding Service Award. fore the Senate the following message that the Western Balkans emergency is Duane Ford, School Business Adminis- from the President of the United to continue in effect beyond June 26, trator of the Year. States, together with an accompanying 2010. Terri Forsten, Supervision and Curriculum report; which was referred to the Com- The crisis constituted by the actions Development Award. of the persons engaged in, or assisting, Pamela Harland, School Librarian of the mittee on Banking, Housing, and Year. Urban Affairs: sponsoring, or supporting (i) extremist violence in the Republic of Macedonia Christine Haswell, Outstanding Commu- To the Congress of the United States: nity/Business/School Partnership. and elsewhere in the Western Balkans Kenneth Heuser, EdD, The Dennise Section 202(d) of the National Emer- region, or (ii) acts obstructing imple- Maslakowski PDK Education Award. gencies Act (50 U.S.C. 1622(d)) provides mentation of the Dayton Accords in Shea Higley, Family and Consumer for the automatic termination of a na- Bosnia, United Nations Security Coun- Sciences Teacher of the Year. tional emergency unless, prior to the cil Resolution 1244 of June 10, 1999, in Michael R. Jette, Secondary School Prin- anniversary date of its declaration, the Kosovo, or the Ohrid Framework cipal of the Year. President publishes in the Federal Reg- Jennifer Lemoine, D.A.R.E. Officer of the Agreement of 2001 in Macedonia, that ister and transmits to the Congress a led to the declaration of a national Year. notice stating that the emergency is to Robert Mailloux, Middle School Counselor emergency on June 26, 2001, in Execu- of the Year. continue in effect beyond the anniver- tive Order 13219, and to amendment of Dr. Michael J. Martin, Superintendent of sary date. In accordance with this pro- that order in Executive Order 13304 of the Year. vision, I have sent to the Federal Reg- May 28, 2003, has not been resolved. The Greta S. Mills, Christa McAuliffe Sab- ister for publication the enclosed notice acts of extremist violence and obstruc- batical Award. stating that the national emergency tionist activity outlined in Executive Teresa Minogue, Presidential Award for and related measures blocking the Excellence in Math and Science Teaching. Order 13219, as amended, are hostile to property of certain persons under- U.S. interests and pose a continuing Teresa Morris, Educator of the Gifted mining democratic processes or insti- Award. unusual and extraordinary threat to Edward R. Murdough, Alexander J. Blastos tutions in Belarus are to continue in the national security and foreign pol- Distinguished Service Award. effect beyond June 16, 2010. icy of the United States. For these rea- Eric Nash, Teacher of the Year. Despite the release of internationally sons, I have determined that it is nec- Katy O’Gorman Rhodebeck, Art Educator recognized political prisoners in the essary to continue the national emer- of the Year. fall of 2008 and our continuing efforts gency declared with respect to the Joan Ostrowski, Elementary School Prin- to press for further reforms related to cipal of the Year. Western Balkans and maintain in force democracy, human rights, and the rule the sanctions to respond to this threat. Janet Prior, English/Language Arts Teach- of law in Belarus, serious challenges re- BARACK OBAMA. er of the Year. main. The actions and policies of cer- Julie Ramsey, Educator of the Gifted THE WHITE HOUSE, June 8, 2010. tain members of the Government of Award. f Joan Rees, Special Educator of the Year. Belarus and other persons to under- Christine Roderick, Reading Teacher of the mine Belarus democratic processes or MESSAGE FROM THE HOUSE Year. institutions, to commit human rights At 10:04 a.m., a message from the Matthew Siranian, Technology Education abuses related to political repression, House of Representatives, delivered by Teacher of the Year. and to engage in public corruption pose Mr. Novotny, one of its reading clerks, Thomas Starratt, Middle School Principal a continuing unusual and extraor- announced that the House agrees to of the Year. dinary threat to the national security Amy Vandersall, Social Studies Teacher of the amendment of the Senate to the the Year. and foreign policy of the United States. bill (H.R. 4213) to amend the Internal Mascenic Regional School Board, School For this reason, I have determined that Revenue Code of 1986 to extend certain Board of the Year. it is necessary to continue the national expiring provisions, and for other pur- Milan Village School, Elementary School emergency declared to deal with this poses; with an amendment to the Sen- of the Year. threat and the related measures block- ate amendment to the bill, in which it Timberlane Regional Middle School, Mid- ing the property of certain persons. requests concurrence of the Senate. dle School of the Year. BARACK OBAMA. f Newfound Regional High School, High THE WHITE HOUSE, June 8, 2010. School of the Year.∑ EXECUTIVE AND OTHER f COMMUNICATIONS f REPORT ON THE CONTINUATION The following communications were OF THE NATIONAL EMERGENCY laid before the Senate, together with MESSAGES FROM THE PRESIDENT THAT WAS ORIGINALLY DE- accompanying papers, reports, and doc- CLARED IN EXECUTIVE ORDER Messages from the President of the uments, and were referred as indicated: United States were communicated to 13219 OF JUNE 26, 2001, WITH RE- SPECT TO THE WESTERN BAL- EC–6037. A communication from the Acting the Senate by Mr. Pate, one of his sec- Administrator, Rural Business-Cooperative retaries. KANS—PM 60 Service, Department of Agriculture, trans- The PRESIDING OFFICER laid be- mitting, pursuant to law, the report of a rule f fore the Senate the following message entitled ‘‘Value-Added Producer Grant Pro- from the President of the United gram’’ (RIN0570–AA79) received during ad- EXECUTIVE MESSAGES REFERRED States, together with an accompanying journment of the Senate in the Office of the report; which was referred to the Com- President of the Senate on June 2, 2010; to As in executive session the Presiding the Committee on Agriculture, Nutrition, Officer laid before the Senate messages mittee on Banking, Housing, and and Forestry. from the President of the United Urban Affairs: EC–6038. A communication from the Direc- States submitting sundry nominations To the Congress of the United States: tor of the Regulatory Management Division, and a withdrawal which were referred Section 202(d) of the National Emer- Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- to the appropriate committees. gencies Act (50 U.S.C. 1622(d)) provides ting, pursuant to law, the report of a rule en- (The nominations received today are for the automatic termination of a na- titled ‘‘2-Propenoic acid polymer, with 1,3- printed at the end of the Senate pro- tional emergency unless, prior to the butadiene and ethenylbenzene; Tolerance Ex- ceedings.) anniversary date of its declaration, the emption’’ (FRL No. 8827–4) received during

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4654 CONGRESSIONAL RECORD — SENATE June 8, 2010 adjournment of the Senate in the Office of EC–6050. A communication from the Under the Committee on Banking, Housing, and the President of the Senate on June 2, 2010; Secretary of Defense (Personnel and Readi- Urban Affairs. to the Committee on Agriculture, Nutrition, ness), transmitting a report on the approved EC–6060. A communication from the Sec- and Forestry. retirement of Lieutenant General David A. retary, Division of Trading and Markets, Se- EC–6039. A communication from the Direc- Deptula, United States Air Force, and his ad- curities and Exchange Commission, trans- tor of the Regulatory Management Division, vancement to the grade of lieutenant general mitting, pursuant to law, the report of a rule Office of Policy, Economics, and Innovation, on the retired list; to the Committee on entitled ‘‘Municipal Securities Disclosure’’ Environmental Protection Agency, transmit- Armed Services. (RIN3235–AJ66) received during adjournment ting, pursuant to law, the report of a rule en- EC–6051. A communication from the Chair- of the Senate in the Office of the President titled ‘‘Trifloxystrobin; Pesticide Toler- man of the Board of Governors, Federal Re- of the Senate on June 2, 2010; to the Com- ances’’ (FRL No. 8829–2) received during ad- serve System, transmitting, pursuant to law, mittee on Banking, Housing, and Urban Af- journment of the Senate in the Office of the a report entitled ‘‘96th Annual Report of the fairs. President of the Senate on June 4, 2010; to Board of Governors of the Federal Reserve EC–6061. A communication from the Assist- the Committee on Agriculture, Nutrition, System’’; to the Committee on Banking, ant Secretary for Export Administration, and Forestry. Housing, and Urban Affairs. Bureau of Industry and Security, Depart- EC–6040. A communication from the Direc- EC–6052. A communication from the Chief ment of Commerce, transmitting, pursuant tor of the Legislative Affairs Division, Nat- Counsel, Federal Emergency Management to law, the report of a rule entitled ‘‘Export ural Resources Conservation Service, De- Agency, Department of Homeland Security, Administration Regulations: Technical Cor- partment of Agriculture, transmitting, pur- transmitting, pursuant to law, the report of rections’’ (RIN0694–AE69) received in the Of- suant to law, the report of a rule entitled a rule entitled ‘‘Suspension of Community fice of the President of the Senate on May 26, ‘‘Conservation Stewardship Program’’ Eligibility (75 FR 14356)’’ ((44 CFR Part 2010; to the Committee on Banking, Housing, (RIN0578–AA43) received during adjournment 64)(Docket No. FEMA–2010–000)) received dur- and Urban Affairs. of the Senate in the Office of the President ing adjournment of the Senate in the Office EC–6062. A communication from the Assist- of the Senate on June 2, 2010; to the Com- of the President of the Senate on June 3, ant Secretary for Export Administration, mittee on Agriculture, Nutrition, and For- 2010; to the Committee on Banking, Housing, Bureau of Industry and Security, Depart- estry. and Urban Affairs. ment of Commerce, transmitting, pursuant EC–6041. A communication from the Direc- EC–6053. A communication from the Chief to law, the report of a rule entitled ‘‘Imple- tor of Defense Procurement and Acquisition Counsel, Federal Emergency Management mentation Changes from the 2009 Annual Re- Policy, Department of Defense, transmit- Agency, Department of Homeland Security, view of the Entity List’’ (RIN0694–AE88) re- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of ceived in the Office of the President of the titled ‘‘Defense Federal Acquisition Regula- a rule entitled ‘‘Changes in Final Flood Ele- Senate on May 28, 2010; to the Committee on tion Supplement; Finland-Public Interest vation Determinations (75 FR 18088)’’ ((44 Banking, Housing, and Urban Affairs. EC–6063. A communication from the Senior Exception to the Buy American Act’’ CFR Part 65)(Docket No. FEMA–2010–000)) re- Vice President and Chief Financial Officer, (DFARS Case 2009–D022) received in the Of- ceived in the Office of the President of the Federal Home Loan Bank of New York, fice of the President of the Senate on May 28, Senate on June 7, 2010; to the Committee on 2010; to the Committee on Armed Services. transmitting, pursuant to law, the Bank’s Banking, Housing, and Urban Affairs. EC–6042. A communication from the Sec- 2009 Management Report; to the Committee EC–6054. A communication from the Chief retary of Defense, transmitting a report on on Banking, Housing, and Urban Affairs. Counsel, Federal Emergency Management the approved retirement of Vice Admiral EC–6064. A communication from the Direc- Agency, Department of Homeland Security, Harold D. Starling II, United States Navy, tor of the Regulatory Management Division, transmitting, pursuant to law, the report of and his advancement to the grade of vice ad- Office of Policy, Economics, and Innovation, a rule entitled ‘‘Changes in Final Flood Ele- miral on the retired list; to the Committee Environmental Protection Agency, transmit- vation Determinations (75 FR 18070)’’ ((44 on Armed Services. ting, pursuant to law, the report of a rule en- EC–6043. A communication from the Sec- CFR Part 65)(Docket No. FEMA–2010–0003)) titled ‘‘Revisions to the California State Im- retary of Defense, transmitting a report on received in the Office of the President of the plementation Plan, South Coast Air Quality the approved retirement of Lieutenant Gen- Senate on June 7, 2010; to the Committee on Management District’’ (FRL No. 9139–7) re- eral David P. Valcourt, United States Army, Banking, Housing, and Urban Affairs. ceived during adjournment of the Senate in and his advancement to the grade of lieuten- EC–6055. A communication from the Chief the Office of the President of the Senate on ant general on the retired list; to the Com- Counsel, Federal Emergency Management June 4, 2010; to the Committee on Environ- mittee on Armed Services. Agency, Department of Homeland Security, ment and Public Works. EC–6044. A communication from the Assist- transmitting, pursuant to law, the report of EC–6065. A communication from the Direc- ant Secretary of Defense (Logistics and Ma- a rule entitled ‘‘Changes in Final Flood Ele- tor of the Regulatory Management Division, terial Readiness), transmitting, pursuant to vation Determinations (75 FR 29199)’’ ((44 Office of Policy, Economics, and Innovation, law, a report relative to the destruction of a CFR Part 65) (Docket No. FEMA–2010–0003)) Environmental Protection Agency, transmit- commercial helicopter under contract with received in the Office of the President of the ting, pursuant to law, the report of a rule en- the Department of Defense by hostile fire; to Senate on June 7, 2010; to the Committee on titled ‘‘Approval and Promulgation of Air the Committee on Armed Services. Banking, Housing, and Urban Affairs. Quality Implementation Plans; Maryland; EC–6045. A communication from the Under EC–6056. A communication from the Chief Reasonable Further Progress Plan, 2002 Base Secretary of Defense (Logistics and Material Counsel, Federal Emergency Management Year Emission Inventory, Contingency Meas- Readiness), transmitting, pursuant to law, Agency, Department of Homeland Security, ures, Reasonably Available Control Meas- the Defense Environmental Programs report transmitting, pursuant to law, the report of ures, and Transportation Conformity Budg- for fiscal year 2009; to the Committee on a rule entitled ‘‘Changes in Flood Elevation ets for the Philadelphia 1997 8-Hour Moderate Armed Services. Determinations’’ ((44 CFR Part 65) (Docket Ozone Nonattainment Area’’ (FRL No. 9160– EC–6046. A communication from the Under No. FEMA–2010–0003)) received in the Office 3) received during adjournment of the Senate Secretary of Defense (Acquisition, Tech- of the President of the Senate on June 7, in the Office of the President of the Senate nology and Logistics), transmitting, pursu- 2010; to the Committee on Banking, Housing, on June 4, 2010; to the Committee on Envi- ant to law, a report relative to the restruc- and Urban Affairs. ronment and Public Works. tured DDG 1000 Zumwalt Class Destroyer EC–6057. A communication from the Chief EC–6066. A communication from the Direc- program; to the Committee on Armed Serv- Counsel, Federal Emergency Management tor of the Regulatory Management Division, ices. Agency, Department of Homeland Security, Office of Policy, Economics, and Innovation, EC–6047. A communication from the Under transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- Secretary of Defense (Acquisition, Tech- a rule entitled ‘‘Changes in Final Flood Ele- ting, pursuant to law, the report of a rule en- nology and Logistics), transmitting, pursu- vation Determinations (75 FR 18076)’’ ((44 titled ‘‘Approval and Promulgation of Imple- ant to law, a report relative to the restruc- CFR Part 65) (Docket No. FEMA–2010–0003)) mentation Plans; New Mexico; Interstate tured Remote Minehunting System (RMS) received during adjournment of the Senate Transport of Pollution’’ (FRL No. 9160–2) re- program; to the Committee on Armed Serv- in the Office of the President of the Senate ceived during adjournment of the Senate in ices. on June 3, 2010; to the Committee on Bank- the Office of the President of the Senate on EC–6048. A communication from the Under ing, Housing, and Urban Affairs. June 4, 2010; to the Committee on Environ- Secretary of Defense (Acquisition, Tech- EC–6058. A communication from the Chair- ment and Public Works. nology and Logistics), transmitting, pursu- man and President of the Export-Import EC–6067. A communication from the Direc- ant to law, a report relative to the restruc- Bank, transmitting, pursuant to law, a re- tor of the Regulatory Management Division, tured Wideband Global SATCOM (WGS) pro- port relative to transactions involving U.S. Office of Policy, Economics, and Innovation, gram; to the Committee on Armed Services. exports to Singapore; to the Committee on Environmental Protection Agency, transmit- EC–6049. A communication from the Assist- Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- ant Secretary (Reserve Affairs), Department EC–6059. A communication from the Chair- titled ‘‘Hazardous Waste Technical Correc- of Defense, transmitting, pursuant to law, man and President of the Export-Import tions and Clarifications Rule’’ (FRL No. the annual National Guard and Reserve Bank, transmitting, pursuant to law, a re- 9158–5) received in the Office of the President Equipment Report for fiscal year 2011; to the port relative to transactions involving U.S. of the Senate on May 28, 2010; to the Com- Committee on Armed Services. exports to the Kingdom of Saudi Arabia; to mittee on Environment and Public Works.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4655 EC–6068. A communication from the Direc- Protection Agency’’ (FRL No. 9158–9) re- Department of State, transmitting, pursuant tor of the Regulatory Management Division, ceived during adjournment of the Senate in to the Arms Export Control Act, the certifi- Office of Policy, Economics, and Innovation, the Office of the President of the Senate on cation of a proposed technical assistance Environmental Protection Agency, transmit- June 2, 2010; to the Committee on Environ- agreement for the transfer of technical data, ting, pursuant to law, the report of a rule en- ment and Public Works. defense services, and hardware to support titled ‘‘National Emission Standards for Haz- EC–6075. A communication from the Ad- the Proton launch of the Intelsat 23 Com- ardous Air Pollutants: Area Source Stand- ministrator of the Environmental Protection mercial Communication Satellite from the ards for Paints and Allied Products Manufac- Agency, transmitting, pursuant to law, a re- Baikonur Cosmodrome in Kazakhstan in the turing; Amendments’’ (FRL No. 9158–1) report relative to the Status of State Small amount of $50,000,000 or more; to the Com- ceived in the Office of the President of the Business Compliance Assistance Programs mittee on Foreign Relations. Senate on May 28, 2010; to the Committee on for 2007–2008; to the Committee on Environ- EC–6084. A communication from the Assist- Environment and Public Works. ment and Public Works. ant Secretary, Bureau of Legislative Affairs, EC–6069. A communication from the Direc- EC–6076. A communication from the Chief Department of State, transmitting, pursuant tor of the Regulatory Management Division, of the Publications and Regulations Branch, to the Arms Export Control Act, the certifi- Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the cation of a proposed technical assistance Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the agreement for the transfer of technical data, ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Revenue Proce- defense services, and hardware to support titled ‘‘Approval and Promulgation of Air dure: United States and Area Median Gross the Proton launch of the Yamal 402 Commer- Quality Implementation Plans; Rhode Is- Income Figures’’ (Rev. Proc. 2010–23) received cial Communication Satellite from the land; Determination of Attainment of the during adjournment of the Senate in the Of- Baikonur Cosmodrome in Kazakhstan in the 1997 Ozone Standard’’ (FRL No. 9157–4) re- fice of the President of the Senate on June 4, amount of $50,000,000 or more; to the Com- ceived in the Office of the President of the 2010; to the Committee on Finance. mittee on Foreign Relations. Senate on May 28, 2010; to the Committee on EC–6077. A communication from the Chief EC–6085. A communication from the Assist- Environment and Public Works. of the Publications and Regulations Branch, ant Secretary, Bureau of Legislative Affairs, EC–6070. A communication from the Direc- Internal Revenue Service, Department of the Department of State, transmitting, pursuant tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the to the Arms Export Control Act, the certifi- Office of Policy, Economics, and Innovation, report of a rule entitled ‘‘Modification of cation of a proposed technical assistance Environmental Protection Agency, transmit- Rev. Proc. 2009–50’’ (Rev. Proc. 2010–24) re- agreement for the transfer of technical data, ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in defense services, and hardware to support titled ‘‘Approval and Promulgation of Air the Office of the President of the Senate on the NIMIQ 6 Commercial Communications Quality Implementation Plans; Maryland; June 4, 2010; to the Committee on Finance. Satellite Program of Canada in the amount Reasonable Further Progress Plan, 2002 Base EC–6078. A communication from the Chief of $100,000,000 or more; to the Committee on Year Emission Inventory, Contingency Meas- of the Publications and Regulations Branch, Foreign Relations. ures, Reasonably Available Control Meas- Internal Revenue Service, Department of the EC–6086. A communication from the Assist- ures, and Transportation Conformity Budg- Treasury, transmitting, pursuant to law, the ant Secretary, Bureau of Legislative Affairs, ets for the Baltimore 1997 8-Hour Moderate report of a rule entitled ‘‘Prevention of Over- Department of State, transmitting, pursuant Ozone Nonattainment Area’’ (FRL No. 9158– Withholding and U.S. Tax Avoidance with to the Arms Export Control Act, the certifi- 4) received in the Office of the President of Respect to Certain Substitute Dividend Pay- cation of a proposed technical assistance the Senate on May 28, 2010; to the Committee ments’’ (Notice No. 2010–46) received in the agreement for the transfer of technical data, on Environment and Public Works. Office of the President of the Senate on June defense services, and hardware to support EC–6071. A communication from the Direc- 7, 2010; to the Committee on Finance. the HYLAS 2 Commercial Communications tor of the Regulatory Management Division, EC–6079. A communication from the Chief Satellite Program of the United Kingdom in Office of Policy, Economics, and Innovation, of the Publications and Regulations Branch, the amount of $100,000,000 or more; to the Environmental Protection Agency, transmit- Internal Revenue Service, Department of the Committee on Foreign Relations. ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the EC–6087. A communication from the Execu- titled ‘‘Approval and Promulgation of Air report of a rule entitled ‘‘Health Savings Ac- tive Analyst, Department of Health and Quality Implementation Plans; Delaware; counts Inflation Adjustments for 2011’’ (Rev. Human Services, transmitting, pursuant to Control of Nitrogen Oxide Emissions from Proc. 2010–22) received in the Office of the law, a report relative to a vacancy in the po- Industrial Boilers and Process Heaters at Pe- President of the Senate on June 7, 2010; to sition of General Counsel of the Department troleum Refineries’’ (FRL No. 9158–3) re- the Committee on Finance. of Health and Human Services, received dur- ceived in the Office of the President of the EC–6080. A communication from the Office ing adjournment of the Senate in the Office Senate on May 28, 2010; to the Committee on Manager, Centers for Medicare and Medicaid of the President of the Senate on June 2, Environment and Public Works. Services, Department of Health and Human 2010; to the Committee on Health, Education, EC–6072. A communication from the Direc- Services, transmitting, pursuant to law, the Labor, and Pensions. tor of the Regulatory Management Division, report of a rule entitled ‘‘Medicaid Program; EC–6088. A communication from the Sec- Office of Policy, Economics, and Innovation, Hospital Inpatient Prospective Payment retary of the Department of Health and Environmental Protection Agency, transmit- Systems for Acute Care Hospitals and Fiscal Human Services, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Year 2010 Rates and to the Long Term Care law, a report relative to animal drug user titled ‘‘Approval and Promulgation of Air Hospital Prospective Payment System and fees and related expenses for Fiscal Year Quality Implementation Plans; Wisconsin; Rate Year 2010 Rates: Final Fiscal Year 2010 2009; to the Committee on Health, Education, Particulate Matter Standards; Withdrawal of Wage Indices and Payment Rates Imple- Labor, and Pensions. Direct Final Rule’’ (FRL No. 9157–9) received menting the Affordable Care Act’’ (RIN0938– EC–6089. A communication from the Dis- during adjournment of the Senate in the Of- AQ03) received in the Office of the President trict of Columbia Auditor, transmitting, pur- fice of the President of the Senate on June 2, of the Senate on May 28, 2010; to the Com- suant to law, a report entitled ‘‘Auditor’s 2010; to the Committee on Environment and mittee on Finance. Certification of the District Department of Public Works. EC–6081. A communication from the Office Transportation’s Fiscal Year 2008 Perform- EC–6073. A communication from the Direc- Manager, Centers for Medicare and Medicaid ance Accountability Report’’; to the Com- tor of the Regulatory Management Division, Services, Department of Health and Human mittee on Homeland Security and Govern- Office of Policy, Economics, and Innovation, Services, transmitting, pursuant to law, the mental Affairs. Environmental Protection Agency, transmit- report of a rule entitled ‘‘Medicaid Program; EC–6090. A communication from the Chair- ting, pursuant to law, the report of a rule en- Premiums and Cost Sharing (CMS–2244–FC)’’ man of the Council of the District of Colum- titled ‘‘Finding of Failure to Submit Section (RIN0938–AP73) received in the Office of the bia, transmitting, pursuant to law, a report 110 State Implementation Plans for Inter- President of the Senate on May 28, 2010; to on D.C. Act 18—413, ‘‘Master Public Facili- state Transport for the 2006 National Ambi- the Committee on Finance. ties Plan Amendment Act of 2010’’; to the ent Air Quality Standards for Fine Particu- EC–6082. A communication from the Assist- Committee on Homeland Security and Gov- late Matter’’ (FRL No. 9159–5) received dur- ant Secretary, Bureau of Legislative Affairs, ernmental Affairs. ing adjournment of the Senate in the Office Department of State, transmitting, pursuant EC–6091. A communication from the Chair- of the President of the Senate on June 2, to the Arms Export Control Act, the certifi- man of the Council of the District of Colum- 2010; to the Committee on Environment and cation of a proposed technical assistance bia, transmitting, pursuant to law, a report Public Works. agreement for the transfer of technical data, on D.C. Act 18—416, ‘‘Old Naval Hospital EC–6074. A communication from the Direc- defense services, and hardware to support Community Obligation Requirements Tem- tor of the Regulatory Management Division, the Proton launch of the Yamal 401 Commer- porary Amendment Act of 2010’’; to the Com- Office of Policy, Economics, and Innovation, cial Communication Satellite from the mittee on Homeland Security and Govern- Environmental Protection Agency, transmit- Baikonur Cosmodrome in Kazakhstan in the mental Affairs. ting, pursuant to law, the report of a rule en- amount of $50,000,000 or more; to the Com- EC–6092. A communication from the Chair- titled ‘‘Nondiscrimination on the Basis of mittee on Foreign Relations. man of the Council of the District of Colum- Age in Programs or Activities Receiving EC–6083. A communication from the Assist- bia, transmitting, pursuant to law, a report Federal Assistance from the Environmental ant Secretary, Bureau of Legislative Affairs, on D.C. Act 18—417, ‘‘Medicaid Resource

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4656 CONGRESSIONAL RECORD — SENATE June 8, 2010 Maximization Temporary Amendment Act of ant to law, the Semi-Annual Report of the 2009; to the Committee on Commerce, 2010’’; to the Committee on Homeland Secu- Inspector General for the period from Octo- Science, and Transportation. rity and Governmental Affairs. ber 1, 2009 through March 31, 2010; to the EC–6114. A communication from the Regu- EC–6093. A communication from the Chair- Committee on Homeland Security and Gov- latory Ombudsman, Federal Motor Carrier man of the Council of the District of Colum- ernmental Affairs. Safety Administration, Department of bia, transmitting, pursuant to law, a report EC–6104. A communication from the Sec- Transportation, transmitting, pursuant to on D.C. Act 18—418, ‘‘Withholding of Tax on retary of the Department of Energy, trans- law, the report of a rule entitled ‘‘Fees for Lottery Winnings Temporary Act of 2010’’; to mitting, pursuant to law, the Semi-Annual the Unified Carrier Registration Plan and the Committee on Homeland Security and Report of the Inspector General for the pe- Agreement’’ (RIN2126–AB19) received during Governmental Affairs. riod from October 1, 2009 through March 31, adjournment of the Senate in the Office of EC–6094. A communication from the Chair- 2010; to the Committee on Homeland Secu- the President of the Senate on June 4, 2010; man of the Council of the District of Colum- rity and Governmental Affairs. to the Committee on Commerce, Science, bia, transmitting, pursuant to law, a report EC–6105. A communication from the Sec- and Transportation. on D.C. Act 18—419, ‘‘Third and H Streets, retary of the Department of Veterans Af- EC–6115. A communication from the Attor- N.E., Economic Development Technical Clar- fairs, transmitting, pursuant to law, the ney Advisor, U.S. Coast Guard, Department ification Temporary Amendment Act of Semi-Annual Report of the Inspector Gen- of Homeland Security, transmitting, pursu- 2010’’; to the Committee on Homeland Secu- eral for the period from October 1, 2009 ant to law, the report of a rule entitled rity and Governmental Affairs. through March 31, 2010; to the Committee on ‘‘Regulated Navigation Area; Lake Cham- EC–6095. A communication from the Chair- Homeland Security and Governmental Af- plain Bridge Construction Zone, NY and VT’’ man of the Council of the District of Colum- fairs. ((RIN1625–AA11)(Docket No. USG–2010–0176)) bia, transmitting, pursuant to law, a report EC–6106. A communication from the Chair- received during adjournment of the Senate on D.C. Act 18—429, ‘‘Legalization of Mari- man of the Railroad Retirement Board, in the Office of the President of the Senate juana for Medical Treatment Amendment transmitting, pursuant to law, the Semi-An- on June 2, 2010; to the Committee on Com- Act of 2010’’; to the Committee on Homeland nual Report of the Inspector General for the merce, Science, and Transportation. Security and Governmental Affairs. period from October 1, 2009 through March EC–6116. A communication from the Dep- EC–6096. A communication from the Sec- 31, 2010; to the Committee on Homeland Se- uty Assistant Administrator for Regulatory retary of the Department of Agriculture, curity and Governmental Affairs. Programs, Office of Sustainable Fisheries, transmitting, pursuant to law, the Semi-An- EC–6107. A communication from the Direc- Department of Commerce, transmitting, pur- nual Report of the Inspector General for the tor, Congressional Affairs, Federal Election suant to law, the report of a rule entitled period from October 1, 2009 through March Commission, transmitting, pursuant to law, ‘‘Fisheries of the Caribbean, Gulf of Mexico, 31, 2010; to the Committee on Homeland Se- the Semi-Annual Report of the Inspector and South Atlantic; Amendment to Emer- curity and Governmental Affairs. General for the period from October 1, 2009 gency Fisheries Closure in the Gulf of Mex- EC–6097. A communication from the Ad- through March 31, 2010; to the Committee on ico Due to the Deepwater Horizon Oil Spill’’ ministrator of the Environmental Protection Homeland Security and Governmental Af- (RIN0648–AY87) received during adjournment Agency, transmitting, pursuant to law, the fairs. of the Senate in the Office of the President Semi-Annual Report of the Inspector Gen- EC–6108. A communication from the Chief of the Senate on June 2, 2010; to the Com- eral for the period from October 1, 2009 Executive Officer, Corporation for National mittee on Commerce, Science, and Transpor- through March 31, 2010 and the Inspector and Community Service, transmitting, pur- tation. EC–6117. A communication from the Para- General’s Compendium of Unimplemented suant to law, the Semi-Annual Report of the legal Specialist, Federal Aviation Adminis- Recommendations; to the Committee on Inspector General for the period from Octo- tration, Department of Transportation, Homeland Security and Governmental Af- ber 1, 2009 through March 31, 2010; to the transmitting, pursuant to law, the report of fairs. Committee on Homeland Security and Gov- a rule entitled ‘‘Amendment of Jet Route J– EC–6098. A communication from the Ad- ernmental Affairs. 120; Alaska’’ ((RIN2120–AA66)(Docket No. ministrator of the Agency for International EC–6109. A communication from the Chair FAA–2009–0007)) received during adjournment Development (USAID), transmitting, pursu- of the U.S. Equal Employment Opportunity of the Senate in the Office of the President ant to law, the Semi-Annual Report of the Commission, transmitting, pursuant to law, of the Senate on June 4, 2010; to the Com- Inspector General for the period from Octo- the Semi-Annual Report of the Inspector mittee on Commerce, Science, and Transpor- ber 1, 2009 through March 31, 2010; to the General for the period from October 1, 2009 tation. Committee on Homeland Security and Gov- through March 31, 2010 and the Semi-Annual EC–6118. A communication from the Para- ernmental Affairs. Management Report for the period ending legal Specialist, Federal Aviation Adminis- EC–6099. A communication from the Sec- March 31, 2010; to the Committee on Home- tration, Department of Transportation, retary of the Department of the Treasury, land Security and Governmental Affairs. transmitting, pursuant to law, the report of transmitting, pursuant to law, the Semi-An- EC–6110. A communication from the Assist- a rule entitled ‘‘Amendment of Class E Air- nual Report of the Inspector General for the ant Attorney General, Office of Legislative space; Marion, IL’’ ((RIN2120–AA66)(Docket period from October 1, 2009 through March Affairs, Department of Justice, transmit- No. FAA–2009–1154)) received during adjourn- 31, 2010 and the Semi-Annual Report of the ting, pursuant to law, the Semi-Annual Re- ment of the Senate in the Office of the Presi- Treasury Inspector General for Tax Adminis- port of the Inspector General for the period dent of the Senate on June 4, 2010; to the tration; to the Committee on Homeland Se- from October 1, 2009 through March 31, 2010 Committee on Commerce, Science, and curity and Governmental Affairs. and the Attorney General’s Semi-Annual Transportation. EC–6100. A communication from the Chair- Management Report; to the Committee on EC–6119. A communication from the Para- man of the Consumer Product Safety Com- Homeland Security and Governmental Af- legal Specialist, Federal Aviation Adminis- mission, transmitting, pursuant to law, the fairs. tration, Department of Transportation, Semi-Annual Report of the Inspector Gen- EC–6111. A communication from the Sec- transmitting, pursuant to law, the report of eral for the period from October 1, 2009 tion Chief, Federal Bureau of Investigation, a rule entitled ‘‘Amendment of Class E Air- through March 31, 2010; to the Committee on Department of Justice, transmitting, pursu- space; Claremore, OK’’ ((RIN2120– Homeland Security and Governmental Af- ant to law, the report of a rule entitled ‘‘FBI AA66)(Docket No. FAA–2009–0538)) received fairs. Records Management Division National during adjournment of the Senate in the Of- EC–6101. A communication from the Chair- Name Check Section User Fees’’ (RIN1110– fice of the President of the Senate on June 4, man of the Securities and Exchange Com- AA29) received in the Office of the President 2010; to the Committee on Commerce, mission, transmitting, pursuant to law, the of the Senate on May 28, 2010; to the Com- Science, and Transportation. Management Report and the Semi-Annual mittee on the Judiciary. EC–6120. A communication from the Para- Report of the Inspector General for the pe- EC–6112. A communication from the Senior legal Specialist, Federal Aviation Adminis- riod from October 1, 2009 through March 31, Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, 2010; to the Committee on Homeland Secu- tration, Department of Transportation, transmitting, pursuant to law, the report of rity and Governmental Affairs. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; EC–6102. A communication from the Chair- a rule entitled ‘‘Automatic Dependent Sur- Turbomeca Arriel 1B, 1D, 1D1, and 1S1 Tur- man of the National Endowment for the veillance—Broadcast (ADS–B) Equipage boshaft Engines’’ ((RIN2120–AA64)(Docket Arts, transmitting, pursuant to law, the Mandate to Support Air Traffic Control No. FAA 05–21242)) received during adjourn- Semi-Annual Report of the Inspector Gen- Service’’ ((RIN2120–AI92)(Docket No. FAA– ment of the Senate in the Office of the Presi- eral for the period from October 1, 2009 2007–29305)) received during adjournment of dent of the Senate on June 4, 2010; to the through March 31, 2010 and the Chairman’s the Senate in the Office of the President of Committee on Commerce, Science, and Semi-Annual Report on Final Action Result- the Senate on June 4, 2010; to the Committee Transportation. ing from Audit Reports, Inspection Reports, on Commerce, Science, and Transportation. EC–6121. A communication from the Para- and Evaluation Reports; to the Committee EC–6113. A communication from the Chair- legal Specialist, Federal Aviation Adminis- on Homeland Security and Governmental Af- man, Board of Governors of the Federal Re- tration, Department of Transportation, fairs. serve System, transmitting, pursuant to law, transmitting, pursuant to law, the report of EC–6103. A communication from the Sec- a report relative to the Credit Card Account- a rule entitled ‘‘Airworthiness Directives; Si- retary of the Interior, transmitting, pursu- ability Responsibility and Disclosure Act of korsky Aircraft Corporation (Sikorsky)

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4657 Model S–92A Helicopters’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; of the Senate in the Office of the President AA64)(Docket No. FAA–2010–0060)) received BAE SYSTEMS (Operations) Limited Model of the Senate on June 4, 2010; to the Com- during adjournment of the Senate in the Of- BAe 146 and Avro 146–RJ70A, 146–RJ85A, and mittee on Commerce, Science, and Transpor- fice of the President of the Senate on June 4, 146–RJ100A Airplanes’’ ((RIN2120– tation. 2010; to the Committee on Commerce, AA64)(Docket No. FAA–2009–1254)) received EC–6136. A communication from the Pro- Science, and Transportation. during adjournment of the Senate in the Of- gram Analyst, Federal Aviation Administra- EC–6122. A communication from the Para- fice of the President of the Senate on June 4, tion, Department of Transportation, trans- legal Specialist, Federal Aviation Adminis- 2010; to the Committee on Commerce, mitting, pursuant to law, the report of a rule tration, Department of Transportation, Science, and Transportation. entitled ‘‘Amendment of Class E Airspace; transmitting, pursuant to law, the report of EC–6129. A communication from the Para- Manila, AR’’ ((RIN2120–AA66)(Docket No. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- FAA–2009–1184)) received during adjournment McDonnell-Douglas Corporation Model DC–9– tration, Department of Transportation, of the Senate in the Office of the President 30, DC–9–40, and DC–9–50 Series Airplanes’’ transmitting, pursuant to law, the report of of the Senate on June 4, 2010; to the Com- ((RIN2120–AA64)(Docket No. FAA–2009–0685)) a rule entitled ‘‘Airworthiness Directives; Si- mittee on Commerce, Science, and Transpor- received during adjournment of the Senate korsky Aircraft Corporation Model S–76A, B, tation. in the Office of the President of the Senate and C Helicopters’’ ((RIN2120–AA64)(Docket EC–6137. A communication from the Pro- on June 4, 2010; to the Committee on Com- No. FAA–2006–24587)) received during ad- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. journment of the Senate in the Office of the tion, Department of Transportation, trans- EC–6123. A communication from the Para- President of the Senate on June 4, 2010; to mitting, pursuant to law, the report of a rule legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and entitled ‘‘Amendment of Class E Airspace; tration, Department of Transportation, Transportation. Mountain View, AR’’ ((RIN2120– transmitting, pursuant to law, the report of EC–6130. A communication from the Para- AA66)(Docket No. FAA–2009–1181)) received a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- during adjournment of the Senate in the Of- Hawker Beechcraft Corporation (Type Cer- tration, Department of Transportation, fice of the President of the Senate on June 4, tificate No. A00010WI Previously Held by transmitting, pursuant to law, the report of 2010; to the Committee on Commerce, Raytheon Aircraft Company) Model 390 Air- a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. planes’’ ((RIN2120–AA64)(Docket No. FAA– Empresa Brasileira de Aeronautica S.A. EC–6138. A communication from the Pro- 2010–0158)) received during adjournment of (EMBRAER) Model ERJ 170 and Model ERJ gram Analyst, Federal Aviation Administra- the Senate in the Office of the President of 190 Airplanes’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- the Senate on June 4, 2010; to the Committee FAA–2009–0614)) received during adjournment mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. of the Senate in the Office of the President entitled ‘‘Amendment of Class E Airspace; EC–6124. A communication from the Para- of the Senate on June 4, 2010; to the Com- Batesville, AR’’ ((RIN2120–AA66)(Docket No. legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- FAA–2009–1177)) received during adjournment tration, Department of Transportation, tation. of the Senate in the Office of the President transmitting, pursuant to law, the report of EC–6131. A communication from the Para- of the Senate on June 4, 2010; to the Com- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- Empresa Brasileira de Aeronautica S.A. tration, Department of Transportation, tation. (EMBRAER) Model EMB–135 and 145, 145ER, transmitting, pursuant to law, the report of EC–6139. A communication from the Pro- 145MR, 145LR, 145XR, 145MP, and 145EP Air- a rule entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. FAA– Airbus Model A340–200 and A340–300 Series tion, Department of Transportation, trans- 2009–0714)) received during adjournment of Airplanes’’ ((RIN2120–AA64)(Docket No. mitting, pursuant to law, the report of a rule the Senate in the Office of the President of FAA–20–0476)) received during adjournment entitled ‘‘Amendment of Class E Airspace; the Senate on June 4, 2010; to the Committee of the Senate in the Office of the President Beatrice, NE’’ ((RIN2120–AA66)(Docket No. on Commerce, Science, and Transportation. of the Senate on June 4, 2010; to the Com- FAA–2009–0697)) received during adjournment EC–6125. A communication from the Para- mittee on Commerce, Science, and Transpor- of the Senate in the Office of the President legal Specialist, Federal Aviation Adminis- tation. of the Senate on June 4, 2010; to the Com- tration, Department of Transportation, EC–6132. A communication from the Pro- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- tation. a rule entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- EC–6140. A communication from the Pro- Bombardier, Inc. Model CL–600–2C10 (Re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gional Jet Series 700, 701, and 702) Airplanes, entitled ‘‘Special Issuance of Airman Med- tion, Department of Transportation, trans- Model CL–600–2D15 (Regional Jet Series 705) ical Certificates to Applicants Being Treated mitting, pursuant to law, the report of a rule Airplanes, and Model CL–600–2D24 (Regional with Certain Antidepressant Medications; entitled ‘‘Amendment of Restricted Area R– Jet Series 900) Airplanes’’ ((RIN2120– Re–Opening of Comment Period’’ ((RIN2120– 2502A; Fort Irwin, CA’’ ((RIN2120– AA64)(Docket No. FAA–2009–0792)) received AJ37)(Docket No. FAA–2009–0773)) received AA66)(Docket No. FAA–2010–0471)) received during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- fice of the President of the Senate on June 4, fice of the President of the Senate on June 4, fice of the President of the Senate on June 4, 2010; to the Committee on Commerce, 2010; to the Committee on Commerce, 2010; to the Committee on Commerce, Science, and Transportation. Science, and Transportation. Science, and Transportation. EC–6126. A communication from the Para- EC–6133. A communication from the Senior EC–6141. A communication from the Pro- legal Specialist, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- tration, Department of Transportation, tration, Department of Transportation, tion, Department of Transportation, trans- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Civil Penalty Inflation Ad- entitled ‘‘Amendment of Area Navigation The Boeing Company Model 747–100, 747–100B, justment for Commercial Space Adjudica- Route Q–15; California’’ ((RIN2120– 747–100B SUD, 747–200B, 747–300, 747SR, and tions’’ ((RIN2120–AJ63)(Docket No. FAA– AA66)(Docket No. FAA–2010–0028)) received 747SP Series Airplanes’’ ((RIN2120– 2009–1240)) received during adjournment of during adjournment of the Senate in the Of- AA64)(Docket No. FAA–2009–1066)) received the Senate in the Office of the President of fice of the President of the Senate on June 4, during adjournment of the Senate in the Of- the Senate on June 4, 2010; to the Committee 2010; to the Committee on Commerce, fice of the President of the Senate on June 4, on Commerce, Science, and Transportation. Science, and Transportation. 2010; to the Committee on Commerce, EC–6134. A communication from the Senior EC–6142. A communication from the Pro- Science, and Transportation. Program Analyst, Federal Aviation Adminis- gram Analyst, Federal Aviation Administra- EC–6127. A communication from the Para- tration, Department of Transportation, tion, Department of Transportation, trans- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule tration, Department of Transportation, a rule entitled ‘‘Clarification of Parachute entitled ‘‘Amendment and Establishment of transmitting, pursuant to law, the report of Packing Authorization’’ ((RIN2120– Restricted Areas and Other Special Use Air- a rule entitled ‘‘Airworthiness Directives; AJ08)(Docket No. FAA–2007–28518)) received space, Avon Park Air Force Range; FL’’ Bombardier, Inc. Model BD–100–1A10 (Chal- during adjournment of the Senate in the Of- ((RIN2120–AA66)(Docket No. FAA–2008–1261)) lenger 300) Airplanes’’ ((RIN2120– fice of the President of the Senate on June 4, received during adjournment of the Senate AA64)(Docket No. FAA–2010–0475)) received 2010; to the Committee on Commerce, in the Office of the President of the Senate during adjournment of the Senate in the Of- Science, and Transportation. on June 4, 2010; to the Committee on Com- fice of the President of the Senate on June 4, EC–6135. A communication from the Pro- merce, Science, and Transportation. 2010; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–6143. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–6128. A communication from the Para- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- legal Specialist, Federal Aviation Adminis- entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule tration, Department of Transportation, Marianna, AR’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Teledyne transmitting, pursuant to law, the report of FAA–2009–1167)) received during adjournment Continental Motors (TCM) 240, 346, 360, 470,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4658 CONGRESSIONAL RECORD — SENATE June 8, 2010 520, and 550 Series and Rolls-Royce Motors, and second times by unanimous con- to establish the Interagency Council on Ltd. (R–RM) IO–240–A Reciprocating En- sent, and referred as indicated: Sustainable Communities, to establish gines’’ ((RIN2120–AA64)(Docket No. FAA– By Mrs. SHAHEEN (for herself, Mrs. a comprehensive planning grant pro- 2009–1156)) received during adjournment of MURRAY, Mr. MENENDEZ, Mrs. gram, to establish a sustainability the Senate in the Office of the President of GILLIBRAND, Mr. KERRY, Ms. challenge grant program, and for other the Senate on June 4, 2010; to the Committee KLOBUCHAR, Ms. LANDRIEU, Mr. on Commerce, Science, and Transportation. purposes. EC–6144. A communication from the Pro- BEGICH, Mr. CASEY, Mr. DORGAN, Mr. S. 1836 BENNET, Mr. SCHUMER, Mr. FRANKEN, gram Analyst, Federal Aviation Administra- At the request of Mr. MCCAIN, the tion, Department of Transportation, trans- Mrs. FEINSTEIN, Mr. KAUFMAN, and names of the Senator from North Caro- mitting, pursuant to law, the report of a rule Mr. WHITEHOUSE): S. 3462. A bill to provide subpoena power to lina (Mr. BURR) and the Senator from entitled ‘‘Airworthiness Directives; the National Commission on the British Pe- Utah (Mr. HATCH) were added as co- Eurocopter France (ECF) Model AS332L1 and troleum Oil Spill in the Gulf of Mexico, and sponsors of S. 1836, a bill to prohibit AS332L2 Helicopters’’ ((RIN2120– for other purposes; to the Committee on the the Federal Communications Commis- AA64)(Docket No. FAA–2010–0489)) received Judiciary. during adjournment of the Senate in the Of- sion from further regulating the Inter- By Mr. LEAHY (for himself, Mr. DUR- fice of the President of the Senate on June 4, net. BIN, and Mr. WHITEHOUSE): 2010; to the Committee on Commerce, S. 1966 S. 3463. A bill to amend chapter 303 of title Science, and Transportation. At the request of Mr. DODD, the name 46, United States Code, to provide fair treat- EC–6145. A communication from the Pro- ment for the families of those killed on the of the Senator from New Jersey (Mr. gram Analyst, Federal Aviation Administra- high seas; to the Committee on Commerce, MENENDEZ) was added as a cosponsor of tion, Department of Transportation, trans- Science, and Transportation. S. 1966, a bill to provide assistance to mitting, pursuant to law, the report of a rule improve the health of newborns, chil- entitled ‘‘Airworthiness Directives; f dren, and mothers in developing coun- Eurocopter France Model AS332L2 Heli- ADDITIONAL COSPONSORS copters’’ ((RIN2120–AA64)(Docket No. FAA– tries, and for other purposes. 2010–0491)) received during adjournment of S. 504 S. 2765 the Senate in the Office of the President of At the request of Mr. ROBERTS, the At the request of Mr. KERRY, the the Senate on June 4, 2010; to the Committee name of the Senator from New Hamp- name of the Senator from Oregon (Mr. on Commerce, Science, and Transportation. shire (Mrs. SHAHEEN) was added as a co- WYDEN) was added as a cosponsor of S. EC–6146. A communication from the Pro- sponsor of S. 504, a bill to redesignate 2765, a bill to amend the Small Busi- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- the Department of the Navy as the De- ness Act to authorize loan guarantees mitting, pursuant to law, the report of a rule partment of the Navy and Marine for health information technology. entitled ‘‘Airworthiness Directives; Bell Hel- Corps. S. 3112 icopter Textron (Bell) Model 205A, 205A–1, S. 732 At the request of Ms. KLOBUCHAR, the 205B, 212, 412, 412EP, and 412CF and Agusta At the request of Mr. AKAKA, the name of the Senator from Delaware S.p.A. (Agusta) Model AB412, AB412EP Heli- name of the Senator from New Jersey (Mr. CARPER) was added as a cosponsor copters’’ ((RIN2120–AA64)(Docket No. FAA– (Mr. MENENDEZ) was added as a cospon- of S. 3112, a bill to remove obstacles to 2010–0487)) received during adjournment of legal sales of United States agricul- the Senate in the Office of the President of sor of S. 732, a bill to amend the Na- the Senate on June 4, 2010; to the Committee tional Dam Safety Program Act to es- tural commodities to Cuba and to end on Commerce, Science, and Transportation. tablish a program to provide grant as- certain travel restrictions to Cuba. S. 3234 f sistance to States for the rehabilitation and repair of deficient dams. At the request of Mrs. MURRAY, the REPORTS OF COMMITTEES S. 1011 name of the Senator from Maine (Ms. The following reports of committees At the request of Mr. AKAKA, the SNOWE) was added as a cosponsor of S. were submitted: name of the Senator from Connecticut 3234, a bill to improve employment, By Mr. ROCKEFELLER, from the Com- (Mr. DODD) was added as a cosponsor of training, and placement services fur- mittee on Commerce, Science, and Transpor- S. 1011, a bill to express the policy of nished to veterans, especially those tation, with an amendment in the nature of the United States regarding the United serving in Operation Iraqi Freedom and a substitute: States relationship with Native Hawai- Operation Enduring Freedom, and for S. 554. A bill to improve the safety of other purposes. motorcoaches, and for other purposes (Rept. ians and to provide a process for the S. 3235 No. 111–202). recognition by the United States of the By Mr. LEAHY, from the Committee on Native Hawaiian governing entity. At the request of Mr. DORGAN, the name of the Senator from New Mexico the Judiciary, without amendment: S. 1204 S. Res. 339. A resolution to express the (Mr. BINGAMAN) was added as a cospon- At the request of Mrs. MURRAY, the sense of the Senate in support of permitting sor of S. 3235, a bill to amend the Act the televising of Supreme Court proceedings. name of the Senator from Iowa (Mr. titled ‘‘An Act to authorize the leasing S. 446. A bill to permit the televising of Su- HARKIN) was added as a cosponsor of S. of restricted Indian lands for public, re- preme Court proceedings. 1204, a bill to amend the Department of ligious, educational, recreational, resi- f Veterans Affairs Health Care Programs dential, business, and other purposes Enhancement Act of 2001 to require the EXECUTIVE REPORT OF requiring the grant of long-term provision of chiropractic care and serv- COMMITTEE leases’’, approved August 9, 1955, to ices to veterans at all Department of provide for Indian tribes to enter into The following executive report of a Veterans Affairs medical centers, and nomination was submitted: certain leases without prior express ap- for other purposes. proval from the Secretary of the Inte- By Ms. LANDRIEU for the Committee on S. 1445 Small Business and Entrepreneurship. rior. *Marie Collins Johns, of the District of Co- At the request of Mr. LAUTENBERG, S. 3246 lumbia, to be Deputy Administrator of the the name of the Senator from Michigan At the request of Mr. WYDEN, the Small Business Administration. (Ms. STABENOW) was added as a cospon- name of the Senator from Montana * Nomination was reported with rec- sor of S. 1445, a bill to amend the Pub- (Mr. TESTER) was added as a cosponsor ommendation that it be confirmed sub- lic Health Service Act to improve the of S. 3246, a bill to exclude from consid- ject to the nominee’s commitment to health of children and reduce the oc- eration as income under the Native respond to requests to appear and tes- currence of sudden unexpected infant American Housing Assistance and Self- tify before any duly constituted com- death and to enhance public health ac- Determination Act of 1996 amounts re- mittee of the Senate. tivities related to stillbirth. ceived by a family from the Depart- S. 1619 f ment of Veterans Affairs for service-re- At the request of Mr. DODD, the name lated disabilities of a member of the INTRODUCTION OF BILLS AND of the Senator from Rhode Island (Mr. family. JOINT RESOLUTIONS REED) was added as a cosponsor of S. S. 3266 The following bills and joint resolu- 1619, a bill to establish the Office of At the request of Mr. BENNET, the tions were introduced, read the first Sustainable Housing and Communities, name of the Senator from Arkansas

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4659 (Mr. PRYOR) was added as a cosponsor tions contained in the Burmese Free- The Death on the High Seas Act is of S. 3266, a bill to ensure the avail- dom and Democracy Act of 2003. one of few Federal remedies for the sur- ability of loan guarantees for rural At the request of Mrs. FEINSTEIN, the vivors of those who were killed on the homeowners. names of the Senator from Colorado Deepwater Horizon. The families of S. 3278 (Mr. BENNET), the Senator from Penn- these men cannot seek justice under At the request of Mr. BENNET, the sylvania (Mr. CASEY), the Senator from the laws of their states. name of the Senator from Georgia (Mr. Vermont (Mr. LEAHY) and the Senator In 2000, in response to a tragic airline from Pennsylvania (Mr. SPECTER) were ISAKSON) was added as a cosponsor of S. crash, Congress amended the Death on 3278, a bill to establish the Meth added as cosponsors of S.J. Res. 29, the High Seas Act to permit recovery supra. Project Prevention Campaign Grant of non-pecuniary losses for the sur- Program. S. RES. 519 viving family members of air crash vic- At the request of Mr. DEMINT, the tims. While this was the right thing to S. 3324 name of the Senator from South Caro- do, it did not go far enough. Though At the request of Mr. BROWN of Ohio, lina (Mr. GRAHAM) was added as a co- the name of the Senator from Wash- well-intentioned, this amendment re- sponsor of S. Res. 519, a resolution ex- sulted in an inequity based solely on ington (Ms. CANTWELL) was added as a pressing the sense of the Senate that the manner in which a victim was cosponsor of S. 3324, a bill to amend the the primary safeguard for the well- Internal Revenue Code of 1986 to extend killed. Congress made some strides in being and protection of children is the modernizing this law then. Now it the qualifying advanced energy project family, and that the primary safe- credit. must finish the job. guards for the legal rights of children Current law provides greater protec- S. 3326 in the United States are the Constitu- tion to a person killed in an aircraft At the request of Ms. CANTWELL, the tions of the United States and the sev- disaster over international waters than name of the Senator from Michigan eral States, and that, because the use it does for a person killed in a boat or (Ms. STABENOW) was added as a cospon- of international treaties to govern pol- other ocean vessel such as an oil drill- sor of S. 3326, a bill to provide grants to icy in the United States on families ing rig. Under the Act today, the sur- States for low-income housing projects and children is contrary to principles viving family members of a person in lieu of low-income housing credits, of self-government and federalism, and wrongfully killed in international wa- and to amend the Internal Revenue that, because the United Nations Con- ters in a boat or other ocean vessel Code of 1986 to allow a 5-year vention on the Rights of the Child un- may only recover pecuniary damages. carryback of the low-income housing dermines traditional principles of law This means they can only seek the lost credit, and for other purposes. in the United States regarding parents income of their loved one, and what S. 3339 and children, the President should not that person provided to the family in At the request of Mr. KERRY, the transmit the Convention to the Senate monetary terms. name of the Senator from New Hamp- for its advice and consent. Not only is this law internally incon- shire (Mrs. SHAHEEN) was added as a co- f sistent, it is out of the legal main- sponsor of S. 3339, a bill to amend the STATEMENTS ON INTRODUCED stream. Families who lose a loved one Internal Revenue Code of 1986 to pro- BILLS AND JOINT RESOLUTIONS in a workplace accident on land are eli- vide a reduced rate of excise tax on gible for more compensation. For ex- By Mr. LEAHY (for himself, Mr. beer produced domestically by certain ample, the families of the 15 employees DURBIN, and Mr. WHITEHOUSE): small producers. who were killed in a 2005 BP Texas City S. 3463. A bill to amend chapter 303 of refinery explosion had a full range of S. 3341 title 46, United States Code, to provide legal remedies simply because the fa- At the request of Mr. CARDIN, the fair treatment for the families of those names of the Senator from Pennsyl- killed on the high seas; to the Com- cility was on dry land. It is unfair that vania (Mr. CASEY), the Senator from mittee on Commerce, Science, and the men on the Deepwater Horizon are Alaska (Mr. BEGICH) and the Senator Transportation. afforded less protection because that from Illinois (Mr. DURBIN) were added Mr. LEAHY. Mr. President, today I facility was at sea. Their jobs were no as cosponsors of S. 3341, a bill to amend introduce the Survivors Equality Act less dangerous, and their losses no less title 5, United States Code, to extend to ensure that everyone is treated tragic. eligibility for coverage under the Fed- equally under the Death on the High In the Judiciary Committee this morning, Senators heard testimony eral Employees Health Benefits Pro- Seas Act. I thank Senator WHITEHOUSE gram with respect to certain adult de- for joining me in this important effort from Christopher Jones. Mr. Jones’ pendents of Federal employees and an- to provide justice for victims. Earlier brother, Gordon Jones, was among the nuitants, in conformance with amend- today, the Senate Judiciary Committee 11 men who perished on the Deepwater ments made by the Patient Protection held a hearing to examine liability Horizon rig. He died while working to and Affordable Care Act. issues related to the British Petro- support his young family. Yet simply because of where he was working, his S. 3419 leum, BP, oil spill disaster in the Gulf family has less protection under the At the request of Mr. MERKLEY, the of Mexico. The testimony received at law than the survivors of a person who name of the Senator from California this hearing made it clear that several loses their life in an aircraft. This is (Mrs. FEINSTEIN) was added as a co- of our laws need updating. nonsensical and wrong. sponsor of S. 3419, a bill to exclude As a result of the BP oil spill, countless Americans in the Gulf Region have Where Federal law provides an exclu- from consumer credit reports medical sive remedy to those who lose their debt that has been in collection and been devastated. Waters, fisheries, wet- lands, and coastlines, and the wildlife lives in international waters, it should has been fully paid or settled, and for not be unfair. In the law, as in society, other purposes. that enriches those environments, have been injured profoundly. Their liveli- great value is placed on the bonds that S. 3434 hoods and way of life will take years of hold together families. The destruction At the request of Mr. BINGAMAN, the hard work to reclaim. of those bonds through the misconduct name of the Senator from Illinois (Mr. Among the victims of the explosion of another is a loss that is recognized BURRIS) was added as a cosponsor of S. that led to the oil spill are 11 men who by the law. Today, the Death on the 3434, a bill to provide for the establish- lost their lives on the Deepwater Hori- High Seas Act fails to recognize univer- ment of a Home Star Retrofit Rebate zon oil rig. Their families, including sally what it means to a child who will Program, and for other purposes. more than a dozen children, have expe- no longer have the guidance of a loving S.J. RES. 29 rienced a terrible loss. As Congress re- father or a spouse who will no longer At the request of Mr. MCCONNELL, sponds to the needs of the Gulf Region, have the care and comfort of a devoted the name of the Senator from Indiana these men and the families who lost wife or husband. It is time for Congress (Mr. LUGAR) was added as a cosponsor them must have justice. The legisla- to finish the work that was started a of S.J. Res. 29, a joint resolution ap- tion I introduce today is a step toward decade ago and make this law fair for proving the renewal of import restric- that goal. all to whom it applies.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4660 CONGRESSIONAL RECORD — SENATE June 8, 2010 As Congress moves forward to ad- SA 4309. Mr. SCHUMER submitted an Sec. 106. Extension of tax-exempt eligibility dress the terrible tragedy that has oc- amendment intended to be proposed to for loans guaranteed by Federal curred in the Gulf of Mexico, I urge all amendment SA 4301 proposed by Mr. BAUCUS home loan banks. Senators to join me in support of this to the bill H.R. 4213, supra; which was or- Sec. 107. Extension of temporary small dered to lie on the table. issuer rules for allocation of legislation to help the families of the SA 4310. Mr. SCHUMER (for himself, Ms. tax-exempt interest expense by 11 hardworking Americans who were STABENOW, Mr. LEVIN, Mr. ISAKSON, and Mr. financial institutions. killed during the explosion. CHAMBLISS) submitted an amendment in- TITLE II—EXTENSION OF EXPIRING Mr. President, I ask unanimous con- tended to be proposed to amendment SA 4301 PROVISIONS proposed by Mr. BAUCUS to the bill H.R. 4213, sent that the text of the bill be printed Subtitle A—Energy in the RECORD. supra; which was ordered to lie on the table. There being no objection, the text of SA 4311. Mr. FRANKEN (for himself, Ms. Sec. 201. Alternative motor vehicle credit for new qualified hybrid motor the bill was ordered to be printed in SNOWE, and Mrs. MURRAY) proposed an amendment to amendment SA 4301 proposed vehicles other than passenger the RECORD, as follows: by Mr. BAUCUS to the bill H.R. 4213, supra. automobiles and light trucks. S. 3463 SA 4312. Mr. VITTER (for himself, Mr. Sec. 202. Incentives for biodiesel and renew- Be it enacted by the Senate and House of Rep- GREGG, and Mr. CORNYN) submitted an able diesel. resentatives of the United States of America in amendment intended to be proposed to Sec. 203. Credit for electricity produced at Congress assembled, amendment SA 4301 proposed by Mr. BAUCUS certain open-loop biomass fa- SECTION 1. SHORT TITLE. to the bill H.R. 4213, supra; which was or- cilities. This Act may be cited as the ‘‘Survivors dered to lie on the table. Sec. 204. Extension and modification of cred- Equality Act of 2010’’. SA 4313. Mr. BARRASSO submitted an it for steel industry fuel. SEC. 2. FAIR TREATMENT FOR THE FAMILIES OF amendment intended to be proposed by him Sec. 205. Credit for producing fuel from coke THOSE KILLED ON THE HIGH SEAS. to the bill H.R. 4213, supra; which was or- or coke gas. Chapter 303 of title 46, United States Code, dered to lie on the table. Sec. 206. New energy efficient home credit. is amended by striking section 30303 and in- SA 4314. Mr. INHOFE submitted an amend- Sec. 207. Excise tax credits and outlay pay- serting the following: ment intended to be proposed by him to the ments for alternative fuel and alternative fuel mixtures. ‘‘§ 30303. Amount and apportionment of re- bill H.R. 4213, supra; which was ordered to lie Sec. 208. Special rule for sales or disposi- covery on the table. SA 4315. Mr. SESSIONS (for himself and tions to implement FERC or ‘‘(a) DEFINITION.—In this section, the term Mrs. MCCASKILL) submitted an amendment State electric restructuring ‘nonpecuniary loss’ means loss of care, com- intended to be proposed by him to the bill policy for qualified electric fort, and companionship. H.R. 4213, supra; which was ordered to lie on utilities. ‘‘(b) RECOVERY.—The recovery in an action the table. Sec. 209. Suspension of limitation on per- under this chapter shall be a fair compensa- SA 4316. Mr. BINGAMAN submitted an centage depletion for oil and tion for the pecuniary and nonpecuniary loss amendment intended to be proposed to gas from marginal wells. sustained by the individuals for whose ben- amendment SA 4301 proposed by Mr. BAUCUS Sec. 210. Direct payment of energy efficient efit the action is brought. The individuals to the bill H.R. 4213, supra; which was or- appliances tax credit. for whose benefit the action is brought may dered to lie on the table. Sec. 211. Modification of standards for win- also recover damages for the decedent’s pre- SA 4317. Mr. BINGAMAN submitted an dows, doors, and skylights with death pain and suffering.’’. amendment intended to be proposed to respect to the credit for non- SEC. 3. EFFECTIVE DATE. amendment SA 4301 proposed by Mr. BAUCUS business energy property. The amendment made by this Act shall to the bill H.R. 4213, supra; which was or- Subtitle B—Individual Tax Relief take effect on the date of enactment of this dered to lie on the table. Act and apply to any civil action filed on or PART I—MISCELLANEOUS PROVISIONS after that date. f Sec. 221. Deduction for certain expenses of f TEXT OF AMENDMENTS elementary and secondary school teachers. AMENDMENTS SUBMITTED AND SA 4301. Mr. BAUCUS proposed an Sec. 222. Additional standard deduction for PROPOSED amendment to the bill H.R. 4213, to State and local real property amend the Internal Revenue Code of SA 4301. Mr. BAUCUS proposed an amend- taxes. ment to the bill H.R. 4213, to amend the In- 1986 to extend certain expiring provi- Sec. 223. Deduction of State and local sales ternal Revenue Code of 1986 to extend certain sions, and for other purposes; as fol- taxes. expiring provisions, and for other purposes. lows: Sec. 224. Contributions of capital gain real property made for conservation SA 4302. Mr. CORNYN (for himself and Mr. In lieu of the matter proposed to be in- purposes. KYL) submitted an amendment intended to serted by the amendment of the House, in- Sec. 225. Above-the-line deduction for quali- be proposed to amendment SA 4301 proposed sert the following: fied tuition and related ex- by Mr. BAUCUS to the bill H.R. 4213, supra. SECTION 1. SHORT TITLE; AMENDMENT OF 1986 penses. SA 4303. Mr. SESSIONS (for himself and CODE; TABLE OF CONTENTS. Mrs. MCCASKILL) proposed an amendment to Sec. 226. Tax-free distributions from indi- (a) SHORT TITLE.—This Act may be cited as vidual retirement plans for amendment SA 4301 proposed by Mr. BAUCUS the ‘‘American Jobs and Closing Tax Loop- to the bill H.R. 4213, supra. charitable purposes. holes Act of 2010’’. Sec. 227. Look-thru of certain regulated in- SA 4304. Mr. CARDIN (for himself, Ms. MI- (b) AMENDMENT OF 1986 CODE.—Except as vestment company stock in de- KULSKI, Mr. CASEY, Mr. KAUFMAN, Mrs. otherwise expressly provided, whenever in ti- termining gross estate of non- HAGAN, and Mr. BEGICH) submitted an tles I, II, and IV of this Act an amendment residents. amendment intended to be proposed to or repeal is expressed in terms of an amend- amendment SA 4301 proposed by Mr. BAUCUS ment to, or repeal of, a section or other pro- PART II—LOW-INCOME HOUSING CREDITS to the bill H.R. 4213, supra. vision, the reference shall be considered to Sec. 231. Election for direct payment of low- SA 4305. Mr. WICKER submitted an amend- be made to a section or other provision of income housing credit for 2010. ment intended to be proposed to amendment the Internal Revenue Code of 1986. Subtitle C—Business Tax Relief SA 4301 proposed by Mr. BAUCUS to the bill (c) TABLE OF CONTENTS.—The table of con- Sec. 241. Research credit. H.R. 4213, supra; which was ordered to lie on tents for this Act is as follows: the table. Sec. 242. Indian employment tax credit. SA 4306. Mr. WICKER submitted an amend- Sec. 1. Short title; amendment of 1986 Code; Sec. 243. New markets tax credit. ment intended to be proposed to amendment table of contents. Sec. 244. Railroad track maintenance credit. SA 4301 proposed by Mr. BAUCUS to the bill TITLE I—INFRASTRUCTURE INCENTIVES Sec. 245. Mine rescue team training credit. H.R. 4213, supra; which was ordered to lie on Sec. 101. Extension of Build America Bonds. Sec. 246. Employer wage credit for employ- the table. Sec. 102. Exempt-facility bonds for sewage ees who are active duty mem- SA 4307. Mr. BEGICH submitted an amend- and water supply facilities. bers of the uniformed services. ment intended to be proposed to amendment Sec. 103. Extension of exemption from alter- Sec. 247. 5-year depreciation for farming SA 4301 proposed by Mr. BAUCUS to the bill native minimum tax treatment business machinery and equip- H.R. 4213, supra; which was ordered to lie on for certain tax-exempt bonds. ment. the table. Sec. 104. Extension and additional alloca- Sec. 248. 15-year straight-line cost recovery SA 4308. Mr. SCHUMER submitted an tions of recovery zone bond au- for qualified leasehold improve- amendment intended to be proposed to thority. ments, qualified restaurant amendment SA 4301 proposed by Mr. BAUCUS Sec. 105. Allowance of new markets tax cred- buildings and improvements, to the bill H.R. 4213, supra; which was or- it against alternative minimum and qualified retail improve- dered to lie on the table. tax. ments.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4661 Sec. 249. 7-year recovery period for motor- Sec. 296. Work opportunity tax credit with Sec. 422. Taxation of boot received in reor- sports entertainment com- respect to certain individuals ganizations. plexes. affected by Hurricane Katrina Subtitle D—Other Provisions Sec. 250. Accelerated depreciation for busi- for employers inside disaster Sec. 431. Modifications with respect to Oil ness property on an Indian res- areas. Spill Liability Trust Fund. Sec. 297. Extension of low-income housing ervation. Sec. 432. Time for payment of corporate esti- Sec. 251. Enhanced charitable deduction for credit rules for buildings in GO mated taxes. contributions of food inventory. zones. TITLE V—UNEMPLOYMENT, HEALTH, Sec. 252. Enhanced charitable deduction for TITLE III—PENSION FUNDING RELIEF AND OTHER ASSISTANCE contributions of book inven- Subtitle A—Single-Employer Plans tories to public schools. Subtitle A—Unemployment Insurance and Sec. 253. Enhanced charitable deduction for Sec. 301. Extended period for single-em- Other Assistance ployer defined benefit plans to corporate contributions of com- Sec. 501. Extension of unemployment insur- amortize certain shortfall am- puter inventory for educational ance provisions. ortization bases. purposes. Sec. 502. Coordination of emergency unem- Sec. 302. Application of extended amortiza- Sec. 254. Election to expense mine safety ployment compensation with tion period to plans subject to equipment. regular compensation. Sec. 255. Special expensing rules for certain prior law funding rules. Sec. 303. Suspension of certain funding level Sec. 503. Extension of the Emergency Con- film and television productions. limitations. tingency Fund. Sec. 256. Expensing of environmental reme- Sec. 304. Lookback for credit balance rule. Subtitle B—Health Provisions diation costs. Sec. 305. Information reporting. Sec. 511. Extension of section 508 reclassi- Sec. 257. Deduction allowable with respect Sec. 306. Rollover of amounts received in to income attributable to do- fications. airline carrier bankruptcy. Sec. 512. Repeal of delay of RUG-IV. mestic production activities in Sec. 513. Limitation on reasonable costs Puerto Rico. Subtitle B—Multiemployer Plans payments for certain clinical Sec. 258. Modification of tax treatment of Sec. 311. Optional use of 30-year amortiza- diagnostic laboratory tests fur- certain payments to controlling tion periods. nished to hospital patients in exempt organizations. Sec. 312. Optional longer recovery periods Sec. 259. Exclusion of gain or loss on sale or for multiemployer plans in en- certain rural areas. Sec. 514. Funding for claims reprocessing. exchange of certain brownfield dangered or critical status. Sec. 515. Medicaid and CHIP technical cor- sites from unrelated business Sec. 313. Modification of certain amortiza- rections. income. tion extensions under prior law. Sec. 516. Addition of inpatient drug discount Sec. 260. Timber REIT modernization. Sec. 314. Alternative default schedule for program to 340B drug discount Sec. 261. Treatment of certain dividends of plans in endangered or critical program. regulated investment compa- status. Sec. 517. Continued inclusion of orphan nies. Sec. 315. Transition rule for certifications of drugs in definition of covered Sec. 262. RIC qualified investment entity plan status. outpatient drugs with respect treatment under FIRPTA. TITLE IV—REVENUE OFFSETS to children’s hospitals under Sec. 263. Exceptions for active financing in- Subtitle A—Foreign Provisions come. the 340B drug discount pro- Sec. 401. Rules to prevent splitting foreign gram. Sec. 264. Look-thru treatment of payments tax credits from the income to between related controlled for- Sec. 518. Conforming amendment related to which they relate. waiver of coinsurance for pre- eign corporations under foreign Sec. 402. Denial of foreign tax credit with re- personal holding company ventive services. spect to foreign income not Sec. 519. Establish a CMS–IRS data match rules. subject to United States tax- to identify fraudulent pro- Sec. 265. Basis adjustment to stock of S ation by reason of covered asset corps making charitable con- viders. acquisitions. Sec. 520. Clarification of effective date of tributions of property. Sec. 403. Separate application of foreign tax part B special enrollment pe- Sec. 266. Empowerment zone tax incentives. credit limitation, etc., to items Sec. 267. Tax incentives for investment in riod for disabled TRICARE resourced under treaties. beneficiaries. the District of Columbia. Sec. 404. Limitation on the amount of for- Sec. 268. Renewal community tax incen- Sec. 521. Physician payment update. eign taxes deemed paid with re- Sec. 522. Adjustment to Medicare payment tives. spect to section 956 inclusions. Sec. 269. Temporary increase in limit on localities. Sec. 405. Special rule with respect to certain Sec. 523. Clarification of 3-day payment win- cover over of rum excise taxes redemptions by foreign subsidi- to Puerto Rico and the Virgin dow. aries. Sec. 524. Extension of ARRA increase in Islands. Sec. 406. Modification of affiliation rules for FMAP. Sec. 270. Payment to American Samoa in purposes of rules allocating in- lieu of extension of economic terest expense. TITLE VI—OTHER PROVISIONS development credit. Sec. 407. Termination of special rules for in- Sec. 601. Extension of national flood insur- Sec. 271. Election to temporarily utilize un- terest and dividends received ance program. used AMT credits determined from persons meeting the 80- Sec. 602. Allocation of geothermal receipts. by domestic investment. percent foreign business re- Sec. 603. Small business loan guarantee en- Sec. 272. Study of extended tax expendi- quirements. hancement extensions. tures. Sec. 408. Source rules for income on guaran- Sec. 604. Emergency agricultural disaster Subtitle D—Temporary Disaster Relief tees. assistance. Provisions Sec. 409. Limitation on extension of statute Sec. 605. Summer employment for youth. Sec. 606. Housing Trust Fund. PART I—NATIONAL DISASTER RELIEF of limitations for failure to notify Secretary of certain for- Sec. 607. The Individual Indian Money Ac- Sec. 281. Waiver of certain mortgage rev- eign transfers. count Litigation Settlement enue bond requirements. Act of 2010. Sec. 282. Losses attributable to federally de- Subtitle B—Personal Service Income Earned in Pass-thru Entities Sec. 608. Appropriation of funds for final set- clared disasters. tlement of claims from In re Sec. 283. Special depreciation allowance for Sec. 411. Partnership interests transferred in Black Farmers Discrimination qualified disaster property. connection with performance of Litigation. Sec. 284. Net operating losses attributable to services. Sec. 609. Expansion of eligibility for concur- federally declared disasters. Sec. 412. Income of partners for performing rent receipt of military retired Sec. 285. Expensing of qualified disaster ex- investment management serv- pay and veterans’ disability penses. ices treated as ordinary income compensation to include all received for performance of PART II—REGIONAL PROVISIONS chapter 61 disability retirees re- services. gardless of disability rating SUBPART A—NEW YORK LIBERTY ZONE Sec. 413. Employment tax treatment of pro- percentage or years of service. Sec. 291. Special depreciation allowance for fessional service businesses. Sec. 610. Extension of use of 2009 poverty nonresidential and residential Subtitle C—Corporate Provisions guidelines. real property. Sec. 421. Treatment of securities of a con- Sec. 611. Refunds disregarded in the admin- Sec. 292. Tax-exempt bond financing. trolled corporation exchanged istration of Federal programs SUBPART B—GO ZONE for assets in certain reorganiza- and federally assisted pro- Sec. 295. Increase in rehabilitation credit. tions. grams.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4662 CONGRESSIONAL RECORD — SENATE June 8, 2010 Sec. 612. State court improvement program. average maturity shall be determined in ac- ensure that no State (prior to any reduction Sec. 613. Qualifying timber contract options. cordance with section 147(b)(2)(A).’’. under paragraph (3)) receives less than 0.9 Sec. 614. Extension and flexibility for cer- (e) CLARIFICATION RELATED TO LEVEES AND percent of the 2010 national recovery zone tain allocated surface transpor- FLOOD CONTROL PROJECTS.—Subparagraph economic development bond limitation and tation programs. (A) of section 54AA(g)(2) is amended by in- 0.9 percent of the 2010 national recovery zone Sec. 615. Community College and Career serting ‘‘(including capital expenditures for facility bond limitation. Training Grant Program. levees and other flood control projects)’’ ‘‘(3) ALLOCATIONS BY STATES.— Sec. 616. Extensions of duty suspensions on after ‘‘capital expenditures’’. ‘‘(A) IN GENERAL.—Each State with respect cotton shirting fabrics and re- SEC. 102. EXEMPT-FACILITY BONDS FOR SEWAGE to which an allocation is made under para- lated provisions. AND WATER SUPPLY FACILITIES. graph (1) shall reallocate such allocation Sec. 617. Modification of Wool Apparel Man- (a) BONDS FOR WATER AND SEWAGE FACILI- among the counties and large municipalities ufacturers Trust Fund. TIES EXEMPT FROM VOLUME CAP ON PRIVATE (as defined in subsection (a)(3)(B)) in such Sec. 618. Department of Commerce Study. State in the proportion that each such coun- Sec. 619. ARRA planning and reporting. ACTIVITY BONDS.— Sec. 620. Amendment of Travel Promotion (1) IN GENERAL.—Paragraph (3) of section ty’s or municipality’s 2009 unemployment Act of 2009. 146(g) is amended by inserting ‘‘(4), (5),’’ after number bears to the aggregate of the 2009 un- ‘‘(2),’’. employment numbers for all the counties TITLE VII—BUDGETARY PROVISIONS (2) CONFORMING AMENDMENT.—Paragraphs and large municipalities (as so defined) in Sec. 701. Budgetary provisions. (2) and (3)(B) of section 146(k) are both such State. TITLE I—INFRASTRUCTURE INCENTIVES amended by striking ‘‘(4), (5), (6),’’ and in- ‘‘(B) 2010 ALLOCATION REDUCED BY AMOUNT SEC. 101. EXTENSION OF BUILD AMERICA BONDS. serting ‘‘(6)’’. OF PREVIOUS ALLOCATION.—Each State shall (a) IN GENERAL.—Subparagraph (B) of sec- (b) TAX-EXEMPT ISSUANCE BY INDIAN TRIBAL reduce (but not below zero)— tion 54AA(d)(1) is amended by striking ‘‘Jan- GOVERNMENTS.— ‘‘(i) the amount of the 2010 national recov- uary 1, 2011’’ and inserting ‘‘January 1, 2013’’. (1) IN GENERAL.—Subsection (c) of section ery zone economic development bond limita- (b) EXTENSION OF PAYMENTS TO ISSUERS.— 7871 is amended by adding at the end the fol- tion allocated to each county or large mu- (1) IN GENERAL.—Section 6431 is amended— lowing new paragraph: nicipality (as so defined) in such State by (A) by striking ‘‘January 1, 2011’’ in sub- ‘‘(4) EXCEPTION FOR BONDS FOR WATER AND the amount of the national recovery zone section (a) and inserting ‘‘January 1, 2013’’; SEWAGE FACILITIES.—Paragraph (2) shall not economic development bond limitation allo- and apply to an exempt facility bond 95 percent cated to such county or large municipality (B) by striking ‘‘January 1, 2011’’ in sub- or more of the net proceeds (as defined in under subsection (a)(3)(A) (determined with- section (f)(1)(B) and inserting ‘‘a particular section 150(a)(3)) of which are to be used to out regard to any waiver thereof), and date’’. provide facilities described in paragraph (4) ‘‘(ii) the amount of the 2010 national recov- (2) CONFORMING AMENDMENTS.—Subsection or (5) of section 142(a).’’. ery zone facility bond limitation allocated to (g) of section 54AA is amended— (2) CONFORMING AMENDMENT.—Paragraph each county or large municipality (as so de- (A) by striking ‘‘January 1, 2011’’ and in- (2) of section 7871(c) is amended by striking fined) in such State by the amount of the na- serting ‘‘January 1, 2013’’; and ‘‘paragraph (3)’’ and inserting ‘‘paragraphs tional recovery zone facility bond limitation (B) by striking ‘‘QUALIFIED BONDS ISSUED (3) and (4)’’. allocated to such county or large munici- BEFORE 2011’’ in the heading and inserting (c) EFFECTIVE DATE.—The amendments pality under subsection (a)(3)(A) (determined ‘‘CERTAIN QUALIFIED BONDS’’. made by this section shall apply to obliga- without regard to any waiver thereof). (c) REDUCTION IN PERCENTAGE OF PAYMENTS tions issued after the date of the enactment ‘‘(C) WAIVER OF SUBALLOCATIONS.—A coun- TO ISSUERS.—Subsection (b) of section 6431 is of this Act. ty or municipality may waive any portion of amended— SEC. 103. EXTENSION OF EXEMPTION FROM AL- an allocation made under this paragraph. A (1) by striking ‘‘The Secretary’’ and insert- TERNATIVE MINIMUM TAX TREAT- county or municipality shall be treated as ing the following: MENT FOR CERTAIN TAX-EXEMPT having waived any portion of an allocation ‘‘(1) IN GENERAL.—The Secretary’’; BONDS. made under this paragraph which has not (2) by striking ‘‘35 percent’’ and inserting (a) IN GENERAL.—Clause (vi) of section been allocated to a bond issued before May 1, ‘‘the applicable percentage’’; and 57(a)(5)(C) is amended— 2011. Any allocation waived (or treated as (3) by adding at the end the following new (1) by striking ‘‘January 1, 2011’’ in sub- waived) under this subparagraph may be paragraph: clause (I) and inserting ‘‘January 1, 2012’’; used or reallocated by the State. ‘‘(2) APPLICABLE PERCENTAGE.—For pur- and ‘‘(D) SPECIAL RULE FOR A MUNICIPALITY IN A poses of this subsection, the term ‘applicable (2) by striking ‘‘AND 2010’’ in the heading COUNTY.—In the case of any large munici- percentage’ means the percentage deter- and inserting ‘‘, 2010, AND 2011’’. pality any portion of which is in a county, mined in accordance with the following (b) ADJUSTED CURRENT EARNINGS.—Clause such portion shall be treated as part of such table: (iv) of section 56(g)(4)(B) is amended— municipality and not part of such county. (1) by striking ‘‘January 1, 2011’’ in sub- ‘‘(4) 2009 UNEMPLOYMENT NUMBER.—For pur- ‘‘In the case of a qualified bond The applicable clause (I) and inserting ‘‘January 1, 2012’’; poses of this subsection, the term ‘2009 un- issued during calendar year: percentage is: and employment number’ means, with respect to 2009 or 2010 ...... 35 percent (2) by striking ‘‘AND 2010’’ in the heading any State, county or municipality, the num- 2011 ...... 32 percent and inserting ‘‘, 2010, AND 2011’’. ber of individuals in such State, county, or 2012 ...... 30 percent’’. (c) EFFECTIVE DATE.—The amendments municipality who were determined to be un- made by this section shall apply to obliga- employed by the Bureau of Labor Statistics (d) CURRENT REFUNDINGS PERMITTED.—Sub- tions issued after December 31, 2010. for December 2009. section (g) of section 54AA is amended by SEC. 104. EXTENSION AND ADDITIONAL ALLOCA- ‘‘(5) 2010 NATIONAL LIMITATIONS.— adding at the end the following new para- TIONS OF RECOVERY ZONE BOND ‘‘(A) RECOVERY ZONE ECONOMIC DEVELOP- graph: AUTHORITY. MENT BONDS.—The 2010 national recovery ‘‘(3) TREATMENT OF CURRENT REFUNDING (a) EXTENSION OF RECOVERY ZONE BOND AU- zone economic development bond limitation BONDS.— THORITY.—Section 1400U–2(b)(1) and section is $10,000,000,000. Any allocation of such limi- ‘‘(A) IN GENERAL.—For purposes of this sub- 1400U–3(b)(1)(B) are each amended by strik- tation under this subsection shall be treated section, the term ‘qualified bond’ includes ing ‘‘January 1, 2011’’ and inserting ‘‘January for purposes of section 1400U–2 in the same any bond (or series of bonds) issued to refund 1, 2012’’. manner as an allocation of national recovery a qualified bond if— (b) ADDITIONAL ALLOCATIONS OF RECOVERY zone economic development bond limitation. ‘‘(i) the average maturity date of the issue ZONE BOND AUTHORITY BASED ON UNEMPLOY- ‘‘(B) RECOVERY ZONE FACILITY BONDS.—The of which the refunding bond is a part is not MENT.—Section 1400U–1 is amended by adding 2010 national recovery zone facility bond later than the average maturity date of the at the end the following new subsection: limitation is $15,000,000,000. Any allocation of bonds to be refunded by such issue, ‘‘(c) ALLOCATION OF 2010 RECOVERY ZONE such limitation under this subsection shall ‘‘(ii) the amount of the refunding bond does BOND LIMITATIONS BASED ON UNEMPLOY- be treated for purposes of section 1400U–3 in not exceed the outstanding amount of the re- MENT.— the same manner as an allocation of national funded bond, and ‘‘(1) IN GENERAL.—The Secretary shall allo- recovery zone facility bond limitation.’’. ‘‘(iii) the refunded bond is redeemed not cate the 2010 national recovery zone eco- (c) AUTHORITY OF STATE TO WAIVE CERTAIN later than 90 days after the date of the nomic development bond limitation and the 2009 ALLOCATIONS.—Subparagraph (A) of sec- issuance of the refunding bond. 2010 national recovery zone facility bond tion 1400U–1(a)(3) is amended by adding at ‘‘(B) APPLICABLE PERCENTAGE.—In the case limitation among the States in the propor- the end the following: ‘‘A county or munici- of a refunding bond referred to in subpara- tion that each such State’s 2009 unemploy- pality shall be treated as having waived any graph (A), the applicable percentage with re- ment number bears to the aggregate of the portion of an allocation made under this sub- spect to such bond under section 6431(b) shall 2009 unemployment numbers for all of the paragraph which has not been allocated to a be the lowest percentage specified in para- States. bond issued before May 1, 2011. Any alloca- graph (2) of such section. ‘‘(2) MINIMUM ALLOCATION.—The Secretary tion waived (or treated as waived) under this ‘‘(C) DETERMINATION OF AVERAGE MATU- shall adjust the allocations under paragraph subparagraph may be used or reallocated by RITY.—For purposes of subparagraph (A)(i), (1) for each State to the extent necessary to the State.’’.

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SEC. 105. ALLOWANCE OF NEW MARKETS TAX (b) EFFECTIVE DATE.—The amendment SEC. 205. CREDIT FOR PRODUCING FUEL FROM CREDIT AGAINST ALTERNATIVE MIN- made by this section shall apply to elec- COKE OR COKE GAS. IMUM TAX. tricity produced and sold after December 31, (a) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Subparagraph (B) of sec- 2009. 45K(g) is amended by striking ‘‘January 1, tion 38(c)(4), as amended by the Patient Pro- 2010’’ and inserting ‘‘January 1, 2011’’. tection and Affordable Care Act, is amended SEC. 204. EXTENSION AND MODIFICATION OF (b) EFFECTIVE DATE.—The amendment by redesignating clauses (v) through (ix) as CREDIT FOR STEEL INDUSTRY FUEL. made by this section shall apply to facilities clauses (vi) through (x), respectively, and by placed in service after December 31, 2009. (a) CREDIT PERIOD.— inserting after clause (iv) the following new SEC. 206. NEW ENERGY EFFICIENT HOME CREDIT. (1) IN GENERAL.—Subclause (II) of section clause: 45(e)(8)(D)(ii) is amended to read as follows: (a) IN GENERAL.—Subsection (g) of section ‘‘(v) the credit determined under section 45L is amended by striking ‘‘December 31, ‘‘(II) CREDIT PERIOD.—In lieu of the 10-year 45D, but only with respect to credits deter- period referred to in clauses (i) and (ii)(II) of 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendment mined with respect to qualified equity in- subparagraph (A), the credit period shall be made by this section shall apply to homes vestments (as defined in section 45D(b)) ini- the period beginning on the date that the fa- acquired after December 31, 2009. tially made before January 1, 2012,’’. cility first produces steel industry fuel that (b) EFFECTIVE DATE.—The amendments SEC. 207. EXCISE TAX CREDITS AND OUTLAY PAY- is sold to an unrelated person after Sep- made by this section shall apply to credits MENTS FOR ALTERNATIVE FUEL tember 30, 2008, and ending 2 years after such determined with respect to qualified equity AND ALTERNATIVE FUEL MIXTURES. date.’’. investments (as defined in section 45D(b) of (a) ALTERNATIVE FUEL CREDIT.—Paragraph (2) CONFORMING AMENDMENT.—Section the Internal Revenue Code of 1986) initially (5) of section 6426(d) is amended by striking 45(e)(8)(D) is amended by striking clause (iii) made after March 15, 2010. ‘‘after December 31, 2009’’ and all that fol- and by redesignating clause (iv) as clause lows and inserting ‘‘after— SEC. 106. EXTENSION OF TAX-EXEMPT ELIGI- (iii). BILITY FOR LOANS GUARANTEED BY ‘‘(A) September 30, 2014, in the case of liq- FEDERAL HOME LOAN BANKS. (b) EXTENSION OF PLACED-IN-SERVICE uefied hydrogen, Clause (iv) of section 149(b)(3)(A) is amend- DATE.—Subparagraph (A) of section 45(d)(8) ‘‘(B) December 31, 2010, in the case of fuels ed by striking ‘‘December 31, 2010’’ and in- is amended— described in subparagraph (A), (C), (F), or (G) serting ‘‘December 31, 2011’’. (1) by striking ‘‘(or any modification to a of paragraph (2), and SEC. 107. EXTENSION OF TEMPORARY SMALL facility)’’; and ‘‘(C) December 31, 2009, in any other case.’’. ISSUER RULES FOR ALLOCATION OF (2) by inserting ‘‘or after the date of the (b) ALTERNATIVE FUEL MIXTURE CREDIT.— TAX-EXEMPT INTEREST EXPENSE BY enactment of the American Jobs and Closing Paragraph (3) of section 6426(e) is amended FINANCIAL INSTITUTIONS. Tax Loopholes Act of 2010 and before Janu- by striking ‘‘after December 31, 2009’’ and all (a) IN GENERAL.—Clauses (i), (ii), and (iii) ary 1, 2011,’’ after ‘‘2010,’’. that follows and inserting ‘‘after— of section 265(b)(3)(G) are each amended by ‘‘(A) September 30, 2014, in the case of liq- striking ‘‘or 2010’’ and inserting ‘‘, 2010, or (c) CLARIFICATIONS.— uefied hydrogen, 2011’’. (1) STEEL INDUSTRY FUEL.—Subclause (I) of ‘‘(B) December 31, 2010, in the case of fuels (b) CONFORMING AMENDMENT.—Subpara- section 45(c)(7)(C)(i) is amended by inserting described in subparagraph (A), (C), (F), or (G) graph (G) of section 265(b)(3) is amended by ‘‘, a blend of coal and petroleum coke, or of subsection (d)(2), and striking ‘‘AND 2010’’ in the heading and insert- other coke feedstock’’ after ‘‘on coal’’. ‘‘(C) December 31, 2009, in any other case.’’. ing ‘‘, 2010, AND 2011’’. (2) OWNERSHIP INTEREST.—Section 45(d)(8) (c) PAYMENT AUTHORITY.— (c) EFFECTIVE DATE.—The amendments is amended by adding at the end the fol- (1) IN GENERAL.—Paragraph (6) of section made by this section shall apply to obliga- lowing new flush sentence: 6427(e) is amended by striking ‘‘and’’ at the tions issued after December 31, 2010. ‘‘With respect to a facility producing steel end of subparagraph (C), by striking the pe- TITLE II—EXTENSION OF EXPIRING industry fuel, no person (including a ground riod at the end of subparagraph (D) and in- PROVISIONS lessor, customer, supplier, or technology li- serting ‘‘, and’’, and by adding at the end the Subtitle A—Energy censor) shall be treated as having an owner- following new subparagraph: SEC. 201. ALTERNATIVE MOTOR VEHICLE CREDIT ship interest in the facility or as otherwise ‘‘(E) any alternative fuel or alternative FOR NEW QUALIFIED HYBRID entitled to the credit allowable under sub- fuel mixture (as so defined) involving fuel de- MOTOR VEHICLES OTHER THAN PAS- section (a) with respect to such facility if scribed in subparagraph (A), (C), (F), or (G) SENGER AUTOMOBILES AND LIGHT such person’s rent, license fee, or other enti- of section 6426(d)(2) sold or used after Decem- TRUCKS. tlement to net payments from the owner of ber 31, 2010.’’. (a) IN GENERAL.—Paragraph (3) of section such facility is measured by a fixed dollar (2) CONFORMING AMENDMENT.—Subpara- 30B(k) is amended by striking ‘‘December 31, amount or a fixed amount per ton, or other- graph (C) of section 6427(e)(6) is amended by 2009’’ and inserting ‘‘December 31, 2010’’. wise determined without regard to the profit inserting ‘‘or (E)’’ after ‘‘subparagraph (D)’’. (b) EFFECTIVE DATE.—The amendment or loss of such facility.’’. (d) EXCLUSION OF BLACK LIQUOR FROM made by this section shall apply to property (3) PRODUCTION AND SALE.—Subparagraph CREDIT ELIGIBILITY.—The last sentence of purchased after December 31, 2009. (D) of section 45(e)(8), as amended by subsection 6426(d)(2) is amended by striking ‘‘or SEC. 202. INCENTIVES FOR BIODIESEL AND RE- section (a)(2), is amended by redesignating biodiesel’’ and inserting ‘‘biodiesel, or any NEWABLE DIESEL. clause (iii) as clause (iv) and by inserting fuel (including lignin, wood residues, or (a) CREDITS FOR BIODIESEL AND RENEWABLE after clause (ii) the following new clause: spent pulping liquors) derived from the pro- DIESEL USED AS FUEL.—Subsection (g) of sec- ‘‘(iii) PRODUCTION AND SALE.—The owner of duction of paper or pulp’’. tion 40A is amended by striking ‘‘December (e) EFFECTIVE DATE.—The amendments 31, 2009’’ and inserting ‘‘December 31, 2010’’. a facility producing steel industry fuel shall be treated as producing and selling steel in- made by this section shall apply to fuel sold (b) EXCISE TAX CREDITS AND OUTLAY PAY- or used after December 31, 2009. MENTS FOR BIODIESEL AND RENEWABLE DIESEL dustry fuel where that owner manufactures such steel industry fuel from coal, a blend of SEC. 208. SPECIAL RULE FOR SALES OR DISPOSI- FUEL MIXTURES.— TIONS TO IMPLEMENT FERC OR (1) Paragraph (6) of section 6426(c) is coal and petroleum coke, or other coke feed- STATE ELECTRIC RESTRUCTURING amended by striking ‘‘December 31, 2009’’ and stock to which it has title. The sale of such POLICY FOR QUALIFIED ELECTRIC inserting ‘‘December 31, 2010’’. steel industry fuel by the owner of the facil- UTILITIES. (2) Subparagraph (B) of section 6427(e)(6) is ity to a person who is not the owner of the (a) IN GENERAL.—Paragraph (3) of section amended by striking ‘‘December 31, 2009’’ and facility shall not fail to qualify as a sale to 451(i) is amended by striking ‘‘January 1, inserting ‘‘December 31, 2010’’. an unrelated person solely because such pur- 2010’’ and inserting ‘‘January 1, 2011’’. (c) EFFECTIVE DATE.—The amendments chaser may also be a ground lessor, supplier, (b) MODIFICATION OF DEFINITION OF INDE- made by this section shall apply to fuel sold or customer.’’. PENDENT TRANSMISSION COMPANY.— (1) IN GENERAL.—Clause (i) of section or used after December 31, 2009. (d) SPECIFIED CREDIT FOR PURPOSES OF AL- 451(i)(4)(B) is amended to read as follows: SEC. 203. CREDIT FOR ELECTRICITY PRODUCED TERNATIVE MINIMUM TAX EXCLUSION.—Sub- ‘‘(i) who the Federal Energy Regulatory AT CERTAIN OPEN-LOOP BIOMASS clause (II) of section 38(c)(4)(B)(iii) is amend- FACILITIES. Commission determines in its authorization ed by inserting ‘‘(in the case of a refined coal (a) IN GENERAL.—Clause (ii) of section of the transaction under section 203 of the production facility producing steel industry 45(b)(4)(B) is amended— Federal Power Act (16 U.S.C. 824b) or by de- fuel, during the credit period set forth in sec- (1) by striking ‘‘5-year period’’ and insert- claratory order— ing ‘‘6-year period’’; and tion 45(e)(8)(D)(ii)(II))’’ after ‘‘service’’. ‘‘(I) is not itself a market participant as (2) by adding at the end the following: ‘‘In (e) EFFECTIVE DATES.— determined by the Commission, and also is the case of the last year of the 6-year period (1) IN GENERAL.—The amendments made by not controlled by any such market partici- described in the preceding sentence, the subsections (a), (b), and (d) shall take effect pant, or credit determined under subsection (a) with on the date of the enactment of this Act. ‘‘(II) to be independent from market par- respect to electricity produced during such (2) CLARIFICATIONS.—The amendments ticipants or to be an independent trans- year shall not exceed 80 percent of such cred- made by subsection (c) shall take effect as if mission company within the meaning of such it determined without regard to this sen- included in the amendments made by the En- Commission’s rules applicable to inde- tence.’’. ergy Improvement and Extension Act of 2008. pendent transmission providers, and’’.

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(2) RELATED PERSONS.—Paragraph (4) of SEC. 222. ADDITIONAL STANDARD DEDUCTION ‘‘(1) IN GENERAL.—The housing credit agen- section 451(i) is amended by adding at the FOR STATE AND LOCAL REAL PROP- cy of each State shall be allowed a credit in end the following flush sentence: ERTY TAXES. an amount equal to such State’s 2010 low-in- (a) IN GENERAL.—Subparagraph (C) of sec- ‘‘For purposes of subparagraph (B)(i)(I), a come housing refundable credit election tion 63(c)(1) is amended by striking ‘‘or 2009’’ person shall be treated as controlled by an- amount, which shall be payable by the Sec- and inserting ‘‘2009, or 2010’’. other person if such persons would be treated retary as provided in paragraph (5). (b) EFFECTIVE DATE.—The amendment as a single employer under section 52.’’. ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE made by this section shall apply to taxable (c) EFFECTIVE DATE.— CREDIT ELECTION AMOUNT.—For purposes of years beginning after December 31, 2009. (1) IN GENERAL.—The amendment made by this subsection, the term ‘2010 low-income subsection (a) shall apply to dispositions SEC. 223. DEDUCTION OF STATE AND LOCAL housing refundable credit election amount’ after December 31, 2009. SALES TAXES. means, with respect to any State, such (2) MODIFICATIONS.—The amendments made (a) IN GENERAL.—Subparagraph (I) of sec- amount as the State may elect which does by subsection (b) shall apply to dispositions tion 164(b)(5) is amended by striking ‘‘Janu- not exceed 85 percent of the product of— after the date of the enactment of this Act. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(A) the sum of— FFECTIVE ATE SEC. 209. SUSPENSION OF LIMITATION ON PER- (b) E D .—The amendment ‘‘(i) 100 percent of the State housing credit CENTAGE DEPLETION FOR OIL AND made by this section shall apply to taxable ceiling for 2010 which is attributable to GAS FROM MARGINAL WELLS. years beginning after December 31, 2009. amounts described in clauses (i) and (iii) of (a) IN GENERAL.—Clause (ii) of section SEC. 224. CONTRIBUTIONS OF CAPITAL GAIN subsection (h)(3)(C), and 613A(c)(6)(H) is amended by striking ‘‘Janu- REAL PROPERTY MADE FOR CON- ‘‘(ii) 40 percent of the State housing credit ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. SERVATION PURPOSES. ceiling for 2010 which is attributable to (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Clause (vi) of section amounts described in clauses (ii) and (iv) of made by this section shall apply to taxable 170(b)(1)(E) is amended by striking ‘‘Decem- such subsection, multiplied by years beginning after December 31, 2009. ber 31, 2009’’ and inserting ‘‘December 31, ‘‘(B) 10. SEC. 210. DIRECT PAYMENT OF ENERGY EFFI- 2010’’. ‘‘(3) COORDINATION WITH NON-REFUNDABLE CIENT APPLIANCES TAX CREDIT. (b) CONTRIBUTIONS BY CERTAIN CORPORATE CREDIT.—For purposes of this section, the In the case of any taxable year which in- FARMERS AND RANCHERS.—Clause (iii) of sec- amounts described in clauses (i) through (iv) cludes the last day of calendar year 2009 or tion 170(b)(2)(B) is amended by striking ‘‘De- of subsection (h)(3)(C) with respect to any calendar year 2010, a taxpayer who elects to cember 31, 2009’’ and inserting ‘‘December 31, State for 2010 shall each be reduced by so waive the credit which would otherwise be 2010’’. much of such amount as is taken into ac- determined with respect to the taxpayer (c) EFFECTIVE DATE.—The amendments count in determining the amount of the under section 45M of the Internal Revenue made by this section shall apply to contribu- credit allowed with respect to such State Code of 1986 for such taxable year shall be tions made in taxable years beginning after under paragraph (1). treated as making a payment against the tax December 31, 2009. ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a imposed under subtitle A of such Code for SEC. 225. ABOVE-THE-LINE DEDUCTION FOR such taxable year in an amount equal to 85 qualified low-income building shall not be QUALIFIED TUITION AND RELATED reduced by the amount of any payment made percent of the amount of the credit which EXPENSES. under this subsection. would otherwise be so determined. Such pay- (a) IN GENERAL.—Subsection (e) of section ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE ment shall be treated as made on the later of 222 is amended by striking ‘‘December 31, LOW-INCOME BUILDINGS.—The Secretary shall the due date of the return of such tax or the 2009’’ and inserting ‘‘December 31, 2010’’. pay to the housing credit agency of each date on which such return is filed. Elections (b) EFFECTIVE DATE.—The amendment under this section may be made separately made by this section shall apply to taxable State an amount equal to the credit allowed for 2009 and 2010, but once made shall be ir- years beginning after December 31, 2009. under paragraph (1). Rules similar to the rules of subsections (c) and (d) of section 1602 revocable. No amount shall be includible in (c) TEMPORARY COORDINATION WITH HOPE of the American Recovery and Reinvestment gross income or alternative minimum tax- AND LIFETIME LEARNING CREDITS.—In the able income by reason of this section. case of any taxpayer for any taxable year be- Tax Act of 2009 shall apply with respect to SEC. 211. MODIFICATION OF STANDARDS FOR ginning in 2010, no deduction shall be allowed any payment made under this paragraph, ex- WINDOWS, DOORS, AND SKYLIGHTS under section 222 of the Internal Revenue cept that such subsection (d) shall be applied WITH RESPECT TO THE CREDIT FOR by substituting ‘January 1, 2012’ for ‘January NONBUSINESS ENERGY PROPERTY. Code of 1986 if— (1) the taxpayer’s net Federal income tax 1, 2011’.’’. (a) IN GENERAL.—Paragraph (4) of section (b) CONFORMING AMENDMENT.—Section 25C(c) is amended by striking ‘‘unless’’ and reduction which would be attributable to such deduction for such taxable year, is less 1324(b)(2) of title 31, United States Code, is all that follows and inserting ‘‘unless— amended by inserting ‘‘42(n),’’ after ‘‘36C,’’. ‘‘(A) in the case of any component placed than in service after the date which is 90 days (2) the credit which would be allowed to Subtitle C—Business Tax Relief after the date of the enactment of the Amer- the taxpayer for such taxable year under sec- SEC. 241. RESEARCH CREDIT. ican Jobs and Closing Tax Loopholes Act of tion 25A of such Code (determined without (a) IN GENERAL.—Subparagraph (B) of sec- 2010, such component meets the criteria for regard to sections 25A(e) and 26 of such tion 41(h)(1) is amended by striking ‘‘Decem- such components established by the 2010 En- Code). ber 31, 2009’’ and inserting ‘‘December 31, ergy Star Program Requirements for Resi- SEC. 226. TAX-FREE DISTRIBUTIONS FROM INDI- 2010’’. dential Windows, Doors, and Skylights, VIDUAL RETIREMENT PLANS FOR (b) CONFORMING AMENDMENT.—Subpara- Version 5.0 (or any subsequent version of CHARITABLE PURPOSES. graph (D) of section 45C(b)(1) is amended by such requirements which is in effect after (a) IN GENERAL.—Subparagraph (F) of sec- striking ‘‘December 31, 2009’’ and inserting January 4, 2010), tion 408(d)(8) is amended by striking ‘‘De- ‘‘December 31, 2010’’. ‘‘(B) in the case of any component placed cember 31, 2009’’ and inserting ‘‘December 31, (c) EFFECTIVE DATE.—The amendments in service after the date of the enactment of 2010’’. made by this section shall apply to amounts the American Jobs and Closing Tax Loop- (b) EFFECTIVE DATE.—The amendment paid or incurred after December 31, 2009. made by this section shall apply to distribu- holes Act of 2010 and on or before the date SEC. 242. INDIAN EMPLOYMENT TAX CREDIT. which is 90 days after such date, such compo- tions made in taxable years beginning after (a) IN GENERAL.—Subsection (f) of section nent meets the criteria described in subpara- December 31, 2009. 45A is amended by striking ‘‘December 31, graph (A) or is equal to or below a U factor SEC. 227. LOOK-THRU OF CERTAIN REGULATED 2009’’ and inserting ‘‘December 31, 2010’’. of 0.30 and SHGC of 0.30, and INVESTMENT COMPANY STOCK IN (b) EFFECTIVE DATE.—The amendment ‘‘(C) in the case of any component which is DETERMINING GROSS ESTATE OF made by this section shall apply to taxable a garage door, such component is equal to or NONRESIDENTS. years beginning after December 31, 2009. below a U factor of 0.30 and SHGC of 0.30.’’. (a) IN GENERAL.—Paragraph (3) of section (b) EFFECTIVE DATE.—The amendment 2105(d) is amended by striking ‘‘December 31, SEC. 243. NEW MARKETS TAX CREDIT. made by this section shall apply to property 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Subparagraph (F) of sec- placed in service after the date of the enact- (b) EFFECTIVE DATE.—The amendment tion 45D(f)(1) is amended by inserting ‘‘and ment of this Act. made by this section shall apply to estates of 2010’’ after ‘‘2009’’. Subtitle B—Individual Tax Relief decedents dying after December 31, 2009. (b) CONFORMING AMENDMENT.—Paragraph (3) of section 45D(f) is amended by striking PART I—MISCELLANEOUS PROVISIONS PART II—LOW-INCOME HOUSING CREDITS ‘‘2014’’ and inserting ‘‘2015’’. SEC. 221. DEDUCTION FOR CERTAIN EXPENSES SEC. 231. ELECTION FOR DIRECT PAYMENT OF (c) EFFECTIVE DATE.—The amendments OF ELEMENTARY AND SECONDARY LOW-INCOME HOUSING CREDIT FOR SCHOOL TEACHERS. 2010. made by this section shall apply to calendar (a) IN GENERAL.—Subparagraph (D) of sec- (a) IN GENERAL.—Section 42 is amended by years beginning after 2009. tion 62(a)(2) is amended by striking ‘‘or 2009’’ redesignating subsection (n) as subsection SEC. 244. RAILROAD TRACK MAINTENANCE CRED- and inserting ‘‘2009, or 2010’’. (o) and by inserting after subsection (m) the IT. (b) EFFECTIVE DATE.—The amendment following new subsection: (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to taxable ‘‘(n) ELECTION FOR DIRECT PAYMENT OF 45G is amended by striking ‘‘January 1, 2010’’ years beginning after December 31, 2009. CREDIT.— and inserting ‘‘January 1, 2011’’.

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(b) EFFECTIVE DATE.—The amendment SEC. 251. ENHANCED CHARITABLE DEDUCTION (b) EFFECTIVE DATE.—The amendment made by this section shall apply to expendi- FOR CONTRIBUTIONS OF FOOD IN- made by this section shall apply to property tures paid or incurred in taxable years begin- VENTORY. acquired after December 31, 2009. ning after December 31, 2009. (a) IN GENERAL.—Clause (iv) of section SEC. 260. TIMBER REIT MODERNIZATION. 170(e)(3)(C) is amended by striking ‘‘Decem- SEC. 245. MINE RESCUE TEAM TRAINING CREDIT. (a) IN GENERAL.—Paragraph (8) of section ber 31, 2009’’ and inserting ‘‘December 31, 856(c) is amended by striking ‘‘means’’ and (a) IN GENERAL.—Subsection (e) of section 2010’’. all that follows and inserting ‘‘means De- 45N is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendment cember 31, 2010.’’. 2009’’ and inserting ‘‘December 31, 2010’’. made by this section shall apply to contribu- (b) CONFORMING AMENDMENTS.— (b) CREDIT ALLOWABLE AGAINST AMT.— tions made after December 31, 2009. (1) Subparagraph (I) of section 856(c)(2) is Subparagraph (B) of section 38(c)(4), as SEC. 252. ENHANCED CHARITABLE DEDUCTION amended by striking ‘‘the first taxable year amended by section 105, is amended— FOR CONTRIBUTIONS OF BOOK IN- beginning after the date of the enactment of (1) by redesignating clauses (vii) through VENTORIES TO PUBLIC SCHOOLS. this subparagraph’’ and inserting ‘‘a taxable (x) as clauses (viii) through (xi), respec- (a) IN GENERAL.—Clause (iv) of section year beginning on or before the termination tively; and 170(e)(3)(D) is amended by striking ‘‘Decem- date’’. (2) by inserting after clause (vi) the fol- ber 31, 2009’’ and inserting ‘‘December 31, (2) Clause (iii) of section 856(c)(5)(H) is lowing new clause: 2010’’. amended by inserting ‘‘in taxable years be- ‘‘(vii) the credit determined under section (b) EFFECTIVE DATE.—The amendment ginning’’ after ‘‘dispositions’’. 45N,’’. made by this section shall apply to contribu- (3) Clause (v) of section 857(b)(6)(D) is (c) EFFECTIVE DATE.— tions made after December 31, 2009. amended by inserting ‘‘in a taxable year be- (1) IN GENERAL.—Except as provided in SEC. 253. ENHANCED CHARITABLE DEDUCTION ginning’’ after ‘‘sale’’. paragraph (2), the amendments made by this FOR CORPORATE CONTRIBUTIONS (4) Subparagraph (G) of section 857(b)(6) is OF COMPUTER INVENTORY FOR section shall apply to taxable years begin- amended by inserting ‘‘in a taxable year be- ning after December 31, 2009. EDUCATIONAL PURPOSES. (a) IN GENERAL.—Subparagraph (G) of sec- ginning’’ after ‘‘In the case of a sale’’. (2) ALLOWANCE AGAINST AMT.—The amend- (c) EFFECTIVE DATE.—The amendments tion 170(e)(6) is amended by striking ‘‘De- ments made by subsection (b) shall apply to made by this section shall apply to taxable cember 31, 2009’’ and inserting ‘‘December 31, credits determined for taxable years begin- years ending after May 22, 2009. 2010’’. ning after December 31, 2009, and to SEC. 261. TREATMENT OF CERTAIN DIVIDENDS (b) EFFECTIVE DATE.—The amendment carrybacks of such credits. OF REGULATED INVESTMENT COM- made by this section shall apply to contribu- SEC. 246. EMPLOYER WAGE CREDIT FOR EMPLOY- PANIES. tions made in taxable years beginning after (a) IN GENERAL.—Paragraphs (1)(C) and EES WHO ARE ACTIVE DUTY MEM- December 31, 2009. BERS OF THE UNIFORMED SERV- (2)(C) of section 871(k) are each amended by ICES. SEC. 254. ELECTION TO EXPENSE MINE SAFETY striking ‘‘December 31, 2009’’ and inserting EQUIPMENT. (a) IN GENERAL.—Subsection (f) of section ‘‘December 31, 2010’’. (a) IN GENERAL.—Subsection (g) of section 45P is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendments 179E is amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. made by this section shall apply to taxable 2009’’ and inserting ‘‘December 31, 2010’’. years beginning after December 31, 2009. (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment SEC. 262. RIC QUALIFIED INVESTMENT ENTITY made by this section shall apply to payments made by this section shall apply to property made after December 31, 2009. TREATMENT UNDER FIRPTA. placed in service after December 31, 2009. (a) IN GENERAL.—Clause (ii) of section SEC. 247. 5-YEAR DEPRECIATION FOR FARMING SEC. 255. SPECIAL EXPENSING RULES FOR CER- 897(h)(4)(A) is amended by striking ‘‘Decem- BUSINESS MACHINERY AND EQUIP- TAIN FILM AND TELEVISION PRO- ber 31, 2009’’ and inserting ‘‘December 31, MENT. DUCTIONS. 2010’’. (a) IN GENERAL.—Clause (vii) of section (a) IN GENERAL.—Subsection (f) of section (b) EFFECTIVE DATE.— 168(e)(3)(B) is amended by striking ‘‘January 181 is amended by striking ‘‘December 31, (1) IN GENERAL.—The amendment made by 1, 2010’’ and inserting ‘‘January 1, 2011’’. 2009’’ and inserting ‘‘December 31, 2010’’. subsection (a) shall take effect on January 1, (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment 2010. Notwithstanding the preceding sen- made by this section shall apply to property made by this section shall apply to produc- tence, such amendment shall not apply with placed in service after December 31, 2009. tions commencing after December 31, 2009. respect to the withholding requirement SEC. 248. 15-YEAR STRAIGHT-LINE COST RECOV- SEC. 256. EXPENSING OF ENVIRONMENTAL REME- under section 1445 of the Internal Revenue ERY FOR QUALIFIED LEASEHOLD DIATION COSTS. Code of 1986 for any payment made before IMPROVEMENTS, QUALIFIED RES- (a) IN GENERAL.—Subsection (h) of section the date of the enactment of this Act. TAURANT BUILDINGS AND IMPROVE- 198 is amended by striking ‘‘December 31, (2) AMOUNTS WITHHELD ON OR BEFORE DATE MENTS, AND QUALIFIED RETAIL IM- 2009’’ and inserting ‘‘December 31, 2010’’. OF ENACTMENT.—In the case of a regulated in- PROVEMENTS. (b) EFFECTIVE DATE.—The amendment vestment company— (a) IN GENERAL.—Clauses (iv), (v), and (ix) made by this section shall apply to expendi- (A) which makes a distribution after De- of section 168(e)(3)(E) are each amended by tures paid or incurred after December 31, cember 31, 2009, and before the date of the en- striking ‘‘January 1, 2010’’ and inserting 2009. actment of this Act; and ‘‘January 1, 2011’’. SEC. 257. DEDUCTION ALLOWABLE WITH RE- (B) which would (but for the second sen- (b) CONFORMING AMENDMENTS.— SPECT TO INCOME ATTRIBUTABLE tence of paragraph (1)) have been required to (1) Clause (i) of section 168(e)(7)(A) is TO DOMESTIC PRODUCTION ACTIVI- withhold with respect to such distribution amended by striking ‘‘if such building is TIES IN PUERTO RICO. under section 1445 of such Code, placed in service after December 31, 2008, and (a) IN GENERAL.—Subparagraph (C) of sec- such investment company shall not be liable tion 199(d)(8) is amended— before January 1, 2010,’’. to any person to whom such distribution was (1) by striking ‘‘first 4 taxable years’’ and (2) Paragraph (8) of section 168(e) is amend- made for any amount so withheld and paid inserting ‘‘first 5 taxable years’’; and ed by striking subparagraph (E). over to the Secretary of the Treasury. FFECTIVE ATE (2) by striking ‘‘January 1, 2010’’ and in- (c) E D .—The amendments SEC. 263. EXCEPTIONS FOR ACTIVE FINANCING made by this section shall apply to property serting ‘‘January 1, 2011’’. INCOME. (b) EFFECTIVE DATE.—The amendments placed in service after December 31, 2009. (a) IN GENERAL.—Sections 953(e)(10) and made by this section shall apply to taxable SEC. 249. 7-YEAR RECOVERY PERIOD FOR MOTOR- 954(h)(9) are each amended by striking ‘‘Jan- SPORTS ENTERTAINMENT COM- years beginning after December 31, 2009. uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. PLEXES. SEC. 258. MODIFICATION OF TAX TREATMENT OF (b) CONFORMING AMENDMENT.—Section (a) IN GENERAL.—Subparagraph (D) of sec- CERTAIN PAYMENTS TO CONTROL- 953(e)(10) is amended by striking ‘‘December tion 168(i)(15) is amended by striking ‘‘De- LING EXEMPT ORGANIZATIONS. 31, 2009’’ and inserting ‘‘December 31, 2010’’. cember 31, 2009’’ and inserting ‘‘December 31, (a) IN GENERAL.—Clause (iv) of section (c) EFFECTIVE DATE.—The amendments 2010’’. 512(b)(13)(E) is amended by striking ‘‘Decem- made by this section shall apply to taxable ber 31, 2009’’ and inserting ‘‘December 31, (b) EFFECTIVE DATE.—The amendment years of foreign corporations beginning after 2010’’. made by this section shall apply to property December 31, 2009, and to taxable years of (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2009. United States shareholders with or within made by this section shall apply to payments which any such taxable year of such foreign SEC. 250. ACCELERATED DEPRECIATION FOR received or accrued after December 31, 2009. corporation ends. BUSINESS PROPERTY ON AN INDIAN SEC. 259. EXCLUSION OF GAIN OR LOSS ON SALE RESERVATION. SEC. 264. LOOK-THRU TREATMENT OF PAYMENTS OR EXCHANGE OF CERTAIN BETWEEN RELATED CONTROLLED (a) IN GENERAL.—Paragraph (8) of section BROWNFIELD SITES FROM UNRE- FOREIGN CORPORATIONS UNDER 168(j) is amended by striking ‘‘December 31, LATED BUSINESS INCOME. FOREIGN PERSONAL HOLDING COM- 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Subparagraph (K) of sec- PANY RULES. (b) EFFECTIVE DATE.—The amendment tion 512(b)(19) is amended by striking ‘‘De- (a) IN GENERAL.—Subparagraph (C) of sec- made by this section shall apply to property cember 31, 2009’’ and inserting ‘‘December 31, tion 954(c)(6) is amended by striking ‘‘Janu- placed in service after December 31, 2009. 2010’’. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’.

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(b) EFFECTIVE DATE.—The amendment (2) TAX-EXEMPT DC EMPOWERMENT ZONE SEC. 269. TEMPORARY INCREASE IN LIMIT ON made by this section shall apply to taxable BONDS.—The amendment made by subsection COVER OVER OF RUM EXCISE TAXES years of foreign corporations beginning after (b) shall apply to bonds issued after Decem- TO PUERTO RICO AND THE VIRGIN December 31, 2009, and to taxable years of ber 31, 2009. ISLANDS. (a) IN GENERAL.—Paragraph (1) of section United States shareholders with or within (3) ACQUISITION DATES FOR ZERO-PERCENT 7652(f) is amended by striking ‘‘January 1, which any such taxable year of such foreign CAPITAL GAINS RATE.—The amendments made 2010’’ and inserting ‘‘January 1, 2011’’. corporation ends. by subsection (c) shall apply to property ac- (b) EFFECTIVE DATE.—The amendment quired or substantially improved after De- SEC. 265. BASIS ADJUSTMENT TO STOCK OF S made by this section shall apply to distilled cember 31, 2009. CORPS MAKING CHARITABLE CON- spirits brought into the United States after TRIBUTIONS OF PROPERTY. (4) HOMEBUYER CREDIT.—The amendment December 31, 2009. (a) IN GENERAL.—Paragraph (2) of section made by subsection (d) shall apply to homes 1367(a) is amended by striking ‘‘December 31, purchased after December 31, 2009. SEC. 270. PAYMENT TO AMERICAN SAMOA IN LIEU OF EXTENSION OF ECONOMIC 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 268. RENEWAL COMMUNITY TAX INCEN- DEVELOPMENT CREDIT. (b) EFFECTIVE DATE.—The amendment TIVES. The Secretary of the Treasury (or his des- made by this section shall apply to contribu- ignee) shall pay $18,000,000 to the Govern- (a) IN GENERAL.—Subsection (b) of section tions made in taxable years beginning after ment of American Samoa for purposes of December 31, 2009. 1400E is amended— economic development. The payment made SEC. 266. EMPOWERMENT ZONE TAX INCENTIVES. (1) by striking ‘‘December 31, 2009’’ in para- under the preceding sentence shall be treated (a) IN GENERAL.—Section 1391 is amended— graphs (1)(A) and (3) and inserting ‘‘Decem- for purposes of section 1324 of title 31, United (1) by striking ‘‘December 31, 2009’’ in sub- ber 31, 2010’’; and States Code, as a refund of internal revenue section (d)(1)(A)(i) and inserting ‘‘December (2) by striking ‘‘January 1, 2010’’ in para- collections to which such section applies. graph (3) and inserting ‘‘January 1, 2011’’. 31, 2010’’; and SEC. 271. ELECTION TO TEMPORARILY UTILIZE (2) by striking the last sentence of sub- (b) ZERO-PERCENT CAPITAL GAINS RATE.— UNUSED AMT CREDITS DETERMINED section (h)(2). (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), BY DOMESTIC INVESTMENT. (b) INCREASED EXCLUSION OF GAIN ON STOCK (3)(A), (4)(A)(i), and (4)(B)(i) of section (a) IN GENERAL.—Section 53 is amended by OF EMPOWERMENT ZONE BUSINESSES.—Sub- 1400F(b) are each amended by striking ‘‘Jan- adding at the end the following new subparagraph (C) of section 1202(a)(2) is amend- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. section: ed— (2) LIMITATION ON PERIOD OF GAINS.—Para- ‘‘(g) ELECTION FOR CORPORATIONS WITH NEW (1) by striking ‘‘December 31, 2014’’ and in- graph (2) of section 1400F(c) is amended— DOMESTIC INVESTMENTS.— serting ‘‘December 31, 2015’’; and (A) by striking ‘‘December 31, 2014’’ and in- ‘‘(1) IN GENERAL.—If a corporation elects to (2) by striking ‘‘2014’’ in the heading and inserting ‘‘December 31, 2015’’; and have this subsection apply for its first tax- serting ‘‘2015’’. (B) by striking ‘‘2014’’ in the heading and in- able year beginning after December 31, 2009, (c) TREATMENT OF CERTAIN TERMINATION serting ‘‘2015’’. the limitation imposed by subsection (c) for DATES SPECIFIED IN NOMINATIONS.—In the (3) CLERICAL AMENDMENT.—Subsection (d) such taxable year shall be increased by the case of a designation of an empowerment of section 1400F is amended by striking ‘‘and AMT credit adjustment amount. zone the nomination for which included a ‘December 31, 2014’ for ‘December 31, 2014’ ’’. ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— termination date which is contemporaneous For purposes of paragraph (1), the term (c) COMMERCIAL REVITALIZATION DEDUC- with the date specified in subparagraph ‘AMT credit adjustment amount’ means, the (A)(i) of section 1391(d)(1) of the Internal TION.— lesser of— Revenue Code of 1986 (as in effect before the (1) IN GENERAL.—Subsection (g) of section ‘‘(A) 50 percent of a corporation’s min- enactment of this Act), subparagraph (B) of 1400I is amended by striking ‘‘December 31, imum tax credit for its first taxable year be- such section shall not apply with respect to 2009’’ and inserting ‘‘December 31, 2010’’. ginning after December 31, 2009, determined such designation unless, after the date of the (2) CONFORMING AMENDMENT.—Subpara- under subsection (b), or enactment of this section, the entity which graph (A) of section 1400I(d)(2) is amended by ‘‘(B) 10 percent of new domestic invest- made such nomination reconfirms such ter- striking ‘‘after 2001 and before 2010’’ and in- ments made during such taxable year. serting ‘‘which begins after 2001 and before mination date, or amends the nomination to ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- provide for a new termination date, in such the date referred to in subsection (g)’’. poses of this subsection, the term ‘new do- manner as the Secretary of the Treasury (or (d) INCREASED EXPENSING UNDER SECTION mestic investments’ means the cost of quali- the Secretary’s designee) may provide. 179.—Subparagraph (A) of section 1400J(b)(1) fied property (as defined in section (d) EFFECTIVE DATE.—The amendments is amended by striking ‘‘January 1, 2010’’ and 168(k)(2)(A)(i))— made by this section shall apply to periods inserting ‘‘January 1, 2011’’. ‘‘(A) the original use of which commences after December 31, 2009. with the taxpayer during the taxable year, (e) TREATMENT OF CERTAIN TERMINATION SEC. 267. TAX INCENTIVES FOR INVESTMENT IN and THE DISTRICT OF COLUMBIA. DATES SPECIFIED IN NOMINATIONS.—In the ‘‘(B) which is placed in service in the (a) IN GENERAL.—Subsection (f) of section case of a designation of a renewal commu- United States by the taxpayer during such 1400 is amended by striking ‘‘December 31, nity the nomination for which included a taxable year. 2009’’ each place it appears and inserting termination date which is contemporaneous ‘‘(4) CREDIT REFUNDABLE.—For purposes of ‘‘December 31, 2010’’. with the date specified in subparagraph (A) subsection (b) of section 6401, the aggregate (b) TAX-EXEMPT DC EMPOWERMENT ZONE of section 1400E(b)(1) of the Internal Revenue increase in the credits allowable under this BONDS.—Subsection (b) of section 1400A is Code of 1986 (as in effect before the enact- part for any taxable year resulting from the amended by striking ‘‘December 31, 2009’’ and ment of this Act), subparagraph (B) of such application of this subsection shall be treat- inserting ‘‘December 31, 2010’’. section shall not apply with respect to such ed as allowed under subpart C (and not under (c) ZERO-PERCENT CAPITAL GAINS RATE.— designation unless, after the date of the en- any other subpart). For purposes of section (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), actment of this section, the entity which 6425, any amount treated as so allowed shall (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section made such nomination reconfirms such ter- be treated as a payment of estimated income 1400B(b) are each amended by striking ‘‘Jan- mination date, or amends the nomination to tax for the taxable year. uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(5) ELECTION.—An election under this sub- provide for a new termination date, in such (2) LIMITATION ON PERIOD OF GAINS.— section shall be made at such time and in manner as the Secretary of the Treasury (or (A) IN GENERAL.—Paragraph (2) of section such manner as prescribed by the Secretary, 1400B(e) is amended— the Secretary’s designee) may provide. and once made, may be revoked only with (i) by striking ‘‘December 31, 2014’’ and in- (f) EFFECTIVE DATES.— the consent of the Secretary. Not later than serting ‘‘December 31, 2015’’; and (1) IN GENERAL.—Except as otherwise pro- 90 days after the date of the enactment of (ii) by striking ‘‘2014’’ in the heading and vided in this subsection, the amendments this subsection, the Secretary shall issue inserting ‘‘2015’’. made by this section shall apply to periods guidance specifying such time and manner. (B) PARTNERSHIPS AND S-CORPS.—Paragraph after December 31, 2009. ‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP (2) of section 1400B(g) is amended by striking (2) ACQUISITIONS.—The amendments made INVESTMENTS.—For purposes of this sub- ‘‘December 31, 2014’’ and inserting ‘‘Decem- by subsections (b)(1) and (d) shall apply to section, a corporation shall take into ac- ber 31, 2015’’. acquisitions after December 31, 2009. count its allocable share of any new domes- (d) FIRST-TIME HOMEBUYER CREDIT.—Sub- (3) COMMERCIAL REVITALIZATION DEDUC- tic investments by a partnership for any tax- section (i) of section 1400C is amended by TION.— able year if, and only if, more than 90 per- striking ‘‘January 1, 2010’’ and inserting (A) IN GENERAL.—The amendment made by cent of the capital and profits interests in ‘‘January 1, 2011’’. subsection (c)(1) shall apply to buildings such partnership are owned by such corpora- (e) EFFECTIVE DATES.— placed in service after December 31, 2009. tion (directly or indirectly) at all times dur- (1) IN GENERAL.—Except as otherwise pro- (B) CONFORMING AMENDMENT.—The amend- ing such taxable year. vided in this subsection, the amendments ment made by subsection (c)(2) shall apply to ‘‘(7) NO DOUBLE BENEFIT.— made by this section shall apply to periods calendar years beginning after December 31, ‘‘(A) IN GENERAL.—A corporation making after December 31, 2009. 2009. an election under this subsection may not

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PAYERS PREVIOUSLY ELECTING APPLICABLE NET subtitle A (relating to energy) in order of the (3) TECHNICAL AMENDMENT.—The amend- OPERATING LOSSES.—In the case of a corpora- tax expenditure incurring the least aggre- ment made by subsection (c) shall take ef- tion which made an election under subpara- gate cost to the greatest aggregate cost (de- fect as if included in section 709 of the Tax graph (H) of section 172(b)(1) and elects the termined by reference to the cost estimate of Extenders and Alternative Minimum Tax Re- application of this subsection— this Act by the Joint Committee on Tax- lief Act of 2008. ‘‘(i) ELECTION OF APPLICABLE NET OPER- ation). Thereafter, such reports may be sub- SEC. 282. LOSSES ATTRIBUTABLE TO FEDERALLY ATING LOSS TREATED AS REVOKED.—The elec- mitted in such order as the Chief of Staff de- DECLARED DISASTERS. tion under such subparagraph (H) shall (not- termines appropriate. (a) IN GENERAL.—Subclause (I) of section withstanding clause (iii)(II) of such subpara- (d) CONTENTS OF REPORT.—Such reports 165(h)(3)(B)(i) is amended by striking ‘‘Janu- graph) be treated as having been revoked by shall contain the following: ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. the taxpayer. (1) An explanation of the tax expenditure (b) $500 LIMITATION.—Paragraph (1) of sec- and any relevant economic, social, or other ‘‘(ii) COORDINATION WITH PROVISION FOR EX- tion 165(h) is amended by striking ‘‘Decem- context under which it was first enacted. PEDITED REFUND.—The amount otherwise ber 31, 2009’’ and inserting ‘‘December 31, treated as a payment of estimated income (2) A description of the intended purpose of 2010’’. tax under the last sentence of paragraph (4) the tax expenditure. (c) EFFECTIVE DATE.— shall be reduced (but not below zero) by the (3) An analysis of the overall success of the (1) IN GENERAL.—The amendment made by aggregate increase in unpaid tax liability de- tax expenditure in achieving such purpose, subsection (a) shall apply to federally determined under this chapter by reason of the and evidence supporting such analysis. clared disasters occurring after December 31, revocation of the election under clause (i). (4) An analysis of the extent to which fur- 2009. ther extending the tax expenditure, or mak- ‘‘(iii) APPLICATION OF STATUTE OF LIMITA- (2) $500 LIMITATION.—The amendment made ing it permanent, would contribute to TIONS.—With respect to the revocation of an by subsection (b) shall apply to taxable years election under clause (i)— achieving such purpose. beginning after December 31, 2009. (5) A description of the direct and indirect ‘‘(I) the statutory period for the assess- SEC. 283. SPECIAL DEPRECIATION ALLOWANCE ment of any deficiency attributable to such beneficiaries of the tax expenditure, includ- FOR QUALIFIED DISASTER PROP- revocation shall not expire before the end of ing identifying any unintended beneficiaries. ERTY. the 3-year period beginning on the date of (6) An analysis of whether the tax expendi- (a) IN GENERAL.—Subclause (I) of section the election to have this subsection apply, ture is the most cost-effective method for 168(n)(2)(A)(ii) is amended by striking ‘‘Janu- and achieving the purpose for which it was in- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(II) such deficiency may be assessed be- tended, and a description of any more cost- (b) EFFECTIVE DATE.—The amendment fore the expiration of such 3-year period not- effective methods through which such pur- made by this section shall apply to disasters withstanding the provisions of any other law pose could be accomplished. occurring after December 31, 2009. or rule of law which would otherwise prevent (7) A description of any unintended effects SEC. 284. NET OPERATING LOSSES ATTRIB- such assessment. of the tax expenditure that are useful in un- UTABLE TO FEDERALLY DECLARED derstanding the tax expenditure’s overall DISASTERS. ‘‘(C) EXCEPTION FOR ELIGIBLE SMALL BUSI- value. NESSES.—Subparagraphs (A) and (B) shall not (a) IN GENERAL.—Subclause (I) of section apply to an eligible small business as defined (8) An analysis of how the tax expenditure 172(j)(1)(A)(i) is amended by striking ‘‘Janu- in section 172(b)(1)(H)(v)(II). could be modified to better achieve its origi- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. nal purpose. (b) EFFECTIVE DATE.—The amendment ‘‘(8) REGULATIONS.—The Secretary may issue such regulations or other guidance as (9) A brief description of any interactions made by this section shall apply to losses at- may be necessary or appropriate to carry out (actual or potential) with other tax expendi- tributable to disasters occurring after De- the purposes of this subsection, including to tures or direct spending programs in the cember 31, 2009. prevent fraud and abuse under this sub- same or related budget function worthy of SEC. 285. EXPENSING OF QUALIFIED DISASTER section.’’. further study. EXPENSES. (b) CONFORMING AMENDMENTS.— (10) A description of any unavailable infor- (a) IN GENERAL.—Subparagraph (A) of sec- (1) Section 6211(b)(4)(A) is amended by in- mation the staff of the Joint Committee on tion 198A(b)(2) is amended by striking ‘‘Janu- serting ‘‘53(g),’’ after ‘‘53(e),’’. Taxation may need to complete a more thor- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (2) Section 1324(b)(2) of title 31, United ough examination and analysis of the tax ex- (b) EFFECTIVE DATE.—The amendment States Code, is amended by inserting ‘‘53(g),’’ penditure, and what must be done to make made by this section shall apply to expendi- after ‘‘53(e),’’. such information available. tures on account of disasters occurring after (c) EFFECTIVE DATE.—The amendments (e) MINIMUM ANALYSIS BY DEADLINE.—In December 31, 2009. made by this section shall apply to taxable the event the Chief of Staff of the Joint PART II—REGIONAL PROVISIONS Committee on Taxation concludes it will not years beginning after December 31, 2009. Subpart A—New York Liberty Zone SEC. 272. STUDY OF EXTENDED TAX EXPENDI- be feasible to complete all reports by the SEC. 291. SPECIAL DEPRECIATION ALLOWANCE TURES. date specified in subsection (a), at a minimum, the reports for each tax expenditure FOR NONRESIDENTIAL AND RESI- (a) FINDINGS.—Congress finds the fol- DENTIAL REAL PROPERTY. lowing: enacted in this subtitle (relating to business (a) IN GENERAL.—Subparagraph (A) of sec- (1) Currently, the aggregate cost of Federal tax relief) and subtitle A (relating to energy) shall be completed by such date. tion 1400L(b)(2) is amended by striking ‘‘De- tax expenditures rivals, or even exceeds, the cember 31, 2009’’ and inserting ‘‘December 31, Subtitle D—Temporary Disaster Relief amount of total Federal discretionary spend- 2010’’. Provisions ing. (b) EFFECTIVE DATE.—The amendment (2) Given the escalating public debt, a crit- PART I—NATIONAL DISASTER RELIEF made by this section shall apply to property ical examination of this use of taxpayer dol- SEC. 281. WAIVER OF CERTAIN MORTGAGE REV- placed in service after December 31, 2009. lars is essential. ENUE BOND REQUIREMENTS. SEC. 292. TAX-EXEMPT BOND FINANCING. (3) Additionally, tax expenditures can com- (a) IN GENERAL.—Paragraph (11) of section (a) IN GENERAL.—Subparagraph (D) of sec- plicate the Internal Revenue Code of 1986 for 143(k) is amended by striking ‘‘January 1, tion 1400L(d)(2) is amended by striking ‘‘Jan- taxpayers and complicate tax administration 2010’’ and inserting ‘‘January 1, 2011’’. uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. for the Internal Revenue Service. (b) SPECIAL RULE FOR RESIDENCES DE- (b) EFFECTIVE DATE.—The amendment (4) To facilitate a better understanding of STROYED IN FEDERALLY DECLARED DISAS- made by this section shall apply to bonds tax expenditures in the future, it is construc- TERS.—Paragraph (13) of section 143(k), as re- issued after December 31, 2009. tive for legislation extending these provi- designated by subsection (c), is amended by sions to include a study of such provisions. striking ‘‘January 1, 2010’’ in subparagraphs Subpart B—GO Zone (b) REQUIREMENT TO REPORT.—Not later (A)(i) and (B)(i) and inserting ‘‘January 1, SEC. 295. INCREASE IN REHABILITATION CREDIT. than November 30, 2010, the Chief of Staff of 2011’’. (a) IN GENERAL.—Subsection (h) of section the Joint Committee on Taxation, in con- (c) TECHNICAL AMENDMENT.—Subsection (k) 1400N is amended by striking ‘‘December 31, sultation with the Comptroller General of of section 143 is amended by redesignating 2009’’ and inserting ‘‘December 31, 2010’’. the United States, shall submit to the Com- the second paragraph (12) (relating to special (b) EFFECTIVE DATE.—The amendment mittee on Ways and Means of the House of rules for residences destroyed in federally made by this section shall apply to amounts Representatives and the Committee on Fi- declared disasters) as paragraph (13). paid or incurred after December 31, 2009. (d) EFFECTIVE DATES.— nance of the Senate a report on each tax ex- SEC. 296. WORK OPPORTUNITY TAX CREDIT WITH penditure (as defined in section 3(3) of the (1) IN GENERAL.—Except as otherwise pro- RESPECT TO CERTAIN INDIVIDUALS Congressional Budget Impoundment Control vided in this subsection, the amendment AFFECTED BY HURRICANE KATRINA Act of 1974 (2 U.S.C. 622(3)) extended by this made by this section shall apply to bonds FOR EMPLOYERS INSIDE DISASTER title. issued after December 31, 2009. AREAS. (c) ROLLING SUBMISSION OF REPORTS.—The (2) RESIDENCES DESTROYED IN FEDERALLY (a) IN GENERAL.—Paragraph (1) of section Chief of Staff of the Joint Committee on DECLARED DISASTERS.—The amendments 201(b) of the Katrina Emergency Tax Relief

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4668 CONGRESSIONAL RECORD — SENATE June 8, 2010 Act of 2005 is amended by striking ‘‘4-year’’ be irrevocable, except under such limited cir- be treated as an installment acceleration and inserting ‘‘5-year’’. cumstances, and subject to such conditions, amount for the succeeding plan year. (b) EFFECTIVE DATE.—The amendment as such Secretary may prescribe. ‘‘(bb) CAP TO APPLY.—If any amount treat- made by subsection (a) shall apply to indi- ‘‘(E) APPLICABLE PLAN YEAR.— ed as an installment acceleration amount viduals hired after August 27, 2009. ‘‘(i) IN GENERAL.—For purposes of this under item (aa) or this item with respect any SEC. 297. EXTENSION OF LOW-INCOME HOUSING paragraph, the term ‘applicable plan year’ succeeding plan year, when added to other CREDIT RULES FOR BUILDINGS IN means, subject to the election of the plan installment acceleration amounts (deter- GO ZONES. sponsor under subparagraph (D)(iv), each of mined without regard to subclause (II)) with Section 1400N(c)(5) is amended by striking not more than 2 of the plan years beginning respect to the plan year, exceeds the limita- ‘‘January 1, 2011’’ and inserting ‘‘January 1, in 2008, 2009, 2010, or 2011. tion under subclause (II), the portion of such 2013’’. ‘‘(ii) SPECIAL RULE RELATING TO 2008.—A amount representing such excess shall be TITLE III—PENSION FUNDING RELIEF plan year may be elected as an applicable treated as an installment acceleration amount with respect to the next succeeding Subtitle A—Single-Employer Plans plan year pursuant to this subparagraph only if the due date under subsection (j)(1) for the plan year. SEC. 301. EXTENDED PERIOD FOR SINGLE-EM- ‘‘(cc) LIMITATION ON YEARS TO WHICH PLOYER DEFINED BENEFIT PLANS payment of the minimum required contribu- AMOUNTS CARRIED FORWARD.—No amount TO AMORTIZE CERTAIN SHORTFALL tion for such plan year occurs on or after shall be carried forward under item (aa) or AMORTIZATION BASES. March 10, 2010. (bb) to a plan year which begins after the (a) ERISA AMENDMENTS.— ‘‘(F) INCREASES IN SHORTFALL AMORTIZATION last plan year in the restriction period (or (1) IN GENERAL.—Section 303(c)(2) of the INSTALLMENTS IN CASES OF EXCESS COMPENSA- after the second plan year following such Employee Retirement Income Security Act TION OR CERTAIN DIVIDENDS OR STOCK REDEMP- last plan year in the case of an election year of 1974 (29 U.S.C. 1083(c)(2)) is amended by TIONS.— with respect to which 15-year amortization adding at the end the following subpara- ‘‘(i) IN GENERAL.—If, with respect to an was elected under subparagraph (D)(iii)). graphs: election for an applicable plan year under ‘‘(dd) ORDERING RULES.—For purposes of ‘‘(D) SPECIAL RULE.— subparagraph (D), there is an installment ac- applying item (bb), installment acceleration N GENERAL.—In the case of the short- ‘‘(i) I celeration amount with respect to a plan for amounts for the plan year (determined with- fall amortization base of a plan for any ap- any plan year in the restriction period (or if out regard to any carryover under this plicable plan year, the shortfall amortiza- there is an installment acceleration amount clause) shall be applied first against the lim- tion installments are the amounts described carried forward to a plan year not in the re- itation under subclause (II) and then in clause (ii) or (iii), if made applicable by an striction period), then the shortfall amorti- carryovers to such plan year shall be applied election under clause (iv). In the absence of zation installment otherwise determined and against such limitation on a first-in, first- a timely election, such installments shall be payable under this paragraph for such plan out basis. determined without regard to this subpara- year shall be increased by such amount. ‘‘(iv) EXCESS EMPLOYEE COMPENSATION.— graph. ‘‘(ii) BACK-END ADJUSTMENT TO AMORTIZA- ‘‘(I) IN GENERAL.—For purposes of this ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The TION SCHEDULE.—Subject to rules prescribed paragraph, the term ‘excess employee com- shortfall amortization installments de- by the Secretary of the Treasury, if a short- pensation’ means the sum of— scribed in this clause are— fall amortization installment with respect to ‘‘(aa) with respect to any employee, for ‘‘(I) in the case of the first 2 plan years in any shortfall amortization base for an appli- any plan year, the excess (if any) of— the 9-plan-year period beginning with the ap- cable plan year is required to be increased ‘‘(AA) the aggregate amount includible in plicable plan year, interest on the shortfall for any plan year under clause (i), subse- income under chapter 1 of the Internal Rev- amortization base (determined by using the quent shortfall amortization installments enue Code of 1986 for remuneration during effective interest rate for the applicable plan with respect to such base shall be reduced, in the calendar year in which such plan year year), and reverse order of the otherwise required in- begins for services performed by the em- ‘‘(II) in the case of the last 7 plan years in stallments beginning with the final sched- ployee for the plan sponsor (whether or not such 9-plan-year period, the amounts nec- uled installment, to the extent necessary to performed during such calendar year), over essary to amortize the balance of such short- limit the present value of such subsequent ‘‘(BB) $1,000,000, plus fall amortization base in level annual in- shortfall amortization installments (after ‘‘(bb) the amount of assets set aside or re- stallments over such last 7 plan years (deter- application of this subparagraph) to the served (directly or indirectly) in a trust (or mined using the segment rates determined present value of the remaining unamortized other arrangement as determined by the Sec- under subparagraph (C) of subsection (h)(2) shortfall amortization base. retary of the Treasury), or transferred to for the applicable plan year, applied under ‘‘(iii) INSTALLMENT ACCELERATION such a trust or other arrangement, during rules similar to the rules of subparagraph (B) AMOUNT.—For purposes of this subpara- the calendar year by a plan sponsor for pur- of subsection (h)(2)). graph— poses of paying deferred compensation of an ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall ‘‘(I) IN GENERAL.—The term ‘installment employee under a nonqualified deferred com- amortization installments described in this acceleration amount’ means, with respect to pensation plan (as defined in section 409A of clause are the amounts under subparagraphs any plan year in a restriction period with re- such Code) of the plan sponsor. (A) and (B) determined by substituting ‘15 spect to an applicable plan year, the sum ‘‘(II) NO DOUBLE COUNTING.—No amount plan-year period’ for ‘7-plan-year period’. of— shall be taken into account under subclause ‘‘(iv) ELECTION.— ‘‘(aa) the aggregate amount of excess em- (I) more than once. ‘‘(I) IN GENERAL.—The plan sponsor may, ployee compensation determined under ‘‘(III) EMPLOYEE; REMUNERATION.—For pur- with respect to a plan, elect, with respect to clause (iv) for the plan year, plus poses of this clause, the term ‘employee’ in- any of not more than 2 applicable plan years, ‘‘(bb) the dividend and redemption amount cludes, with respect to a calendar year, a to determine shortfall amortization install- determined under clause (v) for the plan self-employed individual who is treated as an ments under this subparagraph. An election year. employee under section 401(c) of the Internal under either clause (ii) or clause (iii) may be ‘‘(II) CUMULATIVE LIMITATION.—The install- Revenue Code of 1986 for the taxable year made with respect to either of such applica- ment acceleration amount for any plan year ending during such calendar year, and the ble plan years. shall not exceed the excess (if any) of— term ‘remuneration’ shall include earned in- ‘‘(II) ELIGIBILITY FOR ELECTION.—An elec- ‘‘(aa) the sum of the shortfall amortization come of such an individual. tion may be made to determine shortfall am- installments for the plan year and all pre- ‘‘(IV) CERTAIN PAYMENTS UNDER EXISTING ortization installments under this subpara- ceding plan years in the amortization period CONTRACTS.—There shall not be taken into graph with respect to a plan only if, as of the elected under subparagraph (D) with respect account under subclause (I)(aa) any remu- date of the election— to the shortfall amortization base with re- neration consisting of nonqualified deferred ‘‘(aa) the plan sponsor is not a debtor in a spect to an applicable year, determined with- compensation, restricted stock (or restricted case under title 11, United States Code, or out regard to subparagraph (D) and this sub- stock units), stock options, or stock appre- similar Federal or State law, paragraph, over ciation rights payable or granted under a ‘‘(bb) there are no unpaid minimum re- ‘‘(bb) the sum of the shortfall amortization written binding contract that was in effect quired contributions with respect to the plan installments for such plan year and all such on March 1, 2010, and which was not modified for purposes of section 4971 of the Internal preceding plan years, determined after appli- in any material respect before such remu- Revenue Code of 1986, cation of subparagraph (D) (and in the case neration is paid. ‘‘(cc) there is no lien in favor of the plan of any preceding plan year, after application ‘‘(V) ONLY REMUNERATION FOR POST-2009 under subsection (k) or under section 430(k) of this subparagraph). SERVICES COUNTED.—Remuneration shall be of such Code, and ‘‘(III) CARRYOVER OF EXCESS INSTALLMENT taken into account under subclause (I)(aa) ‘‘(dd) a distress termination has not been ACCELERATION AMOUNTS.— only to the extent attributable to services initiated for the plan under section 4041(c). ‘‘(aa) IN GENERAL.—If the installment ac- performed by the employee for the plan spon- ‘‘(III) RULES RELATING TO ELECTION.—Such celeration amount for any plan year (deter- sor after December 31, 2009. election shall be made at such times, and in mined without regard to subclause (II)) ex- ‘‘(VI) COMMISSIONS.— such form and manner, as shall be prescribed ceeds the limitation under subclause (II), ‘‘(aa) IN GENERAL.—There shall not be by the Secretary of the Treasury and shall then, subject to item (bb), such excess shall taken into account under subclause (I)(aa)

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4669 any remuneration payable on a commission holders of stock issued by the plan sponsor participant and beneficiary, each labor orga- basis solely on account of income directly shall not be taken into account under sub- nization representing such participants and generated by the individual performance of clause (I). beneficiaries, and the Pension Benefit Guar- the individual to whom such remuneration is ‘‘(VI) EXCEPTION FOR CERTAIN REDEMP- anty Corporation. payable. TIONS.—The following shall not be taken into ‘‘(2) MATTERS INCLUDED IN NOTICE.—Each ‘‘(bb) SPECIFIED EMPLOYEES.—Item (aa) account under subclause (I): notice provided pursuant to this subsection shall not apply in the case of any specified ‘‘(aa) Redemptions of securities which, at shall set forth— employee (within the meaning of section the time of redemption, are not listed on an ‘‘(A) a statement that recently enacted 409A(a)(2)(B)(i) of the Internal Revenue Code established securities market and— legislation permits employers to delay pen- of 1986) or any employee who would be such ‘‘(AA) are made pursuant to a pension plan sion funding; a specified employee if the plan sponsor were that is qualified under section 401 of the In- ‘‘(B) with respect to required contribu- a corporation described in such section. ternal Revenue Code of 1986 or a shareholder- tions— ‘‘(VII) INDEXING OF AMOUNT.—In the case of approved program, or ‘‘(i) the amount of contributions that any calendar year beginning after 2010, the ‘‘(BB) are made on account of an employ- would have been required had the election dollar amount under subclause (I)(aa)(BB) ee’s termination of employment with the not been made; shall be increased by an amount equal to— plan sponsor, or the death or disability of a ‘‘(aa) such dollar amount, multiplied by shareholder. ‘‘(ii) the amount of the reduction in re- ‘‘(bb) the cost-of-living adjustment deter- ‘‘(bb) Redemptions of securities which are quired contributions for the applicable plan mined under section 1(f)(3) of the Internal not, immediately after issuance, listed on an year that occurs on account of the election; Revenue Code of 1986 for the calendar year, established securities market and are, or had and determined by substituting ‘calendar year previously been— ‘‘(iii) the number of plan years to which 2009’ for ‘calendar year 1992’ in subparagraph ‘‘(AA) held, directly or indirectly, by, or such reduction will apply; (B) thereof. for the benefit of, the Federal Government or ‘‘(C) with respect to a plan’s funding status as of the end of the plan year preceding the If the amount of any increase under clause a Federal reserve bank, or applicable plan year— (i) is not a multiple of $20,000, such increase ‘‘(BB) held by a national government (or a ‘‘(i) the liabilities determined under sec- shall be rounded to the next lowest multiple government-related entity of such a govern- of $20,000. ment) or an employee benefit plan if such tion 4010(d)(1)(A); and ‘‘(ii) the market value of assets of the plan; ‘‘(v) CERTAIN DIVIDENDS AND REDEMP- shares are substantially identical to shares and TIONS.— described in subitem (AA). ‘‘(I) IN GENERAL.—The dividend and re- ‘‘(vi) OTHER DEFINITIONS AND RULES.—For ‘‘(D) with respect to installment accelera- demption amount determined under this purposes of this subparagraph— tion amounts (as defined in section clause for any plan year is the lesser of— ‘‘(I) PLAN SPONSOR.—The term ‘plan spon- 303(c)(2)(F)(iii)(I))— ‘‘(aa) the excess of— sor’ includes any member of the plan spon- ‘‘(i) an explanation of section 303(c)(2)(F) ‘‘(AA) the sum of the dividends paid during sor’s controlled group (as defined in section (relating to increases in shortfall amortiza- the plan year by the plan sponsor, plus the 302(d)(3)). tion installments in cases of excess com- amounts paid for the redemption of stock of ‘‘(II) RESTRICTION PERIOD.—The term ‘re- pensation or certain dividends or stock re- the plan sponsor redeemed during the plan striction period’ means, with respect to any demptions); and year, over applicable plan year with respect to which ‘‘(ii) a statement that increases in required ‘‘(BB) an amount equal to the average of an election is made under subparagraph (D)— contributions may occur in the event of fu- adjusted annual net income of the plan spon- ‘‘(aa) except as provided in item (bb), the 3- ture payments of excess employee compensa- sor for the last 5 fiscal years of the plan year period beginning with the applicable tion or certain share repurchasing or divi- sponsor ending before such plan year, or plan year (or, if later, the first plan year be- dend activity and that subsequent notices of ‘‘(bb) the sum of— ginning after December 31, 2009), or any such payments or activity will be pro- ‘‘(AA) the amounts paid for the redemption ‘‘(bb) if the plan sponsor elects 15-year am- vided in the annual funding notice provided of stock of the plan sponsor redeemed during ortization for the shortfall amortization base pursuant to section 101(f). the plan year, plus for the applicable plan year, the 5-year pe- ‘‘(3) OTHER REQUIREMENTS.— ‘‘(BB) the excess of dividends paid during riod beginning with such plan year (or, if ‘‘(A) FORM.—The notice required by para- the plan year by the plan sponsor over the later, the first plan year beginning after De- graph (1) shall be written in a manner cal- dividend base amount. cember 31, 2009). culated to be understood by the average plan ‘‘(II) DEFINITIONS.— ‘‘(III) ELECTIONS FOR MULTIPLE PLANS.—If a participant. The Secretary of the Treasury ‘‘(aa) ADJUSTED ANNUAL NET INCOME.—For plan sponsor makes elections under subpara- shall prescribe a model notice that a plan ad- purposes of subclause (I)(aa)(BB), the term graph (D) with respect to 2 or more plans, ministrator may use to satisfy the require- the Secretary of the Treasury shall provide ‘adjusted annual net income’ with respect to ments of paragraph (1). rules for the application of this subpara- any fiscal year means annual net income, de- ‘‘(B) PROVISION TO DESIGNATED PERSONS.— graph to such plans, including rules for the termined in accordance with generally ac- Any notice under paragraph (1) may be pro- ratable allocation of any installment accel- cepted accounting principles (before after- vided to a person designated, in writing, by eration amount among such plans on the tax gain or loss on any sale of assets), but the person to which it would otherwise be basis of each plan’s relative reduction in the without regard to any reduction by reason of provided. depreciation or amortization, except that in plan’s shortfall amortization installment for ‘‘(4) EFFECT OF EGREGIOUS FAILURE.— no event shall adjusted annual net income the first plan year in the amortization period ‘‘(A) IN GENERAL.—In the case of any egre- described in clause (i) (determined without for any fiscal year be less than zero. gious failure to meet any requirement of this ‘‘(bb) DIVIDEND BASE AMOUNT.—For pur- regard to this subparagraph). subsection with respect to any election, such poses of this clause, the term ‘dividend base ‘‘(G) MERGERS AND ACQUISITIONS.—The Sec- election shall be treated as having not been amount’ means, with respect to a plan year, retary of the Treasury shall prescribe rules made. an amount equal to the greater of— for the application of subparagraphs (D) and ‘‘(B) EGREGIOUS FAILURE.—For purposes of ‘‘(AA) the median of the amounts of the (F) in any case where there is a merger or ac- subparagraph (A), there is an egregious fail- dividends paid during each of the last 5 fiscal quisition involving a plan sponsor making years of the plan sponsor ending before such the election under subparagraph (D). ure to meet the requirements of this subsection if such failure is in the control of the plan year, or ‘‘(H) REGULATIONS AND GUIDANCE.—The ‘‘(BB) the amount of dividends paid during Secretary of the Treasury may prescribe plan sponsor and is— such plan year on preferred stock that was such regulations and other guidance of gen- ‘‘(i) an intentional failure (including any issued on or before May 21, 2010, or that is re- eral applicability as such Secretary may de- failure to promptly provide the required no- placement stock for such preferred stock. termine necessary to achieve the purposes of tice or information after the plan adminis- ‘‘(III) ONLY CERTAIN POST-2009 DIVIDENDS subparagraphs (D) and (F).’’. trator discovers an unintentional failure to AND REDEMPTIONS COUNTED.—For purposes of (2) NOTICE REQUIREMENT.—Section 204 of meet the requirements of this subsection), subclause (I) (other than for purposes of cal- such Act (29 U.S.C. 1054) is amended— ‘‘(ii) a failure to provide most of the par- culating the dividend base amount), there (A) by redesignating subsection (k) as sub- ticipants and beneficiaries with most of the shall only be taken into account dividends section (l); and information they are entitled to receive declared, and redemptions occurring, after (B) by inserting after subsection (j) the fol- under this subsection, or February 28, 2010. lowing new subsection: ‘‘(iii) a failure which is determined to be ‘‘(IV) EXCEPTION FOR INTRA-GROUP DIVI- ‘‘(k) NOTICE IN CONNECTION WITH SHORT- egregious under regulations prescribed by DENDS.—Dividends paid by one member of a FALL AMORTIZATION ELECTION.— the Secretary of the Treasury. controlled group (as defined in section ‘‘(1) IN GENERAL.—Not later 30 days after ‘‘(5) USE OF NEW TECHNOLOGIES.—The Sec- 302(d)(3)) to another member of such group the date of an election under clause (iv) of retary of the Treasury may, in consultation shall not be taken into account under subsection 303(c)(2)(D) in connection with a sin- with the Secretary, by regulations or other clause (I). gle-employer plan, the plan administrator guidance of general applicability, allow any ‘‘(V) EXCEPTION FOR STOCK DIVIDENDS.—Any shall provide notice of such election in ac- notice under this subsection to be provided distribution by the plan sponsor to its share- cordance with this subsection to each plan using new technologies.’’.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4670 CONGRESSIONAL RECORD — SENATE June 8, 2010

(C) SUBSEQUENT SUPPLEMENTAL NOTICES.— ‘‘(bb) there are no unpaid minimum re- ‘‘(bb) the sum of the shortfall amortization Section 101(f)(2)(C) of such Act (29 U.S.C. quired contributions with respect to the plan installments for such plan year and all such 1021(f)(2)(C)) is amended— for purposes of section 4971, preceding plan years, determined after appli- (i) by striking ‘‘and’’ at the end of clause ‘‘(cc) there is no lien in favor of the plan cation of subparagraph (D) (and in the case (i); under subsection (k) or under section 303(k) of any preceding plan year, after application (ii) by redesignating clause (ii) as clause of the Employee Retirement Income Secu- of this subparagraph). (iii); and rity Act of 1974, and ‘‘(III) CARRYOVER OF EXCESS INSTALLMENT (iii) by inserting after clause (i) the fol- ‘‘(dd) a distress termination has not been ACCELERATION AMOUNTS.— lowing new clause: initiated for the plan under section 4041(c) of ‘‘(aa) IN GENERAL.—If the installment ac- ‘‘(ii) any excess employee compensation such Act. celeration amount for any plan year (deter- amounts and any dividends and redemptions ‘‘(III) RULES RELATING TO ELECTION.—Such mined without regard to subclause (II)) ex- amounts determined under section election shall be made at such times, and in ceeds the limitation under subclause (II), 303(c)(2)(F) for the preceding plan year with such form and manner, as shall be prescribed then, subject to item (bb), such excess shall respect to the plan, and’’. by the Secretary and shall be irrevocable, ex- be treated as an installment acceleration (3) DISREGARD OF INSTALLMENT ACCELERA- cept under such limited circumstances, and amount for the succeeding plan year. subject to such conditions, as the Secretary ‘‘(bb) CAP TO APPLY.—If any amount treat- TION AMOUNTS IN DETERMINING QUARTERLY may prescribe. ed as an installment acceleration amount CONTRIBUTIONS.—Section 303(j)(3) of such Act (29 U.S.C. 1083(j)(3)) is amended by adding at ‘‘(E) APPLICABLE PLAN YEAR.— under item (aa) or this item with respect any ‘‘(i) IN GENERAL.—For purposes of this succeeding plan year, when added to other the end the following new subparagraph: paragraph, the term ‘applicable plan year’ installment acceleration amounts (deter- ‘‘(F) DISREGARD OF INSTALLMENT ACCELERA- means, subject to the election of the plan mined without regard to subclause (II)) with TION AMOUNTS.—Subparagraph (D) shall be sponsor under subparagraph (D)(iv), each of respect to the plan year, exceeds the limita- applied without regard to any increase under not more than 2 of the plan years beginning tion under subclause (II), the portion of such subsection (c)(2)(F).’’. in 2008, 2009, 2010, or 2011. amount representing such excess shall be (4) CONFORMING AMENDMENT.—Section ‘‘(ii) SPECIAL RULE RELATING TO 2008.—A treated as an installment acceleration 303(c)(1) of such Act (29 U.S.C. 1083(c)(1)) is plan year may be elected as an applicable amount with respect to the next succeeding amended by striking ‘‘the shortfall amortiza- plan year pursuant to this subparagraph only plan year. tion bases for such plan year and each of the if the due date under subsection (j)(1) for the ‘‘(cc) LIMITATION ON YEARS TO WHICH 6 preceding plan years’’ and inserting ‘‘any payment of the minimum required contribu- AMOUNTS CARRIED FORWARD.—No amount shortfall amortization base which has not tion for such plan year occurs on or after shall be carried forward under item (aa) or been fully amortized under this subsection’’. March 10, 2010. (bb) to a plan year which begins after the (b) IRC AMENDMENTS.— ‘‘(F) INCREASES IN SHORTFALL AMORTIZATION last plan year in the restriction period (or (1) IN GENERAL.—Section 430(c)(2) of the In- INSTALLMENTS IN CASES OF EXCESS COMPENSA- after the second plan year following such ternal Revenue Code of 1986 is amended by TION OR CERTAIN DIVIDENDS OR STOCK REDEMP- last plan year in the case of an election year adding at the end the following subpara- TIONS.— with respect to which 15-year amortization graphs: ‘‘(i) IN GENERAL.—If, with respect to an was elected under subparagraph (D)(iii)). ‘‘(D) SPECIAL RULE.— election for an applicable plan year under ‘‘(dd) ORDERING RULES.—For purposes of ‘‘(i) IN GENERAL.—In the case of the short- subparagraph (D), there is an installment ac- applying item (bb), installment acceleration fall amortization base of a plan for any ap- celeration amount with respect to a plan for amounts for the plan year (determined with- plicable plan year, the shortfall amortiza- any plan year in the restriction period (or if out regard to any carryover under this tion installments are the amounts described there is an installment acceleration amount clause) shall be applied first against the lim- in clause (ii) or (iii), if made applicable by an carried forward to a plan year not in the re- itation under subclause (II) and then election under clause (iv). In the absence of striction period), then the shortfall amorti- carryovers to such plan year shall be applied zation installment otherwise determined and against such limitation on a first-in, first- a timely election, such installments shall be payable under this paragraph for such plan out basis. determined without regard to this subpara- year shall be increased by such amount. ‘‘(iv) EXCESS EMPLOYEE COMPENSATION.— graph. ‘‘(ii) BACK-END ADJUSTMENT TO AMORTIZA- ‘‘(I) IN GENERAL.—For purposes of this ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The TION SCHEDULE.—Subject to rules prescribed paragraph, the term ‘excess employee com- shortfall amortization installments de- by the Secretary, if a shortfall amortization pensation’ means the sum of— scribed in this clause are— installment with respect to any shortfall ‘‘(aa) with respect to any employee, for ‘‘(I) in the case of the first 2 plan years in amortization base for an applicable plan any plan year, the excess (if any) of— the 9-plan-year period beginning with the ap- year is required to be increased for any plan ‘‘(AA) the aggregate amount includible in plicable plan year, interest on the shortfall year under clause (i), subsequent shortfall income under chapter 1 for remuneration amortization base (determined by using the amortization installments with respect to during the calendar year in which such plan effective interest rate for the applicable plan such base shall be reduced, in reverse order year begins for services performed by the year), and of the otherwise required installments begin- employee for the plan sponsor (whether or ‘‘(II) in the case of the last 7 plan years in ning with the final scheduled installment, to not performed during such calendar year), such 9-plan-year period, the amounts nec- the extent necessary to limit the present over essary to amortize the balance of such short- value of such subsequent shortfall amortiza- ‘‘(BB) $1,000,000, plus fall amortization base in level annual in- tion installments (after application of this ‘‘(bb) the amount of assets set aside or re- stallments over such last 7 plan years (deter- subparagraph) to the present value of the reserved (directly or indirectly) in a trust (or mined using the segment rates determined maining unamortized shortfall amortization other arrangement as determined by the Sec- under subparagraph (C) of subsection (h)(2) base. retary), or transferred to such a trust or for the applicable plan year, applied under ‘‘(iii) INSTALLMENT ACCELERATION other arrangement, during the calendar year rules similar to the rules of subparagraph (B) AMOUNT.—For purposes of this subpara- by a plan sponsor for purposes of paying de- of subsection (h)(2)). graph— ferred compensation of an employee under a ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall ‘‘(I) IN GENERAL.—The term ‘installment nonqualified deferred compensation plan (as amortization installments described in this acceleration amount’ means, with respect to defined in section 409A) of the plan sponsor. clause are the amounts under subparagraphs any plan year in a restriction period with re- ‘‘(II) NO DOUBLE COUNTING.—No amount (A) and (B) determined by substituting ‘15 spect to an applicable plan year, the sum shall be taken into account under subclause plan-year period’ for ‘7-plan-year period’. of— (I) more than once. ‘‘(iv) ELECTION.— ‘‘(aa) the aggregate amount of excess em- ‘‘(III) EMPLOYEE; REMUNERATION.—For pur- ‘‘(I) IN GENERAL.—The plan sponsor may, ployee compensation determined under poses of this clause, the term ‘employee’ in- with respect to a plan, elect, with respect to clause (iv) for the plan year, plus cludes, with respect to a calendar year, a any of not more than 2 applicable plan years, ‘‘(bb) the dividend and redemption amount self-employed individual who is treated as an to determine shortfall amortization install- determined under clause (v) for the plan employee under section 401(c) for the taxable ments under this subparagraph. An election year. year ending during such calendar year, and under either clause (ii) or clause (iii) may be ‘‘(II) CUMULATIVE LIMITATION.—The install- the term ‘remuneration’ shall include earned made with respect to either of such applica- ment acceleration amount for any plan year income of such an individual. ble plan years. shall not exceed the excess (if any) of— ‘‘(IV) CERTAIN PAYMENTS UNDER EXISTING ‘‘(II) ELIGIBILITY FOR ELECTION.—An elec- ‘‘(aa) the sum of the shortfall amortization CONTRACTS.—There shall not be taken into tion may be made to determine shortfall am- installments for the plan year and all pre- account under subclause (I) any remunera- ortization installments under this subpara- ceding plan years in the amortization period tion consisting of nonqualified deferred com- graph with respect to a plan only if, as of the elected under subparagraph (D) with respect pensation, restricted stock (or restricted date of the election— to the shortfall amortization base with re- stock units), stock options, or stock appre- ‘‘(aa) the plan sponsor is not a debtor in a spect to an applicable year, determined with- ciation rights payable or granted under a case under title 11, United States Code, or out regard to subparagraph (D) and this sub- written binding contract that was in effect similar Federal or State law, paragraph, over on March 1, 2010, and which was not modified

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4671 in any material respect before such remu- shall only be taken into account dividends (i) by striking ‘‘subsection (e)’’ each place neration is paid. declared, and redemptions occurring, after it appears in subsection (a) and paragraphs ‘‘(V) ONLY REMUNERATION FOR POST-2009 February 28, 2010. (1) and (3) of subsection (c) and inserting SERVICES COUNTED.—Remuneration shall be ‘‘(IV) EXCEPTION FOR INTRA-GROUP DIVI- ‘‘subsections (e) and (f)’’; taken into account under subclause (I)(aa) DENDS.—Dividends paid by one member of a (ii) by striking ‘‘subsection (e)’’ in sub- only to the extent attributable to services controlled group (as defined in section section (c)(2)(A) and inserting ‘‘subsection performed by the employee for the plan spon- 412(d)(3)) to another member of such group (e), (f), or both, as the case may be’’; and sor after December 31, 2009. shall not be taken into account under sub- (iii) by redesignating subsection (f) as sub- ‘‘(VI) COMMISSIONS.— clause (I). section (g) and by inserting after subsection ‘‘(aa) IN GENERAL.—There shall not be ‘‘(V) EXCEPTION FOR STOCK DIVIDENDS.—Any (e) the following new subsection: taken into account under subclause (I)(aa) distribution by the plan sponsor to its share- ‘‘(f) NOTICE IN CONNECTION WITH SHORTFALL any remuneration payable on a commission holders of stock issued by the plan sponsor AMORTIZATION ELECTION.— basis solely on account of income directly shall not be taken into account under sub- ‘‘(1) IN GENERAL.—Not later 30 days after generated by the individual performance of clause (I). the date of an election under clause (iv) of the individual to whom such remuneration is ‘‘(VI) EXCEPTION FOR CERTAIN REDEMP- section 430(c)(2)(D) in connection with a payable. TIONS.—The following shall not be taken into plan, the plan administrator shall provide ‘‘(bb) SPECIFIED EMPLOYEES.—Item (aa) account under subclause (I): notice of such election in accordance with shall not apply in the case of any specified ‘‘(aa) Redemptions of securities which, at this subsection to each plan participant and employee (within the meaning of section the time of redemption, are not listed on an beneficiary, each labor organization rep- 409A(a)(2)(B)(i)) or any employee who would established securities market and— resenting such participants and bene- be such a specified employee if the plan ‘‘(AA) are made pursuant to a pension plan ficiaries, and the Pension Benefit Guaranty sponsor were a corporation described in such that is qualified under section 401 or a share- Corporation. section. holder-approved program, or ‘‘(2) MATTERS INCLUDED IN NOTICE.—Each notice provided pursuant to this subsection ‘‘(VII) INDEXING OF AMOUNT.—In the case of ‘‘(BB) are made on account of an employ- any calendar year beginning after 2010, the ee’s termination of employment with the shall set forth— dollar amount under subclause (I)(aa)(BB) plan sponsor, or the death or disability of a ‘‘(A) a statement that recently enacted shall be increased by an amount equal to— shareholder. legislation permits employers to delay pen- ‘‘(aa) such dollar amount, multiplied by ‘‘(bb) Redemptions of securities which are sion funding; ‘‘(B) with respect to required contribu- ‘‘(bb) the cost-of-living adjustment deter- not, immediately after issuance, listed on an tions— mined under section 1(f)(3) for the calendar established securities market and are, or had ‘‘(i) the amount of contributions that year, determined by substituting ‘calendar previously been— would have been required had the election year 2009’ for ‘calendar year 1992’ in subpara- ‘‘(AA) held, directly or indirectly, by, or not been made; graph (B) thereof. for the benefit of, the Federal Government or a Federal reserve bank, or ‘‘(ii) the amount of the reduction in re- If the amount of any increase under clause ‘‘(BB) held by a national government (or a quired contributions for the applicable plan (i) is not a multiple of $20,000, such increase government-related entity of such a govern- year that occurs on account of the election; shall be rounded to the next lowest multiple ment) or an employee benefit plan if such and of $20,000. shares are substantially identical to shares ‘‘(iii) the number of plan years to which ‘‘(v) CERTAIN DIVIDENDS AND REDEMP- described in subitem (AA). such reduction will apply; TIONS.— ‘‘(vi) OTHER DEFINITIONS AND RULES.—For ‘‘(C) with respect to a plan’s funding status ‘‘(I) IN GENERAL.—The dividend and re- purposes of this subparagraph— as of the end of the plan year preceding the demption amount determined under this ‘‘(I) PLAN SPONSOR.—The term ‘plan spon- applicable plan year— clause for any plan year is the lesser of— sor’ includes any group of which the plan ‘‘(i) the liabilities determined under sec- ‘‘(aa) the excess of— sponsor is a member and which is treated as tion 4010(d)(1)(A) of the Employee Retire- ‘‘(AA) the sum of the dividends paid during a single employer under subsection (b), (c), ment Income Security Act of 1974; and the plan year by the plan sponsor, plus the (m), or (o) of section 414. ‘‘(ii) the market value of assets of the plan; amounts paid for the redemption of stock of ‘‘(II) RESTRICTION PERIOD.—The term ‘re- and the plan sponsor redeemed during the plan striction period’ means, with respect to any ‘‘(D) with respect to installment accelera- year, over applicable plan year with respect to which tion amounts (as defined in section ‘‘(BB) an amount equal to the average of an election is made under subparagraph (D)— 430(c)(2)(F)(iii)(I))— adjusted annual net income of the plan spon- ‘‘(aa) except as provided in item (bb), the 3- ‘‘(i) an explanation of section 430(c)(2)(F) sor for the last 5 fiscal years of the plan year period beginning with the applicable (relating to increases in shortfall amortiza- sponsor ending before such plan year, or plan year (or, if later, the first plan year be- tion installments in cases of excess com- ‘‘(bb) the sum of— ginning after December 31, 2009), or pensation or certain dividends or stock re- ‘‘(AA) the amounts paid for the redemption ‘‘(bb) if the plan sponsor elects 15-year am- demptions); and of stock of the plan sponsor redeemed during ortization for the shortfall amortization base ‘‘(ii) a statement that increases in required the plan year, plus for the applicable plan year, the 5-year pe- contributions may occur in the event of fu- ‘‘(BB) the excess of dividends paid during riod beginning with such plan year (or, if ture payments of excess employee compensa- the plan year by the plan sponsor over the later, the first plan year beginning after De- tion or certain share repurchasing or divi- dividend base amount. cember 31, 2009). dend activity and that subsequent notices of ‘‘(II) DEFINITIONS.— ‘‘(III) ELECTIONS FOR MULTIPLE PLANS.—If a any such payments or activity will be pro- ‘‘(aa) ADJUSTED ANNUAL NET INCOME.—For plan sponsor makes elections under subpara- vided in the annual funding notice provided purposes of subclause (I)(aa)(BB), the term graph (D) with respect to 2 or more plans, pursuant to section 101(f) of the Employee ‘adjusted annual net income’ with respect to the Secretary shall provide rules for the ap- Retirement Income Security Act of 1974. any fiscal year means annual net income, de- plication of this subparagraph to such plans, ‘‘(3) OTHER REQUIREMENTS.— termined in accordance with generally ac- including rules for the ratable allocation of ‘‘(A) FORM.—The notice required by para- cepted accounting principles (before after- any installment acceleration amount among graph (1) shall be written in a manner cal- tax gain or loss on any sale of assets), but such plans on the basis of each plan’s rel- culated to be understood by the average plan without regard to any reduction by reason of ative reduction in the plan’s shortfall amor- participant and shall provide sufficient in- depreciation or amortization, except that in tization installment for the first plan year in formation (as determined in accordance with no event shall adjusted annual net income the amortization period described in clause regulations or other guidance of general ap- for any fiscal year be less than zero. (i) (determined without regard to this sub- plicability prescribed by the Secretary) to ‘‘(bb) DIVIDEND BASE AMOUNT.—For pur- paragraph). allow plan participants and beneficiaries to poses of this clause, the term ‘dividend base ‘‘(G) MERGERS AND ACQUISITIONS.—The Sec- understand the effect of the election. The amount’ means, with respect to a plan year, retary shall prescribe rules for the applica- Secretary shall prescribe a model notice that an amount equal to the greater of— tion of subparagraphs (D) and (F) in any case a plan administrator may use to satisfy the ‘‘(AA) the median of the amounts of the where there is a merger or acquisition in- requirements of paragraph (1). dividends paid during each of the last 5 fiscal volving a plan sponsor making the election ‘‘(B) PROVISION TO DESIGNATED PERSONS.— years of the plan sponsor ending before such under subparagraph (D). Any notice under paragraph (1) may be pro- plan year, or ‘‘(H) REGULATIONS AND GUIDANCE.—The vided to a person designated, in writing, by ‘‘(BB) the amount of dividends paid during Secretary may prescribe such regulations the person to which it would otherwise be such plan year on preferred stock that was and other guidance of general applicability provided.’’. issued on or before May 21, 2010, or that is re- as the Secretary may determine necessary to (B) CONFORMING AMENDMENT.—Subsection placement stock for such preferred stock. achieve the purposes of subparagraphs (D) (g) of section 4980F of such Code is amended ‘‘(III) ONLY CERTAIN POST-2009 DIVIDENDS and (F).’’. by inserting ‘‘or (f)’’ after ‘‘subsection (e)’’. AND REDEMPTIONS COUNTED.—For purposes of (2) NOTICE REQUIREMENT.— (3) DISREGARD OF INSTALLMENT ACCELERA- subclause (I) (other than for purposes of cal- (A) IN GENERAL.—Section 4980F of such TION AMOUNTS IN DETERMINING QUARTERLY culating the dividend base amount), there Code is amended— CONTRIBUTIONS.—Section 430(j)(3) of such

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4672 CONGRESSIONAL RECORD — SENATE June 8, 2010 Code is amended by adding at the end the tion of this subsection with respect to the made by this subtitle and subtitle B apply to following new subparagraph: plan, for purposes of applying section 302(d) the plan. ‘‘(F) DISREGARD OF INSTALLMENT ACCELERA- of such Act (as in effect before the amend- ‘‘(4) INCREASED UNFUNDED NEW LIABILITY.— TION AMOUNTS.—Subparagraph (D) shall be ments made by this subtitle and subtitle B) The term ‘increased unfunded new liability’ applied without regard to any increase under and section 412(l) of such Code (as so in ef- means, with respect to a year, the excess (if subsection (c)(2)(F).’’. fect)— any) of the unfunded new liability over the (4) CONFORMING AMENDMENT.—Paragraph ‘‘(1) in the case of the increased unfunded amount of unfunded new liability deter- (1) of section 430(c) of such Code is amended new liability of the plan, the applicable per- mined as if the value of the plan’s assets de- by striking ‘‘the shortfall amortization bases centage described in paragraph (4)(C) of such termined under subsection 302(c)(2) of such for such plan year and each of the 6 pre- section 302(d) and paragraph (4)(C) of such Act (as in effect before the amendments ceding plan years’’ and inserting ‘‘any short- section 412(l) for any pre-effective date plan made by this subtitle and subtitle B) and fall amortization base which has not been year beginning with or after the applicable section 412(c)(2) of such Code (as so in effect) fully amortized under this subsection’’. plan year shall be the ratio of— equaled the product of the current liability (c) EFFECTIVE DATE.—The amendments ‘‘(A) the annual installments payable in of the plan for the year multiplied by the made by this section shall apply to plan each plan year if the increased unfunded new funded current liability percentage (as de- years beginning after December 31, 2007. liability for such plan year were amortized fined in section 302(d)(8)(B) of such Act (as so SEC. 302. APPLICATION OF EXTENDED AMORTI- in equal installments over the period begin- in effect) and 412(l)(8)(B) of such Code (as so ZATION PERIOD TO PLANS SUBJECT ning with such plan year and ending with the in effect)) of the plan for the second plan TO PRIOR LAW FUNDING RULES. last plan year in the period of 15 plan years year preceding the first applicable plan year (a) IN GENERAL.—Title I of the Pension beginning with the applicable plan year, of such plan for which an election under this Protection Act of 2006 is amended by redesig- using an interest rate equal to the third seg- section is made. nating section 107 as section 108 and by in- ment rate described in sections 104(b), 105(b), ‘‘(5) OTHER DEFINITIONS.—The terms ‘un- serting the following after section 106: and 106(b) of this Act, to funded new liability’ and ‘current liability’ ‘‘SEC. 107. APPLICATION OF FUNDING RELIEF TO ‘‘(B) the increased unfunded new liability shall have the meanings set forth in section PLANS WITH DELAYED EFFECTIVE for such plan year, 302(d) of such Act (as so in effect) and section DATE. ‘‘(2) in the case of the excess of the un- 412(l) of such Code (as so in effect). ‘‘(a) ALTERNATIVE ELECTIONS.— funded new liability over the increased un- ‘‘(6) ADDITIONAL FUNDING CHARGE INCREASE ‘‘(1) IN GENERAL.—Subject to this section, a funded new liability, such applicable per- NOT TO EXCEED RELIEF.— plan sponsor of a plan to which section 104, centage shall be determined without regard ‘‘(A) ELECTION UNDER SUBSECTION (B).—In 105, or 106 of this Act applies may either to this section, and the case of an election under subsection (b), elect the application of subsection (b) with ‘‘(3) the additional funding charge with re- an increase resulting from the application of respect to the plan for not more than 2 appli- spect to the plan for a plan year shall be in- subsection (b)(2) in the additional funding cable plan years or elect the application of creased by an amount equal to the install- charge with respect to a plan for a plan year subsection (c) with respect to the plan for 1 ment acceleration amount (as defined in sec- shall not exceed the excess (if any) of— applicable plan year. tion 303(c)(2)(F)(iii) of such Act (as amended ‘‘(i) the deficit reduction contribution ‘‘(2) ELIGIBILITY FOR ELECTIONS.—An elec- by the American Jobs and Closing Tax Loop- under section 302(d)(2) of such Act (as so in tion may be made by a plan sponsor under holes Act of 2010 and section 430(c)(2)(F)(iii) effect) and section 412(l)(2) of such Code (as paragraph (1) with respect to a plan only if of such Code (as so amended)) with respect to so in effect) for such plan year, determined at the time of the election— the plan sponsor for such plan year, deter- as if the election had not been made, over ‘‘(A) the plan sponsor is not a debtor in a mined without regard to subclause (II) of ‘‘(ii) the deficit reduction contribution case under title 11, United States Code, or such sections 303(c)(2)(F)(iii) and under such sections for such plan (deter- 430(c)(2)(F)(iii). similar Federal or State law, mined without regard to any increase under ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For ‘‘(B) there are no accumulated funding de- subsection (b)(2)). ficiencies (as defined in section 302(a)(2) of purposes of this section— ‘‘(B) ELECTION UNDER SUBSECTION (C).—An ‘‘(1) APPLICABLE PLAN YEAR.— the Employee Retirement Income Security increase resulting from the application of ‘‘(A) IN GENERAL.—The term ‘applicable Act of 1974 (as in effect immediately before subsection (c)(3) in the additional funding the enactment of this Act) or in section plan year’ with respect to a plan means, subject to the election of the plan sponsor under charge with respect to a plan for a plan year 412(a) of the Internal Revenue Code of 1986 shall not exceed the excess (if any) of— (as so in effect)) with respect to the plan, subsection (a), a plan year beginning in 2009, 2010, or 2011. ‘‘(i) the sum of the deficit reduction con- ‘‘(C) there is no lien in favor of the plan tributions under section 302(d)(2) of such Act ‘‘(B) ELECTION.— under section 302(d) (as so in effect) or under (as so in effect) and section 412(l)(2) of such section 412(n) of such Code (as so in effect), ‘‘(i) IN GENERAL.—The election described in subsection (a) shall be made at such times, Code (as so in effect) for such plan for such and plan year and for all preceding plan years be- ‘‘(D) a distress termination has not been and in such form and manner, as shall be prescribed by the Secretary of the Treasury. ginning with or after the applicable plan initiated for the plan under section 4041(c) of year, determined as if the election had not ‘‘(ii) REDUCTION IN YEARS WHICH MAY BE the Employee Retirement Income Security been made, over ELECTED.—The number of applicable plan Act of 1974. ‘‘(ii) the sum of the deficit reduction con- ‘‘(b) ALTERNATIVE ADDITIONAL FUNDING years for which an election may be made tributions under such sections for such plan CHARGE.—If the plan sponsor elects the ap- under section 303(c)(2)(D) of the Employee years (determined without regard to any in- plication of this subsection with respect to Retirement Income Security Act of 1974 (as crease under subsection (c)(3)). the plan, for purposes of applying section amended by the American Jobs and Closing ‘‘(e) NOTICE.—Not later 30 days after the Tax Loopholes Act of 2010) or section 302(d) of the Employee Retirement Income date of an election under subsection (a) in 430(c)(2)(D) of the Internal Revenue Code of Security Act of 1974 (as in effect before the connection with a plan, the plan adminis- 1986 (as so amended) shall be reduced by the amendments made by this subtitle and sub- trator shall provide notice pursuant to, and title B) and section 412(l) of the Internal number of applicable plan years for which an subject to, rules similar to the rules of sec- Revenue Code of 1986 (as so in effect)— election under this section is made. tions 204(k) of the Employee Retirement In- ‘‘(1) the deficit reduction contribution ‘‘(C) ALLOCATION OF INSTALLMENT ACCEL- come Security Act of 1974 (as amended by under paragraph (2) of such section 302(d) and ERATION AMOUNT FOR MULTIPLE PLAN ELEC- the American Jobs and Closing Tax Loop- paragraph (2) of such section 412(l) for such TION.—In the case of an election under this holes Act of 2010) and 4980F(f) of the Internal plan for any applicable plan year, shall be section with respect to 2 or more plans by Revenue Code of 1986 (as so amended).’’. zero, and the same plan sponsor, the installment ac- (b) ELIGIBLE CHARITY PLANS.—Section 104 ‘‘(2) the additional funding charge under celeration amount shall be apportioned rat- of such Act is amended— paragraph (1) of such section 302(d) and para- ably with respect to such plans in proportion (1) by striking ‘‘eligible cooperative plan’’ graph (1) of such section 412(l) for such plan to the deficit reduction contributions of the wherever it appears in subsections (a) and (b) for any applicable plan year shall be in- plans determined without regard to sub- and inserting ‘‘eligible cooperative plan or creased by an amount equal to the install- section (b)(1). an eligible charity plan’’; and ment acceleration amount (as defined in sec- ‘‘(2) PLAN SPONSOR.—The term ‘plan spon- (2) by adding at the end the following new tions 303(c)(2)(F)(iii)(I) of such Act (as sor’ shall have the meaning provided such subsection: amended by the American Jobs and Closing term in section 303(c)(2)(F)(vi)(I) of the Em- ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For Tax Loopholes Act of 2010) and ployee Retirement Income Security Act of purposes of this section, a plan shall be 430(c)(2)(F)(iii)(I) of such Code (as so amend- 1974 (as amended by the American Jobs and treated as an eligible charity plan for a plan ed)) with respect to the plan sponsor for such Closing Tax Loopholes Act of 2010) and sec- year if— plan year, determined by treating the later tion 430(c)(2)(F)(vi)(I) of the Internal Rev- ‘‘(1) the plan is maintained by one or more of such plan year or the first plan year be- enue Code of 1986 (as so amended). employers employing employees who are ac- ginning after December 31, 2009, as the re- ‘‘(3) PRE-EFFECTIVE DATE PLAN YEAR.—The cruing benefits based on service for the plan striction period. term ‘pre-effective date plan year’ means, year, ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- with respect to a plan, any plan year prior to ‘‘(2) such employees are employed in at TION.—If the plan sponsor elects the applica- the first year in which the amendments least 20 States,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4673 ‘‘(3) each such employee (other than a de date for which occurs on or after the date of ‘‘(A) the funding target attainment per- minimis number of employees) is employed the enactment of this Act and before Janu- centage (as defined in subsection (d)(2)(B)) at by an employer described in section 501(c)(3) ary 1, 2011. the end of the preceding plan year of a plan of such Code and the primary exempt pur- (c) APPLICATION OF CREDIT BALANCE WITH maintained by the contributing sponsor or pose of each such employer is to provide RESPECT TO LIMITATIONS ON SHUTDOWN BENE- any member of its controlled group is less services with respect to children, and FITS AND UNPREDICTABLE CONTINGENT EVENT than 80 percent; or ‘‘(4) the plan sponsor elects (at such time BENEFITS.—With respect to plan years begin- ‘‘(B) the aggregate unfunded vested bene- and in such form and manner as shall be pre- ning on or before December 31, 2011, in apply- fits (as determined under section scribed by the Secretary of the Treasury) to ing paragraph (5)(C) of subsection (g) of sec- 4006(a)(3)(E)(iii)) of plans maintained by the be so treated. tion 206 of the Employee Retirement Income contributing sponsor and the members of its Any election under this subsection may be Security Act of 1974 and subsection (f)(3) of controlled group exceed $75,000,000 (dis- revoked only with the consent of the Sec- section 436 of the Internal Revenue Code of regarding plans with no unfunded vested ben- retary of the Treasury.’’. 1986 in the case of unpredictable contingent efits);’’. (c) REGULATIONS.—The Secretary of the events (within the meaning of section (b) EFFECTIVE DATE.—The amendment Treasury may prescribe such regulations as 206(g)(1)(C) of such Act and section 436(b)(3) made by this section shall apply to years be- may be necessary to carry out the purposes of such Code) occurring on or after January ginning after 2009. of the amendments made by this section. 1, 2010, the references, in clause (i) of such SEC. 306. ROLLOVER OF AMOUNTS RECEIVED IN (d) EFFECTIVE DATE.— paragraph (5)(C) and subparagraph (A) of AIRLINE CARRIER BANKRUPTCY. (1) IN GENERAL.—The amendment made by such subsection (f)(3), to paragraph (1)(B) of (a) GENERAL RULES.— subsection (a) shall apply to plan years be- such subsection (g) and subsection (b)(2) of (1) ROLLOVER OF AIRLINE PAYMENT ginning on or after January 1, 2009. such section 436 shall be disregarded. AMOUNT.—If a qualified airline employee re- (2) ELIGIBLE CHARITY PLANS.—The amend- SEC. 304. LOOKBACK FOR CREDIT BALANCE ceives any airline payment amount and ments made by subsection (b) shall apply to RULE. transfers any portion of such amount to a plan years beginning after December 31, 2009. (a) AMENDMENT TO ERISA.—Paragraph (3) of traditional IRA within 180 days of receipt of SEC. 303. SUSPENSION OF CERTAIN FUNDING section 303(f) of the Employee Retirement such amount (or, if later, within 180 days of LEVEL LIMITATIONS. Income Security Act of 1974 is amended by the date of the enactment of this Act), then (a) LIMITATIONS ON BENEFIT ACCRUALS.— adding the following at the end thereof: such amount (to the extent so transferred) Section 203 of the Worker, Retiree, and Em- ‘‘(D) SPECIAL RULE FOR CERTAIN PLAN shall be treated as a rollover contribution ployer Recovery Act of 2008 (Public Law 110– YEARS.— described in section 402(c) of the Internal 458; 122 Stat. 5118) is amended— ‘‘(i) IN GENERAL.—For purposes of applying Revenue Code of 1986. A qualified airline em- (1) by striking ‘‘the first plan year begin- subparagraph (C) for plan years beginning ployee making such a transfer may exclude ning during the period beginning on October after June 30, 2009, and on or before Decem- from gross income the amount transferred, 1, 2008, and ending on September 30, 2009’’ ber 31, 2011, the ratio determined under such in the taxable year in which the airline pay- and inserting ‘‘any plan year beginning dur- subparagraph for the preceding plan year ment amount was paid to the qualified air- ing the period beginning on October 1, 2008, shall be the greater of— line employee by the commercial passenger and ending on December 31, 2011’’; ‘‘(I) such ratio, as determined without re- airline carrier. (2) by striking ‘‘substituting’’ and all that gard to this subparagraph, or (2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO follows through ‘‘for such plan year’’ and in- ‘‘(II) the ratio for such plan for the plan AIRLINE PAYMENT AMOUNT FOLLOWING ROLL- serting ‘‘substituting for such percentage the year beginning after June 30, 2007, and on or OVER TO ROTH IRA.—A qualified airline em- plan’s adjusted funding target attainment before June 30, 2008, as determined under ployee who has contributed an airline pay- percentage for the last plan year ending be- rules prescribed by the Secretary of the ment amount to a Roth IRA that is treated fore September 30, 2009,’’; and Treasury. as a qualified rollover contribution pursuant (3) by striking ‘‘for the preceding plan year ‘‘(ii) SPECIAL RULE.—In the case of a plan to section 125 of the Worker, Retiree, and is greater’’ and inserting ‘‘for such last plan for which the valuation date is not the first Employer Recovery Act of 2008 may transfer year is greater’’. day of the plan year— to a traditional IRA, in a trustee-to-trustee (b) SOCIAL SECURITY LEVEL-INCOME OP- ‘‘(I) clause (i) shall apply to plan years be- transfer, all or any part of the contribution TIONS.— ginning after December 31, 2008, and on or be- (together with any net income allocable to (1) ERISA AMENDMENT.—Section fore December 31, 2010, and such contribution), and the transfer to the 206(g)(3)(E) of the Employee Retirement In- ‘‘(II) clause (i)(II) shall apply based on the traditional IRA will be deemed to have been come Security Act of 1974 is amended by add- last plan year beginning before July 1, 2007, made at the time of the rollover to the Roth ing at the end the following new sentence: as determined under rules prescribed by the IRA, if such transfer is made within 180 days ‘‘For purposes of applying clause (i) in the Secretary of the Treasury.’’. of the date of the enactment of this Act. A case of payments the annuity starting date (b) AMENDMENT TO INTERNAL REVENUE CODE qualified airline employee making such a for which occurs on or before December 31, OF 1986.—Paragraph (3) of section 430(f) of the transfer may exclude from gross income the 2011, payments under a social security lev- Internal Revenue Code of 1986 is amended by airline payment amount previously rolled eling option shall be treated as not in excess adding the following at the end thereof: over to the Roth IRA, to the extent an of the monthly amount paid under a single ‘‘(D) SPECIAL RULE FOR CERTAIN PLAN amount attributable to the previous rollover life annuity (plus an amount not in excess of YEARS.— was transferred to a traditional IRA, in the a social security supplement described in the ‘‘(i) IN GENERAL.—For purposes of applying taxable year in which the airline payment last sentence of section 204(b)(1)(G)).’’. subparagraph (C) for plan years beginning amount was paid to the qualified airline em- (2) IRC AMENDMENT.—Section 436(d)(5) of after June 30, 2009, and on or before Decem- ployee by the commercial passenger airline the Internal Revenue Code of 1986 is amended ber 31, 2011, the ratio determined under such carrier. No amount so transferred to a tradi- by adding at the end the following new sen- subparagraph for the preceding plan year tional IRA may be treated as a qualified roll- tence: ‘‘For purposes of applying subpara- shall be the greater of— over contribution with respect to a Roth IRA graph (A) in the case of payments the annu- ‘‘(I) such ratio, as determined without re- within the 5-taxable year period beginning ity starting date for which occurs on or be- gard to this subparagraph, or with the taxable year in which such transfer fore December 31, 2011, payments under a so- ‘‘(II) the ratio for such plan for the plan was made. cial security leveling option shall be treated year beginning after June 30, 2007, and on or (3) EXTENSION OF TIME TO FILE CLAIM FOR as not in excess of the monthly amount paid before June 30, 2008, as determined under REFUND.—A qualified airline employee who under a single life annuity (plus an amount rules prescribed by the Secretary. excludes an amount from gross income in a not in excess of a social security supplement ‘‘(ii) SPECIAL RULE.—In the case of a plan prior taxable year under paragraph (1) or (2) described in the last sentence of section for which the valuation date is not the first may reflect such exclusion in a claim for re- 411(a)(9)).’’. day of the plan year— fund filed within the period of limitation (3) EFFECTIVE DATE.— ‘‘(I) clause (i) shall apply to plan years be- under section 6511(a) (or, if later, April 15, (A) IN GENERAL.—The amendments made ginning after December 31, 2008, and on or be- 2011). by this subsection shall apply to annuity fore December 31, 2010, and (b) TREATMENT OF AIRLINE PAYMENT payments the annuity starting date for ‘‘(II) clause (i)(II) shall apply based on the AMOUNTS AND TRANSFERS FOR EMPLOYMENT which occurs on or after January 1, 2011. last plan year beginning before July 1, 2007, TAXES.—For purposes of chapter 21 of the In- (B) PERMITTED APPLICATION.—A plan shall as determined under rules prescribed by the ternal Revenue Code of 1986 and section 209 not be treated as failing to meet the require- Secretary.’’. of the Social Security Act, an airline payments of sections 206(g) of the Employee Re- SEC. 305. INFORMATION REPORTING. ment amount shall not fail to be treated as tirement Income Security Act of 1974 (as (a) IN GENERAL.—Section 4010(b) of the Em- a payment of wages by the commercial pas- amended by this subsection) and section ployee Retirement Security Act of 1974 (29 senger airline carrier to the qualified airline 436(d) of the Internal Revenue Code of 1986 U.S.C. 1310(b)) is amended by striking para- employee in the taxable year of payment be- (as so amended) if the plan sponsor elects to graph (1) and inserting the following: cause such amount is excluded from the apply the amendments made by this sub- ‘‘(1) either of the following requirements qualified airline employee’s gross income section to payments the annuity starting are met: under subsection (a).

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4674 CONGRESSIONAL RECORD — SENATE June 8, 2010

(c) DEFINITIONS AND SPECIAL RULES.—For after June 30, 2008, as an experience loss sep- lowing the plan year the investment loss is purposes of this section— arate from other experience losses or gains incurred is the same as determined under (1) AIRLINE PAYMENT AMOUNT.— to be amortized in equal annual installments subclause (IV), but the remaining 1⁄2 of the (A) IN GENERAL.—The term ‘‘airline pay- (until fully amortized) over the period— net investment loss is allocated ratably over ment amount’’ means any payment of any ‘‘(I) beginning with the plan year for which the period beginning with the third plan year money or other property which is payable by the allocable portion is determined, and following the plan year the net investment a commercial passenger airline carrier to a ‘‘(II) ending with the last plan year in the loss is incurred and ending with the last plan qualified airline employee— 30-plan year period beginning with the plan year in the extended smoothing period. (i) under the approval of an order of a Fed- year following the plan year in which such ‘‘(VI) SPECIAL RULE FOR OVERSTATEMENT OF eral bankruptcy court in a case filed after net investment loss was incurred. LOSS.—If, for a plan year, there is an experi- September 11, 2001, and before January 1, ‘‘(ii) COORDINATION WITH EXTENSIONS.—If an ence loss for the plan and the amount de- 2007; and election is made under clause (i) for any plan scribed in subclause (III) exceeds the total year— (ii) in respect of the qualified airline em- amount of the experience loss for the plan ‘‘(I) no extension of the amortization pe- ployee’s interest in a bankruptcy claim year, then the excess shall be treated as an riod under clause (i) shall be allowed under against the carrier, any note of the carrier experience gain. (or amount paid in lieu of a note being subsection (d), and ‘‘(VII) SPECIAL RULE IN YEARS FOR WHICH issued), or any other fixed obligation of the ‘‘(II) if an extension was granted under OVERALL EXPERIENCE IS GAIN.—If, for a plan subsection (d) for any plan year before the carrier to pay a lump sum amount. year, there is no experience loss for the plan, The amount of such payment shall be deter- plan year for which the election under this subparagraph is made, such extension shall then, in addition to amortization of net in- mined without regard to any requirement to vestment losses under clause (i), the amount deduct and withhold tax from such payment not result in such amortization period exceeding 30 years. described in subclause (III) shall be treated under sections 3102(a) and 3402(a). as an experience gain in addition to any ‘‘(iii) DEFINITIONS AND RULES.—For pur- (B) EXCEPTION.—An airline payment poses of this subparagraph— other experience gain. amount shall not include any amount pay- ‘‘(B) SOLVENCY TEST.— ‘‘(I) NET INVESTMENT LOSSES.— able on the basis of the carrier’s future earn- ‘‘(i) IN GENERAL.—An election may be made ings or profits. ‘‘(aa) IN GENERAL.—The net investment loss incurred by a plan in a plan year is under this paragraph if the election includes (2) QUALIFIED AIRLINE EMPLOYEE.—The equal to the excess of— certification by the plan actuary in connec- term ‘‘qualified airline employee’’ means an tion with the election that the plan is pro- employee or former employee of a commer- ‘‘(AA) the expected value of the assets as of the end of the plan year, over jected to have a funded percentage at the end cial passenger airline carrier who was a par- of the first 15 plan years that is not less than ticipant in a defined benefit plan maintained ‘‘(BB) the market value of the assets as of the end of the plan year, 100 percent of the funded percentage for the by the carrier which— plan year of the election. including any difference attributable to a (A) is a plan described in section 401(a) of ‘‘(ii) FUNDED PERCENTAGE.—For purposes of criminally fraudulent investment arrange- the Internal Revenue Code of 1986 which in- clause (i), the term ‘funded percentage’ has ment. cludes a trust exempt from tax under section the meaning provided in section 305(i)(2), ex- ‘‘(bb) EXPECTED VALUE.—For purposes of 501(a) of such Code; and cept that the value of the plan’s assets re- item (aa), the expected value of the assets as (B) was terminated or became subject to ferred to in section 305(i)(2)(A) shall be the of the end of a plan year is the excess of— the restrictions contained in paragraphs (2) market value of such assets. and (3) of section 402(b) of the Pension Pro- ‘‘(AA) the market value of the assets at ‘‘(iii) ACTUARIAL ASSUMPTIONS.—In making tection Act of 2006. the beginning of the plan year plus contributions made during the plan year, over any certification under this subparagraph, (3) TRADITIONAL IRA.—The term ‘‘tradi- the plan actuary shall use the same actu- tional IRA’’ means an individual retirement ‘‘(BB) disbursements made during the plan arial estimates, assumptions, and methods plan (as defined in section 7701(a)(37) of the year. as those applicable for the most recent cer- Internal Revenue Code of 1986) which is not The amounts described in subitems (AA) and tification under section 305, except that the a Roth IRA. (BB) shall be adjusted with interest at the plan actuary may take into account benefit (4) ROTH IRA.—The term ‘‘Roth IRA’’ has valuation rate to the end of the plan year. reductions and increases in contribution the meaning given such term by section ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT rates, under either funding improvement 408A(b) of such Code. ARRANGEMENTS.—The determination as to plans adopted under section 305(c) or under (d) SURVIVING SPOUSE.—If a qualified air- whether an arrangement is a criminally section 432(c) of the Internal Revenue Code line employee died after receiving an airline fraudulent investment arrangement shall be of 1986 or rehabilitation plans adopted under payment amount, or if an airline payment made under rules substantially similar to section 305(e) or under section 432(e) of such amount was paid to the surviving spouse of a the rules prescribed by the Secretary of the Code, that the plan actuary reasonably an- qualified airline employee in respect of the Treasury for purposes of section 165 of the ticipates will occur without regard to any qualified airline employee, the surviving Internal Revenue Code of 1986. change in status of the plan resulting from spouse of the qualified airline employee may ‘‘(III) AMOUNT ATTRIBUTABLE TO ALLOCABLE the election. take all actions permitted under section 125 PORTION OF NET INVESTMENT LOSS.—The ‘‘(C) ADDITIONAL RESTRICTION ON BENEFIT of the Worker, Retiree and Employer Recov- amount attributable to the allocable portion INCREASES.—If an election is made under sub- ery Act of 2008, or under this section, to the of the net investment loss for a plan year paragraph (A), then, in addition to any other same extent that the qualified airline em- shall be an amount equal to the allocable applicable restrictions on benefit increases, ployee could have done had the qualified air- portion of net investment loss for the plan line employee survived. year under subclauses (IV) and (V), increased a plan amendment which is adopted on or (e) EFFECTIVE DATE.—This section shall with interest at the valuation rate deter- after March 10, 2010, and which increases apply to transfers made after the date of the mined from the plan year after the plan year benefits may not go into effect during the enactment of this Act with respect to airline in which the net investment loss was in- period beginning on such date and ending payment amounts paid before, on, or after curred. with the second plan year beginning after such date. ‘‘(IV) ALLOCABLE PORTION OF NET INVEST- such date unless— Subtitle B—Multiemployer Plans MENT LOSSES.—Except as provided in sub- ‘‘(i) the plan actuary certifies that— SEC. 311. OPTIONAL USE OF 30-YEAR AMORTIZA- clause (V), the net investment loss incurred ‘‘(I) any such increase is paid for out of ad- TION PERIODS. in a plan year shall be allocated among the ditional contributions not allocated to the (a) ELECTIVE SPECIAL RELIEF RULES.— 5 plan years following the plan year in which plan immediately before the election to have (1) ERISA AMENDMENT.—Section 304(b) of the investment loss is incurred in accordance this paragraph apply to the plan, and the Employee Retirement Income Security with the following table: ‘‘(II) the plan’s funded percentage and pro- jected credit balances for the first 3 plan Act of 1974 is amended by adding at the end ‘‘Plan year after the years ending on or after such date are rea- the following new paragraph: plan year in which sonably expected to be at least as high as ‘‘(8) ELECTIVE SPECIAL RELIEF RULES.—Not- the net investment Allocable portion of withstanding any other provision of this sub- loss was incurred net investment loss such percentage and balances would have section— 1st ...... 1⁄2 been if the benefit increase had not been ‘‘(A) AMORTIZATION OF NET INVESTMENT 2nd ...... 0 adopted, or LOSSES.— 3rd ...... 1⁄6 ‘‘(ii) the amendment is required as a condi- ‘‘(i) IN GENERAL.—The plan sponsor of a 4th ...... 1⁄6 tion of qualification under part I of sub- multiemployer plan with respect to which 5th ...... 1⁄6 chapter D of chapter 1 of the Internal Rev- the solvency test under subparagraph (B) is ‘‘(V) SPECIAL RULE FOR PLANS THAT ADOPT enue Code of 1986 or to comply with other ap- met may elect to treat the portion of any ex- LONGER SMOOTHER PERIOD.—If a plan sponsor plicable law. perience loss or gain for a plan year that is elects an extended smoothing period for its ‘‘(D) TIME, FORM, AND MANNER OF ELEC- attributable to the allocable portion of the asset valuation method under subsection TION.—An election under this paragraph net investment losses incurred in either or (c)(2)(B), then the allocable portion of net in- shall be made not later than June 30, 2011, both of the first two plan years ending on or vestment loss for the first two plan years fol- and shall be made in such form and manner

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4675 as the Secretary of the Treasury may pre- with interest at the valuation rate deter- benefits may not go into effect during the scribe. mined from the plan year after the plan year period beginning on such date and ending ‘‘(E) REPORTING.—A plan sponsor of a plan in which the net investment loss was in- with the second plan year beginning after to which this paragraph applies shall— curred. such date unless— ‘‘(i) give notice of such election to partici- ‘‘(IV) ALLOCABLE PORTION OF NET INVEST- ‘‘(i) the plan actuary certifies that— pants and beneficiaries of the plan, and MENT LOSSES.—Except as provided in sub- ‘‘(I) any such increase is paid for out of ad- ‘‘(ii) inform the Pension Benefit Guaranty clause (V), the net investment loss incurred ditional contributions not allocated to the Corporation of such election in such form in a plan year shall be allocated among the plan immediately before the election to have and manner as the Pension Benefit Guaranty 5 plan years following the plan year in which this paragraph apply to the plan, and Corporation may prescribe.’’. the investment loss is incurred in accordance ‘‘(II) the plan’s funded percentage and pro- (2) IRC AMENDMENT.—Section 431(b) of the with the following table: jected credit balances for the first 3 plan Internal Revenue Code of 1986 is amended by ‘‘Plan year after the years ending on or after such date are rea- adding at the end the following new para- plan year in which sonably expected to be at least as high as graph: the net investment Allocable portion of such percentage and balances would have ‘‘(8) ELECTIVE SPECIAL RELIEF RULES.—Not- loss was incurred net investment loss been if the benefit increase had not been withstanding any other provision of this sub- 1st ...... 1⁄2 adopted, or section— 2nd ...... 0 ‘‘(ii) the amendment is required as a condi- MORTIZATION OF NET INVESTMENT ‘‘(A) A 3rd ...... 1⁄6 tion of qualification under part I or to com- LOSSES.— 4th ...... 1⁄6 ply with other applicable law. ‘‘(i) IN GENERAL.—The plan sponsor of a 5th ...... 1⁄6 ‘‘(D) TIME, FORM, AND MANNER OF ELEC- multiemployer plan with respect to which ‘‘(V) SPECIAL RULE FOR PLANS THAT ADOPT TION.—An election under this paragraph the solvency test under subparagraph (B) is LONGER SMOOTHER PERIOD.—If a plan sponsor shall be made not later than June 30, 2011, met may elect to treat the portion of any ex- elects an extended smoothing period for its and shall be made in such form and manner perience loss or gain for a plan year that is asset valuation method under subsection as the Secretary may prescribe. attributable to the allocable portion of the (c)(2)(B), then the allocable portion of net in- ‘‘(E) REPORTING.—A plan sponsor of a plan net investment losses incurred in either or vestment loss for the first two plan years fol- to which this paragraph applies shall— both of the first two plan years ending on or lowing the plan year the investment loss is ‘‘(i) give notice of such election to partici- after June 30, 2008, as an experience loss sep- incurred is the same as determined under pants and beneficiaries of the plan, and arate from other experience losses and gains subclause (IV), but the remaining 1⁄2 of the ‘‘(ii) inform the Pension Benefit Guaranty to be amortized in equal annual installments net investment loss is allocated ratably over Corporation of such election in such form (until fully amortized) over the period— the period beginning with the third plan year and manner as the Pension Benefit Guaranty ‘‘(I) beginning with the plan year for which following the plan year the net investment Corporation may prescribe.’’. the allocable portion is determined, and loss is incurred and ending with the last plan (b) ASSET SMOOTHING FOR MULTIEMPLOYER ‘‘(II) ending with the last plan year in the year in the extended smoothing period. PLANS.— 30-plan year period beginning with the plan ‘‘(VI) SPECIAL RULE FOR OVERSTATEMENT OF (1) ERISA AMENDMENT.—Section 304(c)(2) of year following the plan year in which such LOSS.—If, for a plan year, there is an experi- the Employee Retirement Income Security net investment loss was incurred. ence loss for the plan and the amount de- Act of 1974 (29 U.S.C. 1084(c)(2)) is amended— ‘‘(ii) COORDINATION WITH EXTENSIONS.—If an scribed in subclause (III) exceeds the total (A) by redesignating subparagraph (B) as election is made under clause (i) for any plan amount of the experience loss for the plan subparagraph (C); and year— year, then the excess shall be treated as an (B) by inserting after subparagraph (A) the ‘‘(I) no extension of the amortization pe- experience gain. following new subparagraph: riod under clause (i) shall be allowed under ‘‘(VII) SPECIAL RULE IN YEARS FOR WHICH ‘‘(B) EXTENDED ASSET SMOOTHING PERIOD subsection (d), and OVERALL EXPERIENCE IS GAIN.—If, for a plan FOR CERTAIN INVESTMENT LOSSES.—The Sec- ‘‘(II) if an extension was granted under year, there is no experience loss for the plan, retary of the Treasury shall not treat the subsection (d) for any plan year before the then, in addition to amortization of net in- asset valuation method of a multiemployer plan year for which the election under this vestment losses under clause (i), the amount plan as unreasonable solely because such subparagraph is made, such extension shall described in subclause (III) shall be treated method spreads the difference between ex- not result in such amortization period ex- as an experience gain in addition to any pected and actual returns for either or both ceeding 30 years. other experience gain. of the first 2 plan years ending on or after ‘‘(iii) DEFINITIONS AND RULES.—For pur- ‘‘(B) SOLVENCY TEST.— June 30, 2008, over a period of not more than poses of this subparagraph— ‘‘(i) IN GENERAL.—An election may be made 10 years. Any change in valuation method to ‘‘(I) NET INVESTMENT LOSSES.— under this paragraph if the election includes so spread such difference shall be treated as ‘‘(aa) IN GENERAL.—The net investment certification by the plan actuary in connec- approved, but only if, in the case that the loss incurred by a plan in a plan year is tion with the election that the plan is pro- plan sponsor has made an election under sub- equal to the excess of— jected to have a funded percentage at the end section (b)(8), any resulting change in asset ‘‘(AA) the expected value of the assets as of of the first 15 plan years that is not less than value is treated for purposes of amortization the end of the plan year, over 100 percent of the funded percentage for the as a net experience loss or gain.’’. ‘‘(BB) the market value of the assets as of plan year of the election. (2) IRC AMENDMENT.—Section 431(c)(2) of the end of the plan year, ‘‘(ii) FUNDED PERCENTAGE.—For purposes of the Internal Revenue Code of 1986 is amend- including any difference attributable to a clause (i), the term ‘funded percentage’ has ed— criminally fraudulent investment arrange- the meaning provided in section 432(i)(2), ex- (A) by redesignating subparagraph (B) as ment. cept that the value of the plan’s assets re- subparagraph (C); and ‘‘(bb) EXPECTED VALUE.—For purposes of ferred to in section 432(i)(2)(A) shall be the (B) by inserting after subparagraph (A) the item (aa), the expected value of the assets as market value of such assets. following new subparagraph: of the end of a plan year is the excess of— ‘‘(iii) ACTUARIAL ASSUMPTIONS.—In making ‘‘(B) EXTENDED ASSET SMOOTHING PERIOD ‘‘(AA) the market value of the assets at any certification under this subparagraph, FOR CERTAIN INVESTMENT LOSSES.—The Sec- the beginning of the plan year plus contribu- the plan actuary shall use the same actu- retary shall not treat the asset valuation tions made during the plan year, over arial estimates, assumptions, and methods method of a multiemployer plan as unrea- ‘‘(BB) disbursements made during the plan as those applicable for the most recent cer- sonable solely because such method spreads year. tification under section 432, except that the the difference between expected and actual The amounts described in subitems (AA) and plan actuary may take into account benefit returns for either or both of the first 2 plan (BB) shall be adjusted with interest at the reductions and increases in contribution years ending on or after June 30, 2008, over a valuation rate to the end of the plan year. rates, under either funding improvement period of not more than 10 years. Any change ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT plans adopted under section 432(c) or under in valuation method to so spread such dif- ARRANGEMENTS.—The determination as to section 305(c) of the Employee Retirement ference shall be treated as approved, but whether an arrangement is a criminally Income Security Act of 1974 or rehabilitation only if, in the case that the plan sponsor has fraudulent investment arrangement shall be plans adopted under section 432(e) or under made an election under subsection (b)(8), any made under rules substantially similar to section 305(e) of such Act, that the plan actu- resulting change in asset value is treated for the rules prescribed by the Secretary for pur- ary reasonably anticipates will occur with- purposes of amortization as a net experience poses of section 165. out regard to any change in status of the loss or gain.’’. ‘‘(III) AMOUNT ATTRIBUTABLE TO ALLOCABLE plan resulting from the election. (c) EFFECTIVE DATE AND SPECIAL RULES.— PORTION OF NET INVESTMENT LOSS.—The ‘‘(C) ADDITIONAL RESTRICTION ON BENEFIT (1) EFFECTIVE DATE.—The amendments amount attributable to the allocable portion INCREASES.—If an election is made under sub- made by this section shall take effect as of of the net investment loss for a plan year paragraph (A), then, in addition to any other the first day of the first plan year beginning shall be an amount equal to the allocable applicable restrictions on benefit increases, after June 30, 2008, except that any election portion of net investment loss for the plan a plan amendment which is adopted on or a plan sponsor makes pursuant to this sec- year under subclauses (IV) and (V), increased after March 10, 2010, and which increases tion or the amendments made thereby that

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4676 CONGRESSIONAL RECORD — SENATE June 8, 2010 affects the plan’s funding standard account such form and manner as the Secretary may alternative schedule of contribution rates for any plan year beginning before October 1, prescribe.’’. and related benefit changes meeting the re- 2009, shall be disregarded for purposes of ap- (2) REHABILITATION PERIOD.—Section quirements of clause (ii) as the default plying the provisions of section 305 of the 432(e)(4) of such Code is amended— schedule, in lieu of the default schedule re- Employee Retirement Income Security Act (A) by redesignating subparagraph (B) as ferred to in subparagraph (C)(i). of 1974 and section 432 of the Internal Rev- subparagraph (C); ‘‘(ii) REQUIREMENTS.—An alternative sched- enue Code of 1986 to that plan year. (B) in last sentence of subparagraph (A), by ule designated pursuant to clause (i) meets (2) DEEMED APPROVAL FOR CERTAIN FUNDING striking ‘‘subparagraph (B)’’ each place it ap- the requirements of this clause if such sched- METHOD CHANGES.—In the case of a multiem- pears and inserting ‘‘subparagraph (C)’’; and ule has been adopted in collective bargaining ployer plan with respect to which an election (C) by inserting after subparagraph (A) the agreements covering at least 75 percent of has been made under section 304(b)(8) of the following new subparagraph: the active participants as of the date of the Employee Retirement Income Security Act ‘‘(B) ELECTION TO EXTEND PERIOD.—The designation.’’. of 1974 (as amended by this section) or sec- plan sponsor of a plan in critical status may (b) INTERNAL REVENUE CODE AMEND- tion 431(b)(8) of the Internal Revenue Code of elect to extend the rehabilitation period by MENTS.— 1986 (as so amended)— up to five years, reduced by any extension of (1) ENDANGERED STATUS.—Section 432(c)(7) (A) any change in the plan’s funding meth- the period previously elected pursuant to of the Internal Revenue Code of 1986 is od for a plan year beginning on or after July section 205 of the Worker, Retiree and Em- amended by adding at the end the following 1, 2008, and on or before December 31, 2010, ployer Relief Act of 2008. Such an election new subparagraph: shall be made not later than June 30, 2011, from a method that does not establish a base ‘‘(C) ALTERNATIVE DEFAULT SCHEDULE.— and in such form and manner as the Sec- for experience gains and losses to one that ‘‘(i) IN GENERAL.—A plan sponsor may, for does establish such a base shall be treated as retary may prescribe.’’. purposes of this paragraph, designate an al- (c) EFFECTIVE DATE.—The amendments approved by the Secretary of the Treasury; ternative schedule of contribution rates and and made by this section shall apply with respect to funding improvement periods and reha- related benefit changes meeting the require- (B) any resulting funding method change ments of clause (ii) as the default schedule, base shall be treated for purposes of amorti- bilitation periods in connection with funding improvement plans and rehabilitation plans in lieu of the default schedule referred to in zation as a net experience loss or gain. adopted or updated on or after the date of subparagraph (A). SEC. 312. OPTIONAL LONGER RECOVERY PERI- the enactment of this Act. ‘‘(ii) REQUIREMENTS.—An alternative sched- ODS FOR MULTIEMPLOYER PLANS SEC. 313. MODIFICATION OF CERTAIN AMORTIZA- ule designated pursuant to clause (i) meets IN ENDANGERED OR CRITICAL STA- TION EXTENSIONS UNDER PRIOR the requirements of this clause if such sched- TUS. LAW. ule has been adopted in collective bargaining (a) ERISA AMENDMENTS.— (a) IN GENERAL.—In the case of an amorti- agreements covering at least 75 percent of (1) FUNDING IMPROVEMENT PERIOD.—Section zation extension that was granted to a mul- the active participants as of the date of the 305(c)(4) of the Employee Retirement Income tiemployer plan under the terms of section designation.’’. Security Act of 1974 is amended— 304 of the Employee Retirement Income Se- (2) CRITICAL STATUS.—Section 432(e)(3) of (A) by redesignating subparagraphs (C) and curity Act of 1974 (as in effect immediately such Code is amended by adding at the end (D) as subparagraphs (D) and (E), respec- prior to enactment of the Pension Protection the following new subparagraph: tively; and Act of 2006) or section 412(e) of the Internal ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— (B) by inserting after subparagraph (B) the Revenue Code (as so in effect), the deter- ‘‘(i) IN GENERAL.—A plan sponsor may, for following new subparagraph: mination of whether any financial condition purposes of subparagraph (C), designate an ‘‘(C) ELECTION TO EXTEND PERIOD.—The on the amortization extension is satisfied alternative schedule of contribution rates plan sponsor of an endangered or seriously shall be made by assuming that for any plan and related benefit changes meeting the re- endangered plan may elect to extend the ap- year that contains some or all of the period quirements of clause (ii) as the default plicable funding improvement period by up beginning June 30, 2008, and ending October schedule, in lieu of the default schedule re- to 5 years, reduced by any extension of the 31, 2008, the actual rate of return on the plan ferred to in subparagraph (C)(i). period previously elected pursuant to section assets was equal to the interest rate used for ‘‘(ii) REQUIREMENTS.—An alternative sched- 205 of the Worker, Retiree and Employer Re- purposes of charging or crediting the funding ule designated pursuant to clause (i) meets lief Act of 2008. Such an election shall be standard account in such plan year, unless the requirements of this clause if such sched- made not later than June 30, 2011, and in the plan sponsor elects otherwise in such ule has been adopted in collective bargaining such form and manner as the Secretary of form and manner as shall be prescribed by agreements covering at least 75 percent of the Treasury may prescribe.’’. the Secretary of Treasury. the active participants as of the date of the (b) REVOCATION OF AMORTIZATION EXTEN- (2) REHABILITATION PERIOD.—Section designation.’’. SIONS.—The plan sponsor of a multiemployer 305(e)(4) of such Act is amended— plan may, in such form and manner and after (c) EFFECTIVE DATE.—The amendments (A) by redesignating subparagraph (B) as such notice as may be prescribed by the Sec- made by this section shall apply to designa- subparagraph (C); retary, revoke any amortization extension tions of default schedules by plan sponsors (B) in last sentence of subparagraph (A), by described in subsection (a), effective for plan on or after the date of the enactment of this striking ‘‘subparagraph (B)’’ each place it ap- years following the date of the revocation. Act. pears and inserting ‘‘subparagraph (C)’’; and SEC. 314. ALTERNATIVE DEFAULT SCHEDULE (d) CROSS-REFERENCE.—For sunset of the (C) by inserting after subparagraph (A) the FOR PLANS IN ENDANGERED OR amendments made by this section, see sec- following new subparagraph: CRITICAL STATUS. tion 221(c) of the Pension Protection Act of LECTION TO EXTEND PERIOD.—The ‘‘(B) E (a) ERISA AMENDMENTS.— 2006. plan sponsor of a plan in critical status may (1) ENDANGERED STATUS.—Section 305(c)(7) elect to extend the rehabilitation period by of the Employee Retirement Income Secu- SEC. 315. TRANSITION RULE FOR CERTIFI- CATIONS OF PLAN STATUS. up to five years, reduced by any extension of rity Act of 1974 (29 U.S.C. 1085(c)(7)) is the period previously elected pursuant to amended by adding at the end the following (a) IN GENERAL.—A plan actuary shall not section 205 of the Worker, Retiree and Em- new subparagraph: be treated as failing to meet the require- ployer Relief Act of 2008. Such an election ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— ments of section 305(b)(3)(A) of the Employee shall be made not later than June 30, 2011, ‘‘(i) IN GENERAL.—A plan sponsor may, for Retirement Income Security Act of 1974 and and in such form and manner as the Sec- purposes of this paragraph, designate an al- section 432(b)(3)(A) of the Internal Revenue retary of the Treasury may prescribe.’’. ternative schedule of contribution rates and Code of 1986 in connection with a certifi- (b) IRC AMENDMENTS.— related benefit changes meeting the require- cation required under such sections the dead- (1) FUNDING IMPROVEMENT PERIOD.—Section ments of clause (ii) as the default schedule, line for which is after the date of the enact- 432(c)(4) of the Internal Revenue Code of 1986 in lieu of the default schedule referred to in ment of this Act if the plan actuary makes is amended— subparagraph (A). such certification at any time earlier than 75 (A) by redesignating subparagraphs (C) and ‘‘(ii) REQUIREMENTS.—An alternative sched- days after the date of the enactment of this (D) as subparagraphs (D) and (E), respec- ule designated pursuant to clause (i) meets Act. tively; and the requirements of this clause if such sched- (b) REVISION OF PRIOR CERTIFICATION.— (B) by inserting after subparagraph (B) the ule has been adopted in collective bargaining (1) IN GENERAL.—If— following new subparagraph: agreements covering at least 75 percent of (A) a plan sponsor makes an election under ‘‘(C) ELECTION TO EXTEND PERIOD.—The the active participants as of the date of the section 304(b)(8) of the Employee Retirement plan sponsor of an endangered or seriously designation.’’. Income Security Act of 1974 and section endangered plan may elect to extend the ap- (2) CRITICAL STATUS.—Section 305(e)(3) of 431(b)(8) of the Internal Revenue Code of 1986, plicable funding improvement period by up such Act (29 U.S.C. 1085(e)(3)) is amended by or under section 304(c)(2)(B) of such Act and to 5 years, reduced by any extension of the adding at the end the following new subpara- section 432(c)(2)(B) such Code, with respect period previously elected pursuant to section graph: to a plan for a plan year beginning on or 205 of the Worker, Retiree and Employer Re- ‘‘(D) ALTERNATIVE DEFAULT SCHEDULE.— after October 1, 2009; and lief Act of 2008. Such an election shall be ‘‘(i) IN GENERAL.—A plan sponsor may, for (B) the plan actuary’s certification of the made not later than June 30, 2011, and in purposes of subparagraph (C), designate an plan status for such plan year (hereinafter in

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this subsection referred to as ‘‘original cer- ‘‘(2) TREATMENT OF FOREIGN TAXES AFTER SEC. 402. DENIAL OF FOREIGN TAX CREDIT WITH tification’’) did not take into account any SUSPENSION.—In the case of any foreign in- RESPECT TO FOREIGN INCOME NOT election so made, come tax not taken into account by reason SUBJECT TO UNITED STATES TAX- ATION BY REASON OF COVERED then the plan sponsor may direct the plan of subsection (a) or (b), except as otherwise ASSET ACQUISITIONS. actuary to make a new certification with re- provided by the Secretary, such tax shall be (a) IN GENERAL.—Section 901 is amended by spect to the plan for the plan year which so taken into account in the taxable year re- redesignating subsection (m) as subsection takes into account such election (hereinafter ferred to in such subsection (other than for (n) and by inserting after subsection (l) the in this subsection referred to as ‘‘new certifi- purposes of section 986(a)) as a foreign in- following new subsection: cation’’) if the plan’s status under section 305 come tax paid or accrued in such taxable ‘‘(m) DENIAL OF FOREIGN TAX CREDIT WITH of such Act and section 432 of such Code year. RESPECT TO FOREIGN INCOME NOT SUBJECT TO would change as a result of such election. ‘‘(d) DEFINITIONS.—For purposes of this sec- UNITED STATES TAXATION BY REASON OF COV- Any such new certification shall be treated tion— ERED ASSET ACQUISITIONS.— as the most recent certification referred to ‘‘(1) FOREIGN TAX CREDIT SPLITTING ‘‘(1) IN GENERAL.—In the case of a covered in section 304(b)(3)(B)(iii) of such Act and EVENT.—There is a foreign tax credit split- asset acquisition, the disqualified portion of section 431(b)(8)(B)(iii) of such Code. ting event with respect to a foreign income any foreign income tax determined with re- (2) DUE DATE FOR NEW CERTIFICATION.—Any tax if the related income is (or will be) taken spect to the income or gain attributable to such new certification shall be made pursu- into account under this chapter by a covered the relevant foreign assets— ant to section 305(b)(3) of such Act and sec- person. ‘‘(A) shall not be taken into account in de- tion 432(b)(3) of such Code; except that any ‘‘(2) FOREIGN INCOME TAX.—The term ‘for- termining the credit allowed under sub- such new certification shall be made not eign income tax’ means any income, war section (a), and later than 75 days after the date of the enact- profits, or excess profits tax paid or accrued ‘‘(B) in the case of a foreign income tax ment of this Act. to any foreign country or to any possession paid by a section 902 corporation (as defined (3) NOTICE.— of the United States. in section 909(d)(5)), shall not be taken into (A) IN GENERAL.—Except as provided in ‘‘(3) RELATED INCOME.—The term ‘related account for purposes of section 902 or 960. subparagraph (B), any such new certification income’ means, with respect to any portion ‘‘(2) COVERED ASSET ACQUISITION.—For pur- shall be treated as the original certification of any foreign income tax, the income (or, as poses of this section, the term ‘covered asset for purposes of section 305(b)(3)(D) of such appropriate, earnings and profits) to which acquisition’ means— Act and section 432(b)(3)(D) of such Code. such portion of foreign income tax relates. ‘‘(A) a qualified stock purchase (as defined in section 338(d)(3)) to which section 338(a) (B) NOTICE ALREADY PROVIDED.—In any case ‘‘(4) COVERED PERSON.—The term ‘covered in which notice has been provided under such person’ means, with respect to any person applies, sections with respect to the original certifi- who pays or accrues a foreign income tax ‘‘(B) any transaction which— ‘‘(i) is treated as an acquisition of assets cation, not later than 30 days after the new (hereafter in this paragraph referred to as for purposes of this chapter, and certification is made, the plan sponsor shall the ‘payor’)— ‘‘(ii) is treated as the acquisition of stock provide notice of any change in status under ‘‘(A) any entity in which the payor holds, of a corporation (or is disregarded) for pur- rules similar to the rules such sections. directly or indirectly, at least a 10 percent poses of the foreign income taxes of the rel- (4) EFFECT OF CHANGE IN STATUS.—If a plan ownership interest (determined by vote or evant jurisdiction, ceases to be in critical status pursuant to value), ‘‘(C) any acquisition of an interest in a the new certification, then the plan shall, ‘‘(B) any person which holds, directly or in- partnership which has an election in effect not later than 30 days after the due date de- directly, at least a 10 percent ownership in- under section 754, and scribed in paragraph (2), cease any restric- terest (determined by vote or value) in the tion of benefit payments, and imposition of ‘‘(D) to the extent provided by the Sec- payor, retary, any other similar transaction. contribution surcharges, under section 305 of ‘‘(C) any person which bears a relationship such Act and section 432 of such Code by rea- ‘‘(3) DISQUALIFIED PORTION.—For purposes to the payor described in section 267(b) or of this section— son of the original certification. 707(b), and ‘‘(A) IN GENERAL.—The term ‘disqualified TITLE IV—REVENUE OFFSETS ‘‘(D) any other person specified by the Sec- portion’ means, with respect to any covered Subtitle A—Foreign Provisions retary for purposes of this paragraph. asset acquisition, for any taxable year, the SEC. 401. RULES TO PREVENT SPLITTING FOR- ‘‘(5) SECTION 902 CORPORATION.—The term ratio (expressed as a percentage) of— EIGN TAX CREDITS FROM THE IN- ‘section 902 corporation’ means any foreign ‘‘(i) the aggregate basis differences (but COME TO WHICH THEY RELATE. corporation with respect to which one or not below zero) allocable to such taxable (a) IN GENERAL.—Subpart A of part III of more domestic corporations meets the own- year under subparagraph (B) with respect to subchapter N of chapter 1 is amended by add- ership requirements of subsection (a) or (b) all relevant foreign assets, divided by ing at the end the following new section: of section 902. ‘‘(ii) the income on which the foreign in- ‘‘SEC. 909. SUSPENSION OF TAXES AND CREDITS ‘‘(e) REGULATIONS.—The Secretary may come tax referred to in paragraph (1) is de- UNTIL RELATED INCOME TAKEN issue such regulations or other guidance as termined (or, if the taxpayer fails to sub- INTO ACCOUNT. is necessary or appropriate to carry out the stantiate such income to the satisfaction of ‘‘(a) IN GENERAL.—If there is a foreign tax the Secretary, such income shall be deter- credit splitting event with respect to a for- purposes of this section, including regula- mined by dividing the amount of such foreign income tax paid or accrued by the tax- tions or other guidance which provides— payer, such tax shall not be taken into ac- ‘‘(1) appropriate exceptions from the provi- eign income tax by the highest marginal tax count for purposes of this title before the sions of this section, and rate applicable to such income in the rel- taxable year in which the related income is ‘‘(2) for the proper application of this sec- evant jurisdiction). taken into account under this chapter by the tion with respect to hybrid instruments.’’. ‘‘(B) ALLOCATION OF BASIS DIFFERENCE.— For purposes of subparagraph (A)(i)— taxpayer. (b) CLERICAL AMENDMENT.—The table of N GENERAL.—The basis difference with ‘‘(b) SPECIAL RULES WITH RESPECT TO SEC- sections for subpart A of part III of sub- ‘‘(i) I respect to any relevant foreign asset shall be TION 902 CORPORATIONS.—If there is a foreign chapter N of chapter 1 is amended by adding allocated to taxable years using the applica- tax credit splitting event with respect to a at the end the following new item: foreign income tax paid or accrued by a sec- ble cost recovery method under this chapter. tion 902 corporation, such tax shall not be ‘‘Sec. 909. Suspension of taxes and credits ‘‘(ii) SPECIAL RULE FOR DISPOSITION OF AS- taken into account— until related income taken into SETS.—Except as otherwise provided by the ‘‘(1) for purposes of section 902 or 960, or account.’’. Secretary, in the case of the disposition of any relevant foreign asset— ‘‘(2) for purposes of determining earnings (c) EFFECTIVE DATE.—The amendments and profits under section 964(a), ‘‘(I) the basis difference allocated to the made by this section shall apply to— taxable year which includes the date of such before the taxable year in which the related (1) foreign income taxes (as defined in sec- income is taken into account under this disposition shall be the excess of the basis tion 909(d) of the Internal Revenue Code of chapter by such section 902 corporation or a difference with respect to such asset over the 1986, as added by this section) paid or ac- domestic corporation which meets the own- aggregate basis difference with respect to crued after May 20, 2010; and ership requirements of subsection (a) or (b) such asset which has been allocated under (2) foreign income taxes (as so defined) of section 902 with respect to such section 902 clause (i) to all prior taxable years, and corporation. paid or accrued by a section 902 corporation ‘‘(II) no basis difference with respect to ‘‘(c) SPECIAL RULES.—For purposes of this (as so defined) on or before such date (and such asset shall be allocated under clause (i) section— not deemed paid under section 902(a) or 960 of to any taxable year thereafter. ‘‘(1) APPLICATION TO PARTNERSHIPS, ETC.— such Code on or before such date), but only ‘‘(C) BASIS DIFFERENCE.— In the case of a partnership, subsections (a) for purposes of applying sections 902 and 960 ‘‘(i) IN GENERAL.—The term ‘basis dif- and (b) shall be applied at the partner level. with respect to periods after such date. ference’ means, with respect to any relevant Except as otherwise provided by the Sec- Section 909(b)(2) of the Internal Revenue foreign asset, the excess of— retary, a rule similar to the rule of the pre- Code of 1986, as added by this section, shall ‘‘(I) the adjusted basis of such asset imme- ceding sentence shall apply in the case of not apply to foreign income taxes described diately after the covered asset acquisition, any S corporation or trust. in paragraph (2). over

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4678 CONGRESSIONAL RECORD — SENATE June 8, 2010 ‘‘(II) the adjusted basis of such asset imme- ‘‘(i) without regard to any treaty obliga- (and subparagraph (A) shall not apply) if diately before the covered asset acquisition. tion of the United States, any item of in- more than 50 percent of the dividends arising ‘‘(ii) BUILT-IN LOSS ASSETS.—In the case of come would be treated as derived from from such acquisition (determined without a relevant foreign asset with respect to sources within the United States, regard to this subparagraph) would not— which the amount described in clause (i)(II) ‘‘(ii) under a treaty obligation of the ‘‘(i) be subject to tax under this chapter for exceeds the amount described in clause (i)(I), United States, such item would be treated as the taxable year in which the dividends such excess shall be taken into account arising from sources outside the United arise, or under this subsection as a basis difference of States, and ‘‘(ii) be includible in the earnings and prof- a negative amount. ‘‘(iii) the taxpayer chooses the benefits of its of a controlled foreign corporation (as de- ‘‘(iii) SPECIAL RULE FOR SECTION 338 ELEC- such treaty obligation, fined in section 957 and without regard to TIONS.—In the case of a covered asset acqui- subsections (a), (b), and (c) of this section section 953(c)).’’. sition described in paragraph (2)(A), the cov- and sections 902, 907, and 960 shall be applied (b) EFFECTIVE DATE.—The amendments ered asset acquisition shall be treated for separately with respect to each such item. made by this section shall apply to acquisi- purposes of this subparagraph as occurring ‘‘(B) COORDINATION WITH OTHER PROVI- tions after May 20, 2010. at the close of the acquisition date (as de- SIONS.—This paragraph shall not apply to SEC. 406. MODIFICATION OF AFFILIATION RULES fined in section 338(h)(2)). any item of income to which subsection FOR PURPOSES OF RULES ALLO- ‘‘(4) RELEVANT FOREIGN ASSETS.—For pur- (h)(10) or section 865(h) applies. CATING INTEREST EXPENSE. (a) IN GENERAL.—Subparagraph (A) of sec- poses of this section, the term ‘relevant for- ‘‘(C) REGULATIONS.—The Secretary may eign asset’ means, with respect to any cov- issue such regulations or other guidance as tion 864(e)(5) is amended by adding at the end ered asset acquisition, any asset (including is necessary or appropriate to carry out the the following: ‘‘Notwithstanding the pre- any goodwill, going concern value, or other purposes of this paragraph, including regula- ceding sentence, a foreign corporation shall intangible) with respect to such acquisition tions or other guidance which provides that be treated as a member of the affiliated if income, deduction, gain, or loss attrib- related items of income may be aggregated group if— utable to such asset is taken into account in for purposes of this paragraph.’’. ‘‘(i) more than 50 percent of the gross income of such foreign corporation for the tax- determining the foreign income tax referred (b) EFFECTIVE DATE.—The amendments to in paragraph (1). made by this section shall apply to taxable able year is effectively connected with the ‘‘(5) FOREIGN INCOME TAX.—For purposes of years beginning after the date of the enact- conduct of a trade or business within the this section, the term ‘foreign income tax’ ment of this Act. United States, and means any income, war profits, or excess ‘‘(ii) at least 80 percent of either the vote SEC. 404. LIMITATION ON THE AMOUNT OF FOR- or value of all outstanding stock of such for- profits tax paid or accrued to any foreign EIGN TAXES DEEMED PAID WITH RE- country or to any possession of the United SPECT TO SECTION 956 INCLUSIONS. eign corporation is owned directly or indirectly by members of the affiliated group States. (a) IN GENERAL.—Section 960 is amended by ‘‘(6) TAXES ALLOWED AS A DEDUCTION, ETC.— adding at the end the following new sub- (determined with regard to this sentence).’’. (b) EFFECTIVE DATE.—The amendment Sections 275 and 78 shall not apply to any tax section: made by this section shall apply to taxable which is not allowable as a credit under sub- ‘‘(c) LIMITATION WITH RESPECT TO SECTION years beginning after the date of the enact- section (a) by reason of this subsection. 956 INCLUSIONS.— ment of this Act. ‘‘(7) REGULATIONS.—The Secretary may ‘‘(1) IN GENERAL.—If there is included under issue such regulations or other guidance as section 951(a)(1)(B) in the gross income of a SEC. 407. TERMINATION OF SPECIAL RULES FOR INTEREST AND DIVIDENDS RE- is necessary or appropriate to carry out the domestic corporation any amount attrib- purposes of this subsection, including to ex- CEIVED FROM PERSONS MEETING utable to the earnings and profits of a for- THE 80-PERCENT FOREIGN BUSI- empt from the application of this subsection eign corporation which is a member of a NESS REQUIREMENTS. certain covered asset acquisitions, and rel- qualified group (as defined in section 902(b)) (a) IN GENERAL.—Paragraph (1) of section evant foreign assets with respect to which with respect to the domestic corporation, 861(a) is amended by striking subparagraph the basis difference is de minimis.’’. the amount of any foreign income taxes (A) and by redesignating subparagraphs (B) (b) EFFECTIVE DATE.— deemed to have been paid during the taxable and (C) as subparagraphs (A) and (B), respec- (1) IN GENERAL.—Except as provided in year by such domestic corporation under sec- tively. paragraph (2), the amendments made by this tion 902 by reason of subsection (a) with re- (b) GRANDFATHER RULE WITH RESPECT TO section shall apply to covered asset acquisi- spect to such inclusion in gross income shall WITHHOLDING ON INTEREST AND DIVIDENDS RE- tions (as defined in section 901(m)(2) of the not exceed the amount of the foreign income CEIVED FROM PERSONS MEETING THE 80-PER- Internal Revenue Code of 1986, as added by taxes which would have been deemed to have CENT FOREIGN BUSINESS REQUIREMENTS.— this section) after— been paid during the taxable year by such (1) IN GENERAL.—Subparagraph (B) of sec- (A) May 20, 2010, if the transferor and the domestic corporation if cash in an amount tion 871(i)(2) is amended to read as follows: transferee are related; and equal to the amount of such inclusion in ‘‘(B) The active foreign business percent- (B) the date of the enactment of this Act in gross income were distributed as a series of age of— any other case. distributions (determined without regard to ‘‘(i) any dividend paid by an existing 80/20 (2) TRANSITION RULE.—The amendments any foreign taxes which would be imposed on company, and made by this section shall not apply to any an actual distribution) through the chain of ‘‘(ii) any interest paid by an existing 80/20 covered asset acquisition (as so defined) with ownership which begins with such foreign company.’’. respect to which the transferor and the corporation and ends with such domestic (2) DEFINITIONS AND SPECIAL RULES.—Sec- transferee are not related if such acquisition corporation. tion 871 is amended by redesignating sub- is— ‘‘(2) AUTHORITY TO PREVENT ABUSE.—The sections (l) and (m) as subsections (m) and (A) made pursuant to a written agreement Secretary shall issue such regulations or (n), respectively, and by inserting after sub- which was binding on May 20, 2010, and at all other guidance as is necessary or appropriate section (k) the following new subsection: times thereafter, to carry out the purposes of this subsection, ‘‘(l) RULES RELATING TO EXISTING 80/20 COM- (B) described in a ruling request submitted including regulations or other guidance PANIES.—For purposes of this subsection and to the Internal Revenue Service on or before which prevent the inappropriate use of the subsection (i)(2)(B)— such date; or foreign corporation’s foreign income taxes ‘‘(1) EXISTING 80/20 COMPANY.— (C) described on or before such date in a not deemed paid by reason of paragraph (1).’’. ‘‘(A) IN GENERAL.—The term ‘existing 80/20 public announcement or in a filing with the (b) EFFECTIVE DATE.—The amendment company’ means any corporation if— Securities and Exchange Commission. made by this section shall apply to acquisi- ‘‘(i) such corporation met the 80-percent (3) RELATED PERSONS.—For purposes of this tions of United States property (as defined in foreign business requirements of section subsection, a person shall be treated as re- section 956(c) of the Internal Revenue Code 861(c)(1) (as in effect before the enactment of lated to another person if the relationship of 1986) after May 20, 2010. this subsection) for such corporation’s last between such persons is described in section SEC. 405. SPECIAL RULE WITH RESPECT TO CER- taxable year beginning before January 1, 267 or 707(b) of the Internal Revenue Code of TAIN REDEMPTIONS BY FOREIGN 2011, 1986. SUBSIDIARIES. ‘‘(ii) such corporation meets the 80-percent SEC. 403. SEPARATE APPLICATION OF FOREIGN (a) IN GENERAL.—Paragraph (5) of section foreign business requirements of subpara- TAX CREDIT LIMITATION, ETC., TO 304(b) is amended by redesignating subparagraph (B) with respect to each taxable year ITEMS RESOURCED UNDER TREA- graph (B) as subparagraph (C) and by insert- after the taxable year referred to in clause TIES. ing after subparagraph (A) the following new (i), and (a) IN GENERAL.—Subsection (d) of section subparagraph: ‘‘(iii) there has not been an addition of a 904 is amended by redesignating paragraph ‘‘(B) SPECIAL RULE IN CASE OF FOREIGN AC- substantial line of business with respect to (6) as paragraph (7) and by inserting after QUIRING CORPORATION.—In the case of any ac- such corporation after the date of the enact- paragraph (5) the following new paragraph: quisition to which subsection (a) applies in ment of this subsection. ‘‘(6) SEPARATE APPLICATION TO ITEMS which the acquiring corporation is a foreign ‘‘(B) FOREIGN BUSINESS REQUIREMENTS.— RESOURCED UNDER TREATIES.— corporation, no earnings and profits shall be ‘‘(i) IN GENERAL.—A corporation meets the ‘‘(A) IN GENERAL.—If— taken into account under paragraph (2)(A) 80-percent foreign business requirements of

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4679 this subparagraph if it is shown to the satis- (determined under rules similar to the rules all of its assets at fair market value and dis- faction of the Secretary that at least 80 per- of section 954(d)(3)). tributed the proceeds of such sale (reduced cent of the gross income from all sources of (C) SIGNIFICANT MODIFICATIONS TREATED AS by the liabilities of the partnership) to its such corporation for the testing period is ac- NEW ISSUES.—For purposes of subparagraph partners in liquidation of the partnership, tive foreign business income. (A), a significant modification of the terms and ‘‘(ii) ACTIVE FOREIGN BUSINESS INCOME.— of any obligation (including any extension of ‘‘(B) the person receiving such interest For purposes of clause (i), the term ‘active the term of such obligation) shall be treated shall be treated as having made the election foreign business income’ means gross income as a new issue. under subsection (b)(1) unless such person which— SEC. 408. SOURCE RULES FOR INCOME ON GUAR- makes an election under this paragraph to ‘‘(I) is derived from sources outside the ANTEES. have such subsection not apply.’’. United States (as determined under this sub- (a) AMOUNTS SOURCED WITHIN THE UNITED (b) CONFORMING AMENDMENT.—Paragraph chapter), and STATES.—Subsection (a) of section 861 is (2) of section 83(b) is amended by inserting ‘‘(II) is attributable to the active conduct amended by adding at the end the following ‘‘or subsection (c)(4)(B)’’ after ‘‘paragraph of a trade or business in a foreign country or new paragraph: (1)’’. (c) EFFECTIVE DATE.—The amendments possession of the United States. ‘‘(9) GUARANTEES.—Amounts— made by this section shall apply to interests ‘‘(iii) TESTING PERIOD.—For purposes of ‘‘(A) received with respect to a guarantee in partnerships transferred after the date of this subsection, the term ‘testing period’ of an obligation of a noncorporate resident the enactment of this Act. means the 3-year period ending with the or domestic corporation, and close of the taxable year of the corporation SEC. 412. INCOME OF PARTNERS FOR PER- ‘‘(B) paid by any foreign person with re- FORMING INVESTMENT MANAGE- preceding the payment (or such part of such spect to guarantees if such amount is con- period as may be applicable). If the corpora- MENT SERVICES TREATED AS ORDI- nected with income which is effectively con- NARY INCOME RECEIVED FOR PER- tion has no gross income for such 3-year pe- nected (or treated as effectively connected) FORMANCE OF SERVICES. riod (or part thereof), the testing period with the conduct of a trade or business in the (a) IN GENERAL.—Part I of subchapter K of shall be the taxable year in which the pay- United States.’’. chapter 1 is amended by adding at the end ment is made. (b) AMOUNTS SOURCED WITHOUT THE UNITED the following new section: ‘‘(2) ACTIVE FOREIGN BUSINESS PERCENT- STATES.—Subsection (a) of section 862 is ‘‘SEC. 710. SPECIAL RULES FOR PARTNERS PRO- AGE.—The term ‘active foreign business per- amended by striking ‘‘and’’ at the end of VIDING INVESTMENT MANAGEMENT centage’ means, with respect to any existing paragraph (7), by striking the period at the SERVICES TO PARTNERSHIP. 80/20 company, the percentage which— end of paragraph (8) and inserting ‘‘; and’’, ‘‘(a) TREATMENT OF DISTRIBUTIVE SHARE OF ‘‘(A) the active foreign business income of and by adding at the end the following new PARTNERSHIP ITEMS.—For purposes of this such company for the testing period, is of paragraph: title, in the case of an investment services ‘‘(B) the gross income of such company for ‘‘(9) amounts received with respect to guar- partnership interest— the testing period from all sources. antees other than those derived from sources ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(3) AGGREGATION RULES.—For purposes of within the United States as provided in sec- 702(b)— applying paragraph (1) (other than subpara- ‘‘(A) any net income with respect to such tion 861(a)(9).’’. graph (A)(i) thereof) and paragraph (2)— interest for any partnership taxable year (c) CONFORMING AMENDMENT.—Clause (ii) of ‘‘(A) IN GENERAL.—The corporation referred shall be treated as ordinary income, and section 864(c)(4)(B) is amended by striking to in paragraph (1)(A) and all of such cor- ‘‘(B) any net loss with respect to such in- ‘‘dividends or interest’’ and inserting ‘‘divi- poration’s subsidiaries shall be treated as terest for such year, to the extent not dis- dends, interest, or amounts with respect to one corporation. allowed under paragraph (2) for such year, guarantees’’. ‘‘(B) SUBSIDIARIES.—For purposes of sub- shall be treated as an ordinary loss. paragraph (A), the term ‘subsidiary’ means (d) EFFECTIVE DATE.—The amendments made by this section shall apply to guaran- All items of income, gain, deduction, and any corporation in which the corporation re- loss which are taken into account in com- ferred to in subparagraph (A) owns (directly tees issued after the date of the enactment of this Act. puting net income or net loss shall be treat- or indirectly) stock meeting the require- ed as ordinary income or ordinary loss (as SEC. 409. LIMITATION ON EXTENSION OF STAT- ments of section 1504(a)(2) (determined by the case may be). substituting ‘50 percent’ for ‘80 percent’ each UTE OF LIMITATIONS FOR FAILURE TO NOTIFY SECRETARY OF CERTAIN ‘‘(2) TREATMENT OF LOSSES.— place it appears and without regard to sec- FOREIGN TRANSFERS. ‘‘(A) LIMITATION.—Any net loss with re- tion 1504(b)(3)). (a) IN GENERAL.—Paragraph (8) of section spect to such interest shall be allowed for ‘‘(4) REGULATIONS.—The Secretary may 6501(c) is amended— any partnership taxable year only to the ex- issue such regulations or other guidance as (1) by striking ‘‘In the case of any informa- tent that such loss does not exceed the ex- is necessary or appropriate to carry out the tion’’ and inserting the following: cess (if any) of— purposes of this section, including regula- ‘‘(A) IN GENERAL.—In the case of any infor- ‘‘(i) the aggregate net income with respect tions or other guidance which provide for the mation’’; and to such interest for all prior partnership tax- proper application of the aggregation rules (2) by adding at the end the following: able years, over described in paragraph (3).’’. ‘‘(B) APPLICATION TO FAILURES DUE TO REA- ‘‘(ii) the aggregate net loss with respect to (c) CONFORMING AMENDMENTS.— SONABLE CAUSE.—If the failure to furnish the such interest not disallowed under this sub- (1) Section 861 is amended by striking sub- information referred to in subparagraph (A) paragraph for all prior partnership taxable section (c) and by redesignating subsections is due to reasonable cause and not willful ne- years. (d), (e), and (f) as subsections (c), (d), and (e), glect, subparagraph (A) shall apply only to ‘‘(B) CARRYFORWARD.—Any net loss for any respectively. the item or items related to such failure.’’. partnership taxable year which is not al- (2) Paragraph (9) of section 904(h) is amend- (b) EFFECTIVE DATE.—The amendments lowed by reason of subparagraph (A) shall be ed to read as follows: made by this section shall take effect as if treated as an item of loss with respect to ‘‘(9) TREATMENT OF CERTAIN DOMESTIC COR- included in section 513 of the Hiring Incen- such partnership interest for the succeeding PORATIONS.—In the case of any dividend tives to Restore Employment Act. partnership taxable year. treated as not from sources within the ‘‘(C) BASIS ADJUSTMENT.—No adjustment to United States under section 861(a)(2)(A), the Subtitle B—Personal Service Income Earned the basis of a partnership interest shall be corporation paying such dividend shall be in Pass-thru Entities made on account of any net loss which is not treated for purposes of this subsection as a SEC. 411. PARTNERSHIP INTERESTS TRANS- allowed by reason of subparagraph (A). United States-owned foreign corporation.’’. FERRED IN CONNECTION WITH PER- ‘‘(D) PRIOR PARTNERSHIP YEARS.—Any ref- (3) Subsection (c) of section 2104 is amend- FORMANCE OF SERVICES. erence in this paragraph to prior partnership ed in the last sentence by striking ‘‘or to a (a) MODIFICATION TO ELECTION TO INCLUDE taxable years shall only include prior part- debt obligation of a domestic corporation’’ PARTNERSHIP INTEREST IN GROSS INCOME IN nership taxable years to which this section and all that follows and inserting a period. YEAR OF TRANSFER.—Subsection (c) of sec- applies. (d) EFFECTIVE DATE.— tion 83 is amended by redesignating para- ‘‘(3) NET INCOME AND LOSS.—For purposes of (1) IN GENERAL.—Except as provided in graph (4) as paragraph (5) and by inserting this section— paragraph (2), the amendments made by this after paragraph (3) the following new para- ‘‘(A) NET INCOME.—The term ‘net income’ section shall apply to taxable years begin- graph: means, with respect to any investment serv- ning after December 31, 2010. ‘‘(4) PARTNERSHIP INTERESTS.—Except as ices partnership interest for any partnership (2) GRANDFATHER RULE FOR OUTSTANDING provided by the Secretary, in the case of any taxable year, the excess (if any) of— DEBT OBLIGATIONS.— transfer of an interest in a partnership in ‘‘(i) all items of income and gain taken (A) IN GENERAL.—The amendments made connection with the provision of services to into account by the holder of such interest by this section shall not apply to payments (or for the benefit of) such partnership— under section 702 with respect to such inter- of interest on obligations issued before the ‘‘(A) the fair market value of such interest est for such year, over date of the enactment of this Act. shall be treated for purposes of this section ‘‘(ii) all items of deduction and loss so (B) EXCEPTION FOR RELATED PARTY DEBT.— as being equal to the amount of the distribu- taken into account. Subparagraph (A) shall not apply to any in- tion which the partner would receive if the ‘‘(B) NET LOSS.—The term ‘net loss’ means, terest which is payable to a related person partnership sold (at the time of the transfer) with respect to such interest for such year,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4680 CONGRESSIONAL RECORD — SENATE June 8, 2010 the excess (if any) of the amount described in ment services partnership interest, the relationship between such persons is de- subparagraph (A)(ii) over the amount de- amount of net loss which otherwise would scribed in section 267 or 707(b). scribed in subparagraph (A)(i). have (but for subsection (a)(2)(C)) applied to ‘‘(d) EXCEPTION FOR CERTAIN CAPITAL IN- ‘‘(4) SPECIAL RULE FOR DIVIDENDS.—Any reduce the basis of such interest shall be dis- TERESTS.— dividend taken into account in determining regarded for purposes of this section for all ‘‘(1) IN GENERAL.—In the case of any por- net income or net loss for purposes of para- succeeding partnership taxable years. tion of an investment services partnership graph (1) shall not be treated as qualified ‘‘(6) DISTRIBUTIONS OF PARTNERSHIP PROP- interest which is a qualified capital interest, dividend income for purposes of section 1(h). ERTY.—In the case of any distribution of all items of income, gain, loss, and deduction ‘‘(b) DISPOSITIONS OF PARTNERSHIP INTER- property by a partnership with respect to which are allocated to such qualified capital ESTS.— any investment services partnership interest interest shall not be taken into account ‘‘(1) GAIN.—Any gain on the disposition of held by a partner— under subsection (a) if— an investment services partnership interest ‘‘(A) the excess (if any) of— ‘‘(A) allocations of items are made by the shall be— ‘‘(i) the fair market value of such property partnership to such qualified capital interest ‘‘(A) treated as ordinary income, and at the time of such distribution, over in the same manner as such allocations are ‘‘(B) recognized notwithstanding any other ‘‘(ii) the adjusted basis of such property in made to other qualified capital interests provision of this subtitle. the hands of the partnership, held by partners who do not provide any ‘‘(2) LOSS.—Any loss on the disposition of shall be taken into account as an increase in an investment services partnership interest services described in subsection (c)(1) and such partner’s distributive share of the tax- shall be treated as an ordinary loss to the ex- who are not related to the partner holding able income of the partnership (except to the tent of the excess (if any) of— the qualified capital interest, and extent such excess is otherwise taken into ‘‘(A) the aggregate net income with respect ‘‘(B) the allocations made to such other in- account in determining the taxable income to such interest for all partnership taxable terests are significant compared to the allo- of the partnership), years to which this section applies, over cations made to such qualified capital inter- ‘‘(B) such property shall be treated for pur- ‘‘(B) the aggregate net loss with respect to est. poses of subpart B of part II as money dis- such interest allowed under subsection (a)(2) ‘‘(2) AUTHORITY TO PROVIDE EXCEPTIONS TO tributed to such partner in an amount equal for all partnership taxable years to which ALLOCATION REQUIREMENTS.—To the extent to such fair market value, and this section applies. provided by the Secretary in regulations or ‘‘(C) the basis of such property in the hands ‘‘(3) EXCEPTION FOR CERTAIN DISPOSITIONS other guidance— of such partner shall be such fair market OF INTERESTS IN A PUBLICLY TRADED PARTNER- ‘‘(A) ALLOCATIONS TO PORTION OF QUALIFIED value. SHIP.— CAPITAL INTEREST.—Paragraph (1) may be ap- ‘‘(A) IN GENERAL.—Paragraphs (1), (2), and Subsection (b) of section 734 shall be applied plied separately with respect to a portion of (7) shall not apply in the case of an applica- without regard to the preceding sentence. In a qualified capital interest. ble disposition of an investment services the case of a taxpayer which satisfies re- ‘‘(B) NO OR INSIGNIFICANT ALLOCATIONS TO partnership interest which is an interest in a quirements similar to the requirements of NONSERVICE PROVIDERS.—In any case in publicly traded partnership (as defined in subparagraphs (A) and (B) of paragraph (4), which the requirements of paragraph (1)(B) section 7704) if— this paragraph and paragraph (1)(B) shall not are not satisfied, items of income, gain, loss, ‘‘(i) in the case of a disposition described in apply to the distribution of a partnership in- and deduction shall not be taken into ac- subparagraph (C)(i), neither the individual terest if such distribution is in connection count under subsection (a) to the extent that nor any member of such individual’s family with a contribution (or deemed contribution) such items are properly allocable under such (within the meaning of section 318(a)(1)), or of any property of the partnership to which regulations or other guidance to qualified ‘‘(ii) in the case of a disposition described section 721 applies pursuant to a transaction capital interests. in subparagraph (C)(ii), neither the regulated described in paragraph (1)(B) or (2) of section ‘‘(C) ALLOCATIONS TO SERVICE PROVIDERS’ investment company or real estate invest- 708(b). QUALIFIED CAPITAL INTERESTS WHICH ARE LESS ment trust (nor any person related (within ‘‘(7) APPLICATION OF SECTION 751.—In apply- THAN OTHER ALLOCATIONS.—Allocations shall the meaning of section 267(b)) to such coming section 751, an investment services part- not be treated as failing to meet the require- pany), nership interest shall be treated as an inven- ment of paragraph (1)(A) merely because the has (at any time) provided (directly or indi- tory item. allocations to the qualified capital interest rectly through a partnership, S corporation, ‘‘(c) INVESTMENT SERVICES PARTNERSHIP IN- represent a lower return than the allocations estate or trust) any of the services described TEREST.—For purposes of this section— made to the other qualified capital interests in subsection (c)(1) with respect to assets ‘‘(1) IN GENERAL.—The term ‘investment referred to in such paragraph. held (directly or indirectly) by such publicly services partnership interest’ means any in- ‘‘(3) SPECIAL RULE FOR CHANGES IN SERV- traded partnership. terest in a partnership which is held (di- ICES.—In the case of an interest in a partner- ‘‘(B) LIMITATION ON APPLICATION OF SEC- rectly or indirectly) by any person if it was ship which is not an investment services TION.—This paragraph shall apply to an in- reasonably expected (at the time that such partnership interest and which, by reason of terest in a publicly traded partnership (as person acquired such interest) that such per- a change in the services with respect to as- defined in section 7704) only if substantially son (or any person related to such person) sets held (directly or indirectly) by the part- all of such partnership’s gross income con- would provide (directly or indirectly) a sub- nership, would (without regard to the rea- sists of those items described in paragraph stantial quantity of any of the following sonable expectation exception of subsection (1)(E) (or so much of paragraph (1)(F) as re- services with respect to assets held (directly (c)(1)) have become such an interest— lates to paragraph (1)(E)) of section 7704. or indirectly) by the partnership: ‘‘(A) notwithstanding subsection (c)(1), ‘‘(C) APPLICABLE DISPOSITION.—For pur- ‘‘(A) Advising as to the advisability of in- such interest shall be treated as an invest- poses of this paragraph, the term ‘applicable vesting in, purchasing, or selling any speci- ment services partnership interest as of the disposition’ means a disposition (directly or fied asset. time of such change, and indirectly through a partnership, S corpora- ‘‘(B) Managing, acquiring, or disposing of ‘‘(B) for purposes of this subsection, the tion, estate or trust) by— any specified asset. qualified capital interest of the holder of ‘‘(i) an individual, or ‘‘(C) Arranging financing with respect to such partnership interest immediately after ‘‘(ii) either— acquiring specified assets. such change shall not be less than the fair ‘‘(I) a regulated investment company other ‘‘(D) Any activity in support of any service market value of such interest (determined than a regulated investment company treat- described in subparagraphs (A) through (C). immediately before such change). ed as closely held (within the meaning of ‘‘(2) SPECIFIED ASSET.—The term ‘specified ‘‘(4) SPECIAL RULE FOR TIERED PARTNER- section 856(h)(1)), or asset’ means securities (as defined in section SHIPS.—Except as otherwise provided by the ‘‘(II) except as provided by the Secretary, a 475(c)(2) without regard to the last sentence Secretary, in the case of tiered partnerships, real estate investment trust. thereof), real estate held for rental or invest- all items which are allocated in a manner ‘‘(4) ELECTION WITH RESPECT TO CERTAIN EX- ment, interests in partnerships, commodities which meets the requirements of paragraph CHANGES.—Paragraph (1)(B) shall not apply (as defined in section 475(e)(2)), or options or (1) to qualified capital interests in a lower- to the contribution of an investment services derivative contracts with respect to any of tier partnership shall retain such character partnership interest to a partnership in ex- the foregoing. to the extent allocated on the basis of quali- change for an interest in such partnership ‘‘(3) EXCEPTION FOR FAMILY FARMS.—The fied capital interests in any upper-tier part- if— term ‘specified asset’ shall not include any nership. ‘‘(A) the taxpayer makes an irrevocable farm used for farming purposes if such farm ‘‘(5) EXCEPTION FOR NO-SELF-CHARGED election to treat the partnership interest re- is held by a partnership all of the interests CARRY AND MANAGEMENT FEE PROVISIONS.— ceived in the exchange as an investment in which are held (directly or indirectly) by Except as otherwise provided by the Sec- services partnership interest, and members of the same family. Terms used in retary, an interest shall not fail to be treat- ‘‘(B) the taxpayer agrees to comply with the preceding sentence which are also used ed as satisfying the requirement of para- such reporting and recordkeeping require- in section 2032A shall have the same meaning graph (1)(A) merely because the allocations ments as the Secretary may prescribe. as when used in such section. made by the partnership to such interest do ‘‘(5) DISPOSITION OF PORTION OF INTEREST.— ‘‘(4) RELATED PERSONS.—A person shall be not reflect the cost of services described in In the case of any disposition of an invest- treated as related to another person if the subsection (c)(1) which are provided (directly

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4681 or indirectly) to the partnership by the hold- ‘‘(A) a person performs (directly or indi- would not be recognized shall be recognized er of such interest (or a related person). rectly) investment management services for by reason of subsection (b) only to the extent ‘‘(6) SPECIAL RULE FOR DISPOSITIONS.—In any entity, that such gain is treated as ordinary income the case of any investment services partner- ‘‘(B) such person holds (directly or indi- after application of paragraph (2). ship interest any portion of which is a quali- rectly) a disqualified interest with respect to ‘‘(5) COORDINATION WITH LIMITATION ON fied capital interest, subsection (b) shall not such entity, and LOSSES.—For purposes of applying paragraph apply to so much of any gain or loss as bears ‘‘(C) the value of such interest (or pay- (2) of subsection (a) with respect to any net the same proportion to the entire amount of ments thereunder) is substantially related to loss for any taxable year— such gain or loss as— the amount of income or gain (whether or ‘‘(A) such paragraph shall only apply with ‘‘(A) the distributive share of gain or loss not realized) from the assets with respect to respect to the applicable percentage of such that would have been allocated to the quali- which the investment management services net loss for such taxable year, fied capital interest (consistent with the re- are performed, ‘‘(B) in the case of a prior partnership tax- quirements of paragraph (1)) if the partner- any income or gain with respect to such in- able year referred to in clause (i) or (ii) of ship had sold all of its assets at fair market terest shall be treated as ordinary income. subparagraph (A) of such paragraph, only the value immediately before the disposition, Rules similar to the rules of subsections applicable percentage (as in effect for such bears to prior taxable year) of net income or net loss (a)(4) and (d) shall apply for purposes of this ‘‘(B) the distributive share of gain or loss for such prior partnership taxable year shall subsection. that would have been so allocated to the in- be taken into account, and ‘‘(2) DEFINITIONS.—For purposes of this sub- vestment services partnership interest of ‘‘(C) any net loss carried forward to the section— which such qualified capital interest is a succeeding partnership taxable year under ‘‘(A) DISQUALIFIED INTEREST.— part. subparagraph (B) of such paragraph shall— ‘‘(i) IN GENERAL.—The term ‘disqualified ‘‘(7) QUALIFIED CAPITAL INTEREST.—For pur- ‘‘(i) be taken into account in such suc- interest’ means, with respect to any entity— poses of this subsection— ceeding year without reduction under this ‘‘(I) any interest in such entity other than ‘‘(A) IN GENERAL.—The term ‘qualified cap- subsection, and indebtedness, ital interest’ means so much of a partner’s ‘‘(ii) in lieu of being taken into account as ‘‘(II) convertible or contingent debt of such interest in the capital of the partnership as an item of loss in such succeeding year, shall is attributable to— entity, be taken into account— ‘‘(i) the fair market value of any money or ‘‘(III) any option or other right to acquire ‘‘(I) as an increase in net loss or as a reduc- other property contributed to the partner- property described in subclause (I) or (II), tion in net income (including below zero), as ship in exchange for such interest (deter- and the case may be, and mined without regard to section 752(a)), ‘‘(IV) any derivative instrument entered ‘‘(II) after any reduction in the amount of ‘‘(ii) any amounts which have been in- into (directly or indirectly) with such entity such net loss or net income under this sub- cluded in gross income under section 83 with or any investor in such entity. section. respect to the transfer of such interest, and ‘‘(ii) EXCEPTIONS.—Such term shall not include— A rule similar to the rule of the preceding ‘‘(iii) the excess (if any) of— sentence shall apply for purposes of sub- ‘‘(I) any items of income and gain taken ‘‘(I) a partnership interest, ‘‘(II) except as provided by the Secretary, section (b)(2)(A). into account under section 702 with respect ‘‘(6) COORDINATION WITH TREATMENT OF DIVI- any interest in a taxable corporation, and to such interest, over DENDS.—Subsection (a)(4) shall only apply to ‘‘(III) except as provided by the Secretary, ‘‘(II) any items of deduction and loss so the applicable percentage of dividends de- stock in an S corporation. taken into account. scribed therein. ‘‘(B) TAXABLE CORPORATION.—The term ‘‘(B) ADJUSTMENT TO QUALIFIED CAPITAL IN- ‘‘(7) APPLICABLE PERCENTAGE.—For pur- ‘taxable corporation’ means— TEREST.— poses of this subsection— ‘‘(i) a domestic C corporation, or ‘‘(i) DISTRIBUTIONS AND LOSSES.—The quali- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(ii) a foreign corporation substantially all fied capital interest shall be reduced by dis- subparagraph (B), the term ‘applicable per- of the income of which is— tributions from the partnership with respect centage’ means 65 percent (50 percent in the to such interest and by the excess (if any) of ‘‘(I) effectively connected with the conduct case of any taxable year beginning before the amount described in subparagraph of a trade or business in the United States, January 1, 2013). or (A)(iii)(II) over the amount described in sub- ‘‘(B) EXCEPTIONS FOR SALES OF ASSETS HELD ‘‘(II) subject to a comprehensive foreign in- paragraph (A)(iii)(I). AT LEAST 7 YEARS.—In the case of any taxable ‘‘(ii) SPECIAL RULE FOR CONTRIBUTIONS OF come tax (as defined in section 457A(d)(2)). year beginning after December 31, 2012, the PROPERTY.—In the case of any contribution ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— applicable percentage shall be 55 percent of property described in subparagraph (A)(i) The term ‘investment management services’ with respect to any net income or net loss with respect to which the fair market value means a substantial quantity of any of the under subsection (a)(1), or any income or of such property is not equal to the adjusted services described in subsection (c)(1). gain under subsection (e), which is properly basis of such property immediately before ‘‘(f) REGULATIONS.—The Secretary shall allocable to gain or loss from the sale or ex- such contribution, proper adjustments shall prescribe such regulations or other guidance change of any asset which is held at least 7 be made to the qualified capital interest to as is necessary or appropriate to carry out years. take into account such difference consistent the purposes of this section, including regu- ‘‘(h) CROSS REFERENCE.—For 40 percent with such regulations or other guidance as lations or other guidance to— penalty on certain underpayments due to the the Secretary may provide. ‘‘(1) provide modifications to the applica- avoidance of this section, see section 6662.’’. ‘‘(8) TREATMENT OF CERTAIN LOANS.— tion of this section (including treating re- (b) TREATMENT FOR PURPOSES OF SECTION ‘‘(A) PROCEEDS OF PARTNERSHIP LOANS NOT lated persons as not related to one another) 7704.—Subsection (d) of section 7704 is TREATED AS QUALIFIED CAPITAL INTEREST OF to the extent such modification is consistent amended by adding at the end the following SERVICE PROVIDING PARTNERS.—For purposes with the purposes of this section, new paragraph: of this subsection, an investment services ‘‘(2) prevent the avoidance of the purposes ‘‘(6) INCOME FROM INVESTMENT SERVICES partnership interest shall not be treated as a of this section, and PARTNERSHIP INTERESTS NOT QUALIFIED.— qualified capital interest to the extent that ‘‘(3) coordinate this section with the other ‘‘(A) IN GENERAL.—Items of income and such interest is acquired in connection with provisions of this title. gain shall not be treated as qualifying in- the proceeds of any loan or other advance ‘‘(g) SPECIAL RULES FOR INDIVIDUALS.—In come if such items are treated as ordinary made or guaranteed, directly or indirectly, the case of an individual— income by reason of the application of sec- by any other partner or the partnership (or ‘‘(1) IN GENERAL.—Subsection (a)(1) shall tion 710 (relating to special rules for partners any person related to any such other partner apply only to the applicable percentage of providing investment management services or the partnership). the net income or net loss referred to in such to partnership). The preceding sentence shall ‘‘(B) REDUCTION IN ALLOCATIONS TO QUALI- subsection. not apply to any item described in paragraph FIED CAPITAL INTERESTS FOR LOANS FROM NON- ‘‘(2) DISPOSITIONS, ETC.—The amount which (1)(E) (or so much of paragraph (1)(F) as re- SERVICE PROVIDING PARTNERS TO THE PART- (but for this paragraph) would be treated as lates to paragraph (1)(E)). NERSHIP.—For purposes of this subsection, ordinary income by reason of subsection (b) ‘‘(B) SPECIAL RULES FOR CERTAIN PARTNER- any loan or other advance to the partnership or (e) shall be the applicable percentage of SHIPS.— made or guaranteed, directly or indirectly, such amount. ‘‘(i) CERTAIN PARTNERSHIPS OWNED BY REAL by a partner not providing services described ‘‘(3) PRO RATA ALLOCATION TO ITEMS.—For ESTATE INVESTMENT TRUSTS.—Subparagraph in subsection (c)(1) to the partnership (or purposes of applying subsections (a) and (e), (A) shall not apply in the case of a partner- any person related to such partner) shall be the aggregate amount treated as ordinary in- ship which meets each of the following re- taken into account in determining the quali- come for any such taxable year shall be allo- quirements: fied capital interests of the partners in the cated ratably among the items of income, ‘‘(I) Such partnership is treated as publicly partnership. gain, loss, and deduction taken into account traded under this section solely by reason of ‘‘(e) OTHER INCOME AND GAIN IN CONNECTION in determining such amount. interests in such partnership being convert- WITH INVESTMENT MANAGEMENT SERVICES.— ‘‘(4) SPECIAL RULE FOR RECOGNITION OF ible into interests in a real estate invest- ‘‘(1) IN GENERAL.—If— GAIN.—Gain which (but for this section) ment trust which is publicly traded.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4682 CONGRESSIONAL RECORD — SENATE June 8, 2010 ‘‘(II) 50 percent or more of the capital and and’’, and by inserting after paragraph (17) such disqualified S corporation who provides profits interests of such partnership are the following new paragraph: substantial services with respect to the pro- owned, directly or indirectly, at all times ‘‘(18) notwithstanding the preceding provi- fessional service business referred to in sub- during the taxable year by such real estate sions of this subsection, in the case of any paragraph (C) shall take into account such investment trust (determined with the appli- individual engaged in the trade or business shareholder’s pro rata share of all items of cation of section 267(c)). of providing services described in section income or loss described in section 1366 ‘‘(III) Such partnership meets the require- 710(c)(1) with respect to any entity, any which are attributable to such business in ments of paragraphs (2), (3), and (4) of section amount treated as ordinary income or ordi- determining the shareholder’s net earnings 856(c). nary loss of such individual under section 710 from self-employment. ‘‘(ii) CERTAIN PARTNERSHIPS OWNING OTHER with respect to such entity shall be taken ‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- PUBLICLY TRADED PARTNERSHIPS.—Subpara- into account in determining the net earnings cept as otherwise provided by the Secretary, graph (A) shall not apply in the case of a from self-employment of such individual.’’. the shareholder’s pro rata share of items re- partnership which meets each of the fol- (2) SOCIAL SECURITY ACT.—Section 211(a) of ferred to in subparagraph (A) shall be in- lowing requirements: the Social Security Act is amended by strik- creased by the pro rata share of such items ‘‘(I) Substantially all of the assets of such ing ‘‘and’’ at the end of paragraph (15), by of each member of such shareholder’s family partnership consist of interests in one or striking the period at the end of paragraph (within the meaning of section 318(a)(1)) who more publicly traded partnerships (deter- (16) and inserting ‘‘; and’’, and by inserting does not provide substantial services with re- mined without regard to subsection (b)(2)). after paragraph (16) the following new para- spect to such professional service business. ‘‘(II) Substantially all of the income of graph: ‘‘(C) DISQUALIFIED S CORPORATION.—For such partnership is ordinary income or sec- ‘‘(17) Notwithstanding the preceding provi- purposes of this subsection, the term ‘dis- tion 1231 gain (as defined in section sions of this subsection, in the case of any qualified S corporation’ means— 1231(a)(3)). individual engaged in the trade or business ‘‘(i) any S corporation which is a partner ‘‘(C) TRANSITIONAL RULE.—Subparagraph of providing services described in section in a partnership which is engaged in a profes- (A) shall not apply to any taxable year of the 710(c)(1) of the Internal Revenue Code of 1986 sional service business if substantially all of partnership beginning before the date which with respect to any entity, any amount the activities of such S corporation are per- is 10 years after the date of the enactment of treated as ordinary income or ordinary loss formed in connection with such partnership, this paragraph.’’. of such individual under section 710 of such and (c) IMPOSITION OF PENALTY ON UNDERPAY- Code with respect to such entity shall be ‘‘(ii) any other S corporation which is en- MENTS.— taken into account in determining the net gaged in a professional service business if (1) IN GENERAL.—Subsection (b) of section earnings from self-employment of such indi- the principal asset of such business is the 6662 is amended by inserting after paragraph vidual.’’. reputation and skill of 3 or fewer employees. (7) the following new paragraph: (e) CONFORMING AMENDMENTS.— ‘‘(2) PARTNERS.—In the case of any partner- ‘‘(8) The application of subsection (e) of (1) Subsection (d) of section 731 is amended ship which is engaged in a professional serv- section 710 or the regulations prescribed by inserting ‘‘section 710(b)(4) (relating to ice business, subsection (a)(13) shall not under section 710(f) to prevent the avoidance distributions of partnership property),’’ after apply to any partner who provides substan- of the purposes of section 710.’’. ‘‘to the extent otherwise provided by’’. tial services with respect to such profes- (2) AMOUNT OF PENALTY.— (2) Section 741 is amended by inserting ‘‘or sional service business. (A) IN GENERAL.—Section 6662 is amended section 710 (relating to special rules for part- ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For by adding at the end the following new sub- ners providing investment management serv- purposes of this subsection, the term ‘profes- section: ices to partnership)’’ before the period at the sional service business’ means any trade or ‘‘(k) INCREASE IN PENALTY IN CASE OF PROP- end. business if substantially all of the activities ERTY TRANSFERRED FOR INVESTMENT MAN- (3) The table of sections for part I of sub- of such trade or business involve providing AGEMENT SERVICES.—In the case of any por- chapter K of chapter 1 is amended by adding services in the fields of health, law, lobbying, tion of an underpayment to which this sec- at the end the following new item: engineering, architecture, accounting, actu- tion applies by reason of subsection (b)(8), arial science, performing arts, consulting, subsection (a) shall be applied with respect ‘‘Sec. 710. Special rules for partners pro- athletics, investment advice or management, to such portion by substituting ‘40 percent’ viding investment management or brokerage services. services to partnership.’’. for ‘20 percent’.’’. ‘‘(4) REGULATIONS.—The Secretary shall (B) CONFORMING AMENDMENT.—Subpara- (f) EFFECTIVE DATE.— prescribe such regulations as may be nec- graph (B) of section 6662A(e)(2) is amended by (1) IN GENERAL.—Except as otherwise pro- essary or appropriate to carry out the pur- striking ‘‘or (i)’’ and inserting ‘‘, (i), or (k)’’. vided in this subsection, the amendments poses of this subsection, including regula- (3) SPECIAL RULES FOR APPLICATION OF REA- made by this section shall apply to taxable tions which prevent the avoidance of the SONABLE CAUSE EXCEPTION.—Subsection (c) of years ending after December 31, 2010. purposes of this subsection through tiered section 6664 is amended— (2) PARTNERSHIP TAXABLE YEARS WHICH IN- entities or otherwise. (A) by redesignating paragraphs (3) and (4) CLUDE EFFECTIVE DATE.—In applying section ‘‘(5) CROSS REFERENCE.—For employment as paragraphs (4) and (5), respectively; 710(a) of the Internal Revenue Code of 1986 tax treatment of wages paid to shareholders (B) by striking ‘‘paragraph (3)’’ in para- (as added by this section) in the case of any of S corporations, see subtitle C.’’. graph (5)(A), as so redesignated, and insert- partnership taxable year which includes De- (b) CONFORMING AMENDMENT.—Section 211 ing ‘‘paragraph (4)’’; and cember 31, 2010, the amount of the net in- of the Social Security Act is amended by (C) by inserting after paragraph (2) the fol- come referred to in such section shall be adding at the end the following new sub- lowing new paragraph: treated as being the lesser of the net income section: ‘‘(3) SPECIAL RULE FOR UNDERPAYMENTS AT- for the entire partnership taxable year or the ‘‘(l) SPECIAL RULES FOR PROFESSIONAL TRIBUTABLE TO INVESTMENT MANAGEMENT net income determined by only taking into SERVICE BUSINESSES.— SERVICES.— account items attributable to the portion of ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO ‘‘(A) IN GENERAL.—Paragraph (1) shall not the partnership taxable year which is after DISQUALIFIED S CORPORATIONS.— apply to any portion of an underpayment to such date. ‘‘(A) IN GENERAL.—In the case of any dis- which this section applies by reason of sub- (3) DISPOSITIONS OF PARTNERSHIP INTER- qualified S corporation, each shareholder of section (b)(8) unless— ESTS.—Section 710(b) of the Internal Revenue such disqualified S corporation who provides ‘‘(i) the relevant facts affecting the tax Code of 1986 (as added by this section) shall substantial services with respect to the pro- treatment of the item are adequately dis- apply to dispositions and distributions after fessional service business referred to in sub- closed, December 31, 2010. paragraph (C) shall take into account such ‘‘(ii) there is or was substantial authority (4) OTHER INCOME AND GAIN IN CONNECTION shareholder’s pro rata share of all items of for such treatment, and WITH INVESTMENT MANAGEMENT SERVICES.— income or loss described in section 1366 of ‘‘(iii) the taxpayer reasonably believed Section 710(e) of such Code (as added by this the Internal Revenue Code of 1986 which are that such treatment was more likely than section) shall take effect on December 31, attributable to such business in determining not the proper treatment. 2010. the shareholder’s net earnings from self-em- ‘‘(B) RULES RELATING TO REASONABLE BE- SEC. 413. EMPLOYMENT TAX TREATMENT OF ployment. LIEF.—Rules similar to the rules of sub- PROFESSIONAL SERVICE BUSI- ‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- section (d)(3) shall apply for purposes of sub- NESSES. cept as otherwise provided by the Secretary paragraph (A)(iii).’’. (a) IN GENERAL.—Section 1402 is amended of the Treasury, the shareholder’s pro rata (d) INCOME AND LOSS FROM INVESTMENT by adding at the end the following new sub- share of items referred to in subparagraph SERVICES PARTNERSHIP INTERESTS TAKEN section: (A) shall be increased by the pro rata share INTO ACCOUNT IN DETERMINING NET EARNINGS ‘‘(m) SPECIAL RULES FOR PROFESSIONAL of such items of each member of such share- FROM SELF-EMPLOYMENT.— SERVICE BUSINESSES.— holder’s family (within the meaning of sec- (1) INTERNAL REVENUE CODE.—Section ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO tion 318(a)(1) of the Internal Revenue Code of 1402(a) is amended by striking ‘‘and’’ at the DISQUALIFIED S CORPORATIONS.— 1986) who does not provide substantial serv- end of paragraph (16), by striking the period ‘‘(A) IN GENERAL.—In the case of any dis- ices with respect to such professional service at the end of paragraph (17) and inserting ‘‘; qualified S corporation, each shareholder of business.

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‘‘(C) DISQUALIFIED S CORPORATION.—For (1) by striking ‘‘If an exchange’’ and insert- apply to crude oil received and petroleum purposes of this subsection, the term ‘dis- ing ‘‘Except as otherwise provided by the products entered during calendar quarters qualified S corporation’ means— Secretary— beginning more than 60 days after the date of ‘‘(i) any S corporation which is a partner ‘‘(A) IN GENERAL.—If an exchange’’; the enactment of this Act. in a partnership which is engaged in a profes- (2) by striking ‘‘then there shall be’’ and SEC. 432. TIME FOR PAYMENT OF CORPORATE ES- sional service business if substantially all of all that follows through ‘‘February 28, 1913’’ TIMATED TAXES. the activities of such S corporation are per- and inserting ‘‘then the amount of other The percentage under paragraph (2) of sec- formed in connection with such partnership, property or money shall be treated as a divi- tion 561 of the Hiring Incentives to Restore and dend to the extent of the earnings and prof- Employment Act in effect on the date of the ‘‘(ii) any other S corporation which is en- its of the corporation’’; and enactment of this Act is increased by 36 per- gaged in a professional service business if (3) by adding at the end the following new centage points. the principal asset of such business is the subparagraph: TITLE V—UNEMPLOYMENT, HEALTH, AND reputation and skill of 3 or fewer employees. ‘‘(B) CERTAIN REORGANIZATIONS.—In the OTHER ASSISTANCE ‘‘(2) PARTNERS.—In the case of any partner- case of a reorganization described in section Subtitle A—Unemployment Insurance and ship which is engaged in a professional serv- 368(a)(1)(D) to which section 354(b)(1) applies Other Assistance ice business, subsection (a)(12) shall not or any other reorganization specified by the apply to any partner who provides substan- Secretary, in applying subparagraph (A)— SEC. 501. EXTENSION OF UNEMPLOYMENT INSUR- tial services with respect to such profes- ‘‘(i) the earnings and profits of each cor- ANCE PROVISIONS. sional service business. poration which is a party to the reorganiza- (a) IN GENERAL.—(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Pub- ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For tion shall be taken into account, and purposes of this subsection, the term ‘profes- ‘‘(ii) the amount which is a dividend (and lic Law 110–252; 26 U.S.C. 3304 note) is amend- sional service business’ means any trade or source thereof) shall be determined under ed— business if substantially all of the activities rules similar to the rules of paragraphs (2) (A) by striking ‘‘June 2, 2010’’ each place it of such trade or business involve providing and (5) of section 304(b).’’. appears and inserting ‘‘November 30, 2010’’; (B) in the heading for subsection (b)(2), by services in the fields of health, law, lobbying, (b) EARNINGS AND PROFITS.—Paragraph (7) engineering, architecture, accounting, actu- of section 312(n) is amended by adding at the striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- arial science, performing arts, consulting, end the following: ‘‘A similar rule shall BER 30, 2010’’; and athletics, investment advice or management, apply to an exchange to which section (C) in subsection (b)(3), by striking ‘‘No- or brokerage services.’’. 356(a)(1) applies.’’. vember 6, 2010’’ and inserting ‘‘April 30, (c) EFFECTIVE DATE.—The amendments (c) CONFORMING AMENDMENT.—Paragraph 2011’’. made by this section shall apply to taxable (1) of section 356(a) is amended by striking (2) Section 2002(e) of the Assistance for Un- years beginning after December 31, 2010. ‘‘then the gain’’ and inserting ‘‘then (except employed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 Subtitle C—Corporate Provisions as provided in paragraph (2)) the gain’’. (d) EFFECTIVE DATE.— U.S.C. 3304 note; 123 Stat. 438), is amended— SEC. 421. TREATMENT OF SECURITIES OF A CON- (1) IN GENERAL.—Except as provided in (A) in paragraph (1)(B), by striking ‘‘June TROLLED CORPORATION EX- paragraph (2), the amendments made by this 2, 2010’’ and inserting ‘‘November 30, 2010’’; CHANGED FOR ASSETS IN CERTAIN REORGANIZATIONS. section shall apply to exchanges after the (B) in the heading for paragraph (2), by (a) IN GENERAL.—Section 361 (relating to date of the enactment of this Act. striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- nonrecognition of gain or loss to corpora- (2) TRANSITION RULE.—The amendments BER 30, 2010’’; and tions; treatment of distributions) is amended made by this section shall not apply to any (C) in paragraph (3), by striking ‘‘December by adding at the end the following new sub- exchange between unrelated persons pursu- 7, 2010’’ and inserting ‘‘May 31, 2011’’. section: ant to a transaction which is— (3) Section 2005 of the Assistance for Unem- ‘‘(d) SPECIAL RULES FOR TRANSACTIONS IN- (A) made pursuant to a written agreement ployed Workers and Struggling Families VOLVING SECTION 355 DISTRIBUTIONS.—In the which was binding on May 20, 2010, and at all Act, as contained in Public Law 111–5 (26 case of a reorganization described in section times thereafter; U.S.C. 3304 note; 123 Stat. 444), is amended— 368(a)(1)(D) with respect to which stock or (B) described in a ruling request submitted (A) by striking ‘‘June 2, 2010’’ each place it securities of the corporation to which the as- to the Internal Revenue Service on or before appears and inserting ‘‘December 1, 2010’’; sets are transferred are distributed in a such date; or and transaction which qualifies under section (C) described in a public announcement or (B) in subsection (c), by striking ‘‘Novem- 355— filing with the Securities and Exchange ber 6, 2010’’ and inserting ‘‘May 1, 2011’’. ‘‘(1) this section shall be applied by sub- Commission on or before such date. (4) Section 5 of the Unemployment Com- stituting ‘stock other than nonqualified pre- (3) RELATED PERSONS.—For purposes of this pensation Extension Act of 2008 (Public Law ferred stock (as defined in section 351(g)(2))’ subsection, a person shall be treated as re- 110–449; 26 U.S.C. 3304 note) is amended by for ‘stock or securities’ in subsections (a) lated to another person if the relationship striking ‘‘November 6, 2010’’ and inserting and (b)(1), and between such persons is described in section ‘‘April 30, 2011’’. ‘‘(2) the first sentence of subsection (b)(3) 267 or 707(b) of the Internal Revenue Code of (b) FUNDING.—Section 4004(e)(1) of the Sup- shall apply only to the extent that the sum 1986. plemental Appropriations Act, 2008 (Public of the money and the fair market value of Subtitle D—Other Provisions Law 110–252; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (D), by striking ‘‘and’’ the other property transferred to such credi- SEC. 431. MODIFICATIONS WITH RESPECT TO OIL tors does not exceed the adjusted bases of SPILL LIABILITY TRUST FUND. at the end; and such assets transferred (reduced by the (a) EXTENSION OF APPLICATION OF OIL SPILL (2) by inserting after subparagraph (E) the amount of the liabilities assumed (within the LIABILITY TRUST FUND FINANCING RATE.— following: meaning of section 357(c))).’’. Paragraph (2) of section 4611(f) is amended by ‘‘(F) the amendments made by section (b) CONFORMING AMENDMENT.—Paragraph striking ‘‘December 31, 2017’’ and inserting 501(a)(1) of the American Jobs and Closing (3) of section 361(b) is amended by striking ‘‘December 31, 2020’’. Tax Loopholes Act of 2010; and’’. the last sentence. (b) INCREASE IN OIL SPILL LIABILITY TRUST (c) CONDITIONS FOR RECEIVING EMERGENCY (c) EFFECTIVE DATE.— FUND FINANCING RATE.—Subparagraph (B) of UNEMPLOYMENT COMPENSATION.—Section (1) IN GENERAL.—Except as provided in section 4611(c)(2) is amended to read as fol- 4001(d)(2) of the Supplemental Appropria- paragraph (2), the amendments made by this lows: tions Act, 2008 (Public Law 110–252; 26 U.S.C. section shall apply to exchanges after the ‘‘(B) the Oil Spill Liability Trust Fund fi- 3304 note) is amended, in the matter pre- date of the enactment of this Act. nancing rate is 41 cents a barrel.’’. ceding subparagraph (A), by inserting before (2) TRANSITION RULE.—The amendments (c) INCREASE IN PER INCIDENT LIMITATIONS ‘‘shall apply’’ the following: ‘‘(including made by this section shall not apply to any ON EXPENDITURES.—Subparagraph (A) of sec- terms and conditions relating to availability exchange pursuant to a transaction which tion 9509(c)(2) is amended— for work, active search for work, and refusal is— (1) by striking ‘‘$1,000,000,000’’ in clause (i) to accept work)’’. (A) made pursuant to a written agreement and inserting ‘‘$5,000,000,000’’; (d) EFFECTIVE DATE.—The amendments which was binding on March 15, 2010, and at (2) by striking ‘‘$500,000,000’’ in clause (ii) made by this section shall take effect as if all times thereafter; and inserting ‘‘$2,500,000,000’’; and included in the enactment of the Continuing (B) described in a ruling request submitted (3) by striking ‘‘$1,000,000,000 PER INCIDENT, Extension Act of 2010 (Public Law 111–157). to the Internal Revenue Service on or before ETC’’ in the heading and inserting ‘‘PER INCI- SEC. 502. COORDINATION OF EMERGENCY UNEM- such date; or DENT LIMITATIONS’’. PLOYMENT COMPENSATION WITH (C) described on or before such date in a (d) EFFECTIVE DATE.— REGULAR COMPENSATION. public announcement or in a filing with the (1) EXTENSION OF FINANCING RATE.—Except (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY Securities and Exchange Commission. as provided in paragraph (2), the amend- REASON OF NEW ENTITLEMENT TO REGULAR SEC. 422. TAXATION OF BOOT RECEIVED IN RE- ments made by this section shall take effect BENEFITS.—Section 4002 of the Supplemental ORGANIZATIONS. on the date of the enactment of this Act. Appropriations Act, 2008 (Public Law 110–252; (a) IN GENERAL.—Paragraph (2) of section (2) INCREASE IN FINANCING RATE.—The 26 U.S.C. 3304 note) is amended by adding at 356(a) is amended— amendment made by subsection (b) shall the end the following:

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‘‘(g) COORDINATION OF EMERGENCY UNEM- ment positions held by individuals placed in (b) CONFORMING AMENDMENTS.—Section PLOYMENT COMPENSATION WITH REGULAR the positions before fiscal year 2011. 2101 of division B of the American Recovery COMPENSATION.— ‘‘(ii) FISCAL YEAR 2011.—Subject to clause and Reinvestment Act of 2009 (Public Law ‘‘(1) If— (iii), the amounts appropriated to the Emer- 111–5) is amended— ‘‘(A) an individual has been determined to gency Fund under subparagraph (A) for fiscal (1) in subsection (a)(2)— be entitled to emergency unemployment year 2011 shall remain available through fis- (A) by striking ‘‘2010’’ and inserting ‘‘2011’’; compensation with respect to a benefit year, cal year 2012 and shall be used to make and ‘‘(B) that benefit year has expired, grants to States based on expenditures in fis- (B) by striking all that follows ‘‘repealed’’ ‘‘(C) that individual has remaining entitle- cal year 2011 for benefits and services pro- and inserting a period; and ment to emergency unemployment com- vided in fiscal year 2011 in accordance with (2) in subsection (d)(1), by striking ‘‘2010’’ pensation with respect to that benefit year, the requirements of paragraph (3). and inserting ‘‘2011’’. and ‘‘(iii) RESERVATION OF FUNDS.—Of the (c) PROGRAM GUIDANCE.—The Secretary of ‘‘(D) that individual would qualify for a amounts appropriated to the Emergency Health and Human Services shall issue pro- new benefit year in which the weekly benefit Fund under subparagraph (A) for fiscal year gram guidance, without regard to the re- amount of regular compensation is at least 2011, $500,000 shall be placed in reserve for quirements of section 553 of title 5, United either $100 or 25 percent less than the indi- use in fiscal year 2012, and shall be used to States Code, which ensures that the funds vidual’s weekly benefit amount in the ben- award grants for any expenditures described provided under the amendments made by efit year referred to in subparagraph (A), in this subsection incurred by States after this section to a jurisdiction for subsidized then the State shall determine eligibility for September 30, 2011.’’; employment do not support any subsidized compensation as provided in paragraph (2). (3) in paragraph (2)(C), by striking ‘‘2010’’ employment position the annual salary of ‘‘(2) For individuals described in paragraph and inserting ‘‘2012’’; which is greater than, at State option— (1), the State shall determine whether the in- (4) in paragraph (3)— (1) 200 percent of the poverty line (within dividual is to be paid emergency unemploy- (A) in clause (i) of each of subparagraphs the meaning of section 673(2) of the Omnibus ment compensation or regular compensation (A), (B), and (C)— Budget Reconciliation Act of 1981, including for a week of unemployment using one of the (i) by striking ‘‘year 2009 or 2010’’ and in- any revision required by such section 673(2)) following methods: serting ‘‘years 2009 through 2011’’; for a family of 4; or ‘‘(A) The State shall, if permitted by State (ii) by striking ‘‘and’’ at the end of sub- (2) the median wage in the jurisdiction. law, establish a new benefit year, but defer clause (I); Subtitle B—Health Provisions the payment of regular compensation with (iii) by striking the period at the end of SEC. 511. EXTENSION OF SECTION 508 RECLASSI- respect to that new benefit year until ex- subclause (II) and inserting ‘‘; and’’; and FICATIONS. haustion of all emergency unemployment (iv) by adding at the end the following: (a) IN GENERAL.—Section 106(a) of division compensation payable with respect to the ‘‘(III) if the quarter is in fiscal year 2011, B of the Tax Relief and Health Care Act of benefit year referred to in paragraph (1)(A); has provided the Secretary with such infor- 2006 (42 U.S.C. 1395 note), as amended by sec- ‘‘(B) The State shall, if permitted by State mation as the Secretary may find necessary tion 117 of the Medicare, Medicaid, and law, defer the establishment of a new benefit in order to make the determinations, or take SCHIP Extension Act of 2007 (Public Law year (which uses all the wages and employ- any other action, described in paragraph 110–173), section 124 of the Medicare Improve- ment which would have been used to estab- (5)(C).’’; and ments for Patients and Providers Act of 2008 lish a benefit year but for the application of (B) in subparagraph (C), by adding at the (Public Law 110–275), and sections 3137(a) and this paragraph), until exhaustion of all emer- end the following: 10317 of Public Law 111–148, is amended by gency unemployment compensation payable ‘‘(iv) LIMITATION ON EXPENDITURES FOR SUB- striking ‘‘September 30, 2010’’ and inserting with respect to the benefit year referred to SIDIZED EMPLOYMENT.—An expenditure for ‘‘September 30, 2011’’. in paragraph(1)(A); subsidized employment shall be taken into (b) CONFORMING AMENDMENT.—Section ‘‘(C) The State shall pay, if permitted by account under clause (ii) only if the expendi- 117(a)(3) of the Medicare, Medicaid, and State law— ture is used to subsidize employment for— SCHIP Extension Act of 2007 (Public Law ‘‘(i) regular compensation equal to the ‘‘(I) a member of a needy family (without 110–173)), is amended by inserting ‘‘in fiscal weekly benefit amount established under the regard to whether the family is receiving as- years 2008 and 2009’’ after ‘‘For purposes of new benefit year, and sistance under the State program funded implementation of this subsection’’. ‘‘(ii) emergency unemployment compensa- under this part); or SEC. 512. REPEAL OF DELAY OF RUG-IV. tion equal to the difference between that ‘‘(II) an individual who has exhausted (or, Effective as if included in the enactment of weekly benefit amount and the weekly ben- within 60 days, will exhaust) all rights to re- Public Law 111–148, section 10325 of such Act efit amount for the expired benefit year; or ceive unemployment compensation under is repealed. ‘‘(D) The State shall determine rights to Federal and State law, and who is a member SEC. 513. LIMITATION ON REASONABLE COSTS emergency unemployment compensation of a needy family.’’; PAYMENTS FOR CERTAIN CLINICAL without regard to any rights to regular com- (5) by striking paragraph (5) and inserting DIAGNOSTIC LABORATORY TESTS pensation if the individual elects to not file the following: FURNISHED TO HOSPITAL PATIENTS a claim for regular compensation under the ‘‘(5) LIMITATIONS ON PAYMENTS; ADJUST- IN CERTAIN RURAL AREAS. new benefit year.’’. MENT AUTHORITY.— Section 3122 of Public Law 111–148 is re- (b) EFFECTIVE DATE.—The amendment ‘‘(A) FISCAL YEARS 2009 AND 2010.—The total pealed and the provision of law amended by made by this section shall apply to individ- amount payable to a single State under sub- such section is restored as if such section uals whose benefit years, as described in sec- section (b) and this subsection for fiscal had not been enacted. tion 4002(g)(1)(B) the Supplemental Appro- years 2009 and 2010 combined shall not exceed SEC. 514. FUNDING FOR CLAIMS REPROCESSING. priations Act, 2008 (Public Law 110–252; 26 50 percent of the annual State family assist- For purposes of carrying out the provisions U.S.C. 3304 note), as amended by this section, ance grant. of, and amendments made by, this Act that expire after the date of enactment of this ‘‘(B) FISCAL YEAR 2011.—Subject to subpara- relate to title XVIII of the Social Security Act. graph (C), the total amount payable to a sin- Act, and other provisions of such title that SEC. 503. EXTENSION OF THE EMERGENCY CON- gle State under subsection (b) and this sub- involve reprocessing of claims, there are ap- TINGENCY FUND. section for fiscal year 2011 shall not exceed 30 propriated to the Secretary of Health and (a) IN GENERAL.—Section 403(c) of the So- percent of the annual State family assist- Human Services for the Centers for Medicare cial Security Act (42 U.S.C. 603(c)) is amend- ance grant. & Medicaid Services Program Management ed— ‘‘(C) ADJUSTMENT AUTHORITY.—If the Sec- Account, from amounts in the general fund (1) in paragraph (2)(A), by inserting ‘‘, and retary determines that the Emergency Fund of the Treasury not otherwise appropriated, for fiscal year 2011, $2,500,000,000’’ before ‘‘for is at risk of being depleted before September $175,000,000. Amounts appropriated under the payment’’; 30, 2011, or that funds are available to accom- preceding sentence shall remain available (2) by striking paragraph (2)(B) and insert- modate additional State requests under this until expended. ing the following: subsection, the Secretary may, through pro- SEC. 515. MEDICAID AND CHIP TECHNICAL COR- ‘‘(B) AVAILABILITY AND USE OF FUNDS.— gram instructions issued without regard to RECTIONS. ‘‘(i) FISCAL YEARS 2009 AND 2010.—The the requirements of section 553 of title 5, (a) REPEAL OF EXCLUSION OF CERTAIN INDI- amounts appropriated to the Emergency United States Code— VIDUALS AND ENTITIES FROM MEDICAID.—Sec- Fund under subparagraph (A) for fiscal year ‘‘(i) specify priority criteria for awarding tion 6502 of Public Law 111–148 is repealed 2009 shall remain available through fiscal grants to States during fiscal year 2011; and and the provisions of law amended by such year 2010 and shall be used to make grants to ‘‘(ii) adjust the percentage limitation ap- section are restored as if such section had States in each of fiscal years 2009 and 2010 in plicable under subparagraph (B) with respect never been enacted. Nothing in the previous accordance with paragraph (3), except that to the total amount payable to a single sentence shall affect the execution or place- the amounts shall remain available through State for fiscal year 2011.’’; and ment of the insertion made by section 6503 of fiscal year 2011 to make grants and payments (6) in paragraph (6), by inserting ‘‘or for ex- such Act. to States in accordance with paragraph (3)(C) penditures described in paragraph (3)(C)(iv)’’ (b) INCOME LEVEL FOR CERTAIN CHILDREN to cover expenditures to subsidize employ- before the period. UNDER MEDICAID.—Effective as if included in

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the enactment of Public Law 111–148, section not exceed an amount equal to the average ‘‘(ii) ESTABLISHMENT OF MECHANISM.—The 2001(a)(5)(B) of such Act is amended by strik- manufacturer price for the drug under title Secretary shall establish a mechanism to ening all that follows ‘‘is amended’’ and insert- XIX of the Social Security Act in the pre- sure that covered entities comply with ing the following: ‘‘by inserting after ‘100 ceding calendar quarter, reduced by the re- clause (i). If the Secretary does not establish percent’ the following: ‘(or, beginning Janu- bate percentage described in paragraph (2). a mechanism under the previous sentence ary 1, 2014, 133 percent)’.’’. For a covered inpatient drug that also is a within 12 months of the enactment of this (c) CALCULATION AND PUBLICATION OF PAY- covered outpatient drug under section 340B, section, the requirements of section MENT ERROR RATE MEASUREMENT FOR CER- the amount required to be paid under the 1927(a)(5)(C) of the Social Security Act shall TAIN YEARS.—Section 601(b) of the Children’s preceding sentence shall be equal to the apply. Health Insurance Program Reauthorization amount required to be paid under section ‘‘(iii) PROHIBITING DISCLOSURE TO GROUP Act of 2009 (Public Law 111–3) is amended by 340B(a)(1) for such drug. The agreement with PURCHASING ORGANIZATIONS.—In the event adding at the end the following: ‘‘The Sec- a manufacturer under this subparagraph that a covered entity is a member of a group retary is not required under this subsection may, at the discretion of the Secretary, be purchasing organization, such entity shall to calculate or publish a national or a State- included in the agreement with the same not disclose the price or any other informa- specific error rate for fiscal year 2009 or fis- manufacturer under section 340B. tion pertaining to any purchases under this section directly or indirectly to such group cal year 2010.’’. ‘‘(B) CEILING PRICE.—Each such agreement (d) CORRECTIONS TO EXCEPTIONS TO EXCLU- shall require that the manufacturer furnish purchasing organization. SION OF CHILDREN OF CERTAIN EMPLOYEES.— the Secretary with reports, on a quarterly ‘‘(B) PROHIBITING RESALE, DISPENSING, OR ADMINISTRATION OF DRUGS EXCEPT TO CERTAIN Section 2110(b)(6) of the Social Security Act basis, of the price for each covered inpatient PATIENTS.—With respect to any covered inpa- (42 U.S.C. 1397jj(b)(6)) is amended— drug subject to the agreement that, accord- (1) in subparagraph (B)— tient drug that is subject to an agreement ing to the manufacturer, represents the max- (A) by striking ‘‘PER PERSON’’ in the head- under this subsection, a covered entity shall imum price that covered entities may per- ing; and not dispense, administer, resell, or otherwise missibly be required to pay for the drug (re- (B) by striking ‘‘each employee’’ and in- transfer the covered inpatient drug to a per- ferred to in this section as the ‘ceiling serting ‘‘employees’’; and son unless— price’), and shall require that the manufac- (2) in subparagraph (C), by striking ‘‘, on a ‘‘(i) such person is a patient of the entity; turer offer each covered entity covered inpa- case-by-case basis,’’. and tient drugs for purchase at or below the ap- (e) ELECTRONIC HEALTH RECORDS.—Effec- ‘‘(ii) such person does not have health plan plicable ceiling price if such drug is made tive as if included in the enactment of sec- coverage (as defined in subsection (c)(3)) that available to any other purchaser at any tion 4201(a)(2) of the American Recovery and provides prescription drug coverage in the price. Reinvestment Act of 2009 (Public Law 111–5), inpatient setting with respect to such cov- ‘‘(C) ALLOCATION METHOD.—Each such section 1903(t) of the Social Security Act (42 ered inpatient drug. agreement shall require that, if the supply of U.S.C. 1396b(t)) is amended— a covered inpatient drug is insufficient to For purposes of clause (ii), a person shall be (1) in paragraph (3)(E), by striking ‘‘re- meet demand, then the manufacturer may treated as having health plan coverage (as duced by any payment that is made to such use an allocation method that is reported in defined in subsection (c)(3)) with respect to a Medicaid provider from any other source writing to, and approved by, the Secretary covered inpatient drug if benefits are not (other than under this subsection or by a payable under such coverage with respect to and does not discriminate on the basis of the State or local government)’’ and inserting such drug for reasons such as the application price paid by covered entities or on any ‘‘reduced by the average payment the Sec- of a deductible or cost sharing or the use of other basis related to the participation of an retary estimates will be made to such Med- utilization management. entity in the program under this section. icaid providers (determined on a percentage ‘‘(C) AUDITING.—A covered entity shall per- ‘‘(2) REBATE PERCENTAGE DEFINED.— or other basis for such classes or types of mit the Secretary and the manufacturer of a ‘‘(A) IN GENERAL.—For a covered inpatient providers as the Secretary may specify) from covered inpatient drug that is subject to an drug purchased in a calendar quarter, the other sources (other than under this sub- agreement under this subsection with the en- ‘rebate percentage’ is the amount (expressed section, or by the Federal government or a tity (acting in accordance with procedures as a percentage) equal to— State or local government)’’; and established by the Secretary relating to the ‘‘(i) the average total rebate required (2) in paragraph (6)(B), by inserting before number, duration, and scope of audits) to under section 1927(c) of the Social Security the period the following: ‘‘and shall be deter- audit at the Secretary’s or the manufactur- Act (or the average total rebate that would mined to have met such responsibility to the er’s expense the records of the entity that di- be required if the drug were a covered out- extent that the payment to the Medicaid rectly pertain to the entity’s compliance patient drug under such section) with re- provider is not in excess of 85 percent of the with the requirements described in subpara- spect to the drug (for a unit of the dosage net average allowable cost’’. graph (A) or (B) with respect to drugs of the (f) CORRECTIONS OF DESIGNATIONS.— form and strength involved) during the pre- manufacturer. The use or disclosure of infor- (1) Section 1902 of the Social Security Act ceding calendar quarter; divided by mation for performance of such an audit (42 U.S.C. 1396a) is amended— ‘‘(ii) the average manufacturer price for shall be treated as a use or disclosure re- (A) in subsection (a)(10), in the matter fol- such a unit of the drug during such quarter. quired by law for purposes of section lowing subparagraph (G), by striking ‘‘and’’ ‘‘(B) OVER THE COUNTER DRUGS.— 164.512(a) of title 45, Code of Federal Regula- before ‘‘(XVI) the medical’’ and by striking ‘‘(i) IN GENERAL.—For purposes of subpara- tions. ‘‘(XVI) if’’ and inserting ‘‘(XVII) if’’; and graph (A), in the case of over the counter ‘‘(D) ADDITIONAL SANCTION FOR NONCOMPLI- (B) in subsection (ii)(2), by striking ‘‘(XV)’’ drugs, the ‘rebate percentage’ shall be deter- ANCE.—If the Secretary finds, after notice and inserting ‘‘(XVI)’’. mined as if the rebate required under section and hearing, that a covered entity is in vio- (2) Section 2107(e)(1) of the Social Security 1927(c) of the Social Security Act is based on lation of a requirement described in subpara- Act (42 U.S.C. 1397gg(e)(1)) is amended by re- the applicable percentage provided under graph (A) or (B), the covered entity shall be designating the subparagraph (N) of that sec- section 1927(c)(3) of such Act. liable to the manufacturer of the covered in- tion added by 2101(e) of Public Law 111–148 as ‘‘(ii) DEFINITION.—The term ‘over the patient drug that is the subject of the viola- subparagraph (O). counter drug’ means a drug that may be sold tion in an amount equal to the reduction in without a prescription and which is pre- SEC. 516. ADDITION OF INPATIENT DRUG DIS- the price of the drug (as described in sub- COUNT PROGRAM TO 340B DRUG scribed by a physician (or other persons au- paragraph (A)) provided under the agreement DISCOUNT PROGRAM. thorized to prescribe such drug under State between the Secretary and the manufacturer (a) ADDITION OF INPATIENT DRUG DIS- law). under this subsection. COUNT.—Title III of the Public Health Serv- ‘‘(3) DRUGS PROVIDED UNDER STATE MED- ‘‘(E) MAINTENANCE OF RECORDS.— ice Act is amended by inserting after section ICAID PLANS.—Drugs described in this para- ‘‘(i) IN GENERAL.—A covered entity shall es- 340B (42 U.S.C. 256b) the following: graph are drugs purchased by the entity for tablish and maintain an effective record- ‘‘SEC. 340B–1. DISCOUNT INPATIENT DRUGS FOR which payment is made by the State under keeping system to comply with this section INDIVIDUALS WITHOUT PRESCRIP- the State plan for medical assistance under and shall certify to the Secretary that such TION DRUG COVERAGE. title XIX of the Social Security Act. entity is in compliance with subparagraphs ‘‘(a) REQUIREMENTS FOR AGREEMENTS WITH ‘‘(4) REQUIREMENTS FOR COVERED ENTI- (A) and (B). The Secretary shall require that THE SECRETARY.— TIES.— hospitals that purchase covered inpatient ‘‘(1) IN GENERAL.— ‘‘(A) PROHIBITING DUPLICATE DISCOUNTS OR drugs for inpatient dispensing or administra- ‘‘(A) AGREEMENT.—The Secretary shall REBATES.— tion under this subsection appropriately seg- enter into an agreement with each manufac- ‘‘(i) IN GENERAL.—A covered entity shall regate inventory of such covered inpatient turer of covered inpatient drugs under which not request payment under title XIX of the drugs, either physically or electronically, the amount required to be paid (taking into Social Security Act for medical assistance from drugs for outpatient use, as well as account any rebate or discount, as provided described in section 1905(a)(12) of such Act from drugs for inpatient dispensing or ad- by the Secretary) to the manufacturer for with respect to a drug that is subject to an ministration to individuals who have (for covered inpatient drugs (other than drugs de- agreement under this section if the drug is purposes of subparagraph (B)) health plan scribed in paragraph (3)) purchased by a cov- subject to the payment of a rebate to the coverage described in clause (ii) of such sub- ered entity on or after January 1, 2011, does State under section 1927 of such Act. paragraph.

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‘‘(ii) CERTIFICATION OF NO THIRD-PARTY ‘‘(5) An entity that is a rural referral cen- ‘‘(B) IMPROVEMENTS.—The improvements PAYER.—A covered entity shall maintain ter, as defined by section 1886(d)(5)(C)(i) of described in subparagraph (A) shall include records that contain certification by the cov- the Social Security Act, or a sole commu- the following: ered entity that no third party payment was nity hospital, as defined by section ‘‘(i) The establishment of a process to en- received for any covered inpatient drug that 1886(d)(5)(C)(iii) of such Act, and that both able the Secretary to verify the accuracy of is subject to an agreement under this sub- meets the requirements of paragraph (1)(A) ceiling prices calculated by manufacturers section and that was dispensed to an inpa- and has a disproportionate share adjustment under subsection (a)(1) and charged to cov- tient. percentage equal to or greater than 8 per- ered entities, which shall include the fol- ‘‘(5) TREATMENT OF DISTINCT UNITS OF HOS- cent. lowing: PITALS.—In the case of a covered entity that ‘‘(c) OTHER DEFINITIONS.—In this section: ‘‘(I) Developing and publishing through an is a distinct part of a hospital, the distinct ‘‘(1) AVERAGE MANUFACTURER PRICE.— appropriate policy or regulatory issuance, part of the hospital shall not be considered a ‘‘(A) IN GENERAL.—The term ‘average man- precisely defined standards and methodology covered entity under this subsection unless ufacturer price’— for the calculation of ceiling prices under the hospital is otherwise a covered entity ‘‘(i) has the meaning given such term in such subsection. under this subsection. section 1927(k) of the Social Security Act, ‘‘(II) Comparing regularly the ceiling ‘‘(6) NOTICE TO MANUFACTURERS.—The Sec- except that such term shall be applied under prices calculated by the Secretary with the retary shall notify manufacturers of covered this section with respect to covered inpa- quarterly pricing data that is reported by inpatient drugs and single State agencies tient drugs in the same manner (as applica- manufacturers to the Secretary. under section 1902(a)(5) of the Social Secu- ble) as such term is applied under such sec- ‘‘(III) Conducting periodic monitoring of rity Act of the identities of covered entities tion 1927(k) with respect to covered out- sales transactions by covered entities. under this subsection, and of entities that no patient drugs (as defined in such section); ‘‘(IV) Inquiring into any discrepancies be- longer meet the requirements of paragraph and tween ceiling prices and manufacturer pric- (4), by means of timely updates of the Inter- ‘‘(ii) with respect to a covered inpatient ing data that may be identified and taking, net website supported by the Department of drug for which there is no average manufac- or requiring manufacturers to take, correc- Health and Human Services relating to this turer price (as defined in clause (i)), shall be tive action in response to such discrepancies, section. the amount determined under regulations including the issuance of refunds pursuant to promulgated by the Secretary under sub- ‘‘(7) NO PROHIBITION ON LARGER DISCOUNT.— the procedures set forth in clause (ii). Nothing in this subsection shall prohibit a paragraph (B). ‘‘(ii) The establishment of procedures for ULEMAKING.—The Secretary shall by manufacturer from charging a price for a ‘‘(B) R manufacturers to issue refunds to covered regulation, in consultation with the Admin- drug that is lower than the maximum price entities in the event that there is an over- istrator of the Centers for Medicare & Med- that may be charged under paragraph (1). charge by the manufacturers, including the icaid Services, establish a method for deter- following: ‘‘(b) COVERED ENTITY DEFINED.—In this sec- mining the average manufacturer price for ‘‘(I) Providing the Secretary with an expla- tion, the term ‘covered entity’ means an en- covered inpatient drugs for which there is no nation of why and how the overcharge oc- tity that meets the requirements described average manufacturer price (as defined in curred, how the refunds will be calculated, in subsection (a)(4) and is one of the fol- subparagraph (A)(i)). Regulations promul- and to whom the refunds will be issued. lowing: gated with respect to covered inpatient ‘‘(II) Oversight by the Secretary to ensure ‘‘(1) A subsection (d) hospital (as defined in drugs under the preceding sentence shall pro- that the refunds are issued accurately and section 1886(d)(1)(B) of the Social Security vide for the application of methods for deter- within a reasonable period of time. Act) that— mining the average manufacturer price that ‘‘(iii) The provision of access through the ‘‘(A) is owned or operated by a unit of are the same as the methods used to deter- Internet website supported by the Depart- State or local government, is a public or pri- mine such price in calculating rebates re- ment of Health and Human Services to the vate non-profit corporation which is for- quired for such drugs under an agreement be- applicable ceiling prices for covered inpa- mally granted governmental powers by a tween a manufacturer and a State that satis- tient drugs as calculated and verified by the unit of State or local government, or is a pri- fies the requirements of section 1927(b) of the Secretary in accordance with this section, in vate nonprofit hospital which has a contract Social Security Act, as applicable. a manner (such as through the use of pass- with a State or local government to provide ‘‘(2) COVERED INPATIENT DRUG.—The term word protection) that limits such access to health care services to low income individ- ‘covered inpatient drug’ means a drug— covered entities and adequately assures secu- uals who are not entitled to benefits under ‘‘(A) that is described in section 1927(k)(2) rity and protection of privileged pricing data title XVIII of the Social Security Act or eli- of the Social Security Act; from unauthorized re-disclosure. gible for assistance under the State plan for ‘‘(B) that, notwithstanding paragraph ‘‘(iv) The development of a mechanism by medical assistance under title XIX of such (3)(A) of section 1927(k) of such Act, is used which— Act; and in connection with an inpatient service pro- ‘‘(I) rebates, discounts, or other price con- ‘‘(B) for the most recent cost reporting pe- vided by a covered entity that is enrolled to cessions provided by manufacturers to other riod that ended before the calendar quarter participate in the drug discount program purchasers subsequent to the sale of covered involved, had a disproportionate share ad- under this section; and inpatient drugs to covered entities are re- justment percentage (as determined using ‘‘(C) that is not purchased by the covered ported to the Secretary; and the methodology under section 1886(d)(5)(F) entity through or under contract with a ‘‘(II) appropriate credits and refunds are of the Social Security Act as in effect on the group purchasing organization. issued to covered entities if such discounts, date of enactment of this section) greater ‘‘(3) HEALTH PLAN COVERAGE.—The term rebates, or other price concessions have the than 20.20 percent or was described in section ‘health plan coverage’ means— effect of lowering the applicable ceiling price 1886(d)(5)(F)(i)(II) of such Act (as so in effect ‘‘(A) health insurance coverage (as defined for the relevant quarter for the drugs in- on the date of enactment of this section). in section 2791, and including coverage under volved. ‘‘(2) A children’s hospital excluded from a State health benefits risk pool); ‘‘(v) Selective auditing of manufacturers the Medicare prospective payment system ‘‘(B) coverage under a group health plan and wholesalers to ensure the integrity of pursuant to section 1886(d)(1)(B)(iii) of the (as defined in such section, and including the drug discount program under this sec- Social Security Act that would meet the re- coverage under a church plan, a govern- tion. quirements of paragraph (1), including the mental plan, or a collectively bargained ‘‘(vi) The establishment of a requirement disproportionate share adjustment percent- plan); that manufacturers and wholesalers use the age requirement under subparagraph (B) of ‘‘(C) coverage under a Federal health care identification system developed by the Sec- such paragraph, if the hospital were a sub- program (as defined by section 1128B(f) of the retary for purposes of facilitating the order- section (d) hospital as defined by section Social Security Act); or ing, purchasing, and delivery of covered in- 1886(d)(1)(B) of the Social Security Act. ‘‘(D) such other health benefits coverage as patient drugs under this section, including ‘‘(3) A free-standing cancer hospital ex- the Secretary recognizes for purposes of this the processing of chargebacks for such drugs. cluded from the Medicare prospective pay- section. ‘‘(vii) The imposition of sanctions in the ment system pursuant to section ‘‘(4) MANUFACTURER.—The term ‘manufac- form of civil monetary penalties, which— 1886(d)(1)(B)(v) of the Social Security Act turer’ has the meaning given such term in ‘‘(I) shall be assessed according to stand- that would meet the requirements of para- section 1927(k) of the Social Security Act. ards and procedures established in regula- graph (1), including the disproportionate ‘‘(d) PROGRAM INTEGRITY.— tions to be promulgated by the Secretary not share adjustment percentage requirement ‘‘(1) MANUFACTURER COMPLIANCE.— later than January 1, 2011; under subparagraph (B) of such paragraph, if ‘‘(A) IN GENERAL.—From amounts appro- ‘‘(II) shall not exceed $10,000 per single dos- the hospital were a subsection (d) hospital as priated under subsection (f), the Secretary age form of a covered inpatient drug pur- defined by section 1886(d)(1)(B) of the Social shall provide for improvements in compli- chased by a covered entity where a manufac- Security Act. ance by manufacturers with the require- turer knowingly charges such covered entity ‘‘(4) An entity that is a critical access hos- ments of this section in order to prevent a price for such drug that exceeds the ceiling pital (as determined under section 1820(c)(2) overcharges and other violations of the dis- price under subsection (a)(1); and of the Social Security Act), and that meets counted pricing requirements specified in ‘‘(III) shall not exceed $100,000 for each in- the requirements of paragraph (1)(A). this section. stance where a manufacturer withholds or

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4687 provides materially false information to the spector General’) shall audit covered entities SEC. 517. CONTINUED INCLUSION OF ORPHAN Secretary or to covered entities under this under this section to verify compliance with DRUGS IN DEFINITION OF COVERED section or knowingly violates any provision criteria for eligibility and participation OUTPATIENT DRUGS WITH RESPECT of this section (other than subsection (a)(1)). under this section, including the TO CHILDREN’S HOSPITALS UNDER THE 340B DRUG DISCOUNT PRO- ‘‘(2) COVERED ENTITY COMPLIANCE.— antidiversion prohibitions under subsection GRAM. ‘‘(A) IN GENERAL.—From amounts appro- (a)(4)(B), and take enforcement action or (a) DEFINITION OF COVERED OUTPATIENT priated under subsection (f), the Secretary provide information to the Secretary who DRUG.— shall provide for improvements in compli- shall take action to ensure program compli- (1) AMENDMENT.—Subsection (e) of section ance by covered entities with the require- ance, as appropriate. A covered entity shall 340B of the Public Health Service Act (42 ments of this section in order to prevent di- provide to the Inspector General, upon re- U.S.C. 256b) is amended by striking ‘‘covered version and violations of the duplicate dis- quest, records relevant to such audits. entities described in subparagraph (M)’’and count provision and other requirements spec- ‘‘(2) REPORT.—For each audit conducted inserting ‘‘covered entities described in sub- ified under subsection (a)(4). under paragraph (1), the Inspector General paragraph (M) (other than a children’s hos- ‘‘(B) IMPROVEMENTS.—The improvements shall prepare and publish in a timely manner pital described in subparagraph (M))’’. described in subparagraph (A) shall include a report which shall include findings and rec- (2) EFFECTIVE DATE.—The amendment the following: ommendations regarding— made by paragraph (1) shall take effect as if ‘‘(i) The development of procedures to en- ‘‘(A) the appropriateness of covered entity included in the enactment of section 2302 of able and require covered entities to update eligibility determinations and, as applicable, the Health Care and Education Reconcili- at least annually the information on the certifications; ation Act of 2010 (Public Law 111–152). Internet website supported by the Depart- ‘‘(B) the effectiveness of antidiversion pro- ment of Health and Human Services relating hibitions; and (b) TECHNICAL AMENDMENT.—Subparagraph to this section. ‘‘(C) the effectiveness of restrictions on in- (B) of section 1927(a)(5) of the Social Secu- ‘‘(ii) The development of procedures for the patient dispensing and administration. rity Act (42 U.S.C. 1396r–8(a)(5)) is amended Secretary to verify the accuracy of informa- by striking ‘‘and a children’s hospital’’ and tion regarding covered entities that is listed ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— all that follows through the end of the sub- on the website described in clause (i). There are authorized to be appropriated to paragraph and inserting a period. ‘‘(iii) The development of more detailed carry out this section such sums as may be SEC. 518. CONFORMING AMENDMENT RELATED guidance describing methodologies and op- necessary for fiscal year 2011 and each suc- TO WAIVER OF COINSURANCE FOR tions available to covered entities for billing ceeding fiscal year.’’. PREVENTIVE SERVICES. covered inpatient drugs to State Medicaid (b) RULEMAKING.—Not later than January Effective as if included in section agencies in a manner that avoids duplicate 1, 2011, the Secretary shall promulgate regu- 10501(i)(2)(A) of Public Law 111–148, section discounts pursuant to subsection (a)(4)(A). lations implementing section 340B–1 of the 1833(a)(3)(A) of the Social Security Act (42 ‘‘(iv) The establishment of a single, uni- U.S.C. 1395l(a)(3)(A)) is amended by striking versal, and standardized identification sys- Public Health Service Act (as added by subsection (a)). ‘‘section 1861(s)(10)(A)’’ and inserting ‘‘sec- tem by which each covered entity site and tion 1861(ddd)(3)’’. each covered entity’s purchasing status (c) CONFORMING AMENDMENT TO SECTION under sections 340B and this section can be SEC. 519. ESTABLISH A CMS–IRS DATA MATCH TO 340B.—Paragraph (1) of section 340B(a) of the IDENTIFY FRAUDULENT PROVIDERS. identified by manufacturers, distributors, Public Health Service Act (42 U.S.C. 256b(a)) covered entities, and the Secretary for pur- (a) AUTHORITY TO DISCLOSE RETURN INFOR- is amended by adding at the end the fol- MATION CONCERNING OUTSTANDING TAX DEBTS poses of facilitating the ordering, pur- lowing: ‘‘Such agreement shall further re- chasing, and delivery of covered inpatient FOR PURPOSES OF ENHANCING MEDICARE PRO- quire that, if the supply of a covered out- drugs under this section, including the proc- GRAM INTEGRITY.— essing of chargebacks for such drugs. patient drug is insufficient to meet demand, (1) IN GENERAL.—Section 6103(l) of the In- ‘‘(v) The imposition of sanctions in the then the manufacturer may use an alloca- ternal Revenue Code of 1986 is amended by form of civil monetary penalties, which— tion method that is reported in writing to, adding at the end the following new para- ‘‘(I) shall be assessed according to stand- and approved by, the Secretary and does not graph: ards and procedures established in regula- discriminate on the basis of the price paid by ‘‘(22) DISCLOSURE OF RETURN INFORMATION tions promulgated by the Secretary; and covered entities or on any other basis related TO DEPARTMENT OF HEALTH AND HUMAN SERV- ‘‘(II) shall not exceed $10,000 for each in- to the participation of an entity in the pro- ICES FOR PURPOSES OF ENHANCING MEDICARE stance where a covered entity knowingly gram under this section. The agreement with PROGRAM INTEGRITY.— violates subsection (a)(4)(B) or knowingly a manufacturer under this paragraph may, ‘‘(A) IN GENERAL.—The Secretary shall, violates any other provision of this section. at the discretion of the Secretary, be in- upon written request from the Secretary of Health and Human Services, disclose to offi- ‘‘(vi) The termination of a covered entity’s cluded in the agreement with the same man- cers and employees of the Department of participation in the program under this sec- ufacturer under section 340B–1.’’. tion, for a period of time to be determined by Health and Human Services return informa- the Secretary, in cases in which the Sec- (d) CONFORMING AMENDMENTS TO MED- tion with respect to a taxpayer who has ap- retary determines, in accordance with stand- ICAID.—Section 1927 of the Social Security plied to enroll, or reenroll, as a provider of ards and procedures established by regula- Act (42 U.S.C. 1396r–8) is amended— services or supplier under the Medicare pro- tion, that— (1) in subsection (a)— gram under title XVIII of the Social Secu- ‘‘(I) the violation by a covered entity of a (A) in paragraph (1), in the first sentence, rity Act. Such return information shall be requirement of this section was repeated and by striking ‘‘and paragraph (6)’’ and insert- limited to— knowing; and ing ‘‘, paragraph (6), and paragraph (8)’’; and ‘‘(i) the taxpayer identity information with ‘‘(II) imposition of a monetary penalty (B) by adding at the end the following new respect to such taxpayer; would be insufficient to reasonably ensure paragraph: ‘‘(ii) the amount of the delinquent tax debt compliance with the requirements of this ‘‘(8) LIMITATION ON PRICES OF DRUGS PUR- owed by that taxpayer; and section. CHASED BY 340B–1-COVERED ENTITIES.— ‘‘(iii) the taxable year to which the delin- ‘‘(vii) The referral of matters, as appro- ‘‘(A) AGREEMENT WITH SECRETARY.—A man- quent tax debt pertains. priate, to the Food and Drug Administra- ufacturer meets the requirements of this ‘‘(B) RESTRICTION ON DISCLOSURE.—Return tion, the Office of the Inspector General of paragraph if the manufacturer has entered information disclosed under subparagraph the Department of Health and Human Serv- into an agreement with the Secretary that (A) may be used by officers and employees of ices, or other Federal or State agencies. meets the requirements of section 340B–1 of the Department of Health and Human Serv- ‘‘(3) ADMINISTRATIVE DISPUTE RESOLUTION the Public Health Service Act with respect ices for the purposes of, and to the extent PROCESS.—From amounts appropriated under to covered inpatient drugs (as defined in necessary in, establishing the taxpayer’s eli- subsection (f), the Secretary may establish such section) purchased by a 340B–1-covered gibility for enrollment or reenrollment in and implement an administrative process for entity on or after January 1, 2011. the Medicare program, or in any administra- the resolution of the following: ‘‘(B) 340B–1-COVERED ENTITY DEFINED.—In tive or judicial proceeding relating to, or ‘‘(A) Claims by covered entities that manu- this subsection, the term ‘340B–1-covered en- arising from, a denial of such enrollment or facturers have violated the terms of their tity’ means an entity described in section reenrollment, or in determining the level of agreement with the Secretary under sub- 340B–1(b) of the Public Health Service Act.’’; enhanced oversight to be applied with re- section (a)(1). and spect to such taxpayer pursuant to section ‘‘(B) Claims by manufacturers that covered (2) in subsection (c)(1)(C)(i)(I)— 1866(j)(3) of the Social Security Act. entities have violated subsection (a)(4)(A) or (A) by striking ‘‘or’’ before ‘‘a covered en- ‘‘(C) DELINQUENT TAX DEBT.—For purposes (a)(4)(B). tity’’; and of this paragraph, the term ‘delinquent tax ‘‘(e) AUDIT AND SANCTIONS.— (B) by inserting before the semicolon the debt’ means an outstanding debt under this ‘‘(1) AUDIT.—From amounts appropriated following: ‘‘, or a covered entity for a cov- title for which a notice of lien has been filed under subsection (f), the Inspector General of ered inpatient drug (as such terms are de- pursuant to section 6323, but the term does the Department of Health and Human Serv- fined in section 340B–1of the Public Health not include a debt that is being paid in a ices (referred to in this subsection as the ‘In- Service Act)’’. timely manner pursuant to an agreement

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4688 CONGRESSIONAL RECORD — SENATE June 8, 2010 under section 6159 or 7122, or a debt with re- graph (1)(A) for 2011 and subsequent years as erage of the remaining MSAs with lower spect to which a collection due process hear- if subparagraph (A) had never applied. GAFs is less than 1.05, and the remaining ing under section 6330 is requested, pending, ‘‘(12) UPDATE FOR 2011.— group of MSAs with lower GAFs shall be or completed and no payment is required.’’. ‘‘(A) IN GENERAL.—Subject to paragraphs treated as a single rest-of-State fee schedule (2) CONFORMING AMENDMENTS.—Section (7)(B), (8)(B), (9)(B), (10)(B), and (11)(B), in area. 6103(p)(4) of such Code, as amended by sec- lieu of the update to the single conversion ‘‘(VII) For purposes of the iterative process tions 1414 and 3308 of Public Law 111–148, in factor established in paragraph (1)(C) that described in this clause, if two MSAs have the matter preceding subparagraph (A) and would otherwise apply for 2011, the update to identical GAFs, they shall be combined. in subparagraph (F)(ii), is amended by strik- the single conversion factor shall be 1.0 per- ‘‘(ii) TRANSITION.—For services furnished ing ‘‘or (17)’’ and inserting ‘‘(17), or (22)’’ cent. on or after January 1, 2012, and before Janu- each place it appears. ‘‘(B) NO EFFECT ON COMPUTATION OF CON- ary 1, 2017, in the State of California, after (b) SECRETARY’S AUTHORITY TO USE INFOR- VERSION FACTOR FOR 2012 AND SUBSEQUENT calculating the work, practice expense, and MATION FROM THE DEPARTMENT OF TREASURY YEARS.—The conversion factor under this malpractice geographic indices that would IN MEDICARE ENROLLMENTS AND REENROLL- subsection shall be computed under para- otherwise be determined under clauses (i), MENTS.—Section 1866(j)(2) of the Social Secu- graph (1)(A) for 2012 and subsequent years as (ii), and (iii) of paragraph (1)(A) for a fee rity Act (42 U.S.C. 1395cc(j)), as inserted by if subparagraph (A) had never applied.’’. schedule area determined under clause (i), if section 6401(a) of Public Law 111–148, is fur- (b) STATUTORY PAYGO.—The budgetary ef- the index for a county within a fee schedule ther amended— fects of this Act, for the purpose of com- area is less than the index that would other- (1) by redesignating subparagraph (E) as plying with the Statutory Pay-As-You-Go wise be in effect for such county, the Sec- subparagraph (F); and Act of 2010, shall be determined by reference retary shall instead apply the index that (2) by inserting after subparagraph (D) the to the latest statement titled ‘‘Budgetary would otherwise be in effect for such county. Effects of PAYGO Legislation’’ for this Act, following new subparagraph: ‘‘(B) SUBSEQUENT REVISIONS.—After the ‘‘(E) USE OF INFORMATION FROM THE DE- jointly submitted for printing in the Con- transition described in subparagraph (A)(ii), gressional Record by the Chairmen of the PARTMENT OF TREASURY CONCERNING TAX not less than every 3 years the Secretary House and Senate Budget Committees, pro- DEBTS.—In reviewing the application of a shall review and update the fee schedule vided that such statement has been sub- provider of services or supplier to enroll or areas using the methodology described in mitted prior to the vote on passage in the reenroll under the program under this title, subparagraph (A)(i) and any updated MSAs the Secretary shall take into account the in- House acting first on this conference report or amendment between the Houses. as defined by the Director of the Office of formation supplied by the Secretary of the Management and Budget. The Secretary Treasury pursuant to section 6103(l)(22) of SEC. 522. ADJUSTMENT TO MEDICARE PAYMENT LOCALITIES. shall review and make any changes pursuant the Internal Revenue Code of 1986, in deter- to such reviews concurrent with the applica- mining whether to deny such application or (a) IN GENERAL.—Section 1848(e) of the So- cial Security Act (42 U.S.C.1395w–4(e)) is tion of the periodic review of the adjustment to apply enhanced oversight to such provider amended by adding at the end the following factors required under paragraph (1)(C) for of services or supplier pursuant to paragraph new paragraph: California. (3) if the Secretary determines such provider ‘‘(6) TRANSITION TO USE OF MSAS AS FEE ‘‘(C) REFERENCES TO FEE SCHEDULE AREAS.— of services or supplier owes such a debt.’’. SCHEDULE AREAS IN CALIFORNIA.— Effective for services furnished on or after (c) AUTHORITY TO ADJUST PAYMENTS OF ‘‘(A) IN GENERAL.— January 1, 2012, for the State of California, PROVIDERS OF SERVICES AND SUPPLIERS WITH ‘‘(i) REVISION.—Subject to clause (ii) and any reference in this section to a fee sched- THE SAME TAX IDENTIFICATION NUMBER FOR ule area shall be deemed a reference to a fee MEDICARE OBLIGATIONS.—Section 1866(j)(5) of notwithstanding the previous provisions of this subsection, for services furnished on or schedule area established in accordance with the Social Security Act (42 U.S.C. this paragraph.’’. 1395cc(j)(5)), as inserted by section 6401(a) of after January 1, 2012, the Secretary shall re- (b) CONFORMING AMENDMENT TO DEFINITION Public Law 111–148, is amended— vise the fee schedule areas used for payment OF FEE SCHEDULE AREA.—Section 1848(j)(2) of (1) in the paragraph heading, by striking under this section applicable to the State of the Social Security Act (42 U.S.C. 1395w(j)(2)) ‘‘PAST-DUE’’ and inserting ‘‘MEDICARE’’; California using the Metropolitan Statistical is amended by striking ‘‘The term’’ and in- (2) in subparagraph (A), by striking ‘‘past- Area (MSA) iterative Geographic Adjust- serting ‘‘Except as provided in subsection due obligations described in subparagraph ment Factor methodology as follows: (e)(6)(C), the term’’. (B)(ii) of an’’ and inserting ‘‘amount de- ‘‘(I) The Secretary shall configure the phy- scribed in subparagraph (B)(ii) due from sician fee schedule areas using the Metro- SEC. 523. CLARIFICATION OF 3-DAY PAYMENT such’’; and politan Statistical Areas (each in this para- WINDOW. (3) in subparagraph (B)(ii), by striking ‘‘a graph referred to as an ‘MSA’), as defined by (a) IN GENERAL.—Section 1886 of the Social past-due obligation’’ and inserting ‘‘an the Director of the Office of Management Security Act (42 U.S.C. 1395ww) is amended— amount that is more than the amount re- and Budget as of the date of the enactment (1) by adding at the end of subsection (a)(4) quired to be paid’’. of this paragraph, as the basis for the fee the following new sentence: ‘‘In applying the first sentence of this paragraph, the term SEC. 520. CLARIFICATION OF EFFECTIVE DATE schedule areas. OF PART B SPECIAL ENROLLMENT ‘‘(II) For purposes of this clause, the Sec- ‘other services related to the admission’ in- PERIOD FOR DISABLED TRICARE retary shall treat all areas not included in cludes all services that are not diagnostic BENEFICIARIES. an MSA as a single rest-of-State MSA and services (other than ambulance and mainte- Effective as if included in the enactment of any reference in this paragraph to an MSA nance renal dialysis services) for which pay- Public Law 111–148, section 3110(a)(2) of such shall be deemed to include a reference to ment may be made under this title that are Act is amended to read as follows: such rest-of-State MSA. provided by a hospital (or an entity wholly ‘‘(2) EFFECTIVE DATE.—The amendment ‘‘(III) The Secretary shall list all MSAs owned or operated by the hospital) to a pa- made by paragraph (1) shall apply to elec- within the State by Geographic Adjustment tient— tions made after the date of the enactment Factor described in paragraph (2) (in this ‘‘(A) on the date of the patient’s inpatient of this Act.’’. paragraph referred to as a ‘GAF’) in descend- admission; or SEC. 521. PHYSICIAN PAYMENT UPDATE. ing order. ‘‘(B) during the 3 days (or, in the case of a (a) IN GENERAL.—Section 1848(d) of the So- ‘‘(IV) In the first iteration, the Secretary hospital that is not a subsection (d) hospital, cial Security Act (42 U.S.C. 1395w–4(d)) is shall compare the GAF of the highest cost during the 1 day) immediately preceding the amended— MSA in the State to the weighted-average date of such admission unless the hospital (1) in paragraph (10), in the heading, by GAF of all the remaining MSAs in the State. demonstrates (in a form and manner, and at striking ‘‘PORTION’’ and inserting ‘‘THE FIRST If the ratio of the GAF of the highest cost a time, specified by the Secretary) that such 5 MONTHS’’; and MSA to the weighted-average of the GAF of services are not related (as determined by (2) by adding at the end the following new remaining lower cost MSAs is 1.05 or greater, the Secretary) to such admission.’’; and paragraphs: the highest cost MSA shall be a separate fee (2) in subsection (d)(7)— ‘‘(11) UPDATE FOR THE LAST 7 MONTHS OF schedule area. (A) in subparagraph (A), by striking ‘‘and’’ 2010.— ‘‘(V) In the next iteration, the Secretary at the end; ‘‘(A) IN GENERAL.—Subject to paragraphs shall compare the GAF of the MSA with the (B) in subparagraph (B), by striking the pe- (7)(B), (8)(B), (9)(B), and (10)(B), in lieu of the second-highest GAF to the weighted-average riod and inserting ‘‘, and’’; and update to the single conversion factor estab- GAF of the all the remaining MSAs (exclud- (C) by adding at the end the following new lished in paragraph (1)(C) that would other- ing MSAs that become separate fee schedule subparagraph: wise apply for 2010 for the period beginning areas). If the ratio of the second-highest ‘‘(C) the determination of whether services on June 1, 2010, and ending on December 31, MSA’s GAF to the weighted-average of the provided prior to a patient’s inpatient admis- 2010, the update to the single conversion fac- remaining lower cost MSAs is 1.05 or greater, sion are related to the admission (as de- tor shall be 2.2 percent. the second-highest MSA shall be a separate scribed in subsection (a)(4)).’’. ‘‘(B) NO EFFECT ON COMPUTATION OF CON- fee schedule area. (b) EFFECTIVE DATE.—The amendments VERSION FACTOR FOR 2011 AND SUBSEQUENT ‘‘(VI) The iterative process shall continue made by subsection (a) shall apply to serv- YEARS.—The conversion factor under this until the ratio of the GAF of the MSA with ices furnished on or after the date of the en- subsection shall be computed under para- highest remaining GAF to the weighted-av- actment of this Act.

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(c) NO REOPENING OF PREVIOUSLY BUNDLED ‘‘(3) CERTIFICATION BY CHIEF EXECUTIVE OF- (Public Law 111–5), $5,000,000, to remain CLAIMS.— FICER.—No additional Federal funds shall be available until expended, which may be (1) IN GENERAL.—The Secretary of Health paid to a State as a result of this section transferred and merged with the appropria- and Human Services may not reopen a claim, with respect to a calendar quarter occurring tion for ‘‘Small Business Administration— adjust a claim, or make a payment pursuant during the period beginning on January 1, Salaries and Expenses’’. to any request for payment under title XVIII 2011, and ending on June 30, 2011, unless, not SEC. 604. EMERGENCY AGRICULTURAL DISASTER of the Social Security Act, submitted by an later than 45 days after the date of enact- ASSISTANCE. entity (including a hospital or an entity ment of this paragraph, the chief executive (a) DEFINITIONS.—Except as otherwise pro- wholly owned or operated by the hospital) officer of the State certifies that the State vided in this section, in this section: for services described in paragraph (2) for will request and use such additional Federal (1) DISASTER COUNTY.— purposes of treating, as unrelated to a pa- funds.’’; and (A) IN GENERAL.—The term ‘‘disaster coun- tient’s inpatient admission, services pro- (5) in subsection (h)(3), by striking ‘‘De- ty’’ means a county included in the geo- vided during the 3 days (or, in the case of a cember 31, 2010’’ and inserting ‘‘June 30, graphic area covered by a qualifying natural hospital that is not a subsection (d) hospital, 2011’’. disaster declaration for the 2009 crop year. (B) EXCLUSION.—The term ‘‘disaster coun- during the 1 day) immediately preceding the TITLE VI—OTHER PROVISIONS ty’’ does not include a contiguous county. date of the patient’s inpatient admission. SEC. 601. EXTENSION OF NATIONAL FLOOD IN- (2) SERVICES DESCRIBED.—For purposes of (2) ELIGIBLE AQUACULTURE PRODUCER.—The SURANCE PROGRAM. term ‘‘eligible aquaculture producer’’ means paragraph (1), the services described in this (a) EXTENSION.—Section 129 of the Con- paragraph are other services related to the an aquaculture producer that during the 2009 tinuing Appropriations Resolution, 2010 calendar year, as determined by the Sec- admission (as described in section 1886(a)(4) (Public Law 111–68), as amended by section of the Social Security Act (42 U.S.C. retary— 7(a) of Public Law 111–157, is amended by (A) produced an aquaculture species for 1395ww(a)(4)), as amended by subsection (a)) striking ‘‘by substituting’’ and all that fol- which were previously included on a claim or which feed costs represented a substantial lows through the period at the end, and in- percentage of the input costs of the aqua- request for payment submitted under part A serting ‘‘by substituting December 31, 2010, of title XVIII of such Act for which a reopen- culture operation; and for the date specified in each such section.’’. (B) experienced a substantial price in- ing, adjustment, or request for payment (b) EFFECTIVE DATE.—The amendments under part B of such title, was not submitted crease of feed costs above the previous 5-year made by subsection (a) shall be considered to average. prior to the date of the enactment of this have taken effect on May 31, 2010. (3) ELIGIBLE PRODUCER.—The term ‘‘eligible Act. SEC. 602. ALLOCATION OF GEOTHERMAL RE- producer’’ means an agricultural producer in (d) IMPLEMENTATION.—Notwithstanding CEIPTS. a disaster county. any other provision of law, the Secretary of Notwithstanding any other provision of (4) ELIGIBLE SPECIALTY CROP PRODUCER.— Health and Human Services may implement law, for fiscal year 2010 only, all funds re- The term ‘‘eligible specialty crop producer’’ the provisions of this section (and amend- ceived from sales, bonuses, royalties, and means an agricultural producer that, for the ments made by this section) by program in- rentals under the Geothermal Steam Act of 2009 crop year, as determined by the Sec- struction or otherwise. 1970 (30 U.S.C. 1001 et seq.) shall be deposited retary— (e) RULE OF CONSTRUCTION.—Nothing in the in the Treasury, of which— (A) produced, or was prevented from plant- amendments made by this section shall be (1) 50 percent shall be used by the Sec- ing, a specialty crop; and construed as changing the policy described retary of the Treasury to make payments to (B) experienced specialty crop losses in a in section 1886(a)(4) of the Social Security States within the boundaries of which the disaster county due to drought, excessive Act (42 U.S.C. 1395ww(a)(4)), as applied by the leased land and geothermal resources are lo- rainfall, or a related condition. Secretary of Health and Human Services be- cated; (5) QUALIFYING NATURAL DISASTER DECLARA- fore the date of the enactment of this Act, (2) 25 percent shall be used by the Sec- TION.—The term ‘‘qualifying natural disaster with respect to diagnostic services. retary of the Treasury to make payments to declaration’’ means a natural disaster de- SEC. 524. EXTENSION OF ARRA INCREASE IN the counties within the boundaries of which clared by the Secretary for production losses FMAP. the leased land or geothermal resources are under section 321(a) of the Consolidated Section 5001 of the American Recovery and located; and Farm and Rural Development Act (7 U.S.C. Reinvestment Act of 2009 (Public Law 111–5) (3) 25 percent shall be deposited in mis- 1961(a)). is amended— cellaneous receipts. (6) SECRETARY.—The term ‘‘Secretary’’ (1) in subsection (a)(3), by striking ‘‘first SEC. 603. SMALL BUSINESS LOAN GUARANTEE means the Secretary of Agriculture. calendar quarter’’ and inserting ‘‘first 3 cal- ENHANCEMENT EXTENSIONS. (7) SPECIALTY CROP.—The term ‘‘specialty endar quarters’’; (a) APPROPRIATION.—There is appropriated, crop’’ has the meaning given the term in sec- (2) in subsection (c)— out of any funds in the Treasury not other- tion 3 of the Specialty Crops Competitive- (A) in paragraph (2)(B), by striking ‘‘July wise appropriated, for an additional amount ness Act of 2004 (Public Law 108–465; 7 U.S.C. 1, 2010’’ and inserting ‘‘January 1, 2011’’; for ‘‘Small Business Administration—Busi- 1621 note). (B) in paragraph (3)(B)(i), by striking ‘‘July ness Loans Program Account’’, $505,000,000, (b) SUPPLEMENTAL DIRECT PAYMENT.— 1, 2010’’ and inserting ‘‘January 1, 2011’’ each to remain available through December 31, (1) IN GENERAL.—Of the funds of the Com- place it appears; and 2010, for the cost of— modity Credit Corporation, the Secretary (C) in paragraph (4)(C)(ii), by striking ‘‘the (1) fee reductions and eliminations under shall use such sums as are necessary to make 3-consecutive-month period beginning with section 501 of division A of the American Re- supplemental payments under sections 1103 January 2010’’ and inserting ‘‘any 3-consecu- covery and Reinvestment Act of 2009 (Public and 1303 of the Food, Conservation, and En- tive-month period that begins after Decem- Law 111–5; 123 Stat. 151), as amended by this ergy Act of 2008 (7 U.S.C. 8713, 8753) to eligi- ber 2009 and ends before January 2011’’; section; and ble producers on farms located in disaster (3) in subsection (e), by adding at the end (2) loan guarantees under section 502 of di- counties that had at least 1 crop of economic the following: vision A of the American Recovery and Rein- significance (other than specialty crops or ‘‘Notwithstanding paragraph (5), effective for vestment Act of 2009 (Public Law 111–5; 123 crops intended for grazing) suffer at least a payments made on or after January 1, 2010, Stat. 152), as amended by this section. 5-percent crop loss on a farm due to a nat- the increases in the FMAP for a State under Such costs, including the cost of modifying ural disaster, including quality losses, as de- this section shall apply to payments under such loans, shall be as defined in section 502 termined by the Secretary, in an amount title XIX of such Act that are attributable to of the Congressional Budget Act of 1974. equal to 90 percent of the direct payment the expenditures for medical assistance provided (b) EXTENSION OF PROGRAMS.— eligible producers received for the 2009 crop to nonpregnant childless adults made eligi- (1) FEES.—Section 501 of division A of the year on the farm. ble under a State plan under such title (in- American Recovery and Reinvestment Act of (2) ACRE PROGRAM.—Eligible producers cluding under any waiver under such title or 2009 (Public Law 111–5; 123 Stat. 151) is that received direct payments under section under section 1115 of such Act (42 U.S.C. amended by striking ‘‘September 30, 2010’’ 1105 of the Food, Conservation, and Energy 1315)) who would have been eligible for child each place it appears and inserting ‘‘Decem- Act of 2008 (7 U.S.C. 8715) for the 2009 crop health assistance or other health benefits ber 31, 2010’’. year and that otherwise meet the require- under eligibility standards in effect as of De- (2) LOAN GUARANTEES.—Section 502(f) of di- ments of paragraph (1) shall be eligible to re- cember 31, 2009, of a waiver of the State child vision A of the American Recovery and Rein- ceive supplemental payments under that health plan under the title XXI of such vestment Act of 2009 (Public Law 111–5; 123 paragraph in an amount equal to 112.5 per- Act.’’; Stat. 153) is amended by striking ‘‘May 31, cent of the reduced direct payment the eligi- (4) in subsection (g)— 2010’’ and inserting ‘‘December 31, 2010’’. ble producers received for the 2009 crop year (A) in paragraph (1), by striking ‘‘Sep- (c) APPROPRIATION.—There is appropriated under section 1103 or 1303 of the Food, Con- tember 30, 2011’’ and inserting ‘‘March 31, for an additional amount, out of any funds in servation, and Energy Act of 2008 (7 U.S.C. 2012’’; the Treasury not otherwise appropriated, for 8713, 8753). (B) in paragraph (2), by inserting ‘‘of such administrative expenses to carry out sec- (3) RELATIONSHIP TO OTHER LAW.—Assist- Act’’ after ‘‘1923’’; and tions 501 and 502 of division A of the Amer- ance received under this subsection shall be (C) by adding at the end the following: ican Recovery and Reinvestment Act of 2009 included in the calculation of farm revenue

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4690 CONGRESSIONAL RECORD — SENATE June 8, 2010 for the 2009 crop year under section shall use not more than $42,000,000 to provide ble aquaculture producers, submit to the 531(b)(4)(A) of the Federal Crop Insurance supplemental assistance to eligible pro- Secretary a report that describes— Act (7 U.S.C. 1531(b)(4)(A)) and section ducers and first-handlers of the 2009 crop of (i) the manner in which the State provided 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. cottonseed in a disaster county. assistance; 2497(b)(4)(A)). (2) GENERAL TERMS.—Except as otherwise (ii) the amounts of assistance provided per (c) SPECIALTY CROP ASSISTANCE.— provided in this subsection, the Secretary species of aquaculture; and (1) IN GENERAL.—Of the funds of the Com- shall provide disaster assistance under this (iii) the process by which the State deter- modity Credit Corporation, the Secretary subsection under the same terms and condi- mined the levels of assistance to eligible shall use not more than $300,000,000, to re- tions as assistance provided under section aquaculture producers. main available until September 30, 2011, to 3015 of the Emergency Agricultural Disaster (5) REDUCTION IN PAYMENTS.—An eligible carry out a program of grants to States to Assistance Act of 2006 (title III of Public Law aquaculture producer that receives assist- assist eligible specialty crop producers for 109–234; 120 Stat. 477). ance under this subsection shall not be eligi- losses due to a natural disaster affecting the (3) DISTRIBUTION OF ASSISTANCE.—The Sec- ble to receive any other assistance under the 2009 crops, of which not more than— retary shall distribute assistance to first supplemental agricultural disaster assist- (A) $150,000,000 shall be used to assist eligi- handlers for the benefit of eligible producers ance program established under section 531 ble specialty crop producers in counties that in a disaster county in an amount equal to of the Federal Crop Insurance Act (7 U.S.C. have been declared a disaster as the result of the product obtained by multiplying— 1531) and section 901 of the Trade Act of 1974 drought; and (A) the payment rate, as determined under (19 U.S.C. 2497) for any losses in 2009 relating (B) $150,000,000 shall be used to assist eligi- paragraph (4); and to the same species of aquaculture. ble specialty crop producers in counties that (B) the county-eligible production, as de- (6) REPORT TO CONGRESS.—Not later than have been declared a disaster as the result of termined under paragraph (5). 240 days after the date of enactment of this excessive rainfall or a related condition. (4) PAYMENT RATE.—The payment rate Act, the Secretary shall submit to the appro- (2) NOTIFICATION.—Not later than 45 days shall be equal to the quotient obtained by di- priate committees of Congress a report after the date of enactment of this Act, the viding— that— Secretary shall notify the State department (A) the total funds made available to carry (A) describes in detail the manner in which of agriculture (or similar entity) in each out this subsection; by this subsection has been carried out; and State of the availability of funds to assist el- (B) the sum of the county-eligible produc- (B) includes the information reported to igible specialty crop producers, including tion, as determined under paragraph (5). the Secretary under paragraph (4)(C). such terms as are determined by the Sec- (5) COUNTY-ELIGIBLE PRODUCTION.—The retary to be necessary for the equitable (f) HAWAII TRANSPORTATION COOPERATIVE.— county-eligible production shall be equal to treatment of eligible specialty crop pro- Notwithstanding any other provision of law, the product obtained by multiplying— ducers. the Secretary shall use $21,000,000 of funds of (A) the number of acres planted to cotton the Commodity Credit Corporation to make (3) PROVISION OF GRANTS.— in the disaster county, as reported to the a payment to an agricultural transportation (A) IN GENERAL.—The Secretary shall make Secretary by first handlers; grants to States for disaster counties on a cooperative in the State of Hawaii, the mem- (B) the expected cotton lint yield for the pro rata basis based on the value of specialty bers of which are eligible to participate in disaster county, as determined by the Sec- crop losses in those counties during the 2009 the commodity loan program of the Farm retary based on the best available informa- calendar year, as determined by the Sec- Service Agency, for assistance to maintain retary. tion; and and develop employment. (C) the national average seed-to-lint ratio, (B) ADMINISTRATIVE COSTS.—State Sec- (g) LIVESTOCK FORAGE DISASTER PRO- retary of Agriculture may not use more than as determined by the Secretary based on the GRAM.— five percent of the funds provided for costs best available information for the 5 crop (1) DEFINITION OF DISASTER COUNTY.—In associated with the administration of the years immediately preceding the 2009 crop, this subsection: grants provided in paragraph (1). excluding the year in which the average (A) IN GENERAL.—The term ‘‘disaster coun- (C) ADMINISTRATION OF GRANTS.—State Sec- ratio was the highest and the year in which ty’’ means a county included in the geo- retary of Agriculture may enter into a con- the average ratio was the lowest in such pe- graphic area covered by a qualifying natural tract with the Department of Agriculture to riod. disaster declaration announced by the Sec- administer the grants provided in paragraph (e) AQUACULTURE ASSISTANCE.— retary in calendar year 2009. (1). (1) IN GENERAL.—Of the funds of the Com- (B) INCLUSION.—The term ‘‘disaster coun- (D) TIMING.—Not later than 90 days after modity Credit Corporation, the Secretary ty’’ includes a contiguous county. the date of enactment of this Act, the Sec- shall use not more than $25,000,000, to remain (2) PAYMENTS.—Of the funds of the Com- retary shall make grants to States to pro- available until September 30, 2011, to carry modity Credit Corporation, the Secretary vide assistance under this subsection. out a program of grants to States to assist shall use not more than $50,000,000 to carry (E) MAXIMUM GRANT.—The maximum eligible aquaculture producers for losses as- out a program to make payments to eligible amount of a grant made to a State for coun- sociated with high feed input costs during producers that had grazing losses in disaster ties described in paragraph (1)(B) may not the 2009 calendar year. counties in calendar year 2009. exceed $40,000,000. (2) NOTIFICATION.—Not later than 45 days (3) CRITERIA.— (4) REQUIREMENTS.—The Secretary shall after the date of enactment of this Act, the (A) IN GENERAL.—Except as provided in make grants under this subsection only to Secretary shall notify the State department subparagraph (B), assistance under this sub- States that demonstrate to the satisfaction of agriculture (or similar entity) in each section shall be determined under the same of the Secretary that the State will— State of the availability of funds to assist el- criteria as are used to carry out the pro- (A) use grant funds to issue payments to igible aquaculture producers, including such grams under section 531(d) of the Federal eligible specialty crop producers; terms as are determined by the Secretary to Crop Insurance Act (7 U.S.C. 1531(d)) and sec- (B) provide assistance to eligible specialty be necessary for the equitable treatment of tion 901(d) of the Trade Act of 1974 (19 U.S.C. crop producers not later than 60 days after eligible aquaculture producers. 2497(d)). the date on which the State receives grant (3) PROVISION OF GRANTS.— (B) DROUGHT INTENSITY.—For purposes of funds; and (A) IN GENERAL.—The Secretary shall make this subsection, an eligible producer shall (C) not later than 30 days after the date on grants to States under this subsection on a not be required to meet the drought inten- which the State provides assistance to eligi- pro rata basis based on the amount of aqua- sity requirements of section 531(d)(3)(D)(ii) of ble specialty crop producers, submit to the culture feed used in each State during the the Federal Crop Insurance Act (7 U.S.C. Secretary a report that describes— 2009 calendar year, as determined by the Sec- 1531(d)(3)(D)(ii)) and section 901(d)(3)(D)(ii) of (i) the manner in which the State provided retary. the Trade Act of 1974 (19 U.S.C. assistance; (B) TIMING.—Not later than 90 days after 2497(d)(3)(D)(ii)). (ii) the amounts of assistance provided by the date of enactment of this Act, the Sec- (4) AMOUNT.—Assistance under this sub- type of specialty crop; and retary shall make grants to States to pro- section shall be in an amount equal to 1 (iii) the process by which the State deter- vide assistance under this subsection. monthly payment using the monthly pay- mined the levels of assistance to eligible spe- (4) REQUIREMENTS.—The Secretary shall ment rate under section 531(d)(3)(B) of the cialty crop producers. make grants under this subsection only to Federal Crop Insurance Act (7 U.S.C. (D) RELATION TO OTHER LAW.—Assistance States that demonstrate to the satisfaction 1531(d)(3)(B)) and section 901(d)(3)(B) of the received under this subsection shall be in- of the Secretary that the State will— Trade Act of 1974 (19 U.S.C. 2497(d)(3)(B)). cluded in the calculation of farm revenue for (A) use grant funds to assist eligible aqua- (5) RELATION TO OTHER LAW.—An eligible the 2009 crop year under section 531(b)(4)(A) culture producers; producer that receives assistance under this of the Federal Crop Insurance Act (7 U.S.C. (B) provide assistance to eligible aqua- subsection shall be ineligible to receive as- 1531(b)(4)(A)) and section 901(b)(4)(A) of the culture producers not later than 60 days sistance for 2009 grazing losses under the pro- Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). after the date on which the State receives gram carried out under section 531(d) of the (d) COTTONSEED ASSISTANCE.— grant funds; and Federal Crop Insurance Act (7 U.S.C. 1531(d)) (1) IN GENERAL.—Of the funds of the Com- (C) not later than 30 days after the date on and section 901(d) of the Trade Act of 1974 (19 modity Credit Corporation, the Secretary which the State provides assistance to eligi- U.S.C. 2497(d)).

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(h) EMERGENCY LOANS FOR POULTRY PRO- tion and the amendment made by this sec- the formula established under section 1338 DUCERS.— tion shall be made without regard to— and taking into account different per unit (1) DEFINITIONS.—In this subsection: (i) the notice and comment provisions of subsidy needs among states, as determined (A) ANNOUNCEMENT DATE.—The term ‘‘an- section 553 of title 5, United States Code; by the Secretary. nouncement date’’ means the date on which (ii) the Statement of Policy of the Sec- (b) AMENDMENTS.—Section 1338 of the Fed- the Secretary announces the emergency loan retary of Agriculture effective July 24, 1971 eral Housing Enterprises Financial Safety program under this subsection. (36 Fed. Reg. 13804), relating to notices of and Soundness Act of 1992 (12 U.S.C. 4568) is (B) POULTRY INTEGRATOR.—The term ‘‘poul- proposed rulemaking and public participa- amended— try integrator’’ means a poultry integrator tion in rulemaking; and (1) in subsection (c)— that filed proceedings under chapter 11 of (iii) chapter 35 of title 44, United States (A) in paragraph (4)(A) by inserting after title 11, United States Code, in United States Code (commonly known as the ‘‘Paperwork the period at the end the following: ‘‘Not- Bankruptcy Court during the 30-day period Reduction Act’’). withstanding any other provision of law, for beginning on December 1, 2008. (C) CONGRESSIONAL REVIEW OF AGENCY the fiscal year following enactment of this (2) LOAN PROGRAM.— RULEMAKING.—In carrying out this para- sentence and thereafter, the Secretary may (A) IN GENERAL.—Of the funds of the Com- graph, the Secretary shall use the authority make such notice available only on the modity Credit Corporation, the Secretary provided under section 808 of title 5, United Internet at the appropriate government shall use not more than $75,000,000, to remain States Code. website or websites or through other elec- available until expended, for the cost of (2) ADMINISTRATIVE COSTS.—Of the funds of tronic media, as determined by the Sec- making no-interest emergency loans avail- the Commodity Credit Corporation, the Sec- retary.’’; able to poultry producers that meet the re- retary may use up to $10,000,000 to pay ad- (B) in paragraph (5)(C), by striking ‘‘(8)’’ quirements of this subsection. ministrative costs incurred by the Secretary and inserting ‘‘(9)’’; and (B) TERMS AND CONDITIONS.—Except as oth- that are directly related to carrying out this (C) in paragraph (7)(A)— erwise provided in this subsection, emer- Act. (i) by striking ‘‘section 1335(a)(2)(B)’’ and gency loans under this subsection shall be (3) PROHIBITION.—None of the funds of the inserting ‘‘section 1335(a)(1)(B)’’; and subject to such terms and conditions as are Agricultural Disaster Relief Trust Fund es- (ii) by inserting ‘‘the units funded under’’ determined by the Secretary. tablished under section 902 of the Trade Act after ‘‘75 percent of’’; and (3) LOANS.— of 1974 (19 U.S.C. 2497a) may be used to carry (2) by adding at the end the following new (A) IN GENERAL.—An emergency loan made out this Act. subsection: to a poultry producer under this subsection SEC. 605. SUMMER EMPLOYMENT FOR YOUTH. ‘‘(k) ENVIRONMENTAL REVIEW.—For the pur- shall be for the purpose of providing financ- There is appropriated, out of any funds in pose of environmental compliance review, ing to the poultry producer in response to fi- the Treasury not otherwise appropriated, for funds awarded under this section shall be nancial losses associated with the termi- an additional amount for ‘‘Department of subject to section 288 of the HOME Invest- nation or nonrenewal of any contract be- Labor—Employment and Training Adminis- ment Partnerships Act (12 U.S.C. 12838) and tween the poultry producer and a poultry in- tration—Training and Employment Serv- shall be treated as funds under the program tegrator. ices’’ for activities under the Workforce In- established by such Act.’’. (B) ELIGIBILITY.— vestment Act of 1998 (‘‘WIA’’), $1,000,000,000 SEC. 607. THE INDIVIDUAL INDIAN MONEY AC- (i) IN GENERAL.—To be eligible for an emer- shall be available for obligation on the date gency loan under this subsection, not later COUNT LITIGATION SETTLEMENT of enactment of this Act for grants to States ACT OF 2010. than 90 days after the announcement date, a for youth activities, including summer em- (a) SHORT TITLE.—This section may be poultry producer shall submit to the Sec- ployment for youth: Provided, That no por- cited as the ‘‘Individual Indian Money Ac- retary evidence that— tion of such funds shall be reserved to carry count Litigation Settlement Act of 2010’’. (I) the contract of the poultry producer de- out section 127(b)(1)(A) of the WIA: Provided scribed in subparagraph (A) was not contin- further, That for purposes of section (b) DEFINITIONS.—In this section: ued; and 127(b)(1)(C)(iv) of the WIA, funds available (1) AMENDED COMPLAINT.—The term (II) no similar contract has been awarded for youth activities shall be allotted as if the ‘‘Amended Complaint’’ means the Amended subsequently to the poultry producer. total amount available for youth activities Complaint attached to the Settlement. (ii) REQUIREMENT TO OFFER LOANS.—Not- in the fiscal year does not exceed (2) LAND CONSOLIDATION PROGRAM.—The withstanding any other provision of law, if a $1,000,000,000: Provided further, That with re- term ‘‘Land Consolidation Program’’ means poultry producer meets the eligibility respect to the youth activities provided with a program conducted in accordance with the quirements described in clause (i), subject to such funds, section 101(13)(A) of the WIA Settlement and the Indian Land Consolida- the availability of funds under paragraph shall be applied by substituting ‘‘age 24’’ for tion Act (25 U.S.C. 2201 et seq.) under which (2)(A), the Secretary shall offer to make a ‘‘age 21’’: Provided further, That the work the Secretary may purchase fractional inter- loan under this subsection to the poultry readiness performance indicator described in ests in trust or restricted land. producer with a minimum term of 2 years. section 136(b)(2)(A)(ii)(I) of the WIA shall be (3) LITIGATION.—The term ‘‘Litigation’’ (4) ADDITIONAL REQUIREMENTS.— the only measure of performance used to as- means the case entitled Elouise Cobell et al. (A) IN GENERAL.—A poultry producer that sess the effectiveness of summer employ- v. Ken Salazar et al., United States District receives an emergency loan under this sub- ment for youth provided with such funds: Court, District of Columbia, Civil Action No. section may use the emergency loan pro- Provided further, That an amount that is not 96–1285 (JR). ceeds only to repay the amount that the more than 1 percent of such amount may be (4) PLAINTIFF.—The term ‘‘Plaintiff’’ poultry producer owes to any lender for the used for the administration, management, means a member of any class certified in the purchase, improvement, or operation of the and oversight of the programs, activities, Litigation. poultry farm. and grants carried out with such funds, in- (5) SECRETARY.—The term ‘‘Secretary’’ (B) CONVERSION OF THE LOAN.—A poultry cluding the evaluation of the use of such means the Secretary of the Interior. producer that receives an emergency loan funds: Provided further, That funds available (6) SETTLEMENT.—The term ‘‘Settlement’’ under this subsection shall be eligible to under the preceding proviso, together with means the Class Action Settlement Agree- have the balance of the emergency loan con- funds described in section 801(a) of division A ment dated December 7, 2009, in the Litiga- verted, but not refinanced, to a loan that has of the American Recovery and reinvestment tion, as modified by the parties to the Liti- the same terms and conditions as an oper- Act of 2009 (Public Law 111–5), and funds pro- gation. ating loan under subtitle B of the Consoli- vided in such Act under the heading ‘‘De- (7) TRUST ADMINISTRATION CLASS.—The dated Farm and Rural Development Act (7 partment of Labor–Departmental Manage- term ‘‘Trust Administration Class’’ means U.S.C. 1941 et seq.). ment–Salaries and Expenses’’, shall remain the Trust Administration Class as defined in (i) STATE AND LOCAL GOVERNMENTS.—Sec- available for obligation through September the Settlement. tion 1001(f)(6)(A) of the Food Security Act of 30, 2011. (c) PURPOSE.—The purpose of this section 1985 (7 U.S.C. 1308(f)(6)(A)) is amended by in- SEC. 606. HOUSING TRUST FUND. is to authorize the Settlement. serting ‘‘(other than the conservation re- (a) FUNDING.—There is hereby appropriated (d) AUTHORIZATION.—The Settlement is au- serve program established under subchapter for the Housing Trust Fund established pur- thorized, ratified, and confirmed. B of chapter 1 of subtitle D of title XII of suant to section 1338 of the Federal Housing (e) JURISDICTIONAL PROVISIONS.— this Act)’’ before the period at the end. Enterprises Financial Safety and Soundness (1) IN GENERAL.—Notwithstanding the limi- (j) ADMINISTRATION.— Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for tation of jurisdiction of district courts con- (1) REGULATIONS.— use under such section: Provided, That of the tained in section 1346(a)(2) of title 28, United (A) IN GENERAL.—As soon as practicable total amount provided under this heading, States Code, the United States District after the date of enactment of this Act, the $65,000,000 shall be available to the Secretary Court for the District of Columbia shall have Secretary shall promulgate such regulations of Housing and Urban Development only for jurisdiction over the claims asserted in the as are necessary to implement this section incremental project-based voucher assist- Amended Complaint for purposes of the Set- and the amendment made by this section. ance to be allocated to States to be used tlement. (B) PROCEDURE.—The promulgation of the solely in conjunction with grant funds (2) CERTIFICATION OF TRUST ADMINISTRATION regulations and administration of this sec- awarded under such section 1338, pursuant to CLASS.—

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(A) IN GENERAL.—Notwithstanding the re- into account excludible income in computing (f) CONFORMING AMENDMENTS.—Section quirements of the Federal Rules of Civil Pro- adjusted gross income or modified adjusted 14012 of the Food, Conservation, and Energy cedure, the court overseeing the Litigation gross income, including section 86 of that Act of 2008 (Public Law 110–246; 122 Stat. 2209) may certify the Trust Administration Class. Code (relating to Social Security and tier 1 is amended— (B) TREATMENT.—On certification under railroad retirement benefits). (1) in subsection (c)(1)— subparagraph (A), the Trust Administration (2) OTHER BENEFITS.—Notwithstanding any (A) by striking ‘‘subsection (h)’’ and insert- Class shall be treated as a class under Fed- other provision of law, for purposes of deter- ing ‘‘subsection (g)’’; and eral Rule of Civil Procedure 23(b)(3) for pur- mining initial eligibility, ongoing eligibility, (B) by striking ‘‘subsection (i)’’ and insert- poses of the Settlement. or level of benefits under any Federal or fed- ing ‘‘subsection (h)’’; (f) TRUST LAND CONSOLIDATION.— erally assisted program, amounts received by (2) by striking subsection (e); (1) TRUST LAND CONSOLIDATION FUND.— an individual Indian as a lump sum or a peri- (3) in subsection (g), by striking ‘‘sub- (A) ESTABLISHMENT.—On final approval (as odic payment pursuant to the Settlement section (f)’’ and inserting ‘‘subsection (e)’’; defined in the Settlement) of the Settle- shall not be treated for any household mem- (4) in subsection (i)— ment, there shall be established in the Treas- ber, during the 1-year period beginning on (A) by striking ‘‘(1) IN GENERAL.—Of the ury of the United States a fund, to be known the date of receipt— funds’’ and inserting ‘‘Of the funds’’; and as the ‘‘Trust Land Consolidation Fund’’. (A) as income for the month during which (B) by striking paragraph (2); (B) AVAILABILITY OF AMOUNTS.—Amounts the amounts were received; or (5) by striking subsection (j); and in the Trust Land Consolidation Fund shall (B) as a resource. (6) by redesignating subsections (f), (g), (h), be made available to the Secretary during SEC. 608. APPROPRIATION OF FUNDS FOR FINAL (i), and (k) as subsections (e), (f), (g), (h), and the 10-year period beginning on the date of SETTLEMENT OF CLAIMS FROM IN (i), respectively. final approval of the Settlement— RE BLACK FARMERS DISCRIMINA- SEC. 609. EXPANSION OF ELIGIBILITY FOR CON- (i) to conduct the Land Consolidation Pro- TION LITIGATION. CURRENT RECEIPT OF MILITARY RE- gram; and (a) DEFINITIONS.—In this section: TIRED PAY AND VETERANS’ DIS- (ii) for other costs specified in the Settle- (1) SETTLEMENT AGREEMENT.—The term ABILITY COMPENSATION TO IN- ment. ‘‘Settlement Agreement’’ means the settle- CLUDE ALL CHAPTER 61 DISABILITY RETIREES REGARDLESS OF DIS- (C) DEPOSITS.— ment agreement dated February 18, 2010 (in- ABILITY RATING PERCENTAGE OR (i) IN GENERAL.—On final approval (as de- cluding any modifications agreed to by the YEARS OF SERVICE. fined in the Settlement) of the Settlement, parties and approved by the court under that (a) PHASED EXPANSION CONCURRENT RE- the Secretary of the Treasury shall deposit agreement) between certain plaintiffs, by CEIPT.—Subsection (a) of section 1414 of title in the Trust Land Consolidation Fund and through their counsel, and the Secretary 10, United States Code, is amended to read as $2,000,000,000 of the amounts appropriated by of Agriculture to resolve, fully and forever, follows: section 1304 of title 31, United States Code. the claims raised or that could have been ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND (ii) CONDITIONS MET.—The conditions de- raised in the cases consolidated in In re Black DISABILITY COMPENSATION.— scribed in section 1304 of title 31, United Farmers Discrimination Litigation, No. 08–511 ‘‘(1) PAYMENT OF BOTH REQUIRED.— States Code, shall be considered to be met (D.D.C.), including Pigford claims asserted ‘‘(A) IN GENERAL.—Subject to subsection for purposes of clause (i). under section 14012 of the Food, Conserva- (b), a member or former member of the uni- (D) TRANSFERS.—In a manner designed to tion, and Energy Act of 2008 (Public Law 110– formed services who is entitled for any encourage participation in the Land Consoli- 246; 122 Stat. 2209). month to retired pay and who is also entitled dation Program, the Secretary may transfer, (2) PIGFORD CLAIM.—The term ‘‘Pigford for that month to veterans’ disability com- at the discretion of the Secretary, not more claim’’ has the meaning given that term in pensation for a qualifying service-connected than $60,000,000 of amounts in the Trust Land section 14012(a)(3) of the Food, Conservation, disability (in this section referred to as a Consolidation Fund to the Indian Education and Energy Act of 2008 (Public Law 110–246; ‘qualified retiree’) is entitled to be paid both Scholarship Holding Fund established under 122 Stat. 2210). for that month without regard to sections paragraph 2. (b) APPROPRIATION OF FUNDS.—There is 5304 and 5305 of title 38. (2) INDIAN EDUCATION SCHOLARSHIP HOLDING hereby appropriated to the Secretary of Ag- ‘‘(B) APPLICABILITY OF FULL CONCURRENT FUND.— riculture $1,150,000,000, to remain available RECEIPT PHASE-IN REQUIREMENT.—During the (A) ESTABLISHMENT.—On the final approval until expended, to carry out the terms of the period beginning on January 1, 2004, and end- (as defined in the Settlement) of the Settle- Settlement Agreement if the Settlement ing on December 31, 2013, payment of retired ment, there shall be established in the Treas- Agreement is approved by a court order that pay to a qualified retiree is subject to sub- ury of the United States a fund, to be known is or becomes final and nonappealable. The section (c). as the ‘‘Indian Education Scholarship Hold- funds appropriated by this subsection are in ‘‘(C) PHASE-IN EXCEPTION FOR 100 PERCENT ing Fund’’. addition to the $100,000,000 of funds of the DISABLED RETIREES.—The payment of retired (B) AVAILABILITY.—Notwithstanding any Commodity Credit Corporation made avail- pay is subject to subsection (c) only during other provision of law governing competi- able by section 14012(i) of the Food, Con- the period beginning on January 1, 2004, and tion, public notification, or Federal procure- servation, and Energy Act of 2008 (Public ending on December 31, 2004, in the case of ment or assistance, amounts in the Indian Law 110–246; 122 Stat. 2212) and shall be avail- the following qualified retirees: Education Scholarship Holding Fund shall be able for obligation only after those Com- ‘‘(i) A qualified retiree receiving veterans’ made available, without further appropria- modity Credit Corporation funds are fully disability compensation for a disability tion, to the Secretary to contribute to an In- obligated. If the Settlement Agreement is rated as 100 percent. dian Education Scholarship Fund, as de- not approved as provided in this subsection, ‘‘(ii) A qualified retiree receiving veterans’ scribed in the Settlement, to provide schol- the $100,000,000 of funds of the Commodity disability compensation at the rate payable arships for Native Americans. Credit Corporation made available by sec- for a 100 percent disability by reason of a de- (3) ACQUISITION OF TRUST OR RESTRICTED tion 14012(i) of the Food, Conservation, and termination of individual unemployability. LAND.—The Secretary may acquire, at the Energy Act of 2008 shall be the sole funding ‘‘(D) TEMPORARY PHASE-IN EXCEPTION FOR discretion of the Secretary and in accord- available for Pigford claims. CERTAIN CHAPTER 61 DISABILITY RETIREES; ance with the Land Consolidation Program, (c) USE OF FUNDS.—The use of the funds ap- TERMINATION.—Subject to subsection (b), dur- any fractional interest in trust or restricted propriated by subsection (b) shall be subject ing the period beginning on January 1, 2011, to the express terms of the Settlement land. and ending on September 30, 2012, subsection Agreement. (4) TREATMENT OF UNLOCATABLE PLAIN- (c) shall not apply to a qualified retiree de- (d) TREATMENT OF REMAINING FUNDS.—If scribed in subparagraph (B) or (C) of para- TIFFS.—A Plaintiff the whereabouts of whom any of the funds appropriated by subsection graph (2). are unknown and who, after reasonable ef- (b) are not obligated and expended to carry ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS- forts by the Secretary, cannot be located out the Settlement Agreement, the Sec- during the 5 year period beginning on the retary of Agriculture shall return the unused ABILITY DEFINED.—In this section: date of final approval (as defined in the Set- funds to the Treasury and may not make the ‘‘(A) 50 PERCENT RATING THRESHOLD.—In the tlement) of the Settlement shall be consid- unused funds available for any purpose re- case of a member or former member receiv- ered to have accepted an offer made pursuant lated to section 14012 of the Food, Conserva- ing retired pay under any provision of law to the Land Consolidation Program. tion, and Energy Act of 2008, for any other other than chapter 61 of this title, or under (g) TAXATION AND OTHER BENEFITS.— settlement agreement executed in In re Black chapter 61 with 20 years or more of service (1) INTERNAL REVENUE CODE.—For purposes Farmers Discrimination Litigation, No. 08–511 otherwise creditable under section 1405 or of the Internal Revenue Code of 1986, (D.D.C.), or for any other purpose. computed under section 12732 of this title, amounts received by an individual Indian as (e) RULES OF CONSTRUCTION.—Nothing in the term ‘qualifying service-connected dis- a lump sum or a periodic payment pursuant this section shall be construed as requiring ability’ means a service-connected disability to the Settlement— the United States, any of its officers or agen- or combination of service-connected disabil- (A) shall not be included in gross income; cies, or any other party to enter into the ities that is rated as not less than 50 percent and Settlement Agreement or any other settle- disabling by the Secretary of Veterans Af- (B) shall not be taken into consideration ment agreement. Nothing in this section fairs. However, during the period specified in for purposes of applying any provision of the shall be construed as creating the basis for a paragraph (1)(D), members or former mem- Internal Revenue Code of 1986 that takes Pigford claim. bers receiving retired pay under chapter 61

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with 20 years or more of creditable service plied by the member’s retired pay base under (1) QUALIFYING CONTRACT.—The term computed under section 12732 of this title, section 1406(b)(1) or 1407 of this title, which- ‘‘qualifying contract’’ means a contract that but not otherwise entitled to retired pay ever is applicable to the member. has not been terminated by the Bureau of under any other provision of this title, shall ‘‘(B) AFTER TERMINATION DATE.—Sub- Land Management for the sale of timber on qualify in accordance with subparagraphs (B) section (a) does not apply to a member de- lands administered by the Bureau of Land and (C). scribed in subparagraph (A) if the termi- Management that meets all of the following ‘‘(B) INCLUSION OF MEMBERS NOT OTHERWISE nation date specified in subsection (a)(1)(D) criteria: ENTITLED TO RETIRED PAY.—In the case of a has occurred.’’. (A) The contract was awarded during the member or former member receiving retired (c) CONFORMING AMENDMENT TO FULL CON- period beginning on January 1, 2005, and end- pay under chapter 61 of this title, but who is CURRENT RECEIPT PHASE-IN.—Subsection (c) ing on December 31, 2008. not otherwise entitled to retired pay under of such section is amended by striking ‘‘the (B) There is unharvested volume remaining any other provision of this title, the term second sentence of’’. for the contract. ‘qualifying service-connected disability’ (d) CLERICAL AMENDMENTS.— (C) The contract is not a salvage sale. means a service-connected disability or com- (1) SECTION HEADING.—The heading of such (D) The Secretary determined there is not bination of service-connected disabilities section is amended to read as follows: an urgent need to harvest under the contract that is rated by the Secretary of Veterans ‘‘§ 1414. Concurrent receipt of retired pay and due to deteriorating timber conditions that Affairs at the disabling level specified in one veterans’ disability compensation’’. developed after the award of the contract. of the following clauses (which, subject to (2) TABLE OF SECTIONS.—The table of sec- (2) SECRETARY.—The term ‘‘Secretary’’ paragraph (3), is effective on or after the tions at the beginning of chapter 71 of such means the Secretary of the Interior, acting date specified in the applicable clause): title is amended by striking the item related through the Director of Bureau of Land Man- ‘‘(i) January 1, 2011, rated 100 percent, or a to section 1414 and inserting the following agement. rate payable at 100 percent by reason of indi- new item: (3) TIMBER PURCHASER.—The term ‘‘timber vidual unemployability or rated 90 percent. ‘‘1414. Concurrent receipt of retired pay and purchaser’’ means the party to the quali- ‘‘(ii) January 1, 2012, rated 80 percent or 70 fying contract for the sale of timber from percent. veterans’ disability compensation.’’. lands administered by the Bureau of Land ‘‘(iii) January 1, 2013, rated 60 percent or 50 Management. (e) EFFECTIVE DATE.—The amendments percent. (b) MARKET-RELATED CONTRACT EXTENSION made by this section shall take effect on ‘‘(C) ELIMINATION OF RATING THRESHOLD.— OPTION.—Upon a timber purchaser’s written January 1, 2011. In the case of a member or former member request, the Secretary may make a one-time receiving retired pay under chapter 61 re- SEC. 610. EXTENSION OF USE OF 2009 POVERTY modification to the qualifying contract to GUIDELINES. gardless of being otherwise eligible for re- add 3 years to the contract expiration date if tirement, the term ‘qualifying service-con- Section 1012 of the Department of Defense Appropriations Act, 2010 (Public Law 111– the written request— nected disability’ means a service-connected (1) is received by the Secretary not later disability or combination of service-con- 118), as amended by section 6 of the Con- tinuing Extension Act of 2010 (Public Law than 90 days after the date of enactment of nected disabilities that is rated by the Sec- this Act; and retary of Veterans Affairs at the disabling 111–157), is amended— (1) by striking ‘‘before May 31, 2010’’; and (2) contains a provision releasing the level specified in one of the following clauses United States from all liability, including (which, subject to paragraph (3), is effective (2) by inserting ‘‘for 2011’’ after ‘‘until updated poverty guidelines’’. further consideration or compensation, re- on or after the date specified in the applica- sulting from the modification under this sub- SEC. 611. REFUNDS DISREGARDED IN THE AD- ble clause): section of the term of a qualifying contract. ‘‘(i) January 1, 2014, rated 40 percent or 30 MINISTRATION OF FEDERAL PRO- GRAMS AND FEDERALLY ASSISTED (c) REPORTING.—Not later than 6 months percent. PROGRAMS. after the date of the enactment of this Act, ‘‘(ii) January 1, 2015, any rating. (a) IN GENERAL.—Subchapter A of chapter the Secretary shall submit to Congress a re- ‘‘(3) LIMITED DURATION.—Notwithstanding 65 of the Internal Revenue Code of 1986 is port detailing a plan and timeline to promul- the effective date specified in each clause of amended by adding at the end the following gate new regulations authorizing the Bureau subparagraphs (B) and (C) of paragraph (2), new section: of Land Management to extend timber con- the clause— ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- tracts due to changes in market conditions. ‘‘(A) shall apply only if the termination MINISTRATION OF FEDERAL PRO- (d) REGULATIONS.—Not later than 2 years date specified in paragraph (1)(D) would GRAMS AND FEDERALLY ASSISTED after the date of the enactment of this Act, occur during or after the calendar year speci- PROGRAMS. the Secretary shall promulgate new regula- fied in the clause; and ‘‘(a) IN GENERAL.—Notwithstanding any tions authorizing the Bureau of Land Man- ‘‘(B) shall not apply beyond the termi- other provision of law, any refund (or ad- agement to extend timber contracts due to nation date specified in paragraph (1)(D).’’. vance payment with respect to a refundable changes in market conditions. (b) CONFORMING AMENDMENT TO SPECIAL credit) made to any individual under this (e) NO SURRENDER OF CLAIMS.—This section RULES FOR CHAPTER 61 DISABILITY RETIR- title shall not be taken into account as in- shall not have the effect of surrendering any EES.—Subsection (b) of such section is come, and shall not be taken into account as claim by the United States against any tim- amended to read as follows: resources for a period of 12 months from re- ber purchaser that arose under a timber sale ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- ceipt, for purposes of determining the eligi- contract, including a qualifying contract, be- ABILITY RETIREES WHEN ELIGIBILITY HAS bility of such individual (or any other indi- fore the date on which the Secretary adjusts BEEN ESTABLISHED FOR SUCH RETIREES.— vidual) for benefits or assistance (or the the contract term under subsection (b). ‘‘(1) GENERAL REDUCTION RULE.—The re- amount or extent of benefits or assistance) SEC. 614. EXTENSION AND FLEXIBILITY FOR CER- tired pay of a member retired under chapter under any Federal program or under any TAIN ALLOCATED SURFACE TRANS- 61 of this title is subject to reduction under State or local program financed in whole or PORTATION PROGRAMS. sections 5304 and 5305 of title 38, but only to in part with Federal funds. (a) MODIFICATION OF ALLOCATION RULES.— the extent that the amount of the members ‘‘(b) TERMINATION.—Subsection (a) shall Section 411(d) of the Surface Transportation retired pay under chapter 61 of this title ex- not apply to any amount received after De- Extension Act of 2010 (Public Law 111–147; 124 ceeds the amount of retired pay to which the cember 31, 2010.’’. Stat. 80) is amended— member would have been entitled under any (b) CLERICAL AMENDMENT.—The table of (1) in paragraph (1)— other provision of law based upon the mem- sections for such subchapter is amended by (A) in the matter preceding subparagraph ber’s service in the uniformed services if the adding at the end the following new item: (A)— member had not been retired under chapter ‘‘Sec. 6409. Refunds disregarded in the ad- (i) by striking ‘‘1301, 1302,’’; and 61 of this title. ministration of Federal pro- (ii) by striking ‘‘1198, 1204,’’; and ‘‘(2) CHAPTER 61 RETIREES NOT OTHERWISE grams and federally assisted (B) in subparagraph (A)— ENTITLED TO RETIRED PAY.— programs.’’. (i) in the matter preceding clause (i) by ‘‘(A) BEFORE TERMINATION DATE.—If a mem- (c) EFFECTIVE DATE.—The amendments striking ‘‘apportioned under sections 104(b) ber with a qualifying service-connected dis- made by this section shall apply to amounts and 144 of title 23, United States Code,’’ and ability (as defined in subsection (a)(2)) is re- received after December 31, 2009. inserting ‘‘specified in section 105(a)(2) of tired under chapter 61 of this title, but is not SEC. 612. STATE COURT IMPROVEMENT PRO- title 23, United States Code (except the high otherwise entitled to retired pay under any GRAM. priority projects program),’’; and other provision of this title, and the termi- Section 438 of the Social Security Act (42 (ii) in clause (ii) by striking ‘‘apportioned nation date specified in subsection (a)(1)(D) U.S.C. 629h) is amended— under such sections of such Code’’ and in- has not occurred, the retired pay of the (1) in subsection (c)(2)(A), by striking serting ‘‘specified in such section 105(a)(2) member is subject to reduction under sec- ‘‘2010’’ and inserting ‘‘2011’’; and (except the high priority projects program)’’; tions 5304 and 5305 of title 38, but only to the (2) in subsection (e), by striking ‘‘2010’’ and (2) in paragraph (2)— extent that the amount of the member’s re- inserting ‘‘2011’’. (A) in the matter preceding subparagraph tired pay under chapter 61 of this title ex- SEC. 613. QUALIFYING TIMBER CONTRACT OP- (A)— ceeds the amount equal to 21⁄2 percent of the TIONS. (i) by striking ‘‘1301, 1302,’’; and member’s years of creditable service multi- (a) DEFINITIONS.—In this section: (ii) by striking ‘‘1198, 1204,’’; and

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EXTENSIONS OF DUTY SUSPENSIONS ON and 144 of title 23, United States Code,’’ and ized to receive pursuant to section COTTON SHIRTING FABRICS AND RE- inserting ‘‘specified in section 105(a)(2) of 120(a)(4)(A) (as it pertains to the Appalachian LATED PROVISIONS. title 23, United States Code (except the high Development Highway System program) of (a) EXTENSIONS.—Each of the following priority projects program),’’; and title I of division A of the Consolidated Ap- headings of the Harmonized Tariff Schedule (ii) in clause (ii) by striking ‘‘apportioned propriations Act, 2010 (Public Law 111–117) of the United States is amended by striking under such sections of such Code’’ and in- and sections 120(a)(4)(B) and 120(a)(6) of such the date in the effective date column and inserting ‘‘specified in such section 105(a)(2) title, as of the day before the date of enact- serting ‘‘12/31/2013’’: (except the high priority projects program)’’; ment of this Act; or (1) Heading 9902.52.08 (relating to woven and (B) the amount that the State is author- fabrics of cotton). (3) by adding at the end the following: ized to receive pursuant to section (2) Heading 9902.52.09 (relating to woven ‘‘(5) PROJECTS OF NATIONAL AND REGIONAL 120(a)(4)(A) (as it pertains to the Appalachian fabrics of cotton). SIGNIFICANCE AND NATIONAL CORRIDOR INFRA- Development Highway System program) of (3) Heading 9902.52.10 (relating to woven STRUCTURE IMPROVEMENT PROGRAMS.— title I of division A of the Consolidated Ap- fabrics of cotton). ‘‘(A) REDISTRIBUTION AMONG STATES.—Not- propriations Act, 2010 (Public Law 111–117) (4) Heading 9902.52.11 (relating to woven withstanding sections 1301(m) and 1302(e) of and sections 120(a)(4)(B) and 120(a)(6) of such fabrics of cotton). SAFETEA–LU (119 Stat. 1202 and 1205), the title, as of the date of enactment of this Act. (5) Heading 9902.52.12 (relating to woven Secretary shall apportion funds authorized (3) AUTHORIZATION OF APPROPRIATIONS.— fabrics of cotton). to be appropriated under subsection (b) for There is authorized to be appropriated out of (6) Heading 9902.52.13 (relating to woven the projects of national and regional signifi- the Highway Trust Fund (other than the fabrics of cotton). cance program and the national corridor in- Mass Transit Account) such sums as may be (7) Heading 9902.52.14 (relating to woven frastructure improvement program among necessary to carry out this subsection. fabrics of cotton). all States such that each State’s share of the (4) INCREASE IN OBLIGATION LIMITATION.— (8) Heading 9902.52.15 (relating to woven funds so apportioned is equal to the State’s The limitation under the heading ‘‘Federal- fabrics of cotton). share for fiscal year 2009 of funds appor- aid Highways (Limitation on Obligations) (9) Heading 9902.52.16 (relating to woven tioned or allocated for the programs speci- (Highway Trust Fund)’’ in Public Law 111–117 fabrics of cotton). fied in section 105(a)(2) of title 23, United is increased by such sums as may be nec- (10) Heading 9902.52.17 (relating to woven States Code. essary to carry out this subsection. fabrics of cotton). (11) Heading 9902.52.18 (relating to woven ‘‘(B) DISTRIBUTION AMONG PROGRAMS.— (5) CONTRACT AUTHORITY.—Funds made Funds apportioned to a State pursuant to available to carry out this subsection shall fabrics of cotton). subparagraph (A) shall be— be available for obligation and administered (12) Heading 9902.52.19 (relating to woven ‘‘(i) made available to the State for the in the same manner as if such funds were ap- fabrics of cotton). programs specified in section 105(a)(2) of title portioned under chapter 1 of title 23, United (13) Heading 9902.52.20 (relating to woven 23, United States Code (except the high pri- States Code. fabrics of cotton). ority projects program), and in the same pro- (6) AMOUNTS.—The dollar amount specified (14) Heading 9902.52.21 (relating to woven portion for each such program that— in section 105(d)(1) of title 23, United States fabrics of cotton). ‘‘(I) the amount apportioned to the State Code, the dollar amount specified in section (15) Heading 9902.52.22 (relating to woven for that program for fiscal year 2009; bears to 120(a)(4)(B) of title I of division A of the Con- fabrics of cotton). ‘‘(II) the amount apportioned to the State solidated Appropriations Act, 2010 (Public (16) Heading 9902.52.23 (relating to woven for fiscal year 2009 for all such programs; and Law 111–117), and the dollar amount specified fabrics of cotton). ‘‘(ii) administered in the same manner and in section 120(b)(10) of such title shall each (17) Heading 9902.52.24 (relating to woven with the same period of availability as fund- be increased as necessary to carry out this fabrics of cotton). ing is administered under programs identi- subsection. (18) Heading 9902.52.25 (relating to woven fied in clause (i).’’. SEC. 615. COMMUNITY COLLEGE AND CAREER fabrics of cotton). TRAINING GRANT PROGRAM. (b) EXPENDITURE AUTHORITY FROM HIGHWAY (19) Heading 9902.52.26 (relating to woven N ENERAL TRUST FUND.—Paragraph (1) of section (a) I G .—Section 278(a) of the fabrics of cotton). 9503(c) of the Internal Revenue Code of 1986 is Trade Act of 1974 (19 U.S.C. 2372(a)) is amend- (20) Heading 9902.52.27 (relating to woven amended by striking ‘‘Surface Transpor- ed by adding at the end the following: fabrics of cotton). tation Extension Act of 2010’’ and inserting ‘‘(3) RULE OF CONSTRUCTION.—For purposes (21) Heading 9902.52.28 (relating to woven ‘‘American Jobs and Closing Tax Loopholes of this section, any reference to ‘workers’, fabrics of cotton). Act of 2010’’. ‘workers eligible for training under section (22) Heading 9902.52.29 (relating to woven (c) EFFECTIVE DATE.—The amendments 236’, or any other reference to workers under fabrics of cotton). made by this section shall take effect upon this section shall be deemed to include indi- (23) Heading 9902.52.30 (relating to woven the date of enactment of the Surface Trans- viduals who are, or are likely to become, eli- fabrics of cotton). portation Extension Act of 2010 (Public Law gible for unemployment compensation as de- (24) Heading 9902.52.31 (relating to woven 111–147; 124 Stat. 78 et seq.) and shall be fined in section 85(b) of the Internal Revenue fabrics of cotton). treated as being included in that Act at the Code of 1986, or who remain unemployed (b) EXTENSION OF DUTY REFUNDS AND PIMA time of the enactment of that Act. after exhausting all rights to such compensa- COTTON TRUST FUND; MODIFICATION OF AFFI- (d) SAVINGS CLAUSE.— tion.’’. DAVIT REQUIREMENTS.—Section 407 of title IV (1) IN GENERAL.—For fiscal year 2010 and (b) DEFINITION OF ELIGIBLE INSTITUTION.— of division C of the Tax Relief and Health for the period beginning on October 1, 2010, Section 278(b)(1) of the Trade Act of 1974 (19 Care Act of 2006 (Public Law 109–432; 120 Stat. and ending on December 31, 2010, the amount U.S.C. 2372(b)(1)) is amended— 3060) is amended— of funds apportioned to each State under sec- (1) by striking ‘‘section 102’’ and inserting (1) in subsection (b)— tion 411(d) of the Surface Transportation Ex- ‘‘section 101(a)’’; and (A) in paragraph (1), by striking ‘‘amounts tension Act of 2010 (Public Law 111–147) that (2) by striking ‘‘1002’’ and inserting determined by the Secretary’’ and all that is determined by the amount that the State ‘‘1001(a)’’. follows through ‘‘5208.59.80’’ and inserting received or was authorized to receive for fis- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘amounts received in the general fund that cal year 2009 to carry out the projects of na- Section 279 of the Trade Act of 1974 (19 U.S.C. are attributable to duties received since Jan- tional and regional significance program and 2372a) is amended— uary 1, 2004, on articles classified under national corridor infrastructure improve- (1) in subsection (a), by striking the last heading 5208’’; and ment program shall be the greater of— sentence; and (B) in paragraph (2), by striking ‘‘October (A) the amount that the State was author- (2) by adding at the end the following: 1, 2008’’ and inserting ‘‘December 31, 2013’’; ‘‘(c) ADMINISTRATIVE AND RELATED COSTS.— ized to receive under section 411(d) of the (2) in subsection (d)— The Secretary may retain not more than 5 Surface Transportation Extension Act of 2010 (A) in the matter preceding paragraph (1), percent of the funds appropriated under sub- with respect to each such program according section (b) for each fiscal year to administer, by inserting ‘‘annually’’ after ‘‘provided’’; to the provisions of that Act, as in effect on evaluate, and establish reporting systems for and the day before the date of enactment of this the Community College and Career Training (B) in paragraph (1), by inserting ‘‘during Act; or Grant program under section 278. the year in which the affidavit is filed and’’ (B) the amount that the State is author- ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Funds after ‘‘imported cotton fabric’’; and ized to receive under section 411(d) of the appropriated under subsection (b) shall be (3) in subsection (f)— Surface Transportation Extension Act of 2010 used to supplement and not supplant other (A) in the matter preceding paragraph (1), with respect to each such program pursuant Federal, State, and local public funds ex- by inserting ‘‘annually’’ after ‘‘provided’’; to the provisions of that Act, as amended by pended to support community college and and the amendments made by this section. career training programs. (B) in paragraph (1), by inserting ‘‘during (2) OBLIGATION AUTHORITY.—For fiscal year ‘‘(e) AVAILABILITY.—Funds appropriated the year in which the affidavit is filed and’’ 2010, the amount of obligation authority dis- under subsection (b) shall remain available after ‘‘United States’’.

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(c) EFFECTIVE DATE.—The amendments SEC. 619. ARRA PLANNING AND REPORTING. ‘‘(I) whether the covered program has met made by this section shall take effect on the Section 1512 of the American Recovery and the milestones for the covered program de- date of the enactment of this Act and apply scribed in paragraph (2)(E); Reinvestment Act of 2009 (Public Law 111–5; with respect to affidavits filed on or after ‘‘(II) if the covered program has failed to 123 Stat. 287) is amended— such date of enactment. meet the milestones, the reasons why; and (1) in subsection (d)— ‘‘(III) any changes in the milestones for the SEC. 617. MODIFICATION OF WOOL APPAREL (A) in the subsection heading, by inserting MANUFACTURERS TRUST FUND. covered program, including the reasons for ‘‘PLANS AND’’ after ‘‘AGENCY’’; the change; (a) IN GENERAL.—Section 4002(c)(2)(A) of (B) by striking ‘‘Not later than’’ and in- ‘‘(vi) discusses the performance of the cov- the Miscellaneous Trade and Technical Cor- serting the following: ered program, including— rections Act of 2004 (Public Law 108–429; 118 ‘‘(1) DEFINITION.—In this subsection, the ‘‘(I) whether the covered program has met Stat. 2600) is amended by striking ‘‘chapter term ‘covered program’ means a program for the performance measures for the covered 51’’ and inserting ‘‘chapter 62’’. which funds are appropriated under this divi- program described in paragraph (2)(F); (b) FULL RESTORATION OF PAYMENT LEVELS sion— ‘‘(II) if the covered program has failed to IN FISCAL YEAR 2010.— ‘‘(A) in an amount that is— meet the performance measures, the reasons (1) TRANSFER OF AMOUNTS.— ‘‘(i) more than $2,000,000,000; and why; and (A) IN GENERAL.—Not later than 30 days ‘‘(ii) more than 150 percent of the funds ap- ‘‘(III) any trends in information relating to after the date of the enactment of this Act, propriated for the program for fiscal year the performance of the covered program; and the Secretary of the Treasury shall transfer 2008; or ‘‘(vii) evaluates the ability of the covered to the Wool Apparel Manufacturers Trust ‘‘(B) that did not exist before the date of program to meet the goals of the covered Fund, out of the general fund of the Treasury enactment of this Act. program given the performance of the cov- of the United States, amounts determined by ‘‘(2) PLANS.—Not later than July 1, 2010, the Secretary of the Treasury to be equiva- ered program.’’; the head of each agency that distributes re- (2) in subsection (f)— lent to amounts received in the general fund covery funds shall submit to Congress and that are attributable to the duty received on (A) by striking ‘‘Within 180 days’’ and in- make available on the website of the agency serting the following: articles classified under chapter 62 of the a plan for each covered program, which shall, Harmonized Tariff Schedule of the United ‘‘(1) IN GENERAL.—Within 180 days’’; and at a minimum, contain— (B) by adding at the end the following: States, subject to the limitation in subpara- ‘‘(A) a description of the goals for the cov- graph (B). ‘‘(2) PENALTIES.— ered program using recovery funds; ‘‘(A) IN GENERAL.—Subject to subpara- (B) LIMITATION.—The Secretary of the ‘‘(B) a discussion of how the goals de- Treasury shall not transfer more than the graphs (B), (C), and (D), the Attorney Gen- scribed in subparagraph (A) relate to the eral may bring a civil action in an appro- amount determined by the Secretary to be goals for ongoing activities of the covered necessary for— priate United States district court against a program, if applicable; recipient of recovery funds from an agency (i) U.S. Customs and Border Protection to ‘‘(C) a description of the activities that the make payments to eligible manufacturers that does not provide the information re- agency will undertake to achieve the goals quired under subsection (c) or knowingly under section 4002(c)(3) of the Miscellaneous described in subparagraph (A); Trade and Technical Corrections Act of 2004 provides information under subsection (c) ‘‘(D) a description of the total recovery that contains a material omission or so that the amount of such payments, when funding for the covered program and the re- added to any other payments made to eligi- misstatement. In a civil action under this covery funding for each activity under the ble manufacturers under section 4002(c)(3) of paragraph, the court may impose a civil pen- covered program, including identifying such Act for calendar year 2010, equal the alty on a recipient of recovery funds in an whether the activity will be carried out total amount of payments authorized to be amount not more than $250,000. Any amounts using grants, contracts, or other types of provided to eligible manufacturers under received from a civil penalty under this funding mechanisms; section 4002(c)(3) of such Act for calendar paragraph shall be deposited in the general ‘‘(E) a schedule of milestones for major year 2010; and fund of the Treasury. phases of the activities under the covered (ii) the Secretary of Commerce to provide ‘‘(B) NOTIFICATION.— program, with planned delivery dates; grants to eligible manufacturers under sec- ‘‘(i) IN GENERAL.—The head of an agency ‘‘(F) performance measures the agency will tion 4002(c)(6) of the Miscellaneous Trade and shall provide a written notification to a re- use to track the progress of each of the ac- Technical Corrections Act of 2004 so that the cipient of recovery funds from the agency amounts of such grants, when added to any tivities under the covered program in meet- that fails to provide the information re- other grants made to eligible manufacturers ing the goals described in subparagraph (A), quired under subsection (c). A notification under section 4002(c)(6) of such Act for cal- including performance targets, the frequency under this subparagraph shall provide the re- endar year 2010, equal the total amount of of measurement, and a description of the cipient with information on how to comply grants authorized to be provided to eligible methodology for each measure; with the necessary reporting requirements manufacturers under section 4002(c)(6) of ‘‘(G) a description of the process of the and notice of the penalties for failing to do such Act for calendar year 2010. agency for the periodic review of the so. (2) PAYMENT OF AMOUNTS.—U.S. Customs progress of the covered program towards ‘‘(ii) LIMITATION.—A court may not impose and Border Protection shall make payments meeting the goals described in subparagraph a civil penalty under subparagraph (A) relat- described in paragraph (1) to eligible manu- (A); and ing to the failure to provide information re- facturers not later than 30 days after such ‘‘(H) a description of how the agency will quired under subsection (c) if, not later than transfer of amounts from the general fund of hold program managers accountable for 31 days after the date of the notification the Treasury of the United States to the achieving the goals described in subpara- under clause (i), the recipient of the recovery Wool Apparel Manufacturers Trust Fund. graph (A). funds provides the information. The Secretary of Commerce shall promptly ‘‘(3) REPORTS.— ‘‘(C) CONSIDERATIONS.—In determining the provide grants described in paragraph (1) to ‘‘(A) IN GENERAL.—Not later than’’; and amount of a penalty under this paragraph for eligible manufacturers after such transfer of (C) by adding at the end the following: a recipient of recovery funds, a court shall amounts from the general fund of the Treas- ‘‘(B) REPORTS ON PLANS.—Not later than 30 consider— ury of the United States to the Wool Apparel days after the end of the calendar quarter ‘‘(i) the number of times the recipient has Manufacturers Trust Fund. ending September 30, 2010, and every cal- failed to provide the information required endar quarter thereafter during which the under subsection (c); (c) RULE OF CONSTRUCTION.—The amend- agency obligates or expends recovery funds, ‘‘(ii) the amount of recovery funds provided ment made by subsection (a) shall not be the head of each agency that developed a to the recipient; construed to affect the availability of plan for a covered program under paragraph ‘‘(iii) whether the recipient is a govern- amounts transferred to the Wool Apparel (2) shall submit to Congress and make avail- ment, nonprofit entity, or educational insti- Manufacturers Trust Fund before the date of able on a website of the agency a report for tution; and the enactment of this Act. each covered program that— ‘‘(iv) whether the recipient is a small busi- SEC. 618. DEPARTMENT OF COMMERCE STUDY. ‘‘(i) discusses the progress of the agency in ness concern (as defined under section 3 of Not later than 180 days after the date of implementing the plan; the Small Business Act (15 U.S.C. 632)), with enactment of this Act, the Secretary of Com- ‘‘(ii) describes the progress towards achiev- particular consideration given to businesses merce shall report to Congress detailing— ing the goals described in paragraph (2)(A) with not more than 50 employees. (1) the pattern of job loss in the New Eng- for the covered program; ‘‘(D) APPLICABILITY.—This paragraph shall land, Mid-Atlantic, and Midwest States over ‘‘(iii) discusses the status of each activity apply to any report required to be submitted the past 20 years; carried out under the covered program, in- on or after the date of enactment of this (2) the role of the off-shoring of manufac- cluding whether the activity is completed; paragraph. turing jobs in overall job loss in the regions; ‘‘(iv) details the unobligated and unexpired ‘‘(E) NONEXCLUSIVITY.—The imposition of a and balances and total obligations and outlays civil penalty under this subsection shall not (3) recommendations to attract industries under the covered program; preclude any other criminal, civil, or admin- and bring jobs to the region. ‘‘(v) discusses— istrative remedy available to the United

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4696 CONGRESSIONAL RECORD — SENATE June 8, 2010 States or any other person under Federal or 217(h)(3)(B)(i)(I) of the Immigration and Na- (2) the increasing dependence of the United State law. tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I),’’; States on foreign creditors has the potential ‘‘(3) TECHNICAL ASSISTANCE.—Each agency (3) by striking ‘‘fiscal years 2011 through to make the United States vulnerable to distributing recovery funds shall provide 2014,’’ in paragraph (2)(B) and inserting ‘‘fis- undue influence by certain foreign creditors technical assistance, as necessary, to assist cal years 2012 through 2015,’’; in national security and economic policy- recipients of recovery funds in complying (4) by striking ‘‘fiscal year 2010,’’ in para- making; with the requirements to provide informa- graph (3)(A) and inserting ‘‘fiscal year 2011,’’; (3) the People’s Republic of China is the tion under subsection (c), which shall include (5) by striking ‘‘fiscal year 2011,’’ each largest foreign creditor of the United States, providing recipients with a reminder regard- place it appears in paragraph (3)(A) and in- in terms of its overall holdings of debt in- ing each reporting requirement. serting ‘‘fiscal year 2012,’’; and struments of the United States; ‘‘(4) PUBLIC LISTING.— (6) by striking ‘‘fiscal year 2010, 2011, 2012, (4) the current level of transparency in the ‘‘(A) IN GENERAL.—Not later than 45 days 2013, or 2014’’ in paragraph (4)(B) and insert- scope and extent of foreign holdings of debt after the end of each calendar quarter, and ing ‘‘fiscal year 2011, 2012, 2013, 2014, or 2015’’. instruments of the United States is inad- subject to the notification requirements TITLE VII—BUDGETARY PROVISIONS equate and needs to be improved, particu- under paragraph (2)(B), the Board shall make SEC. 701. BUDGETARY PROVISIONS. larly regarding the holdings of the People’s available on the website established under (a) STATUTORY PAYGO.—The budgetary ef- Republic of China; section 1526 a list of all recipients of recov- fects of this Act, for the purpose of com- (5) through the People’s Republic of Chi- ery funds that did not provide the informa- plying with the Statutory Pay-As-You-Go na’s large holdings of debt instruments of tion required under subsection (c) for the Act of 2010, shall be determined by reference the United States, China has become a super calendar quarter. to the latest statement titled ‘Budgetary Ef- creditor of the United States; ‘‘(B) CONTENTS.—A list made available fects of PAYGO Legislation’ for this Act, (6) under certain circumstances, the hold- under subparagraph (A) shall, for each recipi- jointly submitted for printing in the Con- ings of the People’s Republic of China could ent of recovery funds on the list, include the gressional Record by the Chairmen of the give China a tool with which China can try name and address of the recipient, the iden- House and Senate Budget Committees, pro- to manipulate the domestic and foreign pol- tification number for the award, the amount vided that such statement has been sub- icymaking of the United States, including of recovery funds awarded to the recipient, a mitted prior to the vote on passage in the the United States relationship with Taiwan; description of the activity for which the re- House acting first on this conference report (7) under certain circumstances, if the Peo- covery funds were provided, and, to the ex- or amendment between the Houses. ple’s Republic of China were to be displeased tent known by the Board, the reason for non- (b) EMERGENCY DESIGNATIONS.—Sections with a given United States policy or action, compliance. 501 and 524— China could attempt to destabilize the ‘‘(5) REGULATIONS AND REPORTING.— (1) are designated as an emergency require- United States economy by rapidly divesting ‘‘(A) REGULATIONS.—Not later than 90 days ment pursuant to section 4(g) of the Statu- large portions of China’s holdings of debt in- after the date of enactment of this para- tory Pay-As-You-Go Act of 2010 (Public Law struments of the United States; and graph, the Attorney General, in consultation 111–139; 2 U.S.C. 933(g)); (8) the People’s Republic of China’s expan- with the Director of the Office of Manage- (2) in the House of Representatives, are sive holdings of such debt instruments of the ment and Budget and the Chairperson, shall designated as an emergency for purposes of United States could potentially pose a direct promulgate regulations regarding implemen- pay-as-you-go principles; and threat to the United States economy and to tation of this section. (3) in the Senate, are designated as an United States national security. This poten- ‘‘(B) REPORTING.— emergency requirement pursuant to section tial threat is a significant issue that war- ‘‘(i) IN GENERAL.—Not later than July 1, 403(a) of S. Con. Res. 13 (111th Congress), the rants further analysis and evaluation. 2010, and every 3 months thereafter, the Di- concurrent resolution on the budget for fis- SEC. l04. QUARTERLY REPORT ON RISKS POSED rector of the Office of Management and cal year 2010. BY FOREIGN HOLDINGS OF DEBT IN- Budget, in consultation with the Chair- STRUMENTS OF THE UNITED person, shall submit to Congress a report on SA 4302. Mr. CORNYN (for himself STATES. the extent of noncompliance by recipients of and Mr. KYL) submitted an amendment (a) QUARTERLY REPORT.—Not later than recovery funds with the reporting require- intended to be proposed to amendment March 31, June 30, September 30, and Decem- ments under this section. SA 4301 proposed by Mr. BAUCUS to the ber 31 of each year, the President shall sub- ‘‘(ii) CONTENTS.—Each report submitted bill H.R. 4213, to amend the Internal mit to the appropriate congressional com- under clause (i) shall include— Revenue Code of 1986 to extend certain mittees a report on the risks posed by for- ‘‘(I) information, for the quarter and in expiring provisions, and for other pur- eign holdings of debt instruments of the total, regarding the number and amount of United States, in both classified and unclas- civil penalties imposed and collected under poses; as follows: sified form. this subsection, sorted by agency and pro- At the appropriate place, add the fol- (b) MATTERS TO BE INCLUDED.—Each report gram; lowing: submitted under this section shall include ‘‘(II) information on the steps taken by the TITLE ll—TRANSPARENCY REQUIRE- the following: Federal Government to reduce the level of MENTS FOR FOREIGN-HELD DEBT (1) The most recent data available on for- noncompliance; and SEC. l01. SHORT TITLE. eign holdings of debt instruments of the ‘‘(III) any other information determined This title may be cited as the ‘‘Foreign- United States, which data shall not be older appropriate by the Director.’’; and Held Debt Transparency and Threat Assess- than the date that is 7 months preceding the (3) by adding at the end the following: ment Act’’. date of the report. ‘‘(i) TERMINATION.—The reporting require- SEC. l02. DEFINITIONS. (2) The country of domicile of all foreign ments under this section shall terminate on In this title: creditors who hold debt instruments of the September 30, 2013.’’. (1) APPROPRIATE CONGRESSIONAL COMMIT- United States. SEC. 620. AMENDMENT OF TRAVEL PROMOTION TEES.—The term ‘‘appropriate congressional (3) The total amount of debt instruments ACT OF 2009. committees’’ means the following: of the United States that are held by the for- (a) TRAVEL PROMOTION FUND FEES.—Sec- (A) The Committee on Armed Services, the eign creditors, broken out by the creditors’ tion 217(h)(3)(B) of the Immigration and Na- Committee on Foreign Relations, the Com- country of domicile and by public, quasi-pub- tionality Act (8 U.S.C. 1187(h)(3)(B)) is mittee on Finance, and the Committee on lic, and private creditors. amended— the Budget of the Senate. (4) For each foreign country listed in para- (1) by striking ‘‘subsection (d) of section 11 (B) The Committee on Armed Services, the graph (3)— of the Travel Promotion Act of 2009.’’ in Committee on Foreign Affairs, the Com- (A) an analysis of the country’s purpose in clause (ii) and inserting ‘‘subsection (d) of mittee on Ways and Means, and the Com- holding debt instruments of the United the Travel Promotion Act of 2009 (22 U.S.C. mittee on the Budget of the House of Rep- States and long-term intentions with regard 2131(d)).’’; and resentatives. to such debt instruments; (2) by striking ‘‘September 30, 2014.’’ in (2) DEBT INSTRUMENTS OF THE UNITED (B) an analysis of the current and foresee- clause (iii) and inserting ‘‘September 30, STATES.—The term ‘‘debt instruments of the able risks to the long-term national security 2015.’’. United States’’ means all bills, notes, and and economic stability of the United States (b) IMPLEMENTATION BEGINNING IN FISCAL bonds issued or guaranteed by the United posed by each country’s holdings of debt in- YEAR 2011.—Subsection (d) of the Travel Pro- States or by an entity of the United States struments of the United States; and motion Act of 2009 (22 U.S.C. 2131(d)) is Government, including any Government- (C) a specific determination of whether the amended— sponsored enterprise. level of risk identified under subparagraph (1) by striking ‘‘For fiscal year 2010, the’’ SEC. l03. SENSE OF CONGRESS. (B) is acceptable or unacceptable. in paragraph (2)(A) and inserting ‘‘The’’; It is the sense of Congress that— (c) PUBLIC AVAILABILITY.—The President (2) by striking ‘‘quarterly, beginning on (1) the growing Federal debt of the United shall make each report required by sub- January 1, 2010,’’ in paragraph (2)(A) and in- States has the potential to jeopardize the na- section (a) available, in its unclassified form, serting ‘‘monthly, immediately following the tional security and economic stability of the to the public by posting it on the Internet in collection of fees under section United States; a conspicuous manner and location.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4697 SEC. l05. ANNUAL REPORT ON RISKS POSED BY (B) for the nondefense category, ing the amount specified in clause (ii)(II) for THE FEDERAL DEBT OF THE UNITED $543,790,000,000 in budget authority. that fiscal year. STATES. (3) For fiscal year 2013— (ii) AMOUNTS.—The amounts referred to in (a) IN GENERAL.—Not later than December (A) for the defense category (budget func- clause (i) are as follows: 31 of each year, the Comptroller General of tion 050), $584,421,000,000 in budget authority; (I) For fiscal year 2011, $276,000,000, for fis- the United States shall submit to the appro- and cal year 2012, $278,000,000, and for fiscal year priate congressional committees a report on (B) for the nondefense category, 2013, $281,000,000. the risks to the United States posed by the $551,498,000,000 in budget authority. (II) For fiscal year 2011, $490,000,000; for fis- Federal debt of the United States. (4) With respect to fiscal years following cal year 2012, and $495,000,000; for fiscal year (b) CONTENT OF REPORT.—Each report sub- 2013, $500,000,000. mitted under this section shall include the 2013, the President shall recommend and the (iii) ASSET VERIFICATION.— following: Congress shall consider legislation setting (I) IN GENERAL.—The additional appropria- (1) An analysis of the current and foresee- limits for those fiscal years. tion permitted under clause (ii)(II) may also able risks to the long-term national security (c) ADJUSTMENTS.— provide that a portion of that amount, not to and economic stability of the United States (1) IN GENERAL.—After the reporting of a exceed the amount specified in subclause (II) posed by the Federal debt of the United bill or joint resolution relating to any matter described in paragraph (2), or the offering for that fiscal year instead may be used for States. asset verification for Supplemental Security of an amendment thereto or the submission (2) A specific determination of whether the Income recipients, but only if, and to the ex- of a conference report thereon— levels of risk identified under paragraph (1) tent that the Office of the Chief Actuary es- (A) the Chairman of the Senate Committee are sustainable. timates that the initiative would be at least on the Budget may adjust the discretionary (3) If the determination under paragraph as cost effective as the redeterminations of spending limits, the budgetary aggregates in (2) is that the levels of risk are eligibility described in this subparagraph. the concurrent resolution on the budget unsustainable, specific recommendations for (II) AMOUNTS.—For fiscal year 2011, most recently adopted by the Senate and the reducing the levels of risk to sustainable lev- $34,340,000, for fiscal year 2012, $34,683,000, and House of Representatives, and allocations els, in a manner that results in a reduction for fiscal year 2013, $35,030,000. pursuant to section 302(a) of the Congres- in Federal spending. (D) HEALTH CARE FRAUD AND ABUSE.— sional Budget Act of 1974, by the amount of SEC. l06. CORRECTIVE ACTION TO ADDRESS UN- (i) IN GENERAL.—If a bill or joint resolution ACCEPTABLE AND UNSUSTAINABLE new budget authority in that measure for is reported making appropriations for fiscal RISKS TO UNITED STATES NATIONAL that purpose and the outlays flowing there year 2011, 2012, or 2013 that includes the SECURITY AND ECONOMIC STA- from; and BILITY. amount described in clause (ii) for the (B) following any adjustment under sub- Health Care Fraud and Abuse Control pro- In any case in which the President deter- paragraph (A), the Senate Committee on Ap- mines under section lll04(b)(4)(C) that a gram at the Department of Health & Human propriations may report appropriately re- Services for that fiscal year, the adjustment foreign country’s holdings of debt instru- vised suballocations pursuant to section ments of the United States pose an unaccept- for purposes of paragraph (1) shall be the 302(b) of the Congressional Budget Act of 1974 amount of budget authority in that measure able risk to the long-term national security to carry out this subsection. or economic stability of the United States, for that initiative but not to exceed the (2) MATTERS DESCRIBED.—Matters referred or the Comptroller General of the United amount described in clause (ii). to in paragraph (1) are as follows: States makes a determination under section (ii) AMOUNT.—The amount referred to in (A) OVERSEAS DEPLOYMENTS AND OTHER AC- lll5(b)(3), the President shall, within 30 clause (i) is for fiscal year 2011, $314,000,000, TIVITIES.—If a bill or joint resolution is re- days of the determination— for fiscal year 2012, $317,000,000, and for fiscal ported making appropriations for fiscal year (1) formulate a plan of action to reduce the year 2013, $320,000,000. 2011, 2012, or 2013, that provides funding for risk level to an acceptable and sustainable (E) UNEMPLOYMENT INSURANCE IMPROPER overseas deployments and other activities, level, in a manner that results in a reduction PAYMENT REVIEWS.—If a bill or joint resolu- the adjustment for purposes paragraph (1) in Federal spending; tion is reported making appropriations for shall be the amount of budget authority in (2) submit to the appropriate congressional fiscal year 2011, 2012, or 2013 that includes that measure for that purpose but not to ex- committees a report on the plan of action $10,000,000, plus an additional amount for in- ceed— that includes a timeline for the implementa- person reemployment and eligibility assess- (i) with respect to fiscal year 2011, tion of the plan and recommendations for ments and unemployment improper payment $50,000,000,000 in new budget authority; any legislative action that would be required reviews for the Department of Labor, the ad- (ii) with respect to fiscal year 2012, to fully implement the plan; and justment for purposes paragraph (1) shall be $50,000,000,000 in new budget authority; and (3) move expeditiously to implement the the amount of budget authority in that (iii) with respect to fiscal year 2013, plan in order to protect the long-term na- measure for that initiative but not to ex- $50,000,000,000 in new budget authority. tional security and economic stability of the ceed— (B) INTERNAL REVENUE SERVICE TAX EN- United States. (i) with respect to fiscal year 2011, FORCEMENT.— $51,000,000 in new budget authority; SA 4303. Mr. SESSIONS (for himself (i) IN GENERAL.—If a bill or joint resolution (ii) with respect to fiscal year 2012, and Mrs. MCCASKILL) proposed an is reported making appropriations for fiscal $51,000,000 in new budget authority; and amendment to amendment SA 4301 pro- year 2011, 2012, or 2013, that includes the (iii) with respect to fiscal year 2013, amount described in clause (ii)(I), plus an ad- $52,000,000 in new budget authority. posed by Mr. BAUCUS to the bill H.R. ditional amount for enhanced tax enforce- (F) LOW-INCOME HOME ENERGY ASSISTANCE 4213, to amend the Internal Revenue ment to address the Federal tax gap (taxes PROGRAM (LIHEAP).—If a bill or joint resolu- Code of 1986 to extend certain expiring owed but not paid) described in clause tion is reported making appropriations for provisions, and for other purposes; as (ii)(II), the adjustment for purposes of para- fiscal year 2011, 2012, or 2013 that includes follows: graph (1) shall be the amount of budget au- $3,200,000,000 in funding for the Low-Income At the end of the amendment, insert the thority in that measure for that initiative Home Energy Assistance Program and pro- following: not exceeding the amount specified in clause vides an additional amount up to SEC. lll. DISCRETIONARY SPENDING LIMITS. (ii)(II) for that fiscal year. $1,900,000,000 for that program, the adjust- (a) POINT OF ORDER.—It shall not be in (ii) AMOUNTS.—The amounts referred to in ment for purposes of paragraph (1) shall be order in the House of Representatives or the clause (i) are as follows: the amount of budget authority in that Senate to consider any bill, joint resolution, (I) For fiscal year 2011, $7,171,000,000, for measure for that initiative but not to exceed amendment, or conference report that in- fiscal year 2012, $7,243,000,000, and for fiscal $1,900,000,000. cludes any provision that would cause the year 2013, $7,315,000,000. (d) EMERGENCY SPENDING.— discretionary spending limits as set forth in (II) For fiscal year 2011, $899,000,000, for fis- (1) AUTHORITY TO DESIGNATE.—In the Sen- this section to be exceeded. cal year 2012, and $908,000,000, for fiscal year ate, with respect to a provision of direct (b) LIMITS.—In this section, the term ‘‘dis- 2013, $917,000,000. spending or receipts legislation or appropria- cretionary spending limits’’ has the fol- (C) CONTINUING DISABILITY REVIEWS AND SSI tions for discretionary accounts that Con- lowing meaning subject to adjustments in REDETERMINATIONS.— gress designates as an emergency require- subsection (c): (i) IN GENERAL.—If a bill or joint resolution ment in such measure, the amounts of new (1) For fiscal year 2011— is reported making appropriations for fiscal budget authority, outlays, and receipts in all (A) for the defense category (budget func- year 2011, 2012, or 2013 that includes the fiscal years resulting from that provision tion 050), $564,293,000,000 in budget authority; amount described in clause (ii)(I), plus an ad- shall be treated as an emergency require- and ditional amount for Continuing Disability ment for the purpose of this subsection. (B) for the nondefense category, Reviews and Supplemental Security Income (2) EXEMPTION OF EMERGENCY PROVISIONS.— $540,116,000,000 in budget authority. Redeterminations for the Social Security Any new budget authority, outlays, and re- (2) For fiscal year 2012— Administration described in clause (ii)(II), ceipts resulting from any provision des- (A) for the defense category (budget func- the adjustment for purposes of paragraph (1) ignated as an emergency requirement, pursu- tion 050), $573,612,000,000 in budget authority; shall be the amount of budget authority in ant to this subsection, in any bill, joint reso- and that measure for that initiative not exceed- lution, amendment, or conference report

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4698 CONGRESSIONAL RECORD — SENATE June 8, 2010 shall not count for purposes of this section, (i) necessary, essential, or vital (not mere- (B) in section 8905(c)(2)(B), by striking ‘‘un- sections 302 and 311 of this Act, section 201 of ly useful or beneficial); married dependent’’ and inserting ‘‘depend- S. Con. Res. 21 (110th Congress) (relating to (ii) sudden, quickly coming into being, and ent’’. pay-as-you-go), section 311 of S. Con. Res. 70 not building up over time; (c) EFFECTIVE DATE.—The amendments (110th Congress) (relating to long-term defi- (iii) an urgent, pressing, and compelling made by this section shall become effective cits), and section 404 of S. Con. Res. 13 (111th need requiring immediate action; as if included in the enactment of section Congress). (iv) subject to clause (ii), unforeseen, un- 1001 of the Patient Protection and Affordable (3) DESIGNATIONS.—If a provision of legisla- predictable, and unanticipated; and Care Act (Public Law 111–148), except that tion is designated as an emergency require- (v) not permanent, temporary in nature. the Director of the Office of Personnel Man- ment under this subsection, the committee (7) UNFORESEEN.—An emergency that is agement may implement such amendments report and any statement of managers ac- part of an aggregate level of anticipated for such periods before the effective date companying that legislation shall include an emergencies, particularly when normally es- otherwise provided in section 1004(a) of such explanation of the manner in which the pro- timated in advance, is not unforeseen. Act as the Director may specify. vision meets the criteria in paragraph (6). (e) LIMITATIONS ON CHANGES TO EXEMP- (4) DEFINITIONS.—In this subsection, the TIONS.—It shall not be in order in the Senate SA 4305. Mr. WICKER submitted an terms ‘‘direct spending’’, ‘‘receipts’’, and or the House of Representatives to consider amendment intended to be proposed to ‘‘appropriations for discretionary accounts’’ any bill, resolution, amendment, or con- amendment SA 4301 proposed by Mr. mean any provision of a bill, joint resolu- ference report that would exempt any new tion, amendment, motion, or conference re- budget authority, outlays, and receipts from BAUCUS to the bill H.R. 4213, to amend port that affects direct spending, receipts, or being counted for purposes of this section. the Internal Revenue Code of 1986 to appropriations as those terms have been de- (f) POINT OF ORDER IN THE SENATE.— extend certain expiring provisions, and fined and interpreted for purposes of the Bal- (1) WAIVER.—The provisions of subsections for other purposes; which was ordered anced Budget and Emergency Deficit Control (a)–(e) of this section shall be waived or sus- to lie on the table; as follows: pended in the Senate only— Act of 1985. At the end of subpart B of part II of sub- (A) by the affirmative vote of two-thirds of (5) POINT OF ORDER.— title D of title II, add the following: (A) IN GENERAL.—When the Senate is con- the Members, duly chosen and sworn; or sidering a bill, resolution, amendment, mo- (B) in the case of the defense budget au- SEC. llll. TAX-EXEMPT BOND FINANCING. tion, or conference report, if a point of order thority, if Congress declares war or author- (a) IN GENERAL.—Paragraphs (2)(D) and is made by a Senator against an emergency izes the use of force. (7)(C) of section 1400N(a) are each amended designation in that measure, that provision (2) APPEAL.—Appeals in the Senate from by striking ‘‘January 1, 2011’’ and inserting making such a designation shall be stricken the decisions of the Chair relating to any ‘‘January 1, 2012’’. from the measure and may not be offered as provision of this section shall be limited to 1 (b) CONFORMING AMENDMENTS.—Sections an amendment from the floor. hour, to be equally divided between, and con- 702(d)(1) and 704(a) of the Heartland Disaster (B) SUPERMAJORITY WAIVER AND APPEALS.— trolled by, the appellant and the manager of Tax Relief Act of 2008 (Public Law 110–343; (i) WAIVER.—Subparagraph (A) may be the measure. An affirmative vote of two- 122 Stat. 3913, 3919) are each amended by waived or suspended in the Senate only by thirds of the Members of the Senate, duly striking ‘‘January 1, 2011’’ each place it ap- an affirmative vote of three-fifths of the chosen and sworn, shall be required to sus- pears and inserting ‘‘January 1, 2012’’. Members, duly chosen and sworn. tain an appeal of the ruling of the Chair on (ii) APPEALS.—Appeals in the Senate from a point of order raised under this section. SA 4306. Mr. WICKER submitted an the decisions of the Chair relating to any (g) LIMITATIONS ON CHANGES TO THIS SEC- amendment intended to be proposed to provision of this paragraph shall be limited TION.—It shall not be in order in the Senate amendment SA 4301 proposed by Mr. to 1 hour, to be equally divided between, and or the House of Representatives to consider BAUCUS to the bill H.R. 4213, to amend controlled by, the appellant and the manager any bill, resolution, amendment, or con- the Internal Revenue Code of 1986 to of the bill or joint resolution, as the case ference report that would repeal or otherwise extend certain expiring provisions, and may be. An affirmative vote of three-fifths of change this section. the Members of the Senate, duly chosen and for other purposes; which was ordered sworn, shall be required to sustain an appeal SA 4304. Mr. CARDIN (for himself, to lie on the table; as follows: of the ruling of the Chair on a point of order Ms. MIKULSKI, Mr. CASEY, Mr. KAUF- At the end of subpart B of part II of sub- raised under this paragraph. MAN, Mrs. HAGAN, and Mr. BEGICH) subtitle D of title II, add the following: (C) DEFINITION OF AN EMERGENCY DESIGNA- mitted an amendment intended to be SEC. lll. SPECIAL DEPRECIATION ALLOW- TION.—For purposes of subparagraph (A), a proposed to amendment SA 4301 pro- ANCE. provision shall be considered an emergency (a) IN GENERAL.—Paragraph (6) of section posed by Mr. BAUCUS to the bill H.R. designation if it designates any item as an 1400N(d)(6) is amended by striking subpara- emergency requirement pursuant to this 4213, to amend the Internal Revenue graph (D). paragraph. Code of 1986 to extend certain expiring (b) EFFECTIVE DATE.—The amendment (D) FORM OF THE POINT OF ORDER.—A point provisions, and for other purposes; as made by this section shall apply to property of order under subparagraph (A) may be follows: placed in service after December 31, 2009. raised by a Senator as provided in section At the appropriate place, insert the fol- 313(e) of the Congressional Budget Act of lowing: SA 4307. Mr. BEGICH submitted an 1974. SEC. llll. EXTENSION OF DEPENDENT COV- amendment intended to be proposed to (E) CONFERENCE REPORTS.—When the Sen- ERAGE UNDER FEHBP. amendment SA 4301 proposed by Mr. ate is considering a conference report on, or (a) SHORT TITLE.—This section may be BAUCUS to the bill H.R. 4213, to amend an amendment between the Houses in rela- cited as the ‘‘FEHBP Dependent Coverage tion to, a bill, upon a point of order being Extension Act’’. the Internal Revenue Code of 1986 to made by any Senator pursuant to this para- (b) IN GENERAL.— extend certain expiring provisions, and graph, and such point of order being sus- (1) PROVISIONS RELATING TO AGE.—Chapter for other purposes; which was ordered tained, such material contained in such con- 89 of title 5, United States Code, is amend- to lie on the table; as follows: ference report shall be deemed stricken, and ed— At the end of title VI, insert the following: the Senate shall proceed to consider the (A) in section 8901(5)— SEC. 6ll. ENCOURAGEMENT OF CONTRIBU- question of whether the Senate shall recede (i) in the matter before subparagraph (A), TIONS OF CAPITAL GAIN REAL from its amendment and concur with a fur- by striking ‘‘22 years of age’’ and inserting PROPERTY MADE FOR CONSERVA- ther amendment, or concur in the House ‘‘26 years of age’’; and TION PURPOSES BY NATIVE COR- amendment with a further amendment, as (ii) in the matter after subparagraph (B), PORATIONS. the case may be, which further amendment by striking ‘‘age 22’’ and inserting ‘‘age 26’’; (a) IN GENERAL.—Paragraph (2) of section shall consist of only that portion of the con- and 170(b) of the Internal Revenue Code of 1986 is ference report or House amendment, as the (B) in section 8905(c)(2)(B)— amended by redesignating subparagraph (C) case may be, not so stricken. Any such mo- (i) in clause (i), by striking ‘‘22 years of as subparagraph (D), and by inserting after tion in the Senate shall be debatable. In any age’’ and inserting ‘‘26 years of age’’; and subparagraph (B) the following new subpara- case in which such point of order is sustained (ii) in clause (ii), by striking ‘‘age 22’’ and graph: against a conference report (or Senate inserting ‘‘age 26’’. ‘‘(C) QUALIFIED CONSERVATION CONTRIBU- amendment derived from such conference re- (2) PROVISIONS RELATING TO MARITAL STA- TIONS BY CERTAIN NATIVE CORPORATIONS.— port by operation of this subsection), no fur- TUS.—Chapter 89 of title 5, United States ‘‘(i) IN GENERAL.—Any qualified conserva- ther amendment shall be in order. Code, is further amended— tion contribution (as defined in subsection (6) CRITERIA.— (A) in section 8901(5) and subsections (h)(1)) which— (A) IN GENERAL.—For purposes of this sub- (b)(2)(A), (c)(2)(B), (e)(1)(B), and (e)(2)(A) of ‘‘(I) is made by a Native Corporation, and section, any provision is an emergency re- section 8905a, by striking ‘‘an unmarried de- ‘‘(II) is a contribution of property which quirement if the situation addressed by such pendent’’ each place it appears and inserting was land conveyed under the Alaska Native provision is— ‘‘a dependent’’; and Claims Settlement Act,

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4699 shall be allowed to the extent that the aggre- for other purposes; which was ordered charge paid to a qualified meat processor for gate amount of such contributions does not to lie on the table; as follows: the purpose of processing donated wild game exceed the excess of the taxpayer’s taxable At the end of title VI, insert the following: meat.’’. income over the amount of charitable con- (2) CLERICAL AMENDMENT.—The table of tributions allowable under subparagraph (A). SEC. 6ll. CHARITABLE DEDUCTION FOR COSTS sections for part III of subchapter B of chap- ASSOCIATED WITH DONATIONS OF ‘‘(ii) LIMITATION.—This subparagraph shall WILD GAME MEAT. ter 1 of the Internal Revenue Code of 1986 is not apply to any contribution of property de- (a) IN GENERAL.—Subsection (e) of section amended by inserting before the item relat- scribed in clause (i)(II) which, by itself or 170 of the Internal Revenue Code of 1986 is ing to section 140 the following new item: when aggregated to any other property to amended by adding at the end the following ‘‘Sec. 139F. Certain income received from which this subparagraph applies, is a con- new paragraph: tax exempt organizations.’’. tribution of more than 10 percent of the land ‘‘(8) SPECIAL RULE FOR CONTRIBUTIONS OF (c) EFFECTIVE DATE.—The amendments conveyed to the Native Corporation de- WILD GAME MEAT.— made by this section shall apply to dona- scribed in clause (i)(I) under the Alaska Na- ‘‘(A) IN GENERAL.—In the case of a chari- tions made, and fees received, after the date tive Claims Settlement Act. table contribution by an individual of quali- of the enactment of this Act. ‘‘(iii) CARRYOVER.—If the aggregate fied wild game meat, the amount of such amount of contributions described in clause contribution otherwise taken into account SA 4310. Mr. SCHUMER (for himself, (i) exceeds the limitation of clause (i), such under this section (after the application of Ms. STABENOW, Mr. LEVIN, Mr. ISAKSON, excess shall be treated (in a manner con- paragraph (1)(A)) shall be increased by the sistent with the rules of subsection (d)(2)) as and Mr. CHAMBLISS) submitted an amount of the qualified processing fees paid amendment intended to be proposed to a charitable contribution to which clause (i) with respect to such contribution. applies in each of the 5 succeeding years in ‘‘(B) QUALIFIED WILD GAME MEAT.—For pur- amendment SA 4301 proposed by Mr. order of time. poses of this paragraph, the term ‘qualified BAUCUS to the bill H.R. 4213, to amend ‘‘(iv) DEFINITION.—For purposes of this sub- wild game meat’ means the meat of any ani- the Internal Revenue Code of 1986 to paragraph, the term ‘Native Corporation’ has mal which is typically used for human con- extend certain expiring provisions, and the meaning given such term by section 3(m) sumption, but only if— for other purposes; which was ordered of the Alaska Native Claims Settlement Act. ‘‘(i) such animal is killed in the wild by the to lie on the table; as follows: ‘‘(v) TERMINATION.—This subparagraph individual making the charitable contribu- At the end of title VI, insert the following: shall not apply to any contribution in any tion of such meat (not including animals taxable year beginning after December 31, raised on a farm for the purpose of sport SEC. 6ll. MODIFICATION OF EXCISE TAX ON IN- 2010.’’. VESTMENT INCOME OF PRIVATE hunting), FOUNDATIONS. (b) CONFORMING AMENDMENT.—Section ‘‘(ii) such animal is hunted or taken in ac- (a) IN GENERAL.—Subsection (a) of section 170(b)(2)(A) of such Code is amended by strik- cordance with all State and local laws and ing ‘‘subparagraph (B) applies’’ and inserting 4940 of the Internal Revenue Code of 1986 is regulations, including season and size re- amended by inserting ‘‘(1.39 percent in the ‘‘subparagraphs (B) or (C) apply’’. strictions, (c) EFFECTIVE DATE.—The amendments case of taxable years beginning before Janu- ‘‘(iii) such meat is processed for human ary 1, 2015)’’ after ‘‘2 percent’’. made by this section shall apply to contribu- consumption by a processor which is licensed (b) TEMPORARY ELIMINATION OF REDUCED tions made after the date of the enactment for such purpose under the appropriate Fed- TAX WHERE FOUNDATION MEETS CERTAIN DIS- of this Act. eral, State, and local laws and regulations (d) RULE OF CONSTRUCTION.—Nothing in TRIBUTION REQUIREMENTS.—Subsection (e) of and which is in compliance with all such this section or the amendments made by this section 4940 of such Code is amended by add- laws and regulations, and section shall be construed to modify any ex- ing at the end the following new paragraph: ‘‘(iv) such meat is apparently wholesome isting property rights conveyed to Native ‘‘(7) APPLICATION.—Paragraph (1) shall not (under regulations similar to the regulations Corporations (withing the meaning of sec- apply for any taxable year beginning after under section 22(b)(2) of the Bill Emerson tion 3(m) of the Alaska Native Claims Set- December 31, 2009, and before January 1, Good Samaritan Food Donation Act). tlement Act) under such Act. 2015.’’. ‘‘(C) QUALIFIED PROCESSING FEE.—For pur- (c) STUDY.—Not later than December 31, SEC. 6ll. INCREASE IN PENALTY FOR FAILURE poses of this paragraph, the term ‘qualified TO FILE A PARTNERSHIP OR S COR- 2013, the Secretary of the Treasury shall con- PORATION RETURN. processing fee’ means any fee or charge paid duct and submit to the Congress a study to a processor which fulfills the require- (a) IN GENERAL.—Sections 6698(b)(1) and which examines the effect of the change in 6699(b)(1) of the Internal Revenue Code of ments of subparagraph (B)(iii) for the pur- the rate of tax under section 4940 of the In- 1986 are each amended by striking ‘‘$195’’ and pose of processing wild game meat, but only ternal Revenue Code of 1986 (as amended by inserting ‘‘$205’’. to the extent that such meat is donated as a this section) has on the level of grantmaking charitable contribution under this section.’’. (b) EFFECTIVE DATE.—The amendment by private foundations. (b) EXCLUSION OF PROCESSOR’S INCOME made by this section shall apply to returns (d) EFFECTIVE DATE.—The amendments for taxable years beginning after December FROM TAX EXEMPT ORGANIZATIONS.— made by this section shall apply to taxable 31, 2010. (1) IN GENERAL.—Part III of subchapter B of years beginning after December 31, 2009. chapter 1 of the Internal Revenue Code of SA 4308. Mr. SCHUMER submitted an 1986 is amended by inserting before section SA 4311. Mr. FRANKEN (for himself, 140 the following new section: amendment intended to be proposed to Ms. SNOWE, and Mrs. MURRAY) proposed ‘‘SEC. 139F. CERTAIN INCOME RECEIVED FROM amendment SA 4301 proposed by Mr. CHARITABLE ORGANIZATIONS. an amendment to amendment SA 4301 BAUCUS to the bill H.R. 4213, to amend ‘‘(a) IN GENERAL.—Gross income of a quali- proposed by Mr. BAUCUS to the bill H.R. the Internal Revenue Code of 1986 to fied meat processor shall not include any 4213, to amend the Internal Revenue extend certain expiring provisions, and amount paid to such processor as a qualified Code of 1986 to extend certain expiring for other purposes; which was ordered processing fee by a charitable organization provisions, and for other purposes; as to lie on the table; as follows: for the processing of donated wild game follows: meat. On page 64, between lines 18 and 19, insert At the appropriate place, insert the fol- ‘‘(b) DEFINITIONS.—For purposes of this sec- the following: lowing: tion— SEC. 293. SPECIAL INVESTMENT RULE FOR CER- ‘‘(1) QUALIFIED MEAT PROCESSOR.—The term TITLE ll—OFFICE OF THE HOMEOWNER TAIN QUALIFIED NEW YORK LIB- ADVOCATE ERTY BOND PROCEEDS. ‘qualified meat processor’ means a processor For purposes of section 149(g) of the Inter- which fulfills the requirements of section SEC. l01. OFFICE OF THE HOMEOWNER ADVO- nal Revenue Code of 1986, the proceeds of any 170(e)(8)(B)(iii). CATE. qualified New York Liberty Bond (as defined ‘‘(2) CHARITABLE ORGANIZATION.—The term (a) ESTABLISHMENT.—There is established in section 1400L(d)(2)) issued after September ‘charitable organization’ means an entity to in the Department of the Treasury an office 30, 2009, and before January 1, 2010, which are which a charitable contribution may be to be known as the ‘‘Office of the Homeowner invested in United States Treasury Obliga- made under section 170(c) and the charitable Advocate’’ (in this title referred to as the tions – State and Local Government Series purpose of which is to provide free food to in- ‘‘Office’’). shall be treated as invested in bonds de- dividuals in need of food assistance. (b) DIRECTOR.— scribed in paragraph (3)(B)(i) of such section. ‘‘(3) DONATED WILD GAME MEAT.—The term (1) IN GENERAL.—The Director of the Office ‘donated wild game meat’ means qualified of the Homeowner Advocate (in this title re- SA 4309. Mr. SCHUMER submitted an wild game meat (as defined in section ferred to as the ‘‘Director’’) shall report di- amendment intended to be proposed to 170(e)(8)(B), without regard to clause (iii) rectly to the Assistant Secretary of the thereof) which is received as a charitable Treasury for Financial Stability, and shall amendment SA 4301 proposed by Mr. contribution (as defined in section 170(c)) by be entitled to compensation at the same rate BAUCUS to the bill H.R. 4213, to amend a charitable organization. as the highest rate of basic pay established the Internal Revenue Code of 1986 to ‘‘(4) QUALIFIED PROCESSING FEE.—The term for the Senior Executive Service under sec- extend certain expiring provisions, and ‘qualified processing fee’ means any fee or tion 5382 of title 5, United States Code.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4700 CONGRESSIONAL RECORD — SENATE June 8, 2010 (2) APPOINTMENT.—The Director shall be (3) RESOLUTION OF HOMEOWNER CONCERNS.— the Internal Revenue Code of 1986 to appointed by the Secretary, after consulta- The Office shall, to the extent possible, re- extend certain expiring provisions, and tion with the Secretary of the Department of solve all homeowner concerns not later than for other purposes; which was ordered Housing and Urban Development, and with- 30 days after the opening of a case with such to lie on the table; as follows: out regard to the provisions of title 5, United homeowner. States Code, relating to appointments in the (c) COMMENCEMENT OF OPERATIONS.—The At the end of the subtitle D of title IV, add competitive service or the Senior Executive Office shall commence its operations, as re- the following: Service. quired by this title, not later than 3 months SEC. lll. NEW REVENUES TO THE OIL SPILL LI- ABILITY TRUST FUND. (3) QUALIFICATIONS.—An individual ap- after the date of enactment of this Act. pointed under paragraph (2) shall have— (d) SUNSET.—The Office shall cease oper- The revenue resulting from any increase in (A) experience as an advocate for home- ations as of the date on which the Home Af- the Oil Spill Liability Trust Fund financing owners; and fordable Modification Program ceases to op- rate under section 4611 of the Internal Rev- (B) experience dealing with mortgage erate. enue Code of 1986 shall— servicers. SEC. l03. RELATIONSHIP WITH EXISTING ENTI- (1) not be counted for purposes of offsetting revenues, receipts, or discretionary spending (4) RESTRICTION ON EMPLOYMENT.—An indi- TIES. vidual may be appointed as Director only if (a) TRANSFER.—The Office shall coordinate under the Congressional Budget Act of 1974 such individual was not an officer or em- and centralize all complaint escalations re- or the Statutory Pay-As-You-Go Act of 2010; ployee of either a mortgage servicer or the lating to the Home Affordable Modification and Department of the Treasury during the 4- Program. (2) shall only be used for the purposes of year period preceding the date of such ap- (b) HOTLINE.—The HOPE hotline (or any the Oil Spill Liability Trust Fund. successor triage hotline) shall reroute all pointment. SA 4313. Mr. BARRASSO submitted (5) HIRING AUTHORITY.—The Director shall complaints relating to the Home Affordable have the authority to hire staff, obtain sup- Modification Program to the Office. an amendment intended to be proposed port by contract, and manage the budget of (c) COORDINATION.—The Office shall coordi- by him to the bill H.R. 4213, to amend the Office of the Homeowner Advocate. nate with the compliance office of the Office the Internal Revenue Code of 1986 to of Financial Stability of the Department of SEC. l02. FUNCTIONS OF THE OFFICE. extend certain expiring provisions, and the Treasury and the Homeownership Preser- for other purposes; which was ordered (a) IN GENERAL.—It shall be the function of vation Office of the Department of the Treas- the Office— ury. to lie on the table; as follows: (1) to assist homeowners, housing coun- SEC. l04. REPORTS TO CONGRESS. At the appropriate place, add the fol- selors, and housing lawyers in resolving lowing: (a) TESTIMONY.—The Director shall be problems with the Home Affordable Modi- (h) ATTORNEYS’ FEES AND INCENTIVE available to testify before the Committee on fication Program of the Making Home Af- AWARDS.— Banking, Housing, and Urban Affairs of the fordable initiative of the Secretary, author- (1) IN GENERAL.—Any award of attorneys’ Senate and the Committee on Financial ized under the Emergency Economic Sta- fees, expenses, and costs or any incentive Services of the House of Representatives, not bilization Act of 2008 (in this title referred to award in connection with the Litigation less frequently than 4 times a year, or at any as the ‘‘Home Affordable Modification Pro- shall be within the discretion of the United time at the request of the Chairs of either gram’’) States District Court for the District of Co- committee. (2) to identify areas, both individual and lumbia (referred to in this section as the (b) REPORTS.—Once annually, the Director systematic, in which homeowners, housing shall provide a detailed report to Congress ‘‘Court’’) and in accordance with controlling counselors, and housing lawyers have prob- on the Home Affordable Modification Pro- law, including paragraphs (2) and (3). lems in dealings with the Home Affordable gram. Such report shall contain full and sub- (2) ATTORNEYS’ FEES, EXPENSES, AND Modification Program; stantive analysis, in addition to statistical COSTS.— (3) to the extent possible, to propose information, including, at a minimum— (A) IN GENERAL.—Any motion or request changes in the administrative practices of (1) data and analysis of the types and vol- for attorneys’ fees, expenses, and costs in- the Home Affordable Modification Program, ume of complaints received from home- curred in the Litigation shall be supported to mitigate problems identified under para- owners, housing counselors, and housing law- by complete and contemporaneous daily graph (2); yers, broken down by category of servicer, time, expense, and cost records for all such (4) to identify potential legislative changes except that servicers may not be identified fees, expenses, and costs. which may be appropriate to mitigate such by name in the report; (B) PRE-SETTLEMENT.—Notwithstanding problems; and (2) a summary of not fewer than 20 of the any other provision of law, any award of at- (5) to implement other programs and ini- most serious problems encountered by Home torneys’ fees, expenses, and costs incurred in tiatives that the Director deems important Affordable Modification Program partici- the Litigation on or before December 7, 2009, to assisting homeowners, housing coun- pants, including a description of the nature shall not exceed $50,000,000 above amounts selors, and housing lawyers in resolving of such problems; previously paid by the defendants in the problems with the Home Affordable Modi- (3) to the extent known, identification of Litigation. fication Program, which may include— the 10 most litigated issues for Home Afford- (3) INCENTIVE AWARDS.—Notwithstanding (A) running a triage hotline for home- able Modification Program participants, in- any other provision of law, any incentive owners at risk of foreclosure; cluding recommendations for mitigating awards to class representatives in connec- (B) providing homeowners with access to such disputes; tion with the Litigation— housing counseling programs of the Depart- (4) data and analysis on the resolutions of (A) shall not exceed, in the aggregate, ment of Housing and Urban Development at the complaints received from homeowners, $15,000,000; and no cost to the homeowner; housing counselors, and housing lawyers; (B) shall be limited to reimbursement of (C) developing Internet tools related to the (5) identification of any programs or initia- documented expenses and costs that— Home Affordable Modification Program; and tives that the Office has taken to improve (i)(I) were paid by the class representative (D) developing training and educational the Home Affordable Modification Program; with the funds of that class representative; materials. (6) recommendations for such administra- or (b) AUTHORITY.— tive and legislative action as may be appro- (II) were paid by the class representative (1) IN GENERAL.—Staff designated by the priate to resolve problems encountered by with borrowed funds that the class rep- Director shall have the authority to imple- Home Affordable Modification Program par- resentative has a binding legal obligation to ment servicer remedies, on a case-by-case ticipants; and repay; and basis, subject to the approval of the Assist- (7) such other information as the Director (ii) have not otherwise been paid or reim- ant Secretary of the Treasury for Financial may deem advisable. bursed by the United States, Class Counsel, Stability. or any other person or entity other than the SEC. l05. FUNDING. (2) LIMITATIONS ON FORECLOSURES.—No class representative petitioning for the Amounts made available for the costs of homeowner may be taken to a foreclosure award. administration of the Home Affordable Modi- sale, until the earlier of the date on which (i) SELECTION OF 1 OR MORE QUALIFYING fication Program that are not otherwise ob- the Office of the Homeowner Advocate case BANKS.—The Court, in exercising the discre- involving the homeowner is closed, or 60 ligated shall be available to carry out the tion of the Court to approve the selection of days since the opening of the Office of the duties of the Office. Funding shall be main- any proposed Qualifying Bank under para- Homeowner Advocate case involving the tained at levels adequate to reasonably carry graph A.1. of the Settlement, shall consider, homeowner have passed, except that nothing out the functions of the Office. in addition to the requirements of paragraph in this section may be construed to relieve Mr. VITTER (for himself, A.29. of the Settlement and any other re- any loan servicers from any otherwise appli- SA 4312. quirements or factors that the Court deter- cable rules, directives, or similar guidance Mr. GREGG, and Mr. CORNYN) submitted mines to be relevant, whether the bank— under the Home Affordable Modification an amendment intended to be proposed (1) employs officers and staff with experi- Program relating to the continuation or to amendment SA 4301 proposed by Mr. ence in administering and collateralizing completion of foreclosure proceedings. BAUCUS to the bill H.R. 4213, to amend large deposits of settlement funds;

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4701 (2) has a demonstrated record of compli- SA 4314. Mr. INHOFE submitted an of 1974 is amended by inserting after the ance with all applicable banking laws (in- amendment intended to be proposed by item relating to section 315 the following cluding regulations); and him to the bill H.R. 4213, to amend the new item: (3) offers competitive rates of interest on Internal Revenue Code of 1986 to extend ‘‘Sec. 316. Non-security discretionary spend- deposits and competitive fees or charges for ing limits.’’. any services that the bank will perform certain expiring provisions, and for under the Settlement. other purposes; which was ordered to Subtitle B—Statutory Non-security (j) TRUST LAND CONSOLIDATION FUND.— lie on the table; as follows: Discretionary Spending Limits (1) CONSULTATION.—In implementing para- At the appropriate place, insert the fol- PART I—DEFINITIONS, ADMINISTRATION, graph F. of the Settlement, the Secretary lowing: AND SEQUESTRATION shall consult with federally recognized In- TITLE ll—HONEST EXPENDITURE dian tribes with respect to— LIMITATION PROGRAM SEC. l211. DEFINITIONS. (A) prioritizing and selecting tracts of land SEC. l01. SHORT TITLE; EXPIRATION. In this title: for consolidation of fractionated interests; (a) SHORT TITLE.—This title may be cited (1) ACCOUNT.—The term ‘‘account’’ means— and as the ‘‘Honest Expenditure Limitation Pro- (A) for discretionary budget authority, an (B) otherwise implementing the Settle- gram Act of 2010’’ or the ‘‘HELP Act’’. item for which appropriations are made in ment with regard to consolidation of (b) EXPIRATION.—This title shall expire at any appropriation Act; and fractionated interests under the Settlement. the end of fiscal year 2020. (B) for items not provided for in appropria- ONTRACTING AND COMPACTING.—Not- (2) C tion Acts, direct spending and outlays there- withstanding any provision of the Indian Subtitle A—Congressional Non-security from identified in the program and finance Land Consolidation Act (25 U.S.C. 2201 et Discretionary Spending Limits schedules contained in the appendix to the seq.), the activities in implementing para- SEC. l101. NON-SECURITY DISCRETIONARY Budget of the United States for the current graph F. of the Settlement shall be subject SPENDING LIMITS. year. to contracting and compacting under titles I (a) IN GENERAL.—Title III of the Congres- (2) BREACH.—The term ‘‘breach’’ means, for and IV of the Indian Self-Determination and sional Budget Act of 1974 is amended by inserting at the end the following: any fiscal year, the amount by which discre- Education Assistance Act (25 U.S.C. 450 et tionary budget authority enacted for that seq.). ‘‘NON-SECURITY DISCRETIONARY SPENDING year exceeds the spending limit for budget (k) TRUST ADMINISTRATION CLASS ADJUST- LIMITS authority for that year. MENTS.— ‘‘SEC. 316. (a) NON-SECURITY DISCRETIONARY (3) BUDGET AUTHORITY; NEW BUDGET AU- (1) IN GENERAL.—In addition to any SPENDING LIMITS.—It shall not be in order in THORITY; AND OUTLAYS.—The terms ‘‘budget amounts deducted from the Accounting/ the House of Representatives or the Senate authority’’, ‘‘new budget authority’’, and Trust Administration Fund under paragraph to consider any bill, joint resolution, amend- ‘‘outlays’’ have the meanings given to such E.4.b.2. of the settlement, the Court shall re- ment, or conference report that includes any terms in section 3 of the Congressional Budg- quire the Claims Administrator (as defined provision that would cause the non-security et and Impoundment Control Act of 1974 (2 in paragraph A.5. of the Settlement) to set discretionary spending limits as set forth in U.S.C. 622). aside, from the funds paid into the Account- subsection (b) to be exceeded. (4) BUDGET YEAR.—The term ‘‘budget year’’ ing/Trust Administration Fund (as defined in ‘‘(b) LIMITS.—The non-security discre- means, with respect to a session of Congress, paragraph A.1 of the Settlement) pursuant to tionary spending limits are as follows: the fiscal year of the Government that starts paragraph E.2.a. of the Settlement, ‘‘(1) For fiscal years 2011 through 2015, the on October 1 of the calendar year in which $50,000,000 for making equitable adjustments spending level for such spending in fiscal that session begins. to the payments to members of the Trust year 2010 reduced each year thereafter on a (5) CBO.—The term ‘‘CBO’’ means the Di- Administration Class pursuant to this sub- pro rata basis so that the level for fiscal year rector of the Congressional Budget Office. section. 2015 does not exceed the level for fiscal year (6) CURRENT.—The term ‘‘current’’ means— (2) PURPOSE OF ADJUSTMENTS.—The purpose 2008. (A) with respect to the Office of Manage- of the adjustments under this subsection is ‘‘(2) For fiscal years 2016 through 2020, the ment and Budget estimates included with a to provide additional compensation to any spending level for fiscal year 2015. budget submission under section 1105(a) of member of the Trust Administration Class ‘‘(c) NON-SECURITY SPENDING.—In this sec- title 31, United States Code, the estimates who demonstrates that the pro rata formula tion, the term ‘non-security discretionary consistent with the economic and technical calculated under paragraph E.4.b.(3) of the spending’ means discretionary spending assumptions underlying that budget; Settlement does not provide fair compensa- other than spending for the Department of (B) with respect to estimates made after tion. Defense, homeland security activities, intel- that budget submission that are not included (3) PROCEDURES.—Except as provided in ligence related activities within the Depart- with it, the estimates consistent with the paragraph (5), the procedures, sufficiency of ment of State, the Department of Veterans economic and technical assumptions under- proof, and other requirements for members Affairs, and national security related activi- lying the most recently submitted Presi- of the Trust Administration Class to receive ties in the Department of Energy. dent’s budget; and adjustments under this subsection shall be ‘‘(d) LIMITATIONS ON CHANGES TO THIS SEC- (C) with respect to the Congressional Budg- established by, and be within the discretion TION.—It shall not be in order in the Senate et Office, estimates consistent with the eco- of, the Court. or the House of Representatives to consider nomic and technical assumptions as required (4) AMOUNT OF ADJUSTMENTS.—Whether an any bill, resolution, amendment, or con- by section 202(e)(1) of the Congressional adjustment authorized under this subsection ference report that would— Budget Act of 1974. should be made and the amount of any such ‘‘(1) repeal or otherwise change this sec- (7) CURRENT YEAR.—The term ‘‘current adjustment shall be within the discretion of tion; or year’’ means, with respect to a budget year, the Court and not subject to appeal. ‘‘(2) exempt any new budget authority, the fiscal year that immediately precedes (5) TIMING OF ADJUSTMENTS.—Any adjust- outlays, and receipts from being counted for that budget year. ment payments authorized under this sub- purposes of this section. (8) DISCRETIONARY APPROPRIATIONS AND DIS- section shall be distributed after payments ‘‘(e) POINT OF ORDER IN THE SENATE.— CRETIONARY BUDGET AUTHORITY.—The terms have been made to class members under ‘‘(1) WAIVER.—The provisions of this sec- ‘‘discretionary appropriations’’ and ‘‘discre- paragraphs E.3. and 4. of the Settlement. tion shall be waived or suspended in the Sen- tionary budget authority’’ shall have the (6) REMAINING FUNDS.—Any funds remain- ate only— meaning given such terms in section 3(4) of ing in the amount set aside under paragraph ‘‘(A) by the affirmative vote of two-thirds the Congressional Budget Act of 1974. (1) after completing the payments of equi- of the Members, duly chosen and sworn; or (9) NON-SECURITY DISCRETIONARY SPENDING table adjustments under this subsection ‘‘(B) in the case of the defense budget au- LIMIT.—The term ‘‘non-security discre- shall be distributed to all members of the thority, if Congress declares war or author- tionary spending limit’’ shall mean the Trust Administration Class in accordance izes the use of force. amounts specified in section 222. with the pro rata percentages calculated for ‘‘(2) APPEAL.—Appeals in the Senate from (10) OMB.—The term ‘‘OMB’’ means the Di- the members of that class under paragraph the decisions of the Chair relating to any rector of the Office of Management and E.4.b.(3) of the Settlement. provision of this section shall be limited to 1 Budget. (7) SPECIAL MASTER.— hour, to be equally divided between, and con- (11) SEQUESTRATION.—The term ‘‘sequestra- (A) IN GENERAL.—At the discretion of the trolled by, the appellant and the manager of tion’’ means the cancellation or reduction of Court, the determination of the amount of the measure. An affirmative vote of two- budget authority (except budget authority to equitable adjustments under this subsection thirds of the Members of the Senate, duly fund mandatory programs) provided in ap- may be made by the special master ap- chosen and sworn, shall be required to sus- propriation Acts. pointed under the Settlement. tain an appeal of the ruling of the Chair on (B) REVIEW AND APPROVAL.—Any adjust- a point of order raised under this section.’’. SEC. l212. ADMINISTRATION AND EFFECT OF SE- QUESTRATION. ments made by the special master under sub- (b) TABLE OF CONTENTS.—The table of con- paragraph (A) shall be subject to the review tents set forth in section 1(b) of the Congres- (a) TIMETABLE.—The timetable with re- of the Court. sional Budget and Impoundment Control Act spect to this title is as follows:

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On or before: Action to be completed: 5 days before the President’s budget submission required under section 1105 of title 31, United States Code ...... CBO Discretionary Sequestration Preview Report. The President’s budget submission ...... OMB Discretionary Sequestration Preview Report. 10 days after end of session ...... CBO Final Discretionary Sequestration Report. 15 days after end of session ...... OMB Final Discretionary Sequestration/Presidential Sequestration Order. (b) PRESIDENTIAL ORDER.— tween OMB and CBO estimates for each item acted that causes a breach for that year (1) IN GENERAL.—On the date specified in set forth in this subsection. (after taking into account any previous se- subsection (a), if in its Final Sequestration (b) DISCRETIONARY SEQUESTRATION RE- questration), the discretionary spending Report, OMB estimates that any sequestra- PORTS.—On the dates specified in section limit for the next fiscal year shall be reduced tion is required, the President shall issue an 212(a), OMB and CBO shall issue Discre- by the amount of that breach. order fully implementing without change all tionary Sequestration Reports, reflecting (5) WITHIN-SESSION SEQUESTRATION REPORTS sequestrations required by the OMB calcula- laws enacted through those dates, containing AND ORDER.—If an appropriation for a fiscal tions set forth in that report. This order all of the information required in the Discre- year in progress is enacted (after Congress shall be effective on issuance. tionary Sequestration Preview Reports. adjourns to end the session for that budget (2) SPECIAL RULE.—If the date specified for (c) FINAL DISCRETIONARY SEQUESTRATION year and before July 1 of that fiscal year) the submission of a Presidential order under REPORTS.— that causes a breach, 10 days later CBO shall subsection (a) falls on a Sunday or legal holi- (1) REPORTING REQUIREMENTS.—On the issue a report containing the information re- day, such order shall be issued on the fol- dates specified in section 212(a), OMB and quired in section 221(c). Fifteen days after lowing day. CBO shall each issue a Final Discretionary enactment, OMB shall issue a report con- (c) EFFECTS OF SEQUESTRATION.—The ef- Sequestration Report, updated to reflect taining the information required in section fects of sequestration shall be as follows: laws enacted through those dates. 221(c). On the same day as the OMB report, (1) Budgetary resources sequestered from (2) DISCRETIONARY SPENDING.—The Final the President shall issue an order fully im- any account shall be permanently cancelled, Discretionary Sequestration Reports shall plementing without change all sequestra- except as provided in paragraph (5). set forth estimates for each of the following: tions required by the OMB calculations set (2) Except as otherwise provided, the same (A) For the current year and each subse- forth in that report. This order shall be ef- percentage sequestration shall apply to all quent year through 2014; the applicable dis- fective on issuance. programs, projects, and activities within a cretionary spending limits. (c) ESTIMATES.— budget account (with programs, projects, and (B) For the current year, if applicable, and (1) CBO ESTIMATES.—As soon as practicable activities as delineated in the appropriation the budget year; the new budget authority after Congress completes action on any legis- Act or accompanying report for the relevant and the breach, if any. lation providing discretionary appropria- fiscal year covering that account). (C) The sequestration percentages nec- tions, CBO shall provide an estimate to OMB (3) Administrative regulations or similar essary to eliminate the breach. of that legislation. actions implementing a sequestration shall (D) For the budget year, for each account (2) OMB ESTIMATES.—Not later than 7 cal- be made within 120 days of the sequestration to be sequestered, the level of enacted, endar days (excluding Saturdays, Sundays, order. To the extent that formula allocations sequesterable budget authority and resulting and legal holidays) after the date of enact- differ at different levels of budgetary re- estimated outlays flowing therefrom. ment of any discretionary appropriations, sources within an account, program, project, (3) EXPLANATION OF DIFFERENCES.—The OMB shall transmit a report to the Senate or activity, the sequestration shall be inter- OMB report shall explain— and to the House of Representatives con- preted as producing a lower total appropria- (A) any differences between OMB and CBO taining— tion, with the remaining amount of the ap- estimates for the amount of any breach and (A) the CBO estimate of that legislation; propriation being obligated in a manner con- for any required discretionary sequestration (B) an OMB estimate of that legislation sistent with program allocation formulas in percentages; and using current economic and technical as- substantive law. (B) differences in the amount of sumptions; and (4) Except as otherwise provided in this sequesterable resources for any budget ac- (C) an explanation of any difference be- part, obligations or budgetary resources in count to be reduced if such difference is tween the 2 estimates. sequestered accounts shall be reduced only greater than $5,000,000. (3) DIFFERENCES.—If during the preparation in the fiscal year in which a sequester oc- (d) ECONOMIC AND TECHNICAL ASSUMP- of the report under paragraph (2), OMB de- curs. TIONS.—In all reports required by this sec- termines that there is a difference between (5) Budgetary resources sequestered in spe- tion, OMB shall use the same economic and the OMB and CBO estimates, OMB shall con- cial fund accounts and offsetting collections technical assumptions as used in the most sult with the Committees on the Budget of sequestered in appropriation accounts shall recent budget submitted by the President the House of Representatives and the Senate not be available for obligation during the fis- under section 1105(a) of title 31, United regarding that difference and that consulta- cal year in which the sequestration occurs, States Code. tion, to the extent practicable, shall include but shall be available in subsequent years to SEC. l222. LIMITS. written communication to such committees the extent otherwise provided in law. (a) DISCRETIONARY SPENDING LIMITS.—As that affords such committees the oppor- (d) SUBMISSION AND AVAILABILITY OF RE- used in this title, the term ‘‘non-security tunity to comment before the issuance of PORTS.—Each report required by this section discretionary spending limit’’ shall have the that report. shall be submitted, in the case of CBO, to the same meaning as in section 316 of the Con- (4) ASSUMPTIONS AND GUIDELINES.—OMB House of Representatives, the Senate, and gressional Budget Act of 1974. and CBO shall prepare estimates under this OMB and, in the case of OMB, to the House (b) ENFORCEMENT.— paragraph in conformance with scorekeeping of Representatives, the Senate, and the (1) SEQUESTRATION.—On the date specified guidelines determined after consultation President on the day it is issued. On the fol- in section 212(a), there shall be a sequestra- among the House and Senate Committees on lowing day a notice of the report shall be tion to eliminate a budget-year breach. the Budget, CBO, and OMB. printed in the Federal Register. (2) ELIMINATING A BREACH.—Each non-secu- PART II—NON-SECURITY DISCRETIONARY rity discretionary account shall be reduced SPENDING LIMITS by a dollar amount calculated by multi- SA 4315. Mr. SESSIONS (for himself plying the enacted level of budget authority SEC. l221. DISCRETIONARY SEQUESTRATION RE- and Mrs. MCCASKILL) submitted an PORTS. for that year in that account at that time by (a) DISCRETIONARY SEQUESTRATION PREVIEW the uniform percentage necessary to elimi- amendment intended to be proposed by REPORTS.— nate a breach of the discretionary spending him to the bill H.R. 4213, to amend the (1) REPORTING REQUIREMENT.—On the dates limit. Internal Revenue Code of 1986 to extend specified in section 212(a), OMB shall report (3) PART-YEAR APPROPRIATIONS.—If, on the certain expiring provisions, and for to the President and Congress and CBO shall date the report is issued under paragraph (1), other purposes; which was ordered to report to Congress a Discretionary Seques- there is in effect an Act making continuing lie on the table; as follows: tration Preview Report regarding discre- appropriations for part of a fiscal year for tionary sequestration based on laws enacted any budget account, then the dollar seques- At the end of the amendment, insert the through those dates. tration calculated for that account under following: (2) DISCRETIONARY.—The Discretionary Se- paragraph (2) shall be subtracted from— SEC. lll. DISCRETIONARY SPENDING LIMITS. questration Preview Report shall set forth (A) the annualized amount otherwise avail- estimates for the current year and each sub- able by law in that account under that or a (a) POINT OF ORDER.—It shall not be in sequent year through 2014 of the applicable subsequent part-year appropriation; and order in the House of Representatives or the discretionary spending limits and a projec- (B) when a full-year appropriation for that Senate to consider any bill, joint resolution, tion of budget authority exceeding discre- account is enacted, from the amount other- amendment, or conference report that in- tionary limits subject to sequester. wise provided by the full-year appropriation. cludes any provision that would cause the (3) EXPLANATION OF DIFFERENCES.—The (4) LOOK-BACK.—If, after June 30, an appro- discretionary spending limits as set forth in OMB reports shall explain the differences be- priation for the fiscal year in progress is en- this section to be exceeded.

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(b) LIMITS.—In this section, the term ‘‘dis- (C) CONTINUING DISABILITY REVIEWS AND SSI tions for discretionary accounts that Con- cretionary spending limits’’ has the fol- REDETERMINATIONS.— gress designates as an emergency require- lowing meaning subject to adjustments in (i) IN GENERAL.—If a bill or joint resolution ment in such measure, the amounts of new subsection (c): is reported making appropriations for fiscal budget authority, outlays, and receipts in all (1) For fiscal year 2011— year 2011, 2012, or 2013 that includes the fiscal years resulting from that provision (A) for the defense category (budget func- amount described in clause (ii)(I), plus an ad- shall be treated as an emergency require- tion 050), $564,293,000,000 in budget authority; ditional amount for Continuing Disability ment for the purpose of this subsection. and Reviews and Supplemental Security Income (2) EXEMPTION OF EMERGENCY PROVISIONS.— (B) for the nondefense category, Redeterminations for the Social Security Any new budget authority, outlays, and re- $540,116,000,000 in budget authority. Administration described in clause (ii)(II), ceipts resulting from any provision des- (2) For fiscal year 2012— the adjustment for purposes of paragraph (1) ignated as an emergency requirement, pursu- (A) for the defense category (budget func- shall be the amount of budget authority in ant to this subsection, in any bill, joint reso- tion 050), $573,612,000,000 in budget authority; that measure for that initiative not exceed- lution, amendment, or conference report and ing the amount specified in clause (ii)(II) for shall not count for purposes of this section, (B) for the nondefense category, that fiscal year. sections 302 and 311 of this Act, section 201 of $543,790,000,000 in budget authority. (ii) AMOUNTS.—The amounts referred to in S. Con. Res. 21 (110th Congress) (relating to (3) For fiscal year 2013— clause (i) are as follows: pay-as-you-go), section 311 of S. Con. Res. 70 (A) for the defense category (budget func- (I) For fiscal year 2011, $276,000,000, for fis- (110th Congress) (relating to long-term defi- tion 050), $584,421,000,000 in budget authority; cal year 2012, $278,000,000, and for fiscal year cits), and section 404 of S. Con. Res. 13 (111th and 2013, $281,000,000. Congress). (B) for the nondefense category, (II) For fiscal year 2011, $490,000,000; for fis- (3) DESIGNATIONS.—If a provision of legisla- $551,498,000,000 in budget authority. cal year 2012, and $495,000,000; for fiscal year tion is designated as an emergency require- (4) With respect to fiscal years following 2013, $500,000,000. ment under this subsection, the committee 2013, the President shall recommend and the (iii) ASSET VERIFICATION.— report and any statement of managers ac- Congress shall consider legislation setting (I) IN GENERAL.—The additional appropria- limits for those fiscal years. tion permitted under clause (ii)(II) may also companying that legislation shall include an (c) ADJUSTMENTS.— provide that a portion of that amount, not to explanation of the manner in which the pro- (1) IN GENERAL.—After the reporting of a exceed the amount specified in subclause (II) vision meets the criteria in paragraph (6). bill or joint resolution relating to any mat- for that fiscal year instead may be used for (4) DEFINITIONS.—In this subsection, the ter described in paragraph (2), or the offering asset verification for Supplemental Security terms ‘‘direct spending’’, ‘‘receipts’’, and of an amendment thereto or the submission Income recipients, but only if, and to the ex- ‘‘appropriations for discretionary accounts’’ of a conference report thereon— tent that the Office of the Chief Actuary es- mean any provision of a bill, joint resolu- (A) the Chairman of the Senate Committee timates that the initiative would be at least tion, amendment, motion, or conference re- on the Budget may adjust the discretionary as cost effective as the redeterminations of port that affects direct spending, receipts, or spending limits, the budgetary aggregates in eligibility described in this subparagraph. appropriations as those terms have been de- the concurrent resolution on the budget (II) AMOUNTS.—For fiscal year 2011, fined and interpreted for purposes of the Bal- most recently adopted by the Senate and the $34,340,000, for fiscal year 2012, $34,683,000, and anced Budget and Emergency Deficit Control House of Representatives, and allocations for fiscal year 2013, $35,030,000. Act of 1985. pursuant to section 302(a) of the Congres- (D) HEALTH CARE FRAUD AND ABUSE.— (5) POINT OF ORDER.— sional Budget Act of 1974, by the amount of (i) IN GENERAL.—If a bill or joint resolution (A) IN GENERAL.—When the Senate is con- new budget authority in that measure for is reported making appropriations for fiscal sidering a bill, resolution, amendment, mo- that purpose and the outlays flowing there year 2011, 2012, or 2013 that includes the tion, or conference report, if a point of order from; and amount described in clause (ii) for the is made by a Senator against an emergency (B) following any adjustment under sub- Health Care Fraud and Abuse Control pro- designation in that measure, that provision paragraph (A), the Senate Committee on Ap- gram at the Department of Health & Human making such a designation shall be stricken propriations may report appropriately re- Services for that fiscal year, the adjustment from the measure and may not be offered as vised suballocations pursuant to section for purposes of paragraph (1) shall be the an amendment from the floor. 302(b) of the Congressional Budget Act of 1974 amount of budget authority in that measure (B) SUPERMAJORITY WAIVER AND APPEALS.— to carry out this subsection. for that initiative but not to exceed the (i) WAIVER.—Subparagraph (A) may be (2) MATTERS DESCRIBED.—Matters referred amount described in clause (ii). waived or suspended in the Senate only by to in paragraph (1) are as follows: (ii) AMOUNT.—The amount referred to in an affirmative vote of three-fifths of the (A) OVERSEAS DEPLOYMENTS AND OTHER AC- clause (i) is for fiscal year 2011, $314,000,000, Members, duly chosen and sworn. TIVITIES.—If a bill or joint resolution is re- for fiscal year 2012, $317,000,000, and for fiscal (ii) APPEALS.—Appeals in the Senate from ported making appropriations for fiscal year year 2013, $320,000,000. the decisions of the Chair relating to any 2011, 2012, or 2013, that provides funding for (E) UNEMPLOYMENT INSURANCE IMPROPER provision of this paragraph shall be limited overseas deployments and other activities, PAYMENT REVIEWS.—If a bill or joint resolu- to 1 hour, to be equally divided between, and the adjustment for purposes paragraph (1) tion is reported making appropriations for controlled by, the appellant and the manager shall be the amount of budget authority in fiscal year 2011, 2012, or 2013 that includes of the bill or joint resolution, as the case that measure for that purpose but not to ex- $10,000,000, plus an additional amount for in- may be. An affirmative vote of three-fifths of ceed— person reemployment and eligibility assess- the Members of the Senate, duly chosen and (i) with respect to fiscal year 2011, ments and unemployment improper payment sworn, shall be required to sustain an appeal $50,000,000,000 in new budget authority; reviews for the Department of Labor, the ad- of the ruling of the Chair on a point of order (ii) with respect to fiscal year 2012, justment for purposes paragraph (1) shall be raised under this paragraph. $50,000,000,000 in new budget authority; and the amount of budget authority in that (C) DEFINITION OF AN EMERGENCY DESIGNA- (iii) with respect to fiscal year 2013, measure for that initiative but not to ex- TION.—For purposes of subparagraph (A), a $50,000,000,000 in new budget authority. ceed— provision shall be considered an emergency (B) INTERNAL REVENUE SERVICE TAX EN- (i) with respect to fiscal year 2011, designation if it designates any item as an FORCEMENT.— $51,000,000 in new budget authority; emergency requirement pursuant to this (i) IN GENERAL.—If a bill or joint resolution (ii) with respect to fiscal year 2012, paragraph. is reported making appropriations for fiscal $51,000,000 in new budget authority; and (D) FORM OF THE POINT OF ORDER.—A point year 2011, 2012, or 2013, that includes the (iii) with respect to fiscal year 2013, of order under subparagraph (A) may be amount described in clause (ii)(I), plus an ad- $52,000,000 in new budget authority. raised by a Senator as provided in section ditional amount for enhanced tax enforce- (F) LOW-INCOME HOME ENERGY ASSISTANCE 313(e) of the Congressional Budget Act of ment to address the Federal tax gap (taxes PROGRAM (LIHEAP).—If a bill or joint resolu- 1974. owed but not paid) described in clause tion is reported making appropriations for (E) CONFERENCE REPORTS.—When the Sen- (ii)(II), the adjustment for purposes of para- fiscal year 2011, 2012, or 2013 that includes ate is considering a conference report on, or graph (1) shall be the amount of budget au- $3,200,000,000 in funding for the Low-Income an amendment between the Houses in rela- thority in that measure for that initiative Home Energy Assistance Program and pro- tion to, a bill, upon a point of order being not exceeding the amount specified in clause vides an additional amount up to made by any Senator pursuant to this para- (ii)(II) for that fiscal year. $1,900,000,000 for that program, the adjust- graph, and such point of order being sus- (ii) AMOUNTS.—The amounts referred to in ment for purposes of paragraph (1) shall be tained, such material contained in such con- clause (i) are as follows: the amount of budget authority in that ference report shall be deemed stricken, and (I) For fiscal year 2011, $7,171,000,000, for measure for that initiative but not to exceed the Senate shall proceed to consider the fiscal year 2012, $7,243,000,000, and for fiscal $1,900,000,000. question of whether the Senate shall recede year 2013, $7,315,000,000. (d) EMERGENCY SPENDING.— from its amendment and concur with a fur- (II) For fiscal year 2011, $899,000,000, for fis- (1) AUTHORITY TO DESIGNATE.—In the Sen- ther amendment, or concur in the House cal year 2012, and $908,000,000, for fiscal year ate, with respect to a provision of direct amendment with a further amendment, as 2013, $917,000,000. spending or receipts legislation or appropria- the case may be, which further amendment

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4704 CONGRESSIONAL RECORD — SENATE June 8, 2010 shall consist of only that portion of the con- to amendment SA 4301 proposed by Mr. between the Secretary and the manufacturer ference report or House amendment, as the BAUCUS to the bill H.R. 4213, to amend under this subsection. case may be, not so stricken. Any such mo- the Internal Revenue Code of 1986 to ‘‘(E) MAINTENANCE OF RECORDS.— tion in the Senate shall be debatable. In any extend certain expiring provisions, and ‘‘(i) IN GENERAL.—A covered entity shall es- case in which such point of order is sustained tablish and maintain an effective record- against a conference report (or Senate for other purposes; which was ordered keeping system to comply with this section amendment derived from such conference re- to lie on the table; as follows: and shall certify to the Secretary that such port by operation of this subsection), no fur- Beginning on page 255, strike line 14 and entity is in compliance with subparagraphs ther amendment shall be in order. all that follows through line 2 on page 275 (A) and (B). The Secretary shall require that (6) CRITERIA.— and insert the following: hospitals that purchase covered inpatient (A) IN GENERAL.—For purposes of this sub- ‘‘(i) IN GENERAL.—A covered entity shall drugs for inpatient dispensing or administra- section, any provision is an emergency re- not request payment under title XIX of the tion under this subsection appropriately seg- quirement if the situation addressed by such Social Security Act for medical assistance regate inventory of such covered inpatient provision is— described in section 1905(a)(12) of such Act drugs, either physically or electronically, (i) necessary, essential, or vital (not mere- with respect to a covered inpatient drug that from drugs for outpatient use, as well as ly useful or beneficial); is subject to an agreement under this section from drugs for inpatient dispensing or ad- (ii) sudden, quickly coming into being, and if the drug is subject to the payment of a re- ministration to individuals who have (for not building up over time; bate to the State under section 1927 of such purposes of subparagraph (B)) health plan (iii) an urgent, pressing, and compelling Act. coverage described in clause (ii) of such sub- need requiring immediate action; ‘‘(ii) ESTABLISHMENT OF MECHANISM.—The paragraph. (iv) subject to clause (ii), unforeseen, un- Secretary shall establish a mechanism to en- ‘‘(ii) CERTIFICATION OF NO THIRD-PARTY predictable, and unanticipated; and sure that covered entities comply with PAYER.—A covered entity shall maintain (v) not permanent, temporary in nature. clause (i). If the Secretary does not establish records that contain certification by the cov- (7) UNFORESEEN.—An emergency that is a mechanism under the previous sentence ered entity that no third party payment was part of an aggregate level of anticipated within 12 months of the enactment of this received for any covered inpatient drug that emergencies, particularly when normally es- section, the requirements of section is subject to an agreement under this sub- timated in advance, is not unforeseen. 1927(a)(5)(C) of the Social Security Act shall section and that was dispensed to an inpa- (e) LIMITATIONS ON CHANGES TO EXEMP- apply. tient. TIONS.—It shall not be in order in the Senate ‘‘(iii) PROHIBITING DISCLOSURE TO GROUP ‘‘(5) TREATMENT OF DISTINCT UNITS OF HOS- PITALS or the House of Representatives to consider PURCHASING ORGANIZATIONS.—In the event .—In the case of a covered entity that any bill, resolution, amendment, or con- that a covered entity is a member of a group is a distinct part of a hospital, the distinct ference report that would exempt any new purchasing organization, such entity shall part of the hospital shall not be considered a budget authority, outlays, and receipts from not disclose the price or any other informa- covered entity under this subsection unless being counted for purposes of this section. tion pertaining to any purchases under this the hospital is otherwise a covered entity under this subsection. (f) POINT OF ORDER IN THE SENATE.— section directly or indirectly to such group ‘‘(6) NOTICE TO MANUFACTURERS.—The Sec- (1) WAIVER.—The provisions of subsections purchasing organization. retary shall notify manufacturers of covered (a) and (e) of this section shall be waived or ‘‘(B) PROHIBITING RESALE, DISPENSING, OR inpatient drugs and single State agencies suspended in the Senate only— ADMINISTRATION OF DRUGS EXCEPT TO CERTAIN under section 1902(a)(5) of the Social Secu- (A) by the affirmative vote of two-thirds of PATIENTS.—With respect to any covered inpa- rity Act of the identities of covered entities the Members, duly chosen and sworn; or tient drug that is subject to an agreement under this subsection, and of entities that no (B) in the case of the defense budget au- under this subsection, a covered entity shall longer meet the requirements of paragraph thority, if Congress declares war or author- not dispense, administer, resell, or otherwise (4), by means of timely updates of the Inter- izes the use of force. transfer the covered inpatient drug to a per- net website supported by the Department of (2) APPEAL.—Appeals in the Senate from son unless— Health and Human Services relating to this the decisions of the Chair relating to any ‘‘(i) such person is an inpatient of the enti- section. provision of this section shall be limited to 1 ty; and ‘‘(7) NO PROHIBITION ON LARGER DISCOUNT.— hour, to be equally divided between, and con- ‘‘(ii) such person does not have health plan Nothing in this subsection shall prohibit a trolled by, the appellant and the manager of coverage (as defined in subsection (c)(3)) that manufacturer from charging a price for a the measure. An affirmative vote of two- provides prescription drug coverage in the drug that is lower than the maximum price thirds of the Members of the Senate, duly inpatient setting with respect to such cov- that may be charged under paragraph (1). chosen and sworn, shall be required to sus- ered inpatient drug. ‘‘(b) COVERED ENTITY DEFINED.—In this sec- tain an appeal of the ruling of the Chair on For purposes of clause (ii), a person shall be tion, the term ‘covered entity’ means an en- a point of order raised under this section. treated as having health plan coverage (as tity that meets the requirements described (g) LIMITATIONS ON CHANGES TO THIS SEC- defined in subsection (c)(3)) with respect to a in subsection (a)(4) that has applied for and TION.—It shall not be in order in the Senate covered inpatient drug if benefits are not enrolled in the program described under this or the House of Representatives to consider payable under such coverage with respect to section and is one of the following: any bill, resolution, amendment, or con- such drug for reasons such as the application ‘‘(1) A subsection (d) hospital (as defined in ference report that would repeal or otherwise of a deductible or cost sharing or the use of section 1886(d)(1)(B) of the Social Security change this section. utilization management. Act) that— ‘‘(C) AUDITING.—A covered entity shall per- ‘‘(A) is owned or operated by a unit of SA 4316. Mr. BINGAMAN submitted mit the Secretary and the manufacturer of a State or local government, is a public or pri- an amendment intended to be proposed covered inpatient drug that is subject to an vate non-profit corporation which is for- to amendment SA 4301 proposed by Mr. agreement under this subsection with the en- mally granted governmental powers by a BAUCUS to the bill H.R. 4213, to amend tity (acting in accordance with procedures unit of State or local government, or is a pri- the Internal Revenue Code of 1986 to established by the Secretary relating to the vate nonprofit hospital which has a contract extend certain expiring provisions, and number, duration, and scope of audits) to with a State or local government to provide for other purposes; which was ordered audit at the Secretary’s or the manufactur- health care services to low income individ- er’s expense the records of the entity that di- uals who are not entitled to benefits under to lie on the table; as follows: rectly pertain to the entity’s compliance title XVIII of the Social Security Act or eli- On page 255, line 18, strike ‘‘a drug’’ and in- with the requirements described in subpara- gible for assistance under the State plan for sert ‘‘a covered inpatient drug’’. graph (A) or (B) with respect to drugs of the medical assistance under title XIX of such On page 256, line 24, strike ‘‘a patient’’ and manufacturer. The use or disclosure of infor- Act; and insert ‘‘an inpatient’’. mation for performance of such an audit ‘‘(B) for the most recent cost reporting pe- On page 260, line 17, after ‘‘subsection shall be treated as a use or disclosure re- riod that ended before the calendar quarter (a)(4)’’ insert the following: ‘‘that has applied quired by law for purposes of section involved, had a disproportionate share ad- for and enrolled in the program described 164.512(a) of title 45, Code of Federal Regula- justment percentage (as determined using under this section’’. tions. the methodology under section 1886(d)(5)(F) On page 261, line 15, strike ‘‘20.20’’ and in- ‘‘(D) ADDITIONAL SANCTION FOR NONCOMPLI- of the Social Security Act as in effect on the sert ‘‘11.75’’. ANCE.—If the Secretary finds, after notice date of enactment of this section) greater On page 275, strike line 2 and insert the fol- and hearing, that a covered entity is in vio- than 11.75 percent or was described in section lowing: each succeeding fiscal year. lation of a requirement described in subpara- 1886(d)(5)(F)(i)(II) of such Act (as so in effect ‘‘(g) EFFECT OF SECTION.—Nothing in this graph (A) or (B), the covered entity shall be on the date of enactment of this section). section shall be construed to apply to section liable to the manufacturer of the covered in- ‘‘(2) A children’s hospital excluded from 340B.’’. patient drug that is the subject of the viola- the Medicare prospective payment system tion in an amount equal to the reduction in pursuant to section 1886(d)(1)(B)(iii) of the SA 4317. Mr. BINGAMAN submitted the price of the drug (as described in sub- Social Security Act that would meet the re- an amendment intended to be proposed paragraph (A)) provided under the agreement quirements of paragraph (1), including the

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4705 disproportionate share adjustment percent- mental plan, or a collectively bargained ‘‘(vi) The establishment of a requirement age requirement under subparagraph (B) of plan); that manufacturers and wholesalers use the such paragraph, if the hospital were a sub- ‘‘(C) coverage under a Federal health care identification system developed by the Sec- section (d) hospital as defined by section program (as defined by section 1128B(f) of the retary for purposes of facilitating the order- 1886(d)(1)(B) of the Social Security Act. Social Security Act); or ing, purchasing, and delivery of covered in- ‘‘(3) A free-standing cancer hospital ex- ‘‘(D) such other health benefits coverage as patient drugs under this section, including cluded from the Medicare prospective pay- the Secretary recognizes for purposes of this the processing of chargebacks for such drugs. ment system pursuant to section section. ‘‘(vii) The imposition of sanctions in the 1886(d)(1)(B)(v) of the Social Security Act ‘‘(4) MANUFACTURER.—The term ‘manufac- form of civil monetary penalties, which— that would meet the requirements of para- turer’ has the meaning given such term in ‘‘(I) shall be assessed according to stand- graph (1), including the disproportionate section 1927(k) of the Social Security Act. ards and procedures established in regula- share adjustment percentage requirement ‘‘(d) PROGRAM INTEGRITY.— tions to be promulgated by the Secretary not under subparagraph (B) of such paragraph, if ‘‘(1) MANUFACTURER COMPLIANCE.— later than January 1, 2011; the hospital were a subsection (d) hospital as ‘‘(A) IN GENERAL.—From amounts appro- ‘‘(II) shall not exceed $10,000 per single dos- priated under subsection (f), the Secretary defined by section 1886(d)(1)(B) of the Social age form of a covered inpatient drug pur- shall provide for improvements in compli- Security Act. chased by a covered entity where a manufac- ance by manufacturers with the require- ‘‘(4) An entity that is a critical access hos- turer knowingly charges such covered entity ments of this section in order to prevent pital (as determined under section 1820(c)(2) a price for such drug that exceeds the ceiling overcharges and other violations of the dis- of the Social Security Act), and that meets price under subsection (a)(1); and the requirements of paragraph (1)(A). counted pricing requirements specified in this section. ‘‘(III) shall not exceed $100,000 for each in- ‘‘(5) An entity that is a rural referral cen- stance where a manufacturer withholds or ter, as defined by section 1886(d)(5)(C)(i) of ‘‘(B) IMPROVEMENTS.—The improvements described in subparagraph (A) shall include provides materially false information to the the Social Security Act, or a sole commu- Secretary or to covered entities under this nity hospital, as defined by section the following: ‘‘(i) The establishment of a process to en- section or knowingly violates any provision 1886(d)(5)(C)(iii) of such Act, and that both of this section (other than subsection (a)(1)). meets the requirements of paragraph (1)(A) able the Secretary to verify the accuracy of ceiling prices calculated by manufacturers ‘‘(2) COVERED ENTITY COMPLIANCE.— and has a disproportionate share adjustment ‘‘(A) IN GENERAL.—From amounts appro- percentage equal to or greater than 8 per- under subsection (a)(1) and charged to covered entities, which shall include the fol- priated under subsection (f), the Secretary cent. lowing: shall provide for improvements in compli- ‘‘(c) OTHER DEFINITIONS.—In this section: ‘‘(I) Developing and publishing through an ance by covered entities with the require- ‘‘(1) AVERAGE MANUFACTURER PRICE.— appropriate policy or regulatory issuance, ments of this section in order to prevent di- ‘‘(A) IN GENERAL.—The term ‘average man- precisely defined standards and methodology version and violations of the duplicate dis- ufacturer price’— for the calculation of ceiling prices under count provision and other requirements spec- ‘‘(i) has the meaning given such term in such subsection. ified under subsection (a)(4). section 1927(k) of the Social Security Act, ‘‘(II) Comparing regularly the ceiling ‘‘(B) IMPROVEMENTS.—The improvements except that such term shall be applied under prices calculated by the Secretary with the described in subparagraph (A) shall include this section with respect to covered inpa- quarterly pricing data that is reported by the following: tient drugs in the same manner (as applica- manufacturers to the Secretary. ‘‘(i) The development of procedures to en- ble) as such term is applied under such sec- ‘‘(III) Conducting periodic monitoring of able and require covered entities to update tion 1927(k) with respect to covered out- sales transactions by covered entities. at least annually the information on the patient drugs (as defined in such section); ‘‘(IV) Inquiring into any discrepancies be- Internet website supported by the Depart- and tween ceiling prices and manufacturer pric- ment of Health and Human Services relating ‘‘(ii) with respect to a covered inpatient ing data that may be identified and taking, to this section. drug for which there is no average manufac- or requiring manufacturers to take, correc- ‘‘(ii) The development of procedures for the turer price (as defined in clause (i)), shall be tive action in response to such discrepancies, Secretary to verify the accuracy of informa- the amount determined under regulations including the issuance of refunds pursuant to tion regarding covered entities that is listed promulgated by the Secretary under sub- the procedures set forth in clause (ii). on the website described in clause (i). paragraph (B). ‘‘(ii) The establishment of procedures for ‘‘(iii) The development of more detailed ‘‘(B) RULEMAKING.—The Secretary shall by manufacturers to issue refunds to covered guidance describing methodologies and op- regulation, in consultation with the Admin- entities in the event that there is an over- tions available to covered entities for billing istrator of the Centers for Medicare & Med- charge by the manufacturers, including the covered inpatient drugs to State Medicaid icaid Services, establish a method for deter- following: agencies in a manner that avoids duplicate mining the average manufacturer price for ‘‘(I) Providing the Secretary with an expla- discounts pursuant to subsection (a)(4)(A). covered inpatient drugs for which there is no nation of why and how the overcharge oc- ‘‘(iv) The establishment of a single, uni- average manufacturer price (as defined in curred, how the refunds will be calculated, versal, and standardized identification sys- subparagraph (A)(i)). Regulations promul- and to whom the refunds will be issued. tem by which each covered entity site and gated with respect to covered inpatient ‘‘(II) Oversight by the Secretary to ensure each covered entity’s purchasing status drugs under the preceding sentence shall pro- that the refunds are issued accurately and under sections 340B and this section can be vide for the application of methods for deter- within a reasonable period of time. identified by manufacturers, distributors, mining the average manufacturer price that ‘‘(iii) The provision of access through the covered entities, and the Secretary for pur- are the same as the methods used to deter- Internet website supported by the Depart- poses of facilitating the ordering, pur- mine such price in calculating rebates re- ment of Health and Human Services to the chasing, and delivery of covered inpatient quired for such drugs under an agreement be- applicable ceiling prices for covered inpa- drugs under this section, including the proc- tween a manufacturer and a State that satis- tient drugs as calculated and verified by the essing of chargebacks for such drugs. fies the requirements of section 1927(b) of the Secretary in accordance with this section, in ‘‘(v) The imposition of sanctions in the Social Security Act, as applicable. a manner (such as through the use of pass- form of civil monetary penalties, which— ‘‘(2) COVERED INPATIENT DRUG.—The term word protection) that limits such access to ‘‘(I) shall be assessed according to stand- ‘covered inpatient drug’ means a drug— covered entities and adequately assures secu- ards and procedures established in regula- ‘‘(A) that is described in section 1927(k)(2) rity and protection of privileged pricing data tions promulgated by the Secretary; and of the Social Security Act; from unauthorized re-disclosure. ‘‘(II) shall not exceed $10,000 for each in- ‘‘(B) that, notwithstanding paragraph ‘‘(iv) The development of a mechanism by stance where a covered entity knowingly (3)(A) of section 1927(k) of such Act, is used which— violates subsection (a)(4)(B) or knowingly in connection with an inpatient service pro- ‘‘(I) rebates, discounts, or other price con- violates any other provision of this section. vided by a covered entity that is enrolled to cessions provided by manufacturers to other ‘‘(vi) The termination of a covered entity’s participate in the drug discount program purchasers subsequent to the sale of covered participation in the program under this sec- under this section; and inpatient drugs to covered entities are re- tion, for a period of time to be determined by ‘‘(C) that is not purchased by the covered ported to the Secretary; and the Secretary, in cases in which the Sec- entity through or under contract with a ‘‘(II) appropriate credits and refunds are retary determines, in accordance with stand- group purchasing organization. issued to covered entities if such discounts, ards and procedures established by regula- ‘‘(3) HEALTH PLAN COVERAGE.—The term rebates, or other price concessions have the tion, that— ‘health plan coverage’ means— effect of lowering the applicable ceiling price ‘‘(I) the violation by a covered entity of a ‘‘(A) health insurance coverage (as defined for the relevant quarter for the drugs in- requirement of this section was repeated and in section 2791, and including coverage under volved. knowing; and a State health benefits risk pool); ‘‘(v) Selective auditing of manufacturers ‘‘(II) imposition of a monetary penalty ‘‘(B) coverage under a group health plan and wholesalers to ensure the integrity of would be insufficient to reasonably ensure (as defined in such section, and including the drug discount program under this sec- compliance with the requirements of this coverage under a church plan, a govern- tion. section.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S4706 CONGRESSIONAL RECORD — SENATE June 8, 2010 ‘‘(vii) The referral of matters, as appro- Coquille Indian Tribe, the Confederated allowed on the Senate floor for the du- priate, to the Food and Drug Administra- Tribes of Siletz Indians, the Confed- ration of the debate on the tax extend- tion, the Office of the Inspector General of erated Tribes of the Coos, Lower Ump- ers legislation: Logan Timmerhoff, the Department of Health and Human Serv- qua, and Siuslaw, the Klamath Tribes, Kathryn Spika, Logan Baker, Ben- ices, or other Federal or State agencies. ‘‘(3) ADMINISTRATIVE DISPUTE RESOLUTION and the Burns Paiute Tribe to obtain jamin Furnas, John Merrick, Andrew PROCESS.—From amounts appropriated under 99-year lease authority for trust land. Fishburn, Mary Baker, Emily Free- subsection (f), the Secretary may establish Those wishing additional information man, Drew Colling, Ellen Montz, Randy and implement an administrative process for may contact the Indian Affairs Com- Aussenberg, and Jenn Rigger. the resolution of the following: mittee at 202–224–2251. The PRESIDING OFFICER. Without ‘‘(A) Claims by covered entities that manu- f objection, it is so ordered. facturers have violated the terms of their Mr. BAUCUS. Mr. President, I ask AUTHORITY FOR COMMITTEES TO agreement with the Secretary under sub- unanimous consent that the following section (a)(1). MEET ‘‘(B) Claims by manufacturers that covered staff of the Finance Committee be al- entities have violated subsection (a)(4)(A) or COMMITTEE ON FOREIGN RELATIONS lowed on the Senate floor for the dura- (a)(4)(B). Mr. CARDIN. Mr. President, I ask tion of the debate on the tax extenders ‘‘(e) AUDIT AND SANCTIONS.— unanimous consent that the Com- legislation: Greg Sullivan, Nicole ‘‘(1) AUDIT.—From amounts appropriated mittee on Foreign Relations be author- Marchman, Chris Goble, and Claire under subsection (f), the Inspector General of ized to meet during the session of the Green. the Department of Health and Human Serv- Senate on June 8, 2010, at 10 a.m., to The PRESIDING OFFICER. Without ices (referred to in this subsection as the ‘In- hold a hearing entitled ‘‘The New spector General’) shall audit covered entities objection, it is so ordered. START Treaty (Treaty Doc. 111–5): The under this section to verify compliance with f criteria for eligibility and participation Negotiations.’’ The PRESIDING OFFICER. Without under this section, including the DIRECTION TO DISCHARGE S.J. antidiversion prohibitions under subsection objection, it is so ordered. RES. 26 (a)(4)(B), and take enforcement action or COMMITTEE ON HEALTH, EDUCATION, LABOR, provide information to the Secretary who AND PENSIONS We, the undersigned Senators, in ac- shall take action to ensure program compli- Mr. CARDIN. Mr. President, I ask cordance with chapter 8 of title 5, ance, as appropriate. A covered entity shall United States Code, hereby direct that provide to the Inspector General, upon re- unanimous consent that the Com- mittee on Health, Education, Labor, the Senate Committee on Environment quest, records relevant to such audits. and Public Works be discharged of fur- ‘‘(2) REPORT.—For each audit conducted and Pensions be authorized to meet, under paragraph (1), the Inspector General during the session of the Senate, to ther consideration of S.J. Res. 26, a res- shall prepare and publish in a timely manner conduct a hearing entitled ‘‘The State olution on providing for congressional a report which shall include findings and rec- of the American Child’’ on June 8, 2010. disapproval of a rule submitted by the ommendations regarding— The hearing will commence at 10 a.m. Environmental Protection Agency re- ‘‘(A) the appropriateness of covered entity in room 430 of the Dirksen Senate Of- lating to the endangement finding and eligibility determinations and, as applicable, the cause or contribute findings for certifications; fice Building. The PRESIDING OFFICER. Without greenhouse gases under section 202(a) ‘‘(B) the effectiveness of antidiversion proof the Clean Air Act, and, further, that hibitions; and objection, it is so ordered. the resolution be immediately placed ‘‘(C) the effectiveness of restrictions on in- COMMITTEE ON THE JUDICIARY upon the Legislative Calendar under patient dispensing and administration. Mr. CARDIN. Mr. President, I ask General Orders. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Com- There are authorized to be appropriated to mittee on the Judiciary be authorized Lisa Murkowski, Mitch McConnell, carry out this section such sums as may be Saxby Chambliss, E. Benjamin Nelson necessary for fiscal year 2011 and each suc- to meet during the session of the Sen- (NE), Kay Bailey Hutchison, Richard ceeding fiscal year. ate, on June 8, 2010, at 10 a.m., in room Burr, Jeff Sessions, Thad Cochran, ‘‘(g) EFFECT OF SECTION.—Nothing in this SD–226 of the Dirksen Senate Office Richard G. Lugar, George V. section shall be construed to apply to section Building, to conduct a hearing entitled Voinovich, Lamar Alexander, John 340B.’’. ‘‘The Risky Business of Big Oil: Have Cornyn, Blanche L. Lincoln, John f Recent Court Decisions and Liability Barrasso, Mary Landrieu, Chuck Brassley, John Thune, John McCain, NOTICE OF HEARING Caps Encouraged Irresponsible Cor- porate Behavior?’’ Lindsey Graham, Bob Corker, Jim COMMITTEE ON INDIAN AFFAIRS Bunning, Robert F. Bennett, James M. The PRESIDING OFFICER. Without Inhofe, John Ensign, Michael B. Enzi, Mr. DORGAN. Mr. President, I would objection, it is so ordered. like to announce that the Committee James E. Risch, Roger F. Wicker, Mike on Indian Affairs will meet on Thurs- SELECT COMMITTEE ON INTELLIGENCE Johanns, Tom Coburn, David Vitter, Mr. CARDIN. Mr. President, I ask George LeMieux, Jim DeMint, Orrin G. day, June 10, 2010, at 3 p.m. in room 628 Hatch, Johnny Isakson, Sam of the Dirksen Senate Office Building unanimous consent that the Select Committee on Intelligence be author- Brownback, Mike Crapo, Kit Bond, to conduct a business meeting on pend- Richard Shelby, Jon Kyl, Pat Roberts, ing committee issues. ized to meet during the session of the Judd Gregg. 1. Nomination of Tracie L. Stevens to Senate on June 8, 2010, at 2:30 p.m. serve as Chair of the National Indian The PRESIDING OFFICER. Without f Gaming Commission; objection, it is so ordered. ORDERS FOR WEDNESDAY, JUNE 9, 2. Nomination of JoAnn Balzer to NEAR EAST SUBCOMMITTEE 2010 serve as Member, Board of Trustees, In- Mr. CARDIN. Mr. President, I ask stitute of American Indian and Alaska unanimous consent that the Com- Mr. BAUCUS. Mr. President, I ask Native Culture and Arts Development; mittee on Foreign Relations be author- unanimous consent that when the Sen- 3. Nomination of Cynthia Chavez ized to meet during the session of the ate completes its business today, it ad- Lamar to serve as Member, Board of Senate on June 8, 2010, at 3 p.m., to journ until 10 a.m. tomorrow, Wednes- Trustees, Institute of American Indian hold a Near Eastern subcommittee day, June 9; that following the prayer and Alaska Native Culture and Arts hearing entitled ‘‘Assessing the and pledge, the Journal of proceedings Development; Strength of Hezbollah.’’ be approved to date, the morning hour 4. S. 2802, the Blackfoot River Land The PRESIDING OFFICER. Without be deemed expired, the time for the two Settlement Act of 2009; objection, it is so ordered. leaders be reserved for their use later 5. S. 2906, a bill to amend the Act of f in the day, and the Senate resume con- August 9, 1955, to modify a provision sideration of the House message with relating to leases involving certain In- PRIVILEGES OF THE FLOOR respect to H.R. 4213, the tax extenders dian tribes in Washington; and Mr. BAUCUS. Mr. President, I ask legislation. 6. S. 1448, a bill to amend the Act of unanimous consent that the following The PRESIDING OFFICER. Without August 9, 1955, to authorize the staff from the Finance Committee be objection, it is so ordered.

VerDate Mar 15 2010 03:24 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S08JN0.REC S08JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 8, 2010 CONGRESSIONAL RECORD — SENATE S4707 PROGRAM DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DISCHARGED NOMINATION OF AMERICA TO THE REPUBLIC OF LEBANON. Mr. BAUCUS. Mr. President, Sen- DANIEL BENNETT SMITH, OF VIRGINIA, A CAREER The Senate Committee on Finance MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF ators should expect rollcall votes in re- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- was discharged from further consider- lation to amendments to the tax ex- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ation of the following nomination pur- OF AMERICA TO GREECE. tenders legislation to occur throughout suant to Sec. 411(c) of P.L. 109–280 and NATIONAL SCIENCE FOUNDATION the day tomorrow. the nomination was placed on the Ex- SUBRA SURESH, OF MASSACHUSETTS, TO BE DIRECTOR ecutive Calendar on June 7, 2010: f OF THE NATIONAL SCIENCE FOUNDATION FOR A TERM OF SIX YEARS, VICE ARDEN BEMENT, JR., RESIGNED. *JOSHUA GOTBAUM, OF THE DISTRICT OF COLUMBIA, ADJOURNMENT UNTIL 10 A.M. NATIONAL OCEANIC AND ATMOSPHERIC TO BE DIRECTOR OF THE PENSION BENEFIT GUARANTY CORPORATION. TOMORROW ADMINISTRATION * Nominee has committed to respond Mr. BAUCUS. Mr. President, if there SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE to requests to appear and testify before is no further business to come before FOLLOWING FOR PERMANENT APPOINTMENT TO THE GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- any duly constituted committee of the the Senate, I ask unanimous consent MOSPHERIC ADMINISTRATION: Senate. that it adjourn under the previous To be captain order. DAVID A. SCORE f There being no objection, the Senate, RANDALL J. TEBEEST at 6:10 p.m., adjourned until Wednes- ANNE K. LYNCH ANITA L. LOPEZ WITHDRAWAL day, June 9, 2010, at 10 a.m. To be commander Executive Message transmitted by f KEITH W. ROBERTS RICHARD T. BRENNAN the President to the Senate on June 8, NOMINATIONS ADAM D. DUNBAR 2010 withdrawing from further Senate PETER C. FISCHEL Executive nominations received by JEREMY M. ADAMS consideration the following nomina- MICHAEL J. SILAH tion: the Senate: SCOTT M. SIROIS DEPARTMENT OF STATE MARK A. WETZLER PAUL STEVEN MILLER, OF WASHINGTON, TO BE A GOV- KURT A. ZEGOWITZ ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A MAURA CONNELLY, OF NEW JERSEY, A CAREER MEM- TIMOTHY J. GALLAGHER TERM EXPIRING DECEMBER 8, 2016, VICE CAROLYN L. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- NATHAN H. HANCOCK GALLAGHER, TERM EXPIRED, WHICH WAS SENT TO THE ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEMIAN A. BAILEY SENATE ON FEBRUARY 1, 2010.

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NATIONAL DEFENSE AUTHORIZA- rape kits to theaters of operation, academies, Friend of Shelter House Kids Award at the TION ACT FOR FISCAL YEAR 2011 and domestic or overseas bases. Similar pro- Patrick Henry Family Shelter: Kate Seikaly visions passed in the FY05 Defense Author- Friend of Shelter House Kids Award at the SPEECH OF ization legislation, and I am very pleased to Katherine K. Hanley Family Shelter: Clifton HON. CAROLYN B. MALONEY see that this bill before us today requires DoD Community Women’s Club OF NEW YORK to specifically budget for the sexual assault Friend of Shelter House Kids Award at IN THE HOUSE OF REPRESENTATIVES prevention and response program—a program Artemis House: Rhonda Gary that addresses these shortfalls. Thursday, May 27, 2010 Community Partner Award at the Patrick This bill before us today protects and sup- Henry Family Shelter: Northern Virginia Urban The House in Committee of the Whole ports our military service members, while League House on the State of the Union had under strengthening the ability of the finest military in consideration of the bill (H.R. 5136) to au- Community Partner Award at the Katherine thorize appropriations for fiscal year 2011 for the world to respond to today’s and future threats. K. Hanley Family Shelter: National Charity military activities of the Department of De- League, Inc., Cherry Blossom Chapter fense, to prescribe military personnel I urge my colleagues to support it. strengths for such fiscal year, and for other f Community Partner Award at Artemis purposes: House: Delta Sigma Theta Sorority, Inc.—Fair- RECOGNIZING RECIPIENTS OF THE Mrs. MALONEY. Mr. Chair, I rise today in fax County Alumnae Chapter 2010 SHELTER HOUSE VOLUN- support of the men and women in our armed Youth Volunteer Award: Lexi Hamilton TEER AWARDS forces and H.R. 5136, the National Defense Unsung Hero Award: Anika Armstrong Authorization Act for FY 2011. H.R. 5136 Special Event Volunteer Award: Tanika Siler makes sound investments in our armed HON. GERALD E. CONNOLLY Community Champion Award: Balfour forces—strengthening our national security OF VIRGINIA Beatty Construction and providing needed resources and support IN THE HOUSE OF REPRESENTATIVES We also must acknowledge the impact of all for our men and women in uniform and their Tuesday, June 08, 2010 Shelter House volunteers who work to provide families. secure, structured environments and connect I am particularly pleased by the inclusion of Mr. CONNOLLY of Virginia. Madam Speak- families with the supportive services they re- twenty-eight provisions to ensure the Defense er, I rise today to recognize Shelter House, quire. These volunteers help make Shelter Department has the tools it needs to prevent Inc., and particularly the contributions that its House one of the most effective organizations and respond to sexual assault in the military. volunteers make in service to our community. in the battle to end homelessness by empow- These important provisions will implement into Shelter House and its outstanding volunteers ering families to reach their full potential. law many of the recommendations of the De- serve Northern Virginia by coming to the aid of fense Task Force on Sexual Assault in the some of those most in need of support and Madam Speaker, I ask my colleagues to join Military Services, and the inclusion of these assistance. Volunteers are critical in helping me in expressing our gratitude for the efforts provisions in this bill makes this the single Shelter House achieve its mission of breaking of these volunteers and their colleagues at most comprehensive legislative package in the cycle of homelessness by providing crisis Shelter House. The selfless commitment of history to address sexual assault in the mili- intervention, temporary housing, training, these individuals provides enumerable benefits tary. counseling, and programs to promote self suf- to the Northern Virginia community as well as Preventing sexual assault in the military is a ficiency. life-changing services to individuals in need. persistent problem and an issue that I have Shelter House is a community-based, non- worked on for many years. I firmly believe that profit organization. It was formed in 1981 f when several ecumenical groups came to- the best way to effectively tackle a problem IN HONOR OF THE 25TH gether to better serve low-income individuals such as sexual assault in the military is to ANNIVERSARY OF TEMPLE SINAI have accurate data, which is why I previously and families. Shelter House operates three introduced legislation that would force the De- shelters, the Katherine K. Hanley Family Shel- partment of Defense (DoD) to implement fully ter and the Patrick Henry Family Shelter, HON. JOHN H. ADLER which provide temporary housing for families the Defense Incident-Based Reporting System OF NEW JERSEY (DIBRS). DIBRS collects statistics about in our community who find themselves home- IN THE HOUSE OF REPRESENTATIVES crimes committed within the military services. less, and also Artemis House, Fairfax Coun- Despite the clear need for a well-functioning ty’s Domestic Violence Shelter. This year, Tuesday, June 8, 2010 system for reporting such crimes, DIBRS has Shelter House was named to the Catalogue yet to be completed. In the FY10 National De- for Philanthropy: Greater Washington, as ‘‘One Mr. ADLER of New Jersey. Madam Speak- fense Authorization Act, I offered an amend- of the Best’’ area non profits. er, I rise today to recognize and congratulate ment that was successfully adopted that re- In addition, Shelter House offers transitional Temple Sinai in Cinnaminson, New Jersey for quired that the Secretary report to Congress housing services throughout Fairfax County. providing a place of religious education, wor- on the Department’s progress to completing As part of the effort to stop the cycle of home- ship, and community service. Temple Sinai DIBRS. Since that time, the Defense Depart- lessness, the services provided by Shelter has served as a loyal establishment for the ment reports that the Navy has resumed full- House continue even after individuals enter South Jersey Jewish community for 25 great time reporting and is working towards full com- permanent housing. years. pliance. I applaud the Department for its ef- Individuals, organizations, and businesses The traditions of Temple Sinai, a family forts and look forward to an accurate account- dedicate their time, money, and wherewithal to growing, learning, worshipping, and working ing of the crimes that are occurring in the U.S. help Shelter House succeed in its efforts to together, are still upheld today. These valu- military and the effective policies that will be end homelessness in Fairfax County. These able practices are due to the wonderful leader- implemented in response to ensure the safety relationships are critical assets to Shelter ship by Rabbi Steven Fineblum, teachers, and of our military personnel. House and a leading cause for its successes. most importantly, dedicated members to the I have also introduced legislation, the Pre- Shelter House has recognized the specific synagogue. venting Sexual Assaults in the Military Act, contributions from its partners and volunteers In recognition to the many years of dedi- that would provide funding to process the and named the following recipients of its 2010 cated religious practice and service to the backlog of DNA kits in the military, reduce the Volunteer Awards: community, I urge my colleagues to join me in processing time, train medical personnel as Ending Homelessness Award: Great Falls congratulating Temple Sinai on its 25th anni- SANEs, and ensure an adequate supply of Women’s Club versary.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K08JN8.001 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1020 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 HONORING RAFAEL LORENZO the Bureau of Research and Statistics, which The following individuals were recognized GALLEGOS managed program development and legislative as Lord and Lady Fairfax honorees for 2010. coordination with Congress for the Social Se- Each of these individuals was selected as a HON. JOHN T. SALAZAR curity Board—renamed the Social Security Ad- result of his or her outstanding volunteer serv- OF COLORADO ministration in 1946. Shortly after his election, ice, heroism, or other special achievements. IN THE HOUSE OF REPRESENTATIVES President John F. Kennedy appointed Mr. These individuals have earned our praise and Cohen as Assistant Secretary for Legislation appreciation. Tuesday, June 8, 2010 of the U.S. Department of Health, Education, At Large: Lady Luella F. Brown and Lord Mr. SALAZAR. Madam Speaker, I would like and Welfare. During President Kennedy’s ad- Verdia L. Haywood to take a moment today to pay tribute to a ministration, Mr. Cohen was responsible for Braddock District: Lady Shirley DiBartolo dedicated public servant in the State of Colo- obtaining congressional approval of over sixty- and Lord Sam DiBartolo rado. Former State Representative Rafael five bills. In 1965, President Lyndon B. John- Dranesville District: Lady Tanveer A. Mirza Lorenzo Gallegos passed away on Monday, son appointed Mr. Cohen Under Secretary and Lord Cantor Michael A. Schochet May 24, 2010. Colorado and the San Luis Val- and, in 1968, Secretary of Health, Education, Hunter Mill District: Lady Carol Ann Bradley ley have lost a tremendously respected leader. and Welfare. During the Johnson Administra- and Lord Patrick Kane Representative Gallegos led a remarkable tion, Mr. Cohen ensured the passage of the Lee District: Lady Suzette Kern and Lord life. He served in the United States Air Force historic Medicare bill and the landmark edu- Harry H. Zimmerman Reserve in the 1950s while he completed his cation bill that granted federal aid to elemen- Mason District: Lady Cindy Waters and Lord high school education. He then went on to tary and secondary schools. Not limiting his Mike Magill Colorado State University in Pueblo and then attention to welfare, Social Security, and Medi- Mt. Vernon District: Lady Glenda Booth and to the National Weather Service. He was care, however, Mr. Cohen also dedicated his Lord Linwood Gorham Providence District: Lady Sarah M. Lahr and elected Mayor of Antonito, Colorado in 2002 efforts to addressing the concerns of school Lord Ken A. Quincy and went on to represent the San Luis Valley dropouts, Indian health, consumer protection, Springfield District: Lady Lynne M. Garvey- in the Colorado legislature from 2005 to 2008. and the budgetary needs of St. Elizabeth’s Hodge and Lord Tom Peterson While serving in the legislature, Representa- Hospital, to name a few other issues of concern. Sully District: Lady Deborah J. Robison and tive Gallegos focused on issues important to Lord Steven T. Ratliff southern Colorado. He was passionate about Portrayed by Time magazine as a man of ‘‘boundless energy, infectious enthusiasm, and Madam Speaker, I ask my colleagues to join water and agriculture, and about taking care of me in expressing our gratitude to these men our veterans. He also worked to bring eco- a drive for action,’’ Mr. Cohen’s exemplary spirit and selfless dedication to public service and women who volunteer their time and en- nomic development to the San Luis Valley. Al- ergy on behalf of our community. The selfless ways a friendly face, the former weather man have allowed countless people to live healthier and more fulfilling lives. This drive for a better commitment of these individuals provides enu- was known throughout the Capitol for deliv- merable benefits to Northern Virginia and ering the weather forecast every Friday on the America earned the support of lawmakers on both sides of the aisle for the expansion of so- serves to strengthen and enrich our commu- House floor before members had to travel nities. home to their districts for the weekend. cial programs to those most in need. A true vi- f First and foremost, Rafael Gallegos was a sionary and a lifelong believer in social justice, servant to his constituents, an example to Mr. Cohen was an inspiration to all Americans HONORING RILEY WALTER those of us who strive to serve the public. He for his tireless advocacy on behalf of the less once said, ‘‘I am there for the people. . . . fortunate. On May 17, 1987, Mr. Cohen passed away, and the United States lost a HON. GEORGE RADANOVICH Whatever I do and however I vote will be in OF CALIFORNIA this district’s best interest.’’ Representative great pioneer of social legislation. Madam Speaker, I urge my colleagues to IN THE HOUSE OF REPRESENTATIVES Gallegos never forgot where he came from join me in celebrating the life and accomplish- Tuesday, June 8, 2010 and he lived to serve others so that they could ments of Mr. Wilbur J. Cohen. have a brighter future. Mr. RADANOVICH. Madam Speaker, I rise My condolences go out to his family during f today to commend and congratulate Riley this difficult time. He will be missed but his RECOGNIZING 2010 LORDS AND Walter upon thirty years of business in the legacy will live on through all of the lives that LADIES OF FAIRFAX legal field. Mr. Riley will be honored at a re- he touched in Southern Colorado. ception on Tuesday, June 1, 2010. Mr. Riley Walter attended California Poly- f HON. GERALD E. CONNOLLY technic State University, San Luis Obispo (Cal OF VIRGINIA HONORING WILBUR J. COHEN Poly) and earned a Bachelor of Arts degree in IN THE HOUSE OF REPRESENTATIVES 1973 and a Master of Arts degree in 1974, HON. CHRIS VAN HOLLEN Tuesday, June 08, 2010 both in Agriculture. While working towards his OF MARYLAND Mr. CONNOLLY of Virginia. Madam Speak- Masters degree, he worked as an assistant IN THE HOUSE OF REPRESENTATIVES er, I rise to recognize a dedicated group of professor of agriculture business management men and women in Northern Virginia. For the at Cal Poly, Pomona. Upon completing the Tuesday, June 8, 2010 past twenty-six years, each member of the masters program, Mr. Walter attended West- Mr. VAN HOLLEN. Madam Speaker, I Fairfax County Board of Supervisors has se- ern State University in southern California and speak today to honor a remarkable American, lected two people from their district who have received a Juris Doctorate in 1980. During this Wilbur J. Cohen, on the 97th anniversary of demonstrated an exceptional commitment to time, he was also working toward becoming a his birth. our community. Since the program’s inception tenured associate professor at Cal Poly, San From the programs of the New Deal to the in 1984, nearly 500 individuals have been rec- Luis Obispo. Later, Mr. Walter became cer- Great Society, Wilbur Cohen was a key player ognized as a Lord or Lady Fairfax by their rep- tified as a Business Bankruptcy Specialist by in nearly every significant effort that involved resentative on the Board of Supervisors. the American Board of Bankruptcy Certifi- social legislation. Nicknamed ‘‘The Man Who Individuals recognized as Lords and Ladies cation. Built Medicare,’’ Mr. Cohen was responsible of Fairfax have made significant contributions In 1980, Mr. Walter passed the bar and in for improving the quality of life of millions of el- in their communities. This year, the Fairfax May began practicing in a commercial law firm derly Americans. As an acquaintance of Mr. County Board of Supervisors recognized out- where he was working on reorganization, in- Cohen once said, ‘‘he feels every person in standing individuals who have made tremen- solvency and bankruptcy law in Central Cali- the country who is home alone sick is his per- dous impacts through their support of our pub- fornia, from Bakersfield to Sacramento. His sonal responsibility.’’ lic schools, parks, youth sports leagues, arts primary area of practice has become insol- Mr. Cohen was born on June 10, 1913 in community, public safety providers, and vency law, specifically Chapter 11 and special- Milwaukee, Wisconsin. After graduating from human service programs. It is nearly impos- izing in large scale agricultural and agri- the University of Wisconsin—Madison in 1934, sible to fully describe the diversity of accom- business cases including creameries, proc- Mr. Cohen relocated to Washington, D.C. to plishments by the honorees. Their efforts con- essors, wineries, feed mills, farms, ranches pursue his dreams of public service. In short tribute greatly to the quality of life for the resi- and dairies. Mr. Walter also works on consen- order, he became a key drafter of the Social dents of Fairfax County and should be com- sual restructuring, workouts, liquidations, re- Security Act. He then became the Director of mended. ceiverships, assignment for benefit of creditors

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.002 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1021 and other insolvency and restructuring mat- every month, it is important this resolution is embodies the patriotic, hard working principles ters. For these types of issues, Mr. Walter has passed this month as May is expressly des- that have made this Nation great for over two- Worked with cities, hospitals, developers, en- ignated National Military Appreciation Month. hundred thirty-four years. ergy companies, manufacturing, service and We can never say ‘‘thank you’’ enough for Originally established in 1777 and cele- retail businesses. During his thirty years of the sacrifices paid by the Nation’s military. The brated each year on June 14, Flag Day com- practice, he has represented debtors and liberties we enjoy today were earned through memorates the unification of this great union trustees in over three thousand cases under the bravery and sacrifice of ordinary Ameri- under the United States Flag. As part of its Chapter 11, 12, 7 and 9. cans with extraordinary selflessness. America Centennial celebration, Fairfield will dedicate a Mr. Walter is actively involved with many must never turn her back on her service mem- newly installed flag pole to the men and legal organizations. He has served as presi- bers and veterans. women who have selflessly served in our Na- dent and director of the Central California We know all too well that freedom is not tion’s armed services. At a time when our Na- Bankruptcy Association and the San Joaquin free. They courageously stepped forward to tion’s military is involved in multiple conflicts Valley Chapter of the Federal Bar Association. protect and defend the Constitution and the and humanitarian aid missions, this solemn He has served as the chair of Business Law people of the United States. This resolution is dedication is entirely fitting of Congress’ rec- Section and the Agricultural Law Section of just a small tribute to the great character of all ognition. the Fresno County Bar Association. Mr. Walter our military service members and veterans. I would also like to mention that Fairfield also served as the director and co-chair of the I urge all my colleagues to join with me in residents’ strong beliefs in family, community, California State Bar Agribusiness Committee. supporting H. Res. 1385 and thanking current and civic responsibility reflect the characteris- He has served as director of the California and former servicemembers for guaranteeing tics the Founders envisioned for the citizens of Bankruptcy Forum and the Central California our freedom. this great Republic. I am honored to represent Receivers Forum. He is, or has been, a mem- f these proud Americans and congratulate them ber of the American Bar Association, Amer- GIRL SCOUT GOLD AWARD and the town of Fairfield on its one-hundredth ican Bankruptcy Institute, American Inns of Flag Day parade. Court and Society of Agricultural Lenders. He CONGRATULATIONS is a former chair of the Agricultural Law Re- f view Advisory Committee at San Joaquin Col- HON. GERALD E. CONNOLLY lege of Law. He is a fellow of the American OF VIRGINIA HONORING MILTON CLOWERS College of Bankruptcy, Class XIII and is a Del- IN THE HOUSE OF REPRESENTATIVES egate to the Ninth Circuit Judicial Conference. Tuesday, June 08, 2010 Mr. Walter was selected as a Northern Cali- HON. LYNN A. WESTMORELAND fornia Super Lawyer for 2004 through 2009. Mr. CONNOLLY of Virginia. Madam Speak- OF GEORGIA Outside of his practice, Mr. Walter taught er, I rise today to recognize a group of out- IN THE HOUSE OF REPRESENTATIVES agriculture law as an adjunct professor at San standing young girls for achieving the Girl Joaquin College of Law in Fresno from 1989 Scout Gold Award, the highest award in Girl Tuesday, June 8, 2010 through 1993. He was also an adjunct pro- Scouting. This year’s honorees from Virginia’s Mr. WESTMORELAND. Madam Speaker, I fessor of management (entrepreneurial stud- 11th Congressional District are Michelle rise today to pay respect to Fayetteville, Geor- ies) at California State University, Fresno. He Bedker, Randi Beil, Michelle Biwer, Lindsey gia’s Milton Clowers, who passed away last has authored, co-authored or contributed to Brock, Lauren Falkenstein, Kathryn Forestello, week. A good friend to many, he leaves be- many articles. Because of his extensive expe- Nicole Gray, Brynna Heflin, Carolyn Iwicki, hind his wife Randi and loving children: son rience and involvement, Mr. Walter has lec- Cassady Keller, Jessica McEvoy, Allison Eric and his wife Amy and a daughter, Cam- tured on bankruptcy topics to business and Moats and Ashley Pettway. eron. His extended family included several legal groups numerous times. The Gold Award is a prestigious award that brothers and sisters who preceded him in Mr. Walter has a long history of involvement is earned by a select group of Girl Scouts who death and four brothers and two sisters who in civic and cultural organizations. He currently have demonstrated a higher commitment not survive. Probably most special to him were his serves as the vice chair on the board of the only to community service, but to advocating five grandchildren—Gracelyn, Reginald, Khalil, Lyles Center for Entrepreneurship and Innova- for lasting change. Each girl carefully evalu- Tyler and Gabrielle. tion of California State University, Fresno. He ated her community’s needs and determined Milton was a good friend to me, having is general counsel to the Central Valley Busi- the nature and scope of her project and then known him both personally and professionally. ness Incubator and the Bulldog Fund. Mr. submitted project proposals to the Gold Award He was born in Tennessee and attended Ten- Walter recently retired from the board of the Panel. Additionally, while working on the nessee State University. Milton pursued a ca- Central Valley Business Incubator, after thir- project, each girl dedicated a minimum of 65 reer in the electrical industry, which brought teen years of service with the organization. He hours. This year’s projects ranged from teach- him to Atlanta where he was accepted into the was formerly on the boards of the Fresno ing young people to read or play an instru- International Brotherhood of Electrical Workers Business Council, the Fresno Metropolitan ment to protecting the environment and help- (IBEW) Local 613/National Electrical Contrac- Museum, Fresno City and County Historical ing the homeless. tors Apprenticeship program. Madam Speaker, I ask my colleagues to join Society and the Lee Institute for Japanese Art. Milton worked hard and diligently to excel in Madam Speaker, I rise today to commend me in congratulating these girls on their achievements and for their contributions to the electrical industry. From the early days at and congratulate Riley Walter upon thirty Grove Park Electric to Dixie Electric Com- years of legal service to the Central Valley. I their community. I wish them well in all of their future endeavors. pany—where he helped bring on Yukon Elec- invite my colleagues to join me in wishing Mr. tric as a joint venture partner for projects for Walter many years of continued success. f Delta Air Lines—Milton enjoyed a successful f HONORING FAIRFIELD, career. The highlight of his career was making RECOGNIZING AND HONORING WASHINGTON UpTime Electric the successful electrical con- MEMBERS OF ARMED FORCES tracting firm it is today. AND VETERANS HON. CATHY McMORRIS RODGERS Milton also served on several industry OF WASHINGTON boards including the Atlanta Electrical Con- SPEECH OF tractors Association where he was a Presi- IN THE HOUSE OF REPRESENTATIVES dent, Governor and Chairman. HON. TODD TIAHRT Tuesday, June 8, 2010 OF KANSAS Career and community work are important, IN THE HOUSE OF REPRESENTATIVES Mrs. MCMORRIS RODGERS. Madam but a man is only as good as the family and Speaker, I rise today to applaud the town of friends who support him. Fortunately, Milton Tuesday, May 25, 2010 Fairfield, Washington for its ongoing commit- was blessed with an abundance of both. He Mr. TIAHRT. Mr. Speaker, I join my col- ment to one of our Nation’s most symbolic was a loving and devoted husband, father, leagues in strong support for H. Res. 1385 to treasures—the American Flag. On June 12, brother and friend. He was a strong, multital- recognize and honor the courage and sacrifice 2010, Fairfield, Washington will host its one- ented and compassionate man who gave so of the members of the Armed Forces and vet- hundredth Flag Day parade. Long known as much to so many. I am proud to speak about erans. Though we appreciate their sacrifice the ‘‘Town that Celebrates the Flag,’’ Fairfield him today and honor his life and contribution.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.004 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1022 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 CHESAPEAKE BAY FOUNDATION Americans to the Presidential Cabinet under to serve as Chief Labor Counsel, and Chief ENVIRONMENTAL EDUCATORS President Barack Obama. Officer of Labor and Legislative Relations for OF THE YEAR In addition to the advancements and con- Dade County Public Schools. tributions of Asian/Pacific Americans, we also In 2009, Mr. Williams was recognized by HON. GERALD E. CONNOLLY highlight many of the challenges they have Florida Trend Magazine as one of Florida’s OF VIRGINIA overcome and continue to face today. This Legal Elite and identified as one of the top IN THE HOUSE OF REPRESENTATIVES legacy includes the Chinese Exclusion Act of government attorneys in the state. 1882 and the internment of Japanese Ameri- Mr. Williams was a husband, a father, a Tuesday, June 08, 2010 cans during World War II. More recent difficul- brother, an uncle, a godfather, a dedicated Mr. CONNOLLY of Virginia. Madam Speak- ties comprise post 9/11 profiling, discrimination public service attorney and community leader. er, I rise today to recognize three Fairfax and hate crimes against Muslim and Sikh I am grateful for Mr. Williams’ contributions County Public School Principals for receiving communities and income, language and edu- and dedication to Palm Beach County. He will the Chesapeake Bay Foundation’s 2009 Envi- cational discrepancies in access within the be greatly missed. My thoughts and prayers ronmental Educators of the Year Award. Asian/Pacific American population. Acknowl- go out to his family, friends and to the greater The honorees for this award were Ms. edging these hurdles is the first step in over- community during this difficult time. Debra Lane, principal at Rolling Valley Ele- coming them and learning from past injustices f mentary School, Mr. Sal Rivera, principal at will lead to a more equitable and progressive Flint Hill Elementary School, and Mr. Dwayne United States. IN HONOR OF JOSEPH CARUSO Young, principal at Centreville Elementary The political presence and civic engagement School. of the Asian/Pacific American community has HON. JOHN H. ADLER These educators have actively infused envi- increased substantially since their arrival in the OF NEW JERSEY ronmental education in the curricula of their United States. Currently, the Congressional IN THE HOUSE OF REPRESENTATIVES schools and worked to include more outdoor Asian Pacific American Caucus is composed Tuesday, June 8, 2010 experiences for their teachers and students. of a record 30 members. In addition, the Furthermore, these principals were instru- Obama administration has made significant ef- Mr. ADLER of New Jersey. Madam Speak- mental in establishing a teacher professional forts to reach out to the Asian/Pacific Amer- er, I rise today to honor Joseph Caruso, a development program called ‘‘Chesapeake ican community, including the reestablishment resident of Delanco, New Jersey and dedi- Classrooms,’’ which focuses on the Chesa- of the White House Initiative on Asian and Pa- cated volunteer at Catholic Charities, Emer- peake Bay for county principals and teachers. cific Islanders to coordinate the work of mul- gency and Community Services. Madam Speaker, Ms. Lane, Mr. Rivera, and tiple agencies and ensure more accurate data Joe has been volunteering with Emergency Mr. Young’s hard work have shown their com- collection and greater access to services. The and Community Services for the past two mitment to the community and the importance United States recognizes the uniqueness of years as a trained tax preparer. As one of two of educating our young people on the values this Asian/Pacific American constituency and tax preparers, Joe has provided free tax prep- of environmental stewardship. I ask my col- the valuable contributions of its members. aration for hundreds of seniors and low-in- leagues to join me in congratulating them on I respect and admire the advancements of come residents of Burlington County. this wonderful accomplishment and wish them Asian/Pacific Americans and anticipate their In addition to his tax services, Joe took on well in all of their future endeavors. growing political representation and inclusion the temporary duties of the Pantry Manager. f in all levels of government and American soci- Through his dedication and commitment to the ety. program’s goals, he reorganized the food pan- CELEBRATING ASIAN/PACIFIC f try, handled all food and household donation AMERICAN HERITAGE MONTH pick-ups, developed a food inventory tracking CELEBRATING THE LIFE AND system, provided routine maintenance of the SPEECH OF MEMORY OF MR. GERALD A. pantry’s refrigerators and freezers, and advo- HON. CHARLES B. RANGEL WILLIAMS cated with donors to secure additional food OF NEW YORK items for the pantry program. IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS Joe does whatever is necessary to make sure that our hungry neighbors do not go with- Tuesday, May 25, 2010 OF FLORIDA IN THE HOUSE OF REPRESENTATIVES out food and quietly goes about his work not Mr. RANGEL. Mr. Speaker, I rise today to expecting or wanting any accolades. He has Tuesday, June 8, 2010 recognize and celebrate Asian/Pacific Heritage been a valuable asset to the program and his Month and the contributions of Asian/Pacific Mr. HASTINGS of Florida. Madam Speaker, selfless efforts have to be recognized. Americans to this nation. It is evident that I rise today to celebrate the life of and express Madam Speaker, I ask that you please join Asian/Pacific Americans are an important sadness over the untimely death of lawyer and me in congratulating Joe for his outstanding source of cultural capital, having become fix- friend Gerald A. Williams. and dedicated service to the less fortunate in tures in literature, film, music, athletics and all Mr. Williams was not only a friend but a bril- our South Jersey communities. other areas of American society. Annual ob- liant lawyer whose mission was to serve our f servance each May was designated because community in South Florida. He was a humble of two significant events, the first being the ar- man and a true role model. MARYLAND WOMEN’S LACROSSE rival of Japanese immigrants in the United He had served as the chief counsel to the States on May 7, 1843 and the completion of Palm Beach County School Board since No- HON. STENY H. HOYER the Transcontinental Railroad on May 10, vember 2005 and was responsible for all legal OF MARYLAND 1869. matters involving the School Board. Prior to IN THE HOUSE OF REPRESENTATIVES The United States Census Bureau reports serving as Chief Counsel, he served for four that Asian/Pacific Americans are one of the years as Chief Negotiator and Chief Officer of Tuesday, June 8, 2010 nation’s most diverse populations, numbering Administration for the school district. Mr. HOYER. Madam Speaker, I rise to con- 15.2 million and encompassing 28 language In numerous appointments and positions, gratulate the women’s lacrosse team of my groups and 47 ethnicities. 80 percent of the Mr. Williams also served as general counsel alma mater, the University of Maryland, on its Asian/Pacific American community resides in for the Virgil Hawkins Florida Chapter of the record tenth national championship. In the California, Hawaii, New York, Texas, New Jer- National Bar Association, as treasurer and ex- March 31st championship game, Maryland de- sey, Illinois, Washington, Florida, Virginia, and ecutive board member for the Urban League feated Northwestern University, a lacrosse dy- Massachusetts. The histories of these groups of Palm Beach County, and as co-founder and nasty in its own right, by a score of 13–11. in America are deeply connected to the history president of the Suncoast Chamber of Com- Congratulations are especially due to Coach of the United States through such events as merce in West Palm Beach. Cathy Reese, who was rewarded with success the designation of the World War II 442nd Mr. Williams became one of the first black after returning to coach at her alma mater; to Regimental Combat team as the highest deco- graduates of the University of Florida College senior Caitlyn McFadden, who starred in her rated military unit in U.S. history, the election of Law in 1975. His firm, Haygood & Williams, last collegiate game with two goals and an as- of Dalip Singh Saund to the U.S. Congress in grew into the largest all-black law firm in the sist, and was named the tournament’s Most 1957 and the appointment of three Asian state. Mr. Williams left private practice in 1997 Outstanding Player; and to the Maryland fans,

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.005 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1023 who turned out to support their Terrapins in Strip was tragic, and I join the worldwide out- gay and lesbian servicemen and women, who, record numbers. This championship is the pouring of grief over the deaths of nine people under United States law and unlike their het- product of outstanding athletes and coaches, aboard the Mavi Marmara. erosexual counterparts, must hide their sexual untold hours of hard work, and the passionate In the midst of his tragedy, we must not for- orientation and their partners from the military. support of the University of Maryland commu- get that Israel has been engaged in a pro- Their partners are not eligible for the military nity. The University of Maryland demonstrates tracted struggle with Hamas, a terrorist organi- spousal benefits to which the partners of het- excellence in both academics and athletics, zation that has repeatedly stated that it will erosexual servicemen and women are entitled, and I’m proud of this team for contributing to never accept Israel’s right to exist, and which including health care and better housing. Ma- that legacy. has used the 1.4 million people of Gaza as dame Speaker, ‘‘Don’t Ask, Don’t Tell’’ is, by f human shields for rocket attacks and other definition, a discriminatory policy. acts of terror against Israeli citizens. In the course of tonight’s debate, several RECOGNIZING FOREST PARK HIGH The Turkish group that organized the flotilla, members have characterized the House of SCHOOL PRINCIPAL ERIC BRENT the IHH, must accept responsibility for the loss Representatives’ impending vote to repeal ON RECEIVING THE WASHINGTON of life aboard the ship by deliberately pro- ‘‘Don’t Ask, Don’t Tell’’ as a step forward for POST DISTINGUISHED EDU- voking a confrontation with Israeli Navy per- morality and equality. And it is. But, before we CATIONAL LEADERSHIP AWARD sonnel enforcing a legal blockade of Gaza. collectively pat ourselves on the back for a job Rather than accepting Israel’s offer to offload well done, I would remind my colleagues that HON. GERALD E. CONNOLLY its cargo in Israel for subsequent transport via tonight’s step forward is only a result of the giant leap backwards we took when we insti- OF VIRGINIA the land crossings into Gaza, the Mavi tuted the policy in the first place. Years from IN THE HOUSE OF REPRESENTATIVES Marmara chose to try to run the blockade and then resisted the Israeli boarding party, beat- now, when our children read about ‘‘Don’t Ask, Tuesday, June 08, 2010 ing Israeli troops with metal pipes and other Don’t Tell’’ in their history books, what will Mr. CONNOLLY of Virginia. Madam Speak- weapons. In the days since the incident, it has they think of a government that so shamefully er, I rise to recognize Principal Eric Brent, the been revealed some of those aboard the ship turned its back on gay servicemen and women winner of the Washington Post Distinguished were jihadist provocateurs seeking a clash in the interest of a political compromise? Madam Chair, politics is a business of Educational Leadership Award for Prince Wil- with the Israeli military. And regrettably in this, grays. Seldom do we have the opportunity to liam County Schools. they were successful. vote on legislation that is black or white, moral Principal Brent has more than 23 years of The international community must show or immoral, right or wrong. Tonight is the rare educational experience and is currently the greater resolve in forcing Hamas to renounce exception. principal of Forest Park High School. He has terror, accept Israel’s right to exist, and abide For the thousands of gay servicemen and served as a secondary classroom teacher, by prior agreements. We must work together women who so bravely serve our country ev- coach, sponsor, guidance counselor, director with Israel to meet the urgent needs of the eryday but who live in constant fear of being of student services, assistant principal, and people of Gaza, but Hamas bears ultimate re- discovered for who they are, for the principles principal during his career. He is a student sponsibility for the continued suffering of the of freedom and equality upon which the United body favorite and is known as a devoted men- people of that region. States of America was founded, and in the in- tor who takes a sincere interest in the lives of f terest of righting a wrong that has persisted his students. Teachers and parents cite his for far too long, I rise in support of the amend- administrative style as polite and collaborative. NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2011 ment before us and for the patriotic soldier His diverse experience and enthusiasm for whose letter I enclose for the record; a letter education have given him the skills and talent SPEECH OF in which he implores me: ‘‘If and when this to be a first-class principal. issue ever comes up for debate, and even for His work at Forest Park High has produced HON. GARY L. ACKERMAN a vote in Congress, I respectfully ask you to a long list of results and accolades. In 2008, OF NEW YORK remember all the gay military personnel who Newsweek magazine ranked Forest Park High IN THE HOUSE OF REPRESENTATIVES are right now risking our lives to defend the School on its annual list of ‘‘America’s Top Thursday, May 27, 2010 U.S. and its values.’’ Public High Schools.’’ During his tenure, stu- The House in Committee of the Whole Madam Chair, that moment has come. dent scores on the SAT improved from 1511 House on the State of the Union had under Hon. GARY ACKERMAN, to 1528 and the number of graduates attend- consideration the bill (H.R. 5136) to authorize Member of the House of Representatives, Ray- ing four-year higher education programs in- appropriations for fiscal year 2011 for mili- burn House Office Building, Washington, creased from 50 percent to 60 percent. In tary activities of the Department of Defense, DC. 2009, Principal Brent was recognized for these to prescribe military personnel strengths for DEAR CONGRESSMAN ACKERMAN: I am a cap- such fiscal year, and for other purposes: tain in the United States Army Reserve, and accomplishments when he was named Prin- am presently deployed to Afghanistan. I am cipal of the Year in Prince William County. Mr. ACKERMAN. Madam Chair, several writing to you with regard to the military’s Madam Speaker, I ask that my colleagues months ago I received a letter from a solider so-called ‘‘Don’t Ask, Don’t Tell’’ (DADT) join me in congratulating Principal Eric Brent who lives in New York. The letter was very policy. As you may know, there is currently for receiving the Washington Post Distin- similar to those that many members of Con- a strong push in Congress to overturn guished Educational Leadership Award for gress receive from brave servicemen and DADT—under which otherwise qualified gay Prince William County Schools. He is an asset women who reside in their districts. The letter men and women are still being involuntarily spoke of multiple tours through Iraq and Af- dismissed from service—and replace it with a to our local school system, and his work is policy of nondiscrimination on the basis of helping countless children and setting them on ghanistan, of volunteering for more service sexual orientation. I strongly support this the right path for a positive future. even after completing enough tours to retire, proposed policy change. I would like to ex- f and of the pride of a soldier who loves his plain the basis for my judgment. country and is willing to sacrifice so much to I am a veteran of both the U. S. Navy Re- THE GAZA FLOTILLA INCIDENT defend it. serve and the U. S. Army Reserve. In the lat- But this letter was not quite the same as ter I have served as both a sergeant and as a those that many of us here in the Capitol re- commissioned officer. Since the terrorist at- HON. ADAM B. SCHIFF tacks of September 11, 2001 I have completed OF CALIFORNIA ceive from time to time. You see, despite serv- tours of duty in Afghanistan, Iraq, and Ku- IN THE HOUSE OF REPRESENTATIVES ing his country for more than 20 years, despite wait. I was informed that I had completed volunteering to serve in a combat zone to de- Tuesday, June 8, 2010 twenty good years of Reserve military serv- fend America’s principles of freedom from tyr- ice, and had thus earned the right to retire. Mr. SCHIFF. Madam Speaker, Israel has anny and from persecution, and despite re- But I did not want to retire with my country the right and the duty to defend its citizens ceiving two bronze stars for meritorious serv- still at war. So I volunteered for another from attack, and it is both reasonable and pru- ice to his country, the gay soldier who wrote combat zone deployment, and am serving dent to interdict weapons from being smug- once again in Afghanistan. I have been at my this letter is required by United States law to current duty station———. I recite this brief gled into Gaza. lie about who he is or face being discharged resume to let you know that I am no mere Last Monday’s confrontation between Israeli from the military. observer of the military, but rather someone naval forces and a group of activists seeking For 16 years, ‘‘Don’t Ask, Don’t Tell’’ has who has dedicated much of my life to our na- to bring supplies to the Hamas-governed Gaza placed an unthinkable and immoral burden on tional defense.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.011 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1024 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 Congressman Ackerman, I am also one of bond of trust and openness enabled me to manage this change in policy? The answer is the many gay military personnel who have give each individual the counsel or moral simple. Hold gay service members to exactly served our country faithfully in these times support that was needed. But what about gay the same standards we hold straight service of terrorism and war. I want to give you my troops? They are legally deprived of such a members. If gay individuals were to commit personal perspective on why DADT is so relationship with a commander, a senior acts of sexual harassment, or engage in any wrong. First of all, it is widely recognized noncommissioned officer, or a battle buddy. other type of activity that goes contrary to that a married service member’s relationship This is wrong. These gay troops—especially military order, we would discipline them ap- with his or her spouse has a profound impact those experiencing the stress of combat zone propriately—and separate them from the on that service member’s fitness for duty. duty—deserve access to such relationships. service if necessary. This happens to straight Thus, straight married service members are The DADT policy shackles the hands of lead- service members when necessary; I myself free, within the limits of resource avail- ers like myself and prevents us from prop- once had to discipline a straight male non- ability and operational constraints, to main- erly supporting all our troops. This policy commissioned officer for his inappropriate tain communications with their spouses. In puts service members and their loved ones at behavior towards a junior female Soldier. fact, such communication is actively encour- risk. DADT is a shameful blot on our na- This NCO accepted my counsel, corrected his aged. Regular phone calls, e-mail, and postal tional honor. behavior, and completed his tour of duty suc- letters really help both the service member I know that many are wary of a repeal of cessfully. On the other hand, those gay indi- and spouse get through the strain of combat DADT. Perhaps some—particularly those viduals who conduct themselves with honor zone deployments in particular. who oppose homosexual conduct on religious and dignity, and who demonstrate respect Many gay service members have com- grounds—see such a policy change as the for their fellow service members, would con- mitted partners who, every day, face the equivalent of governmental approval of ho- tinue to do their jobs. This is exactly the same stress and make the same sacrifices as mosexual conduct. But this is not so. Let me policy that coalition militaries, many U. S. do their straight counterparts. But because strike an analogy. Many religious individ- police departments, and dozens of civilian of DADT, gay service members and their uals are opposed, on biblical grounds, to di- corporations have been following success- partners have to constantly worry that an vorce and remarriage. But persons who have fully for years. Are we really to believe that overheard telephone call, an intercepted e- divorced and remarried are plentiful in the this course of action is beyond the capability mail message, or other type of compromised armed services, and many serve alongside of the U.S. military? communication could lead to a degrading, very conservative religious persons every In fact, I believe that the demise of DADT career-destroying investigation. It is wrong, day. Respecting divorced-and-remarried per- will happen as smoothly and quietly as did I believe, to place such additional burdens on sons as military professionals does not mean similar policy changes in the militaries of the back of American patriots. one agrees with their personal life choices, allied nations. Gay troops who have been be- I write of these matters from personal ex- or that the government is advocating such having in a professional manner prior to the perience. When the 9/11 terrorist attacks oc- choices. To me, the main issue is that we re- demise of DADT are not suddenly going to curred I was in a serious long-term relation- spect personnel who serve their country hon- begin engaging in outrageous or disruptive ship. But the extensive post-9/11 active duty orably and who act with responsibility and behavior. Today’s gay troops, despite the I performed put a serious strain on this rela- integrity in their personal lives. For exam- burdens of DADT, are putting their lives on tionship. The relationship finally fell comple, in the military we will punish a ‘‘dead- the line every day to defend this country; pletely apart during my first Afghanistan de- beat dad’’ who neglects to pay his child sup- many of us have been tested in Iraq, Afghan- ployment in———. port, but we support and respect the divorced istan, Somalia, and other challenging loca- As you may know, the military has seen a father who stays committed to his parental tions. If the military gets rid of DADT, we troubling increase in the service member responsibilities. I believe that we need to will continue to do our jobs and take care of suicide rate since 9/11. Furthermore, the loss take a comparable stance towards gay serv- our battle buddies; we and our commanders of a serious relationship is one of the critical ice members. will simply have a terrible burden lifted risk factors that may contribute to such sui- There are also some who claim that repeal- from our shoulders. cides. I experienced this particular risk facing DADT will negatively impact morale and Congressman, after more than two decades tor and my situation was compounded by its discipline in our armed services. But I have of military service—at sea and on land, from occurrence in a war zone. Six years later, I never seen a single shred of empirical evi- the Cold War era to the Global War on Ter- can still vividly remember cradling my gov- dence to support such assertions. In fact, the ror, in joint service and multinational envi- ernment-issue pistol in my hands and fight- available evidence suggests that treating gay ronments—I think I know the women and ing the urge to blow my own brains out. and straight troops equally has no negative men of our armed forces pretty well. I can I made it through that crisis. I completed impact on military forces. Consider the fact tell you that every day U. S. service mem- my mission in Afghanistan successfully, and that many of our key allies in current com- bers overcome barriers of difference—dif- in fact was decorated with a Bronze Star bat and security operations—nations such as ference in race, ethnic heritage, religion, re- Medal at the conclusion of that tour. I went the United Kingdom, Canada, and Aus- gional origin, gender, socioeconomic class, on to earn a second Bronze Star Medal in tralia—do not discriminate on the basis of and other areas. Sexual orientation is just Iraq two years later, and was promoted sexual orientation in their armed services. another element in this complex equation. to——— shortly after that. These fighting forces continue to perform We are able to overcome all these types of What made that crisis particularly dif- admirably. Furthermore, troops from these difference and form cohesive teams by focus- ficult was the isolation imposed on me as a and other nondiscriminatory nations live ing on the basics: mutual respect, a solid result of DADT. A straight Soldier in a com- and serve side by side every day with U.S. work ethic, personal integrity, and commit- parable crisis could turn to his commander, troops in war zones. On this current tour, for ment to our common missions. We are also his first sergeant, or a ‘‘battle buddy’’ for example, I personally have shared living and able to recognize that a person whose dif- help and advice. But such avenues are legally bathing facilities with uniformed personnel ference may initially unsettle us may also closed to gay troops. If I, for example, had from Australia, Canada, Denmark, Spain, possess a critical skill, a body of knowledge, shared the details of my situation with my and the United Kingdom—never have I seen or a depth of experience that we need to ac- commander—a decent and honorable man— a U.S. serviceman run shrieking from the complish these common missions. Can we af- he would have been legally obligated to have showers because he feared that he might en- ford to lose a fluent Arabic linguist because initiated an investigation that would have counter an openly gay individual from one of she is a lesbian? Can we afford to discard a heaped even more stress upon me, disrupted these allied nations. Last year I met an combat seasoned infantryman because he is my unit’s mission, and ultimately destroyed openly gay chief petty officer from the Aus- gay? my career. tralian navy. He had served as part of a U.S.- I have enclosed with this letter some docu- I know that many would say that a gay led multinational team in Iraq. He told me mentation from my combat zone service. My service member in such a situation could go that not only was his presence no problem contributions have been modest compared to to a chaplain in confidentiality. I have great for the Americans, but they decorated him the heroism shown by many of my sisters respect for our military chaplains and for all with a U.S. medal at the end of his tour! and brothers in arms. Still, I am proud of the good work that they do. But I also be- Surely if Americans can accept a gay Aus- what I have achieved. I leave it to you to lieve that no service member should feel tralian, they can also accept gay fellow look at my record and determine whether or forced to see a chaplain as his or her only op- Americans. People who claim that the U.S. not the military would be better off if I— tion. Every service member should have the military cannot manage a policy of sexual and, for that matter, thousands of people right to speak freely with a commander, a orientation nondiscrimination are not only like me—were to be involuntarily dismissed trusted noncommissioned officer, or a battle ignoring the realities of current operations, from duty. buddy. I assert this not only as an individual but they are also essentially saying that I am an ordinary guy who grew up in New Soldier, but also as an officer with extensive American service personnel are less profes- York. My dad is a retired New York City cop experience as a platoon leader and company sional than those of the U.K., Canada, and who was deeply impacted by the 9/11 ter- commander. When I have been in these com- other nondiscriminatory nations—I consider rorist attacks. Like any other deployed Sol- mand positions, I have had Soldiers share such an assertion to be a highly offensive in- dier, I call my folks at least once a week, with me some very personal information sult. and they worry about me just like the par- about their families and home lives. I was Of course, my argument ultimately leads ents of any Soldier. I don’t want to turn the glad that these Soldiers trusted me, and this to a logical—and fair—question: How do we military into some sort of gay utopia. I just

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.014 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1025 want gay Soldiers, Sailors, Airmen, Marines, an organization so committed to international It is a task worthy of Hercules, but she ac- and Coast Guardsmen—together with our development. I wish Nascent Solutions contin- complishes it with grace and seemingly with loved ones—to have the sort of peace of mind ued success in its work to provide help and ease. that our straight sisters and brothers take But we know closing the achievement gap is for granted. hope to those who so desperately need it. Congressman Ackerman, I read on your f not easy. It is especially difficult in tough economic times. But Dr. Atkins has tenaciously Web site about how you stood up for Soldiers RECOGNIZING THE NATIONAL MU- who were not getting their combat zone tax persevered and the results are remarkable— exemption in Iraq. So I know you are a lead- SEUM OF AMERICAN JEWISH and ongoing. er who believes in taking care of the troops. HISTORY You would be hard pressed to identify a sin- Sir, I believe that now is the time to give gle job more important to a community than troops like me relief from the injustice of HON. PATRICK J. MURPHY school superintendent, and you would be hard ‘‘Don’t Ask, Don’t Tell.’’ If and when this OF PENNSYLVANIA pressed to identify a single individual better issue comes up for debate, and even for a IN THE HOUSE OF REPRESENTATIVES suited to that job than Dr. Rosa Atkins. On be- vote, in Congress, I respectfully ask you to remember all the gay military personnel Tuesday, June 8, 2010 half of Virginia’s 5th District, I offer my deepest appreciation for her service to our stu- who are right now risking our lives to defend Mr. PATRICK J. MURPHY of Pennsylvania. the United States and its values. If you have dents. Madam Speaker, I rise today to honor and any questions or comments about anything I f have written, you may contact me via e- commemorate the National Museum of Amer- mail. And please feel free to share this letter ican Jewish History. TRIBUTE TO MR. JEFF THEERMAN, and its enclosures, including my contact in- Originally established in 1976, the National PRESIDENT OF THE NATIONAL formation, with any individuals or organiza- Museum of American Jewish History is the ASSOCIATION OF CLEAN WATER tions whom you deem appropriate. only museum in our great Nation which has AGENCIES Sincerely, ———. devoted itself fully to the preservation and ex- f ploration of the American Jewish experience. HON. WM. LACY CLAY This important museum was founded by the CONGRATULATING NASCENT SOLU- OF MISSOURI Congregation Mikveh Israel, one of the oldest TIONS, INCORPORATED ON ITS IN THE HOUSE OF REPRESENTATIVES synagogues in the United States. Established FIFTH ANNIVERSARY Tuesday, June 8, 2010 in 1740 as the ‘‘Synagogue of the American Revolution,’’ the Congregation Mikveh Israel Mr. CLAY. Madam Speaker, I rise today to HON. GERALD E. CONNOLLY stands for values and ideals which all Ameri- congratulate Mr. Jeff Theerman, Executive Di- OF VIRGINIA cans share. rector of the Metropolitan St. Louis Sewer Dis- IN THE HOUSE OF REPRESENTATIVES The National Museum of American Jewish trict, MSD, on his election as the new Presi- Tuesday, June 8, 2010 History is a vibrant component in the cultural dent of the National Association of Clean life of Philadelphia. Through its lectures, panel Water Agencies, NACWA. Mr. CONNOLLY of Virginia. Madam Speak- discussions, authors’ talks, films, children’s ac- Mr. Theerman is an accomplished leader er, I rise today to recognize Nascent Solu- tivities, theater, and music, this museum edu- and committed environmental steward. He has tions, Incorporated on its fifth anniversary. cates us all about the rich cultural heritage of dedicated his career to the improvement of the Nascent Solutions is a humanitarian and de- Judaism in America. It has an impressive environment and public health in Missouri, and velopment organization headquartered in the record of preservation, conservation and col- throughout the Nation. Without a doubt, he is Commonwealth of Virginia which benefits sev- lections management and is the largest repos- ideally suited for this national leadership posi- eral impoverished African countries. itory of Jewish Americana in the world, with tion with NACWA. Founded in 2004 by Dr. Beatrice Wamey in Mr. Theerman has served Missouri through Fairfax Station, VA, Nascent Solutions has more than 25,000 objects. Honoring and remembering the American his work at MSD for over 25 years. In October grown over the past 5 years with the help of Jewish experience is crucial to a deeper un- of 2003 he was named MSD’s executive direc- donations and partnerships with other inter- derstanding of our values as Americans. Lo- tor, willingly and ably accepting accountability national and faith-based organizations. Now cated at the birthplace of American liberty, this for all aspects of the utility’s operations. registered as a Public Volunteer Organization institution represents our freedoms, the same As MSD’s executive director, Mr. Theerman with the United States Agency for International freedoms that have made it possible for Jew- leads one of the Nation’s largest wastewater Development, this organization is devoted to ish Americans to flourish. and stormwater management utilities, pro- building the capacity for the poor in rural Afri- Madam Speaker, I am proud to offer my on- viding services to approximately 1.4 million ca to achieve self-sufficiency and assume total going support for the National Museum of people in the city of St. Louis and St. Louis responsibility for their well-being. American Jewish History and for its project of County. Under his leadership the MSD cur- Among the organization’s primary objectives preserving the material culture of Jewish rently operates seven wastewater treatment are care for orphans and vulnerable children, Americans. It is my belief that we must recog- facilities, treating an average of 330 million literacy and skills development, basic health nize the great efforts of this institution to edu- gallons of water per day and maintaining and child care, agricultural development and cate Americans about this important piece of 9,649 miles of sewers. food security, and protection of the rights of our shared history. Since joining others in founding NACWA 40 women and children. This organization em- years ago, the Metropolitan St. Louis Sewer powers young people and women in under- f District has benefitted from his active engage- privileged African environments by providing TRIBUTE TO DR. ROSA ATKINS ment with the organization. A member of resources and skills development programs NACWA’s board of directors since 2004, Mr. that would have otherwise been absent from HON. THOMAS S.P. PERRIELLO Theerman has served as the organization’s their lives. Through these efforts, Nascent So- OF VIRGINIA secretary, treasurer and vice president. It is fit- lutions effectively responds to the immediate IN THE HOUSE OF REPRESENTATIVES ting that his election as president coincides needs of the people and encourages them to with the 40th anniversary of NACWA’s advo- Tuesday, June 8, 2010 recognize and strive to work towards their po- cacy on behalf of the Nation’s clean water tential. Mr. PERRIELLO. Madam Speaker, today I agencies—and the environment we all value Over the past 5 years, Nascent Solutions wish to recognize Dr. Rosa Atkins, who was so much. has been able to respond to natural disasters named Virginia’s Superintendent of the Year When I hear terms like ‘‘accountable’’ and with relief efforts, provide food and clothing to on May 20, 2010. Last October, U.S. Edu- ‘‘responsive,’’ I think of public servants like Mr. underprivileged children, improve the health of cation Secretary Arne Duncan attended a Theerman. Under his able leadership NACWA the African people through agricultural devel- roundtable discussion at Greenbrier Elemen- looks forward to proactively and effectively ad- opment, promote and expand civil rights, and tary—our Blue Ribbon school—with area dressing the complex 21st century water qual- improve the education system. This organiza- school superintendents. In that meeting, Sec- ity challenges we face as a Nation. tion models the selflessness and concern for retary Duncan saw in Rosa Atkins what we It is my sincere pleasure to congratulate Jeff humanity for which we all strive. see every day, and what the Virginia Associa- Theerman on becoming president of NACWA. Madam Speaker, I ask my colleagues to join tion of School Superintendents recognized I am certain his actions will ensure continued me in recognizing the vision and dedication of with this award—an educator fiercely deter- water quality progress for St. Louis, Missouri, those individuals who have worked to create mined to lift all of her students. and the Nation.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.016 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1026 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 IN RECOGNITION OF THE RECIPI- ows, Suzanne Obetz, Roger Pelletier, Angela RECOGNIZING BEN ARREDONDO, ENTS OF THE 2010 VOLUNTEER Pelletier, Pamela Sackett, Bill Scott, Barbara RETIRING MEMBER OF THE PRINCE WILLIAM, VOLUNTEER Ziman, Kareen Attreed, Brenda Caricofe, TEMPE CITY COUNCIL APPRECIATION AWARDS Nerine Clemenzi, Sandra Dawson, Kathryn Fullerton, Leslie Harris, Kelly Hunsaker, Chris HON. HARRY E. MITCHELL HON. GERALD E. CONNOLLY LeGrand, Sandy Melson, Gay Misso, Janice OF ARIZONA Overman, John Overman, Joanne Porreco, OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Patsy Smith, Winnie Tierney, Linda Weeks, Pat Wink, Mary Anne Burgess, Maria Burgess, Tuesday, June 8, 2010 Tuesday, June 8, 2010 Rose Ann Carlsen, Sharon Dougherty, Flor- Mr. MITCHELL. Madam Speaker, I rise Mr. CONNOLLY of Virginia. Madam Speak- ence Gish, Linda Lasko, Michaeleen today in recognition of Ben Arredondo and his er, I rise to recognize the recipients of 2010 McGettigan, Nellie Elaine Armstrong, Elizabeth 16 years of service as a member of the Volunteer Prince William, Volunteer Apprecia- Cardinal, Norma Newbold, Nikki Ott, Lucille Tempe City Council. I wish to thank him for tion Awards. Selfridge, Wanda Simpson, Linda Stauffer, his dedication to public service and look for- Every year since 1981, Volunteer Prince Carolyn Werle, Jill Wiest, Don Wiest, Diana ward to seeing his future accomplishments William and the Volunteer Coordinators Net- Turner, Patrice Malley, Avery Born, Dave within our community. work host a Volunteer Recognition Ceremony. Born, Sue Born, James Craft, Joanne Craft, Councilmember Arredondo’s contribution to The organizations gather and celebrate the Gisela Glodeck, Phyllis Ingram, Phil Maddox, Tempe has been both earnest and extensive. accomplishments of hundreds of Prince Wil- Kyle Maddox, Matt Maddox, and Bonnie His years of teaching and service on school liam volunteers. These citizens of all ages and Swank. boards and the City Council have revealed abilities work in agencies throughout the com- Juvenile Detention Center: Substance him to be a fierce champion for improvement munity to help citizens in need; feeding the Abuse Prevention, Virginia Hills Youth Min- of education and commitment to our youth and hungry, building houses, keeping seniors safe istries, Ebenezer Baptist Youth Ministries, First to the community. As a former teacher and in their homes, tutoring children, protecting our Mt. Zion Youth Services, Friends of Juvenile Mayor of Tempe, I respect and share Ben’s resources, sharing our history, responding to Detention Center Youth Ministries, Girls Circle, commitment to public service and education, disasters or simply being a good neighbor. Greenhouse Gardening with Youth Master and wish to thank him for his tireless efforts It is my pleasure to enter into the CONGRES- Gardner, Heritage Fellowship Youth Ministries, and leadership. SIONAL RECORD the recipients of the 2010 Vol- Life Skills Instructor, Reconciliation Community Though Ben will be retiring from the Tempe unteer Prince William, Volunteer Appreciation Church, St. Francis Youth Ministries, Youth City Council, his service to his community will Awards. Ministries from St. Francis Middle School, St. surely continue in other capacities. Also, his 31st District Court Service Unit: Pamela Paul’s Youth Ministries, Success Oriented Stu- family’s legacy of service to Tempe will con- Millett, Charles Trepel, Sharon Stefl, Lindsey dents-Court Smart, Star of Bethlehem Youth tinue through his niece, Robin Arredondo-Sav- Washington, Christopher Taylor, Kalisha Ministries, Tri-County Ministries, Youth Out- age, who was recently elected to the City Spence, and Kiara Ayenson. reach Services-Youth Services, and St. Mark’s Council. I am honored to call Ben a friend, Action in Community Through Service: Dave Lutheran Friendship House. and I wish him all the best in his next endeav- Forcier, Elsa Lewis, William Parker, Mocha Prince William County Police Department: or. Moms, Lee McCormack, Latonya Thomas, Bill Graham, Barbara Merer-Brice, Rick Madam Speaker, please join me in recog- Alexis Thompson, Shakira McEachren, Mensch, Lee Ann Smith, Vicky Smith, Karen nizing Ben Arredondo’s 16 years of out- Jalishka McEachern, Martha Hendley, Beth Wilkens, Chaplain J. Douglas Duty, Jr., Ed standing service as a member of the Tempe Madden, Jason Burgess, and Mary Manning. Roman, Dave Whitman, and Patricia Whitman. City Council. Citizen Corps Council: Howard Horner, Matt Prince William County Sheriff’s Office: Mike f Dixon, Jacob Koch, Jonathan Leonhard, Fradette, Paula Adams, Nikki Adams, Ritchie Debra Bobbitt, Pastor Heath Butler, Tom Dennison, Tom Muddiman, Bryan Kelly, Jim NATIONAL DEFENSE AUTHORIZA- Wheeler, Katherine Wheeler, Camille Apicella, Lippold, Jack Fulmore, E. Phillips Grier, TION ACT FOR FISCAL YEAR 2011 Miquela Apicella, Joe Hall, Shane Hall, Lori Burnadeane Day, Betty Ann Blanton, Sharon Hall, Griffiin Peters, Beth Peters, Vivian Livingston, Sandy Sindlinger, Debbie Stryker, SPEECH OF Rivero, Kayla Hernandez, Karina Hernandez, and Jamie Esquerra. HON. SHEILA JACKSON LEE Jamie Shalvey, Danielle Johnson, Dorothy Hill, Project Mend-A-House: Dean Quick, Scott OF TEXAS Peggy Ho, Christian Reotuter, Melissa Sells, Linda Pulley, Jeff Hintosh, Howard IN THE HOUSE OF REPRESENTATIVES Murden, Brian Shaw, Tyler Bezek, Zachary Horner, Raymond Stuckey, Laurie Zeiszler, Bezek, James Harbour, John Harbour, George Brian Henkel, Robin Bales, Joe Swetnam, Thursday, May 27, 2010 Killian, Paul Neiderer, Sam Neiderer, Conor Walt Koscinski, Marti Hale, and Myrna Andres. The House in Committee of the Whole Sanderson, Gregory Stoffa, Caleb Voelker, Retired & Senior Volunteer Program: Penny House on the State of the Union had under Forest Voelker, Spencer Voelker, Bill Bezek, Spatzer, Ellen Newdorf, Linda Pulley, Dave consideration the bill (H.R. 5136) to authorize Mark Harbour, David Neiderer, Albert Stoffa, Forcier, Bob Finch, Ed Roman, Mitzi Roman, appropriations for fiscal year 2011 for mili- Danielle Voelker, Jordan Tibbs, Jonathan Kim Roman, Janelle Bryant, Ronda Davis, tary activities of the Department of Defense, Tibbs, Devante Thomas, Joan Beaner, Dan Jayne Frelin, Anna Griffin, Leticia Click, Pete to prescribe military personnel strengths for Bergin, Silvana Ellis, Dave Ellis, and Alexis Click, JoAnn Barron, Cindy Zelinski, and Cara such fiscal year, and for other purposes: Thomas. Sundholm. Ms. JACKSON LEE of Texas. Mr. Chair. I Habitat for Humanity: Mark Luiggi, Lynn SERVE—A Program of Northern Virginia rise in support of the National Defense Author- Ashe, Steve Fedos, Betty Reichert, Jasmin Family Services: Mickey Heyward, Ginny Hey- ization Act for Fiscal Year 2010. As a member McDonald, George Braun, Frank Jacquette, ward, Amy Sue Huheey, Rob Huheey, Justine of both the Foreign Affairs and Homeland Se- David Dallas, Marci Swanson, Irene DuBois, Huheey, John Durkin, Maggie Hart, Anna curity Committees, I support Chairman IKE Marlena Kauer, Al Harris, Sheila Lueking, Hooker, Esther Caesar, Marilyn Ruland, Leigh SKELTON and the Democratic leadership’s in- Lynn Eklund, Mayumi Ferrin, Christina Arllen, Anderson, Sue Johnston, Rana Chehreh, Tom vestment in our military to increase our na- Jessica Baker, Jody Miller, Bob Gainer, Sarah Bohacek, Steve Fritter, Ralph Lickey, Jane tional security. I support our men and women Awwad, Shawn Byers, Joseph Bolos, Donita Lickey, Pat Margolies, Howard Margolies, Don in the armed forces and our need to ensure Ruehs, Jarvis Jones, Patricia McKenzie, Kelli Shaw, Mona Shaw, Paul Perdue, and Rachel our national security. Akremi, David McKissick, Josue Garcia, Iain Hall. This defense bill reflects our commitment to Shaw, and Kelly Atkinson. Volunteer Prince William: Connie Beck. support the men and women who fight to se- Manassas Park Police Department: Tricia Madam Speaker, I ask my colleagues to join cure not only our citizen’s freedom, but the Sutherland and Heather Gustin. me in commending the recipients of the 2010 freedom of others. This bill will provide the Prince William County Historic Preservation Volunteer Prince William, Volunteer Apprecia- necessary resources to protect the American Division Volunteers: Morgan Breeden, Mary tion Awards. A vibrant and robust culture of people and our national interests at home and Kay Breeden, Daniel Breeden, Vanessa Bulk, volunteerism is the backbone of a healthy abroad. The Armed Services committee has Gladys Eanes, David Eanes, Charles Elder, community. I extend my appreciation to the provided for military readiness; taking care of Kenneth Garlem, Kyle Lee, Howard Margolies, dedicated individuals who selflessly contribute our troops and their families; increasing focus Pat Margolies, Tony Meadows, Georgia Mead- their time to alleviating the plight of others. on the war in Afghanistan; and improving

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.008 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1027 interagency cooperation, oversight, and ac- Incidents like this bring light to the types of provide trained experienced physicians, countability in this year’s defense authorization issues our military service men and women nurses, therapists and other healthcare profes- bill. face on a daily basis. When I visited Fort sionals the necessary services to treat post I thank the Chair for this opportunity to ex- Hood, and spoke with the victims of the shoot- traumatic stress disorders for enlisted per- plain the amendments I propose to the Na- ing, I was reminded that we can not ignore the sonnel, National Guards, Reservists and vet- tional Defense Authorization Act for Fiscal side effects of military service, and we must erans discharged and/or on leave of duty. In Year 2010. My first amendment would require ensure that both the physical and mental addition, Riverside will provide psychiatric, the Secretary of Defense to provide a report, health of those who serve our country is care- medical emergency medical inpatient, and out- not later than December 1, 2010 to the Con- fully attended. patient services. gressional Black Caucus, that includes a list of Although the shootings all took place on one It is time to end this distinct method of dis- minority-owned, women-owned, and disadvan- day, they will leave a legacy on each soldier, crimination and we should not rest until this taged small businesses, who receive contracts contractor, and civilian on the base. Many message is clear. Every American has the resulting from authorized funding to the De- base personnel, like Sergeant Munley and Ms. right to stand among their peers to undertake partment of Defense. The list shall cover the Bahr witnessed events as horrific as those on the noble task of defending this great nation. 10 calendar years preceding this Act and shall any battlefield. Similar to returning from the The U.S. military loses patriotic and talented include for each listed business, the name of battlefield, soldiers and contractors who were men and women every day due to the dis- the business, the business owner and the at Fort Hood must go through a painful reha- criminatory ‘‘Don’t Ask Don’t Tell’’ policy. amount of the contract award. bilitation process to come to terms with the Since 1993, DADT has forced over 13,000 Mr. Chair, I have long supported efforts to events they witnessed and experienced. qualified and patriotic men and women to increase opportunities for small businesses, There have been numerous reports of En- leave the service. It has made many thou- especially those that are minority-owned, listed Personnel, National Guards, Reservists sands more decide not to re-enlist. There is women-owned and disadvantaged. We know and Veterans suffering from PTSD-like symp- empirical data existing in the Armed Services that small businesses are the engine to our toms for well over 100 years. Some examples of our allies as we stand with them in Iraq and economy and that they provide much needed are veterans of U.S. Civil War who suffered Afghanistan. The militaries of the United King- support for communities across the country. emotional problems and were said to be af- dom, Canada, Australia, Israel and the Nether- Small businesses employ 57.4 million Ameri- flicted with ‘‘soldier’s heart’’ or ‘‘Da Costa’s lands are clear examples that, in spite of con- cans. Many Americans seek to fulfill the Amer- Syndrome’’, veterans of World War I was diag- cerns before the change, it became a ican dream by becoming small business own- nosed as ‘‘shell shocked’’, veterans of World nonissue once gays and lesbians were al- ers and everyone in the United States should War II were classified with ‘‘battle fatigue’’ or lowed to serve. Now we must do right by all be given the same opportunity to fulfill that ‘‘combat fatigue’’. Other terms used to de- of our American warriors and move forward to- dream. scribe military-related mood disturbances in- gether on repealing DADT. Women and minorities have long been dis- clude ‘‘nostalgia’’, ‘‘not yet diagnosed nervous- In 1965 as the commencement speaker at advantaged when it comes to getting business ness’’, irritable heart’’, effort syndrome’’, ‘‘war Howard University, President Johnson stated, opportunities and it is important to provide neurosis’’ and ‘‘operational exhaustion’’. War ‘‘We seek not just equality as a right and a educational resources that will enable women, veterans are the most publicly-recognized vic- theory but equality as a fact and equality as a minorities and other disadvantaged business tims of PTSD; long-term psychiatric illness result.’’ Do we deny the freedom of an openly owners to arm themselves with the necessary was formally observed in World War I and the gay man or woman who serves in our mili- tools they need to operate viable and thriving syndrome entered public consciousness after tary? The ‘‘Don’t Tell, Don’t Ask,’’ policy vio- businesses. This will only improve commu- the Vietnam War. lates both openly gay men and women con- nities throughout the United States. Enlisted Personnel, National Guards, Re- stitutional rights to privacy and their right to be My second amendment would make avail- servists and Veterans with PTSD have lived treated equally with heterosexuals. I support able post-traumatic stress counseling for civil- through traumatic events that caused them to the ‘‘Don’t Tell, Don’t Ask Repeal,’’ policy. ians affected by the Fort Hood shooting, and fear for their lives, bear witness to horrible We must maintain our efforts to restore mili- shootings at other domestic military bases. things, and feel helpless and hopeless. PTSD tary readiness in order to meet current military Many of those who passed in the November symptoms usually start soon after the trau- challenges and prepare for the future, and ci- shooting were at Fort Hood preparing to risk matic event, but they may not manifest until vilians area a major part of the military readi- their lives for our country. I would like to ex- months or years later. If provided proper med- ness equation. Importantly, this defense bill: press my deepest sympathies for the loss of ical care, about half, 40 percent to 60 percent, Establishes a $500 million DOD Rapid Inno- these 13 soldiers. My thoughts and prayers go of people who develop PTSD get better at vation Program to help DOD quickly transition out to their families during their time of be- some time. innovative, life-saving equipment from small reavement. It is unacceptable that soldiers Although veterans who served in combat businesses and other innovative firms into the should fear attacks on American soil. I want are most frequently afflicted by PTSD, events hands of our men and women in combat. the military and their families to always be pro- such as the Fort Hood shooting highlight the Authorizes $2.6 billion for Homeland De- tected as they are the backbone of American physical and psychological dangers facing fense and counter proliferation activities, in- society. It is not only our soldiers who make military personnel in all roles. Consequently, it cluding $1 billion for the Defense Threat Re- sacrifices to protect our great nation, but their is extremely vital to extend to our civilian per- duction Agency and $1.6 billion for the Chem- families and civilians as well. I am deeply sad- sonnel the same benefits and support that we ical Biological Defense Program. dened and troubled by the shootings at Fort give to our active duty military. Civilians and Fully funds the $20 million budget request Hood, especially because soldiers and their military members on Fort Hood have equal re- for two cyber security new start programs. families from my own district are there. sponsibility to protect our nation and, as such, Expands ‘‘1206 funding’’ authority to build I want to commend the soldiers at Fort it is morally imperative that we honor these ci- the capacity of foreign military forces to partici- Hood for their valiant and selfless acts of brav- vilians by providing then with equal support in pate in military and stability operations to sup- ery. Soldiers rushed to treat their injured col- the aftermath of such traumatic incidents. port efforts in Iraq and Afghanistan, including leagues by ripping their uniforms into make- I have worked with my colleagues to secure $75 million to build the capacity of counterter- shift bandages. The top commander at Fort $1 million in Federal funding in the Fiscal Year rorism forces of the Yemeni Ministry of the In- Hood is crediting a civilian police officer, Sgt. 2010 Defense Appropriations Bill for Riverside terior. Kimberly Munley, for stopping the shooting. General Hospital in Houston, Texas. Riverside Extends DOD’s Pakistan Counterinsurgency Fort Hood police Sgt. Kimberly Munley and General Hospital was founded due to the he- Fund through FY11. her partner responded within three minutes of roic efforts of veterans in the First World War. Provides $200 million to address urgent reported gunfire, and Munley shot the gunman Riverside General Hospital, formerly the Hous- force protection needs in Iraq and Afghani- four times despite being shot herself. ton Negro Hospital was erected in 1926 in stan. Another story of heroism is that of 19 year memory of Lieutenant John Halm Cullinan, Authorizes $9.7 billion for unclassified Na- old Amber Bahr. The nutritionist put a tour- 344th FA, and 90th Division AEP. Today, Riv- tional Security Space programs, including $40 niquet on a wounded soldier and carried him erside General Hospital is the only private Afri- million for additional ORS satellites to meet out to medical care. And only after she had can-American-owned hospital in the state of commanders’ urgent needs. taken care of others did she realize she had Texas that is contracted to provide inpatient Provides a 1.9 percent pay raise to troops. been shot. Both women heroically intervened psychiatric and inpatient detoxification services Expands TRICARE health coverage to in- despite being shot. to TRICARE Beneficiaries. These funds will clude adult dependent children up to age 26.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.020 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1028 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 Increases family separation allowance for lead. Hendersonville managed to pull back Mark Vernick. This action speaks to the troops who are deployed away from their fami- ahead, but Nantahala fell only three points strength of his integrity. It is for this reason lies. short of playing in the regional finals for a spot that I offered Mr. Preciado a replacement Increases hostile fire and imminent danger in the North Carolina State championship ‘‘Star of Life’’ medal. pay for the first time since 2004. game. Madam Speaker, please join me in recog- Expands college loan repayment benefits. Some of the team achieved special recogni- nizing the presentation of the ‘‘Star of Life’’ Includes the most comprehensive legislative tion for their outstanding seasons. Wesley medal to Mr. Francisco Preciado. package to ever address sexual assault in the Holden averaged 13 points per game and was f military, including 28 provisions to implement selected to play in the Blue-White all-star HONORING THE CONTRIBUTIONS into law many of the recommendations of the game. Josh Griffith, averaging 18 points per OF INNOVATOR AND PHILAN- Defense Task Force on Sexual Assault. game, was selected to play in the Blue-White THROPIST JOHN SOTO Establishes a pilot program to offer an alter- all-star game and the regional all-tournament native career path to military officers, providing team. Coach Josh Taylor and Assistant Coach a broader range of experiences over a longer Tom Dillard have created a strong program, HON. ROSA L. DeLAURO career. and I doubt this is the last we have heard from OF CONNECTICUT Establishes a pilot program to help military this small school in the mountains. IN THE HOUSE OF REPRESENTATIVES spouses take advantage of their personal skill Madam Speaker, I ask my colleagues to join Tuesday, June 8, 2010 sets to identify and obtain desirable and port- me in recognizing the impressive Nantahala Ms. DELAURO. Madam Speaker, I rise able careers. School basketball team for their accomplish- today to honor a self-made man and former Authorizes an additional special one-time ments and wishing them continued success in New England Businessman of the Year, and payment to seriously wounded future years. one who has given of himself time and again servicemembers to pay for the relocation costs f to improve our Connecticut community—John of their caregivers; PERSONAL EXPLANATION Soto. Provides $1.2 billion with broad authorities After a boyhood in Puerto Rico and some for projects in Afghanistan to allow our com- apprenticeship in the business and mechanical manders on the ground to immediately re- HON. SAM GRAVES arts as a machinist in Manhattan, John found- spond to military construction needs in theater. OF MISSOURI ed Space-Craft Manufacturing, Inc. in Milford, In closing, I hope my colleagues will join me IN THE HOUSE OF REPRESENTATIVES Connecticut in 1970. Starting with just four in support of H.R. 5136. I believe we are all Tuesday, June 8, 2010 employees, Space-Craft has, thanks to John’s on one accord that without reservation we eye for innovation and business savvy, grown Mr. GRAVES. Madam Speaker, on Thurs- support our men and women of the United to become an industry leader in aircraft engine day, May 19, 2010 and Monday, May 24, States military. I support this bill and I ask my and airframe components over the past four 2010 through Friday, May 28, 2010 I was un- colleagues to support my proposed amend- decades, even earning the National Supplier able to be in Washington, DC due to a family ments and H.R. 5136. of the Year award from the U.S. Air Force in emergency and thus missed several rollcall f 2001. votes. Had I been present, I would have voted These entrepreneurial and engineering ac- HONORING THE NANTAHALA ‘‘yea’’ on Nos. 276, 278, 279, 280, 281, 282, SCHOOL BASKETBALL TEAM OF complishments have been matched by John’s 283, 291, 292, 293, 294, 295, 296, 297, 298, passion for community service and a strong MACON COUNTY, NORTH CARO- 299, 300, 301, 302, 303, 304, 305, 308, 309, LINA commitment to public investment. So that oth- 310, 311, 312, 313, 314, 320, 326, 327, 328, ers may follow in his footsteps, John has 329, 330, 331, 333, 335 and ‘‘nay’’ on Nos. founded several scholarships for Latino stu- HON. HEATH SHULER 277, 306, 307, 315, 316, 317, 318, 319, 321, dents and been a continual presence in Con- OF NORTH CAROLINA 322, 323, 324, 325, 332, 334, 336. necticut inner-city schools. He has also con- IN THE HOUSE OF REPRESENTATIVES f tributed generously to Youth at Risk, Junior Tuesday, June 8, 2010 RECOGNIZING THE ‘‘STAR OF Achievement, New Haven’s Latino Youth De- Mr. SHULER. Madam Speaker, I rise today LIFE’’ AWARD RECIPIENT FRAN- velopment Program, and other very worthwhile to honor the basketball team of the Nantahala CISCO ‘‘CISCO’’ PRECIADO organizations aimed at helping Connecticut’s School in Macon County, North Carolina. The underprivileged and least fortunate. In both his company’s success and his dedi- team had an exceptional season, finishing with HON. HARRY E. MITCHELL cation to public service, John has been an a record of 23–7 and an appearance in the re- OF ARIZONA embodiment of the American dream. From gional semi-final game. IN THE HOUSE OF REPRESENTATIVES Their season would be considered impres- modest beginnings, he has contributed might- sive for a team from any school, but this team Tuesday, June 8, 2010 ily to his community, his state, and to the comes from remarkable circumstances. There Mr. MITCHELL. Madam Speaker, I rise United States military. I congratulate him and are only 36 students in the school, 18 of which today in recognition of Mr. Francisco ‘‘Cisco’’ his wife Gladys on this long career of personal are men. Over half the eligible students play Preciado, to whom the ‘‘Star of Life’’ medal, a success and public service, and I know that on the basketball team. From one of the national award which recognizes the country’s they will continue to be a credit to our district smallest schools in the State of North Caro- most outstanding Paramedics and Emergency for years to come. lina, this group of young men was able to hold Medical Technicians, was re-presented. f their own against teams from much larger Previously a member of the U.S. Navy and HONORING CRAIG BIEGEL schools. U.S. Coastguard, Mr. Preciado started his ca- Making their success less probable, the reer as a paramedic in 2005. His efforts estab- HON. CAROLYN McCARTHY lished him as a dependable worker who was school graduated some excellent basketball OF NEW YORK players last year, retiring three jerseys. The one of the best and brightest in his field. In IN THE HOUSE OF REPRESENTATIVES class of 2009 accounted for over 3,000 career 2009, his hard work under Southwest Ambu- points. Fortunately, this year’s seniors—Jor- lance was recognized in the form of the pres- Tuesday, June 8, 2010 dan West, Wesley Holden, Josh Griffith, tigious ‘‘Star of Life’’ medal. Preciado gave Mrs. MCCARTHY of New York. Madam Jerrod Crosby, and Woody Passmore—were away his medal earlier this year, in a touching Speaker, I rise today to recognize Craig equally impressive in fulfilling their leadership tribute to a friend and co-worker—EMT Mark Biegel, the Award of Merit Winner for the 4th roles. Vernick—who was killed in a motorcycle colli- Congressional District’s high school art com- The team’s final game against Henderson- sion. In what he thought was a private tribute, petition, ‘‘An Artistic Discovery.’’ An Artistic ville High School in the regional semifinals Preciado placed his medal in Vernick’s casket. Discovery recognizes and encourages the ar- was a testament to their perseverance. Trail- I extended this honor again not only to com- tistic talent in the nation, as well as in each ing at one point by 16 points, it seemed the mend his performance as a paramedic, but to congressional district. The Congressional Art odds were against them. Still, the team played pay tribute to the quality of his character. Mr. Competition began in 1982 to provide an op- with everything they had. With 43 seconds re- Preciado unselfishly placed his original medal portunity for Members of Congress to encour- maining, Jordan West gave Nantahala the inside the casket of his friend and co-worker, age and recognize the artistic talents of their

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.021 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1029 young constituents. Since then, over 650,000 the same level of corporate tax as similarly sit- HONORING CECIL GROVES FOR HIS high school students have been involved with uated publicly traded corporations. This would SERVICE TO SOUTHWESTERN the nationwide competition. free them to invest dividends from foreign COMMUNITY COLLEGE AND Craig Biegel, a resident of the 4th Congres- sources into the U.S. economy helping to cre- WESTERN NORTH CAROLINA sional District, is currently a senior at ate much-needed jobs here in America. Lynbrook High School in Lynbrook, New York. I urge my colleagues to join me in sup- HON. HEATH SHULER Mr. Biegel offered his piece, ‘‘Angioplasty’’, porting this legislation. OF NORTH CAROLINA which was an acrylic on canvas painting de- f IN THE HOUSE OF REPRESENTATIVES picting a close-up view of the inside of the RECOGNIZING FOUNTAIN HILLS Tuesday, June 8, 2010 heart with a catheter in the aorta, leading to a HIGH SCHOOL’S UNOFFICIAL stent insertion in the right coronary artery. Mr. SHULER. Madam Speaker, I rise today GUINNESS WORLD RECORD IN Craig’s attention to detail in this piece is cer- to honor Dr. Cecil Groves for his 40 years o POTATO LAUNCHING tainly a testament to his achievement. service in higher education and to congratu- The contest in the 4th Congressional District late him on his retirement after 13 years as continues to flourish and I owe it to all of the HON. HARRY E. MITCHELL president of Southwestern Community College talented students like Craig from our high OF ARIZONA in Sylva, North Carolina. Under his leadership, schools that submitted their art to be displayed IN THE HOUSE OF REPRESENTATIVES Southwestern experienced significant expan- in this distinguished contest. It is essential for Tuesday, June 8, 2010 sion, serving as a catalyst for further growth art programs and curricula to remain in our Mr. MITCHELL. Madam Speaker, I rise throughout the region. schools and communities. I believe that having today to recognize an outstanding group of Dr. Groves received his Ph.D. in Higher a forum for our young people to express them- chemistry students from Fountain Hills High Education Administration from the University selves in a creative way is extraordinarily im- School, who unofficially broke the Guinness of Texas. His first job was as the president of portant and I will continue to work in Congress World Record for most potatoes launched in Delgado College in New Orleans, Louisiana. to ensure that the arts are preserved. three minutes. Dr. Groves was able to lead Delgado College The future of this country depends on the The students in AP chemistry and honors- to national accreditation in the midst of the tur- hopes and dreams of its children. Our commu- chemistry classes used savvy, creativity and moil of desegregation. Seven years later, he nity, and our nation, is enhanced by the con- teamwork to break an existing Guinness World became President of Austin Community Col- tributions of students like Craig Biegel. Addi- Record. Although Guinness has yet to officially lege in Austin, Texas. In a city dominated by tionally, I would like to recognize the work of acknowledge the record, I am confident that a major research university, Dr. Groves cre- the teachers and administrators at Lynbrook the evidence is sufficient and that approval will ated a model of the community college as a High School who dedicate their lives to their be received shortly. One student, Fountain stepping stone to enrollment at a four-year students. The staff is the backbone of the stu- Hills junior Kyle Link, nearly doubled the pre- university. He grew Austin Community College dents’ success and I thank them for all that vious record of potatoes launched in three into a 16,000 student campus, creating jobs they do on a daily basis. minutes. and allowing students a pathway to achieve Madam Speaker, it is with pride and admira- In all, seven different teams broke the their dreams. tion that I offer my thanks and recognition to record, demonstrating tactfulness in assem- After working at Pikes Peak Community Col- Craig Biegel. bling their launchers. The students used ap- lege in Colorado Springs, Colorado and serv- f plied lessons in engineering, technology, and ing as Provost of Texas State Technical Col- chemical gas laws while constructing these leges System, Dr. Groves moved to the moun- INVESTING INCOME AT HOME ACT devices. tains of Western North Carolina to become the OF 2010 I would also like to recognize Dr. Paul president of Southwestern Community Col- McElligott, head of the science department at lege. He would transform this small school HON. LINDA T. SA´ NCHEZ Fountain Hills High School, for his leadership with a strong sense of community into one of OF CALIFORNIA and instruction in the record-breaking feat. the best community colleges in the nation. IN THE HOUSE OF REPRESENTATIVES Along with breaking world records, Dr. During his tenure, Southwestern Community McElligott is in contention to receive a pres- College opened a new campus in Macon Tuesday, June 8, 2010 tigious Lemelson-MIT Grant worth $10,000 to County, North Carolina and graduated the Ms. LINDA T. SA´ NCHEZ of California. fund his proposal regarding safety devices for largest class in its history. Dr. Groves insti- Madam Speaker, I rise today to introduce the handicapped patients. His dedication will in- tuted a new technology platform for delivering ‘‘Investing Income at Home Act of 2010.’’ This spire these students to aim to achieve great- education to students, offering Internet learn- legislation would increase investment in the ness in their current and future endeavors. We ing without sacrificing a sense of community. U.S. economy by allowing ‘‘closely held’’ com- need more fine educators like this man in our He encouraged teachers who found their most panies that earn money abroad to create country. effective teaching method to continue to suc- American jobs by investing overseas profits I am honored to call Dr. McElligott and his ceed, and he pushed those who struggled to here at home. This would be accomplished by students at Fountain Hills High my constitu- continue to work toward becoming better updating an outdated relic of the Tax Code, ents. Madame Speaker, please join me in con- teachers. Most importantly, he was widely the personal holding company, or ‘‘PHC,’’ tax gratulating them on their World Record. loved by the faculty, staff, and students. structure. f Even those in Western North Carolina who Under current law, a personal holding com- are not directly a part of the Southwestern OUR UNCONSCIONABLE NATIONAL pany’s undistributed income is taxed at 15 Community College family benefited from Dr. DEBT percent. This rate is scheduled to return to the Groves’ tenure. One of his biggest contribu- highest individual tax rate of 39.6 percent in tions to the region was the creation of the Bal- 2011 when the 2001 and 2003 tax cuts expire. HON. MIKE COFFMAN sam West FiberNET. After an attempt to con- Unfortunately the personal holding company OF COLORADO vert the school’s Interactive Television system tax has not evolved to keep up with modern IN THE HOUSE OF REPRESENTATIVES to digital proved too costly, Dr. Groves began business realities. Family-run companies can Tuesday, June 8, 2010 investigating a regional broadband system. be subject to this tax—which they would not Mr. COFFMAN of Colorado. Madam Speak- Southwestern Community College helped pay if they were publicly owned. er, today our national debt is bring together Drake Enterprises and the East- The Investing Income at Home Act will mod- $13,052,204,878,286.76. ern Band of the Cherokee to form Balsam ify the definition of ‘‘PHC income’’ to exclude On January 6th, 2009, the start of the 111th West FiberNET. This private, for-profit partner- dividends received from foreign affiliates if Congress, the national debt was ship constructed a 300-mile broadband ring, those dividends are reinvested in the United $10,638,425,746,293.80. benefiting both Southwestern Community Col- States. Importantly, these dividends brought This means the national debt has increased lege and the entire mountain community. back into the United States could not be used by $ 2,413,779,131,992.90 so far this Con- Outside of his duties as president, Dr. by any company to pay executive salaries or gress. Groves has taken an active interest in commu- benefits. This debt and its interest payments we are nity development—on a regional, state, and This bill will ensure closely held corporations passing to our children and all future Ameri- national level. He served as an appointed ad- impacted by the PHC tax regime would pay cans. visor to governors in two states and testified in

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.025 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1030 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 front of Congress. As a founding member of quake struck the desert town of Landers, through the New England Board of Higher the National Coalition for Advanced Manufac- causing widespread damage and disruption to Education providing annual scholarships for turing, a part of the National Association of the area. He stayed on the air and was the deserving students in the region. This work Manufacturers, and the National Coalition for only source of news for many of the desert also forged new opportunities for United Advanced Technology Centers, Dr. Groves residents cut off by the quake—an effort that States colleges and universities with a strong has helped modernize U.S. manufacturing and won him yet another award for broadcasting focus on New England, specifically on Massa- education technology. He has also been active excellence. chusetts, as representatives of several New in successfully recruiting several companies to Gary has been recognized by the Associ- England institutions were hosted by then Sec- conduct business in the regions where he ated Press for breaking more than 40 national retary Zhu at the Beijing Education Expo, a worked. and major regional news stories over the showcase of the promise of global education. Dr. Groves is now retiring and moving clos- years. In 2000, KCDZ was declared ‘‘station of Educational leaders exchanged ideas, and as er to two of his children. Madam Speaker, I the year.’’ He was given the prestigious Mark a result, opportunities for educational ex- ask my colleagues to rise with me to thank Dr. Twain Award for news writing in small market changes were expanded creating new frontiers Groves for his many years of invaluable serv- radio and the Golden Mike award for best for American students to pursue studies in ice to both Southwestern Community College small market radio news broadcast. China and similar opportunities for Chinese and the broader mountain community of West- Gary Daigneault is considered a community students to benefit from programs offered in ern North Carolina. leader in Twentynine Palms. He is the presi- American colleges and universities from coast- f dent of the Theatre 29 community theater to-coast. group, president of the Twentynine Palms Now under Mr. Zhu’s leadership, the city of COMMENDING GARY DAIGNEAULT Chamber of Commerce and the immediate Nanjing has embarked on a new initiative in OF TWENTYNINE PALMS, CA ON past president of the local Rotary Club. He an effort to strengthen the bridge of partner- HIS SELECTION TO THE BROAD- has also served twice as president of APTRA, ship between the United States and China. CASTER HALL OF FAME and has taught broadcasting classes for the Nanjing has created a number of avenues in- past 21 years. viting United States companies and univer- HON. JERRY LEWIS Madam Speaker, Gary Daigneault has been sities to expand opportunities into the Chinese OF CALIFORNIA the voice of news for an important part of my market. In 2010, the City of Nanjing is sched- IN THE HOUSE OF REPRESENTATIVES district for the past three decades, and he and uled to host conferences on Global Innovation Tuesday, June 8, 2010 his wife Cindy have been community leaders in China, Global Entrepreneurship in China in the eastern desert area of California. His and Global University—R&D City. The con- Mr. LEWIS of California. Madam Speaker, I election to the radio-television news Hall of ferences are expected to create special oppor- rise today to join the community of Twentynine Fame is much deserved, and I ask you and tunities to develop concepts for development Palms and the Morongo Basin of California in my colleagues to join me in congratulating him opportunities for green energy, life science congratulating long-time broadcaster Gary and thanking him for his lifetime of service. and related industries. Small and mid size Daigneault in being named to the Associated f American companies may wish to explore of- Press Television-Radio Association Hall of fering technologies to improve the life of Chi- Fame. NANJING CITY, A MODEL FOR nese citizens and expand their business hori- Gary Daigneault has been on the air for 31 INTERNATIONAL COOPERATION, zons. years as a newscaster in the eastern desert EXPANDING EDUCATIONAL, IN- One of the innovative American enterprises area of California known as the Morongo NOVATIVE AND ENTREPRE- prepared to explore such potential opportuni- Basin. When he went to work for stations NEURIAL PARTNERSHIPS BE- ties calls Gloucester, Massachusetts and the KDHY/KQYN in 1979, the area was made up TWEEN THE UNITED STATES 6th Massachusetts congressional district its of small towns with a few thousand people AND CHINA IN A SPIRIT OF home. Free Flow Power is looking to expand scattered over vast desert vistas. I came to GLOBAL COOPERATION opportunities to develop and manage hydro- know both the desert communities—and power and hydrokinetic facilities to generate Gary—as the member of Congress for the HON. JOHN F. TIERNEY clean renewable energy from flowing water. area. He was a bright and earnest young re- OF MASSACHUSETTS They will join other companies from across the porter serving a small but devoted radio audi- IN THE HOUSE OF REPRESENTATIVES country in Nanjing. ence. Tuesday, June 8, 2010 I would like to acknowledge the efforts of Over the years, the small towns of Yucca the City of Nanjing and its leaders as well as Valley, Joshua Tree, Morongo Valley and Mr. TIERNEY. Madam Speaker, I rise today those of the American participants in the pro- Twentynine Palms have grown dramatically, to speak about a model for international co- gram for having a vision that looks to the fu- with tens of thousands of people now tuning in operation that is said to hold promise and future by supporting a stronger educational ex- to listen to Mr. Daigneault, who has been the ture opportunities for the United States. The change and the potential for green energy and community’s voice for news with a morning City of Nanjing is working to improve the qual- technology partnerships in a spirit of global co- news program for the entire 31 years. ity of life of its residents with a global initiative operation between the United States and Mr. Daigneault invested in the community that has potential to create a great opportunity China. and became an owner-broadcaster in 1989 for some in the United States. f when he and his wife Cindy started up their For over a decade, the City of Nanjing, own station, KCDZ, making local news a pri- China, under the leadership of Secretary Zhu GRAND OPENING OF THE MADISON ority. Shanlu, has reached beyond the borders of STREET VETERANS TRANSI- Although the area is still considered a the People’s Republic of China to create new TIONAL HOUSING CENTER ‘‘small market’’ for news, it is one with a world- strategies in education, innovation and entre- wide focus because it is home to the Marine preneurship, increasing the level of under- HON. HARRY E. MITCHELL Corps Air-Ground Combat Center, a premier standing between our two nations and stimu- OF ARIZONA training center that has hosted tens of thou- lating U.S.-China idea exchange. It is ex- IN THE HOUSE OF REPRESENTATIVES sands of Marines each year. Many of those pected that this international cooperative initia- Marines now living around the country would tive will inure to the benefit of the residents of Tuesday, June 8, 2010 recognize the voice of Mr. Daigneault, who Nanjing as well to the residents of the United Mr. MITCHELL. Madam Speaker, I rise has done an exemplary job of covering the States, including businesses, residents and today to celebrate the recent grand opening of base and its units. educational institutions in the Commonwealth the Madison Street Veterans Transitional In perhaps his most dramatic accomplish- of Massachusetts. Housing Center, a shelter and service center ment in covering the Marines, Mr. Daigneault To this end, Mr. Zhu in his role as Secretary for homeless veterans run by veterans. in 1992 was the only ‘‘embedded’’ journalist for Education and Technology in Beijing trav- The Madison Street Veterans Association is covering the peace-keeping action in Somalia, eled to many United States cities to discuss a group of formerly homeless veterans who which won him one of his many broadcasting the growth of education collaboration. These banded together, first for their own safety, and awards. meetings resulted in numerous programs that over time became a grassroots non-profit He came home from that mission and was served global higher education, leading to a model for veterans’ homeless outreach nation- quickly put to the test again when a 7.3 earth- first-of-its-kind scholarship program offered wide. Their centers provide veterans with the

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.028 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1031 documents to apply for jobs, educational op- Mothers Against Drunk Driving, Past Lieuten- HONORING THE 60TH ANNIVER- portunities and government assistance. The ant Governor Leo McCarthy and yours truly, SARY OF THE OPENING NIGHT MSVA mission is to encourage and prepare when I was a member of the California State OF UNTO THESE HILLS homeless veterans to become active and pro- Senate. ductive members of their community. Madam Speaker, it goes without saying that HON. HEATH SHULER The veterans at the MSVA work tirelessly to Judge Chase’s dedication and accomplish- OF NORTH CAROLINA get their fellow veterans back on their feet. ments to the community of Delano have IN THE HOUSE OF REPRESENTATIVES The organization’s early success stories in- gained him respect and appreciation from all Tuesday, June 8, 2010 clude people like Bruce Roberts, an Army Air- who have worked with him and know him. We borne veteran who, after a family tragedy, owe L. Bryce Chase a magnificent collective Mr. SHULER. Madam Speaker, I rise today struggled to stay employed and ended up thank you. I ask my colleagues to please join to honor the past, present, and future mem- homeless. After work with the association, me in honoring Judge Bryce Chase for his bers of the production of Unto These Hills. An Bruce now works for the organization as its productive years of public service to the com- outdoor dramatic rendering of the history of public relations officer and is helping to end munity of Delano. the Cherokee people, the play is nearing the homelessness for others. 60th anniversary of its opening night. Madam Speaker, please join me once more f The show has achieved remarkable suc- in congratulating the Madison Street Veterans cess, selling over 6 million tickets since its Association for the opening of its new transi- RECOGNIZING CESAR CHAVEZ PUB- opening on July 1, 1950. It is the second long- tional housing center. LIC CHARTER SCHOOL STUDENTS est continuously running outdoor drama in the f FOR THEIR PARTICIPATION IN United States, behind only The Lost Colony, THE WE THE PEOPLE: THE CEN- which is performed in Manteo, North Carolina. HONORING HON. L. BRYCE CHASE TER FOR CIVIC EDUCATION NA- Over sixty years, countless skilled actors and TIONAL FINALS actresses have taken part in the perform- HON. JIM COSTA ances. Among them are some who have OF CALIFORNIA HON. ELEANOR HOLMES NORTON reached the heights of fame, including Morgan IN THE HOUSE OF REPRESENTATIVES OF THE DISTRICT OF COLUMBIA Freeman and Michael Rosenbaum. For 60 years, Unto These Hills has provided Tuesday, June 8, 2010 IN THE HOUSE OF REPRESENTATIVES entertainment and education for visitors to his- Mr. COSTA. Madam Speaker, I rise today to Tuesday, June 8, 2010 toric and scenic Cherokee. The format is es- pay special tribute to the Honorable L. Bryce pecially effective for the many school groups Chase. On June 2, 2010, after 29 years, Jus- Ms. NORTON. Madam Speaker, in April 2010, more than 1,200 students from across that visit Cherokee; the dramatic rendering tice Chase retired as Judge of the North Kern passes important lessons of history on to fu- Municipal Court in Delano, California. the country took part in the We the People: The Citizen and the Constitution national finals ture generations. Mr. Chase was born in Eugene, Oregon on The show is an integral part of preserving March 30, 1945. He moved with his family to in Washington, D.C. I am proud to announce that a class from Cesar Chavez Public Charter the heritage of the Cherokee people, a group Shafter, California in 1949, and then to Dela- integral to our mountain community. The on- no, California in 1954. Upon graduating from School—Capitol Hill Campus represented the District of Columbia at this prestigious national going legacy of the Eastern Band of the Cher- Delano High School in 1962, Bryce attended okee is an important part of our broader Bakersfield College and Linfield College. He event. These outstanding students, through their knowledge of the U.S. Constitution, won mountain heritage. With a new and more ac- then attended University of Southern Cali- curate script, the show portrays the history of fornia, and graduated with a Bachelor of Arts their city-wide competition earning the chance to compete at the national level. the Cherokee from the height of their power to Degree. Bryce served in the United States the depths of their despair during the Trail of While in Washington, the students partici- Army from 1967–1969, stationed at Fort Tears. An accurate dramatic retelling is an im- pated in a three-day academic competition Lewis, Washington and Fort Gordon, Georgia. portant way to remember the tragedy of the that simulated a congressional hearing, in In 1972, he began law school at Northwestern Trail of Tears and help us learn from that which students demonstrated their knowledge School of Law at Lewis and Clark College in event. and skills as they evaluated and defended po- Portland, Oregon. Bryce graduated with his With the new script and a recently ren- sitions on historical and contemporary con- Juris Doctorate degree in 1975 and was sub- ovated theater, Unto These Hills is poised to stitutional issues. Annual surveys consistently sequently admitted to the California State Bar. continue to build on its impressive record of show that high school students who take part He was a Legal Clerk and Associate Attorney success. Madam Speaker, I ask my col- in the We the People academic competition with M. Dwain Smith from 1975 until 1977, leagues today to join me in recognizing Unto outperform other students in the National As- when he began his sole private practice in These Hills for its remarkable success and its sessment of Educational Progress political test Delano, California. important role in preserving and reliving such by at least 22 percent. Mr. Chase became a judge of the Delano- a profound moment in American history. McFarland Justice Court in 1981. The Delano- Madam Speaker, the names of these out- f McFarland Justice Court became the North standing students from Cesar Chavez Public Kern Municipal Court in 1990, and Judge Charter School—Capitol Hill Campus are: Kim RECOGNIZING ROBIN ARREDONDO- Chase continued to serve as a judicial officer. Diaz, Marco Gomez, Karen Mejia, Jason SAVAGE’S INDUCTION AS A MEM- As a judge, Bryce was involved in several Allen, Jesse Balderas, Briana Bullock, Joel BER OF THE TEMPE CITY COUN- county-wide programs. He established the first Carela, Jaleel Dyson, Kendra Goodwin, Ely CIL self-funded court and community service pro- Guerrero, Corey Johnson, Jose Maheda, An- gram in Kern County, served three terms on thony McCannon, Christian Mondragon, HON. HARRY E. MITCHELL Nakea Paige, Ryan Pope, Alexis Rhett, Leticia the Kern County Trial Coordination Committee OF ARIZONA Rivera, Elizabeth Rogers, Paul Schmidt, and one year on the Administrative Structure IN THE HOUSE OF REPRESENTATIVES Committee for Kern County. In addition, Judge Jaztina Somerville, and Jade Vaughn. Chase was also Chairman of the Sub-Com- I also wish to commend the teacher of the Tuesday, June 8, 2010 mittee on Uniform Rules of Court for Kern class, Dionna Shinn, who was responsible for Mr. MITCHELL. Madam Speaker, I rise County, served on the Trial Court Presiding preparing these young constitutional experts today to congratulate Robin Arredondo-Sav- Judges Advisory Committee and is an active for the national finals. Also worthy of special age on her recent induction as a member of member of California Judges Association. recognition is Julie Harris, Director of Public the Tempe City Council. Judge Chase has always played a large role Policy at Cesar Chavez Public Charter School, Robin is a lifelong resident of my hometown in the community of Delano. He has been an for her tireless commitment to the students on of Tempe who has always been actively in- active member of the Delano Kiwanis Club the District’s team and implementation of the volved in our community. Previously the Chair- and Greater Delano Area Youth Foundation rigorous curriculum at the Cesar Chavez Pub- man of the Tempe Chamber of Commerce since 1982, where he served as President for lic Charter School. and a small business manager, she has both organizations. He is a member of the I congratulate these young constitutional ex- shown a commitment to the development of First Baptist Church and has been honored for perts on their outstanding achievement at the jobs and the growth of the economy in Tempe. his community service by Proteus Training, We the People national finals. Through this and her position as the President

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.012 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1032 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 of the Tempe Union High School District Gov- Thornhill-Joynes, MD, Dr. D. Blair Thornhill, congratulate Pennswood Village and its resi- erning Board, Robin has proven herself to be MD, and Ms. Donna Thornhill. His eldest child dents on their 30th Anniversary. a strong and dedicated leader and public serv- Cameron, Jr., predeceased him in 2008. He is What began as a desire among friends to ant for her community and its youth. the proud grandfather of five grandchildren turn unused farm land into something useful Robin is also a U.S. Army veteran who and the proud great grandfather of two great has since blossomed into a community that served our nation with distinction. She has grandchildren. His brother Cleveland Thornhill his contributed significantly to the lives of our shown that same commitment and dedication is 97 years old, and his sister Gladys Minnette senior citizens. in the many community boards, commissions Powell passed away on August 21, 2009, at Since it’s opening on June 10, 1980, and youth sports activities where she has vol- the age of 98. Pennswood Village has excelled at delivering unteered her time. I am honored to call Robin Dr. Thornhill loves the outdoors and has va- a senior program that is truly representative of a friend and I look forward to seeing what her cationed at Chenango Valley State Park in up- the needs of our seniors. With 435 residents future in public service brings to our commu- state New York every year with family and and 420 employees, Pennswood Village nity. friends since 1955. He is an avid handball and stands as one of the outstanding continuing Madam Speaker, please join me in recog- paddle ball player and played the game until care retirement communities in Bucks County. the age of 98. He enjoys golf and bridge. Ad- nizing Robin Arredondo-Savage’s induction as Madam Speaker, I am proud to recognize ditionally, Dr. Thornhill is an avid traveler and a member of the Tempe City Council. and congratulate Pennswood Village on its has visited several nations in Africa and 30th Anniversary and I am sure that as f walked the Great Wall of China in his 90’s. He Pennswood Village moves forward, it will con- has visited many Caribbean countries on nu- A TRIBUTE TO DR. J. CAMERON tinue to exemplify the meaning of senior care. THORNHILL merous trips, including Cuba and Panama. He has been attending Siloam Presbyterian f Church of Brooklyn, New York for more than TRIBUTE TO THE ICS HON. EDOLPHUS TOWNS 50 years. Dr. Thornhill is a member of Phi OF NEW YORK Beta Sigma Fraternity. He is a tenacious IN THE HOUSE OF REPRESENTATIVES motivator who continues to avidly inspire the HON. SUSAN A. DAVIS pursuit of education to his family members OF CALIFORNIA Tuesday, June 8, 2010 and the community at large. IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Madam Speaker, I rise today Dr. Thornhill is a pillar of his community and in recognition of Dr. J. Cameron Thornhill, a has always been a loving and giving person to Tuesday, June 8, 2010 doctor whose work has been invaluable to the his family, friends and community. Mrs. DAVIS of California. Madam Speaker, Brooklyn community. Madam Speaker, I urge my colleagues to I am pleased to recognize the International Dr. J. Cameron Thornhill was born August join me in recognizing the contributions of Dr. Court System (ICS) as it celebrates the 45th 28, 1909, in Christ Church, Barbados, West J. Cameron Thornhill. anniversary of its founding. A non-profit charity Indies, and will celebrate his 101st birthday on f and international social service organization, August 28, 2010. ICS is one of the oldest LGBT charities in the Dr. Thornhill graduated from Boys High MIKE DIERINGER world, with chapters in over 68 cities within the Evening School in Brooklyn in 1934. He at- United States, Canada, and Mexico. tended Lincoln University in Pennsylvania from HON. SAM GRAVES ICS fundraising efforts have benefited 1936–1940, where he earned his Bachelor of OF MISSOURI countless causes both within and outside of Arts. He attended Meharry Medical College in IN THE HOUSE OF REPRESENTATIVES the LGBT community including numerous chil- Nashville, Tennessee, from 1940 to 1944, Tuesday, June 8, 2010 dren’s charities, AIDS organizations, and can- where he was awarded his Medical Doctor de- cer patient advocacy groups. In fact, several gree. Between 1944 and 1946, Dr. Thornhill Mr. GRAVES. Madam Speaker, I proudly AIDS social service organizations were estab- did an internship and residency at Kansas pause to recognize Mike Dieringer. Mike is a lished in the 1980’s by organization members. City, Missouri, General Hospital Number Two. very special young man who has exemplified In addition, there are over 30 student scholar- He started a medical practice in 1946 in the finest qualities of citizenship and leadership programs within the International Court Brooklyn, NY. ship by taking an active part in the Boy Scouts System of the United States and Mexico. The of America, Troop 75, and earning the most From 1950 to 1952, he served as a medical ICS welcomes all and is proud of its diversity. prestigious award of Eagle Scout. officer, Captain, in the U.S. Army and was sta- The first ICS chapter was established in Mike has been very active with his troop, tioned in Germany. Between 1953 and 1957, 1965 in San Francisco, California by World participating in many scout activities. Over the Dr. Thornhill performed various surgical War II veteran and Hispanic gay activist, Jose many years Mike has been involved with residencies at Bethel Hospital, now known as Julio Sarria. In 1961, he made history as the scouting, he has not only earned numerous Brookdale Hospital, in Brooklyn, New York; first openly gay citizen to run for public office merit badges, but also the respect of his fam- Veterans Hospital of East Orange, New Jer- in North America when he ran for the San ily, peers, and community. Becoming an Eagle sey; and Harlem Hospital, New York City, Francisco Board of Supervisors. For his activ- Scout represents a great deal of dedication where he remained on staff for over 15 years. and perseverance by Mike and I am sure that ism, the Board named a public street in his From 1958 to 1996, he opened and operated he will continue to hold such high standards in honor. a surgical family practice in Brooklyn, while the future. In 2007, Sarria stepped down as titular lead- working at St. John’s Hospital, which is now Madam Speaker, I proudly ask you to join er of the International Court System and was Interfaith Hospital, and Lefferts General Hos- me in commending Mike Dieringer for his ac- succeeded by my constituent, San Diego City pital of Brooklyn, New York. He served the complishments with the Boy Scouts of Amer- Commissioner Nicole Murray Ramirez who Brooklyn community for over 40 years before ica and for his efforts put forth in achieving the himself has been a Latino and gay activist for fully retiring at the age of 84 from the New highest distinction of Eagle Scout. over 40 years. Commissioner Ramirez cur- York State Workers Compensation Board as a rently serves on the board of the National Gay Medical Examiner. f Lesbian Task Force and is a past national Dr. Thornhill is an emeritus member of the CONGRATULATING PENNSWOOD board member of the Human Rights Cam- Kings County Medical Society, National Med- VILLAGE ON ITS 30TH ANNIVER- paign. Ramirez is a recipient of the Cesar ical Association, and the American Medical SARY Chavez Social Justice Award and is currently Association. He has been honored by the the National Co-Chair of the Harvey Milk Provident Clinical Society of Brooklyn, New HON. PATRICK J. MURPHY Foundation’s Citizen Advisory Board. York and most recently received special rec- OF PENNSYLVANIA I commend Jose Julio Sarria and Nicole ognition at the 2009 National Medical Associa- IN THE HOUSE OF REPRESENTATIVES Murray Ramirez for their dedication and com- tion Convention. munity service that has benefitted so many. I Dr. Thornhill and his wife, Mercedes Murray, Tuesday, June 8, 2010 congratulate the ICS on the occasion of its were married on April 3, 1947. They have four Mr. PATRICK J. MURPHY of Pennsylvania. 45th anniversary, and I am proud to honor its children: J. Cameron Thornhill Jr., Dr. Monica Madam Speaker, I rise today to recognize and legacy of activism and philanthropy.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K08JN8.013 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1033 H.R. 5145, ASSURING QUALITY ment organization. Battelle, with its team of re- The Green Railcar Enhancement Act pro- CARE FOR VETERANS ACT searchers and inventors like Chad Bouton, vides a 25 percent tax credit for replacing or helps make central Ohio a leader in cutting- rebuilding old, inefficient railcars. The tax cred- HON. TODD TIAHRT edge research. it is limited to cars built in 2010 or 2011 and OF KANSAS Chad came to Battelle in 1997 and since requires a minimum 8 percent increase in ca- IN THE HOUSE OF REPRESENTATIVES then has shown his true worth to this impor- pacity or fuel efficiency. In effect, the legisla- tant Columbus, Ohio nonprofit charitable trust tion shifts market demand from 2012–14 to Tuesday, June 8, 2010 by excelling in a variety of fields. Chad Bouton this year and the next, which will help the rail Mr. TIAHRT. Madam Speaker, I join my col- has been the primary innovator, inventor and/ supply industry survive these two treacherous leagues in strong support of H.R. 5145, Assur- or principal investigator for dozens of medical years. ing Quality Care for Veterans Act. This legisla- device projects, from enabling paraplegics to This bill will continue to improve the great tion authorizes the Secretary of Veterans Af- control wheelchairs with their thoughts to pro- efficiency of rail transportation, which currently fairs (VA) to reimburse VA health profes- viding surgeons with tools that aid in minimally gets 480 ton-miles to the gallon. In fact, if 10 sionals for continuing professional education invasive surgical procedures. percent of the long-distance freight currently expenses. Chad Bouton developed processing algo- moved by truck switched to rail, then the na- Our Nation’s veterans deserve high-quality rithms for a medical device that allows people tional fuel savings would exceed one billion medical care. This means having top-notch fa- to control computers entirely by their thoughts. gallons each year. Requiring increasingly effi- cilities and equipment, and highly-trained med- He also was central to the development of a cient rail cars will improve these figures. ical professionals. Many professions require system used in minimally invasive surgical Upgrading our fleet of railcars will also make continuing education, and it is absolutely es- procedures that evaluates the potential spread the rail industry more competitive, reduce sential in the medical field. With constantly of cancer to lymph node tissues and organs. costs for consumers, and will help relieve our changing techniques, procedures and treat- Additionally, his research contributed to a de- congested highways. In fact, one freight train ments, continuing education is indispensable tection system to ensure that contrast media can carry a load equivalent to that hauled by for medical providers. This legislation rightfully injections into a patient do not do unwanted 280 trucks. Shifting the movement of freight to will ensure that our VA medical professionals damage. rail clears congestion from our roadways, have access to continuing training and there- Chad is known for his expertise in control eases wear and tear on our commercial cor- fore ensure that our veterans receive the best systems, automated and robotics systems, ridors, and clears our air. In addition to these care possible. sensor development, and signal processing of environmental and system capacity benefits, I urge all my colleagues to join with me in electrophysiological parameters including neu- rail transport continues to be a leader in work- support of H.R. 5145 to provide high-quality rological types. He also has extensive experi- er safety, with one of the lowest worker injury medical care for our Nation’s veterans. ence in electrical and electromechanical de- rates in the transportation sector. f vice design methodologies and techniques Finally, by helping to pull market demand and holds 15 patents with six others pending. forward, our Nation will maintain the strong AARON A. PINE Tangible results of Chad Bouton’s success railroad supply industry and manufacturing come in various forms, first and foremost that base necessary to the Nation’s defense. HON. SAM GRAVES his inventions have affected the quality of life I look forward to working with my colleagues OF MISSOURI of patients around the world. He also has to pass this important legislation. IN THE HOUSE OF REPRESENTATIVES been the recipient of two R&D Magazine Top f 100 awards and a Battelle Outstanding Tech- Tuesday, June 8, 2010 IN HONOR OF CATHOLIC CHAR- nical Achievement Awards and has published ITIES, EMERGENCY AND COMMU- Mr. GRAVES. Madam Speaker, I proudly nine works in scholarly journals. Chad’s prow- NITY SERVICES pause to recognize Aaron A. Pine. Aaron is a ess has resulted in more than half a billion very special young man who has exemplified dollars worth of contract research for Battelle. the finest qualities of citizenship and leader- I would like to extend my heartfelt congratu- HON. JOHN H. ADLER ship by taking an active part in the Boy Scouts lations and well-wishes to Chad, and wish him OF NEW JERSEY of America, Troop 357, and earning the most great successes in innovations of the future. IN THE HOUSE OF REPRESENTATIVES prestigious award of Eagle Scout. With people like Chad working to use science Tuesday, June 8, 2010 Aaron has been very active with his troop, to help mankind, Columbus, Ohio and America Mr. ADLER of New Jersey. Madam Speak- participating in many scout activities. Over the will continue to lead the world in compas- er, I rise today to honor Catholic Charities, many years Aaron has been involved with sionate research. Emergency and Community Services (ECS), a scouting, he has not only earned numerous f non-profit organization that has been feeding merit badges, but also the respect of his fam- hungry Burlington County residents for the ily, peers, and community. Becoming an Eagle INTRODUCING GREEN RAILCAR ENHANCEMENT ACT OF 2010 past 29 years. Scout represents a great deal of dedication The ECS food pantry program is available and perseverance by Aaron and I am sure to any county resident in need of food and no that he will continue to hold such high stand- HON. EARL BLUMENAUER one is turned away because of their income or ards in the future. OF OREGON life circumstances. The food pantry serves Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES consumers throughout Burlington County and me in commending Aaron A. Pine for his ac- Tuesday, June 8, 2010 distributes food to over 9,800 households, or complishments with the Boy Scouts of Amer- 32,700 individuals annually. Mr. BLUMENAUER. Madam Speaker, today ica and for his efforts put forth in achieving the Madam Speaker, I hope you will join me in I rise to introduce the Green Railcar Enhance- highest distinction of Eagle Scout. honoring Emergency and Community Services ment Act of 2010 with 49 of my colleagues. f on their nearly three decades of hard work This legislation will help save a critical do- and extraordinary commitment in ensuring that IN HONOR OF CHAD BOUTON, mestic industry, create 32,000 to 50,000 fam- those individuals and families in Burlington BATTELLE INVENTOR OF THE ily-wage jobs, enhance the fuel economy of County have the food they need to carry on YEAR freight rail, and reduce the carbon emissions with their daily lives. of the freight and logistics industry. HON. MARY JO KILROY As a result of the financial crisis and subse- f OF OHIO quent recession, the freight railcar industry CODY BARTHOLOME IN THE HOUSE OF REPRESENTATIVES neared collapse. New car deliveries declined from 75,000 in 2006 to fewer than 10,000 in Tuesday, June 8, 2010 HON. SAM GRAVES 2010. Only a handful of suppliers remain oper- OF MISSOURI Ms. KILROY. Madam Speaker, I rise today ating today and there is great concern that IN THE HOUSE OF REPRESENTATIVES to recognize the accomplishments of Chad several of them may not survive this downturn. Bouton who on April 30, 2010, was named the Without any action to pull forward some future Tuesday, June 8, 2010 Inventor of the Year for Battelle, the world’s market demand, the potential loss of the Mr. GRAVES. Madam Speaker, I proudly largest independent research and develop- American rail supply base is at great risk. pause to recognize Cody Bartholome. Cody is

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.036 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1034 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 a very special young man who has exempli- Throughout her long and blessed life, she day, Haywood came down from the press box fied the finest qualities of citizenship and lead- remained a very active member of the Epis- to let him into the stadium. ‘‘Not a blockbuster ership by taking an active part in the Boy copal Church, a YWCA organizer, and her be- anecdote, maybe. But I never forgot Hay- Scouts of America, Troop 460, and earning loved sorority, Delta Sigma Theta. She also wood’s courtesy and professionalism that day the most prestigious award of Eagle Scout. worked tirelessly for her community, founding to an out-of-state sportswriter who was little Cody has been very active with his troop, a children’s reading club and volunteering for more than a casual acquaintance at that participating in many scout activities. Over the seniors’ organizations. time,’’ he concluded. many years Cody has been involved with Madam Speaker, the State of Georgia, and Brent Hubbs of volquest.com was a UT stu- scouting, he has not only earned numerous especially the Second Congressional District dent when Haywood went out of his way to merit badges, but also the respect of his fam- of Georgia, have been truly blessed to have help him with a project for a television class. ily, peers, and community. Becoming an Eagle benefited from the tremendous contributions of ‘‘Haywood’s nature was to treat everyone like Scout represents a great deal of dedication Nella Edgar Crooks. She will be remembered they were the most important person in the and perseverance by Cody and I am sure that for her compassion, her intense desire to help world,’’ he said. ‘‘And he did it for a 19-year- he will continue to hold such high standards in others, her unwavering love for her family, and old student for a project that was never going the future. her dedication to education, which lives on to air anywhere but in the classroom for teach- Madam Speaker, I proudly ask you to join through the Nella Crooks Scholarship Fund at ers to grade.’’ me in commending Cody Bartholome for his Fort Valley State University. It is a fitting trib- ‘‘He always had a keen interest in what you accomplishments with the Boy Scouts of ute to her life and academic legacy, which were doing and what might have been going America and for his efforts put forth in achiev- was as long in accomplishments as it was in on in your life. Kind, thoughtful and sharp as ing the highest distinction of Eagle Scout. years. May she continue to serve as an inspi- a tack when it came to UT sports history,’’ f ration to others. writes Rick Russo of WVLT–TV in Knoxville. IN MEMORY OF RETINELLA f Even simple encounters with Haywood Har- ris turned into lasting memories for those who ‘‘NELLA’’ OCTAVIA ELIZABETH HONORING THE LIFE OF HAYWOOD EDGAR CROOKS had the pleasure of meeting him. Mark Brad- HARRIS ley of the Atlanta Journal Constitution recalls, ‘‘The highlight of my life—then, and maybe HON. SANFORD D. BISHOP, JR. HON. JOHN J. DUNCAN, JR. still—was being a guest on Haywood’s OF GEORGIA OF TENNESSEE pregame radio show back in 1981.’’ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Chris Dortch of the Blue Ribbon Yearbook Tuesday, June 8, 2010 writes, ‘‘I can say with absolute certainty that Tuesday, June 8, 2010 Mr. BISHOP of Georgia. Madam Speaker, I Haywood Harris is the kindest, most gracious rise today to honor the memory of Retinella Mr. DUNCAN. Madam Speaker, the Univer- sports information director I’ve met, worked ‘‘Nella’’ Octavia Elizabeth Edgar Crooks, a sity of Tennessee sports family and the city of with or heard tell of.’’ lady I was proud to call my friend and con- Knoxville, Tennessee have lost a legend and WATE–TV’s Jim Wogan said, ‘‘My first year stituent. An accomplished public servant and dear friend. in Knoxville wasn’t without a few bumps, and educator, Mrs. Crooks passed away on May Haywood Harris recently passed away at Haywood was always polite, patient and a go- 30, 2010, at the age of 108. the age of 80. I have always said that the col- to source for background on Tennessee Mrs. Crooks lived a very long and full life. ors orange and white are almost as patriotic in sports.’’ She was born in Watt Town, Jamaica, on Oc- my District as red, white, and blue. Anyone ‘‘Haywood Harris is a person you never for- tober 1, 1901. She was educated in Jamaica who bleeds big orange knows the name and get once you meet him. He was salt of the and then immigrated to the United States in work of Haywood Harris. earth and loved Tennessee down to the bone. 1924 where she met her husband, Dr. Ken- Haywood served as Sports Information Di- Institutions like Haywood are far too few neth B.M. Crooks. The happy couple was rector, Assistant Athletic Director, and Asso- today,’’ said Joe Biddle of The Tennessean. blessed with four children, twelve grand- ciate Athletic Director for the University of Chris Low of ESPN.com, a UT alumnus children, and nine great-grandchildren. Tennessee from 1961–2000. Following retire- himself, writes, ‘‘. . . to Haywood, it was After ten years at the Hampton Institute, ment, he took on the role as the athletic de- never a job. The University of Tennessee was which is now Hampton University, Dr. and partment’s historian. his life, which is why he was so good at what Mrs. Crooks moved from the United States to I have known Haywood since I sold pro- he did.’’ Jamaica where they worked at Happy Grove, grams, popcorn and Cokes at UT athletic And The Knoxville News Sentinel’s Mike a Quaker secondary school. Mrs. Crooks events as a small boy. He is a very close and Strange puts it simply, ‘‘Not just a nice guy. served there as a missionary educator, a longtime personal friend. The nicest guy.’’ member of the Jamaica Federation of Women, Haywood’s life and legacy is shaped not just Haywood will not only be missed by his and as a fundraiser for the Religious Society by his knowledge and love of UT athletics and many friends, family, and colleagues but also of Friends. extraordinary professional success but also by by his many fans. He co-hosted a radio show, In 1957, Dr. and Mrs. Crooks returned to the way he treated others every step of the ‘‘The Locker Room,’’ with Gus Manning for the United States and became very involved in way. decades. Gus told The Knoxville News Sen- Georgia’s Second Congressional District. Mrs. Upon word of his death, tributes from every tinel, ‘‘I have lost an incredible friend.’’ Crooks served as a resident manager at what corner of the sports world poured in. The Haywood holds many awards for his work, is now Fort Valley State University. While at Knoxville News Sentinel published many of too many to fully recount here. He was an In- Fort Valley State University, Mrs. Crooks be- these reflections, and I was taken aback by ductee in the College Sports Information Di- came known for her unparalleled hospitality the tales of his humility, generosity and kind- rectors Hall of Fame, the Knoxville Sports Hall hosting teas. Of the many national and inter- ness. He held the esteem of everyone who of Fame, Tennessee Sports Hall of Fame, and national dignitaries she entertained, she was ever knew him. he received the very prestigious Arch Award in very proud to include Dr. Martin Luther King, ‘‘The word legend gets thrown around way 1991 and UT Chancellor’s Citation in 1992. Jr. among her guests. too much, but Haywood is a legend,’’ said As much as Haywood loved sports, he had Following a short stay at Fort Valley, Dr. Tony Barnhart of the Atlanta Journal-Constitu- other interests as well. One was his great at- and Mrs. Crooks moved to Grambling College tion. ‘‘He is one those special people who tention to politics and national issues of impor- in Louisiana. There she completed her Bach- made the SEC what it is today.’’ tance. He was a patriotic American with a elor of Arts Degree while serving as a resident ‘‘I am convinced Haywood was one of the great love for his country and native east Ten- manager for the college. However, in 1959 her best sports information directors in America— nessee. husband, Dr. Crooks, sadly passed away. ever,’’ said Marvin West, former Knoxville Even many of Haywood’s Democratic Mrs. Crooks then returned to Fort Valley News Sentinel sports editor. ‘‘He was gra- friends commented after his death that they and earned her Master’s Degree in counseling cious, patient and efficient,’’ and ‘‘as good as respected his deep love and strong loyalty to at the young age of 64. She was a member he was as a professional, he was a better the Republican Party. of the college faculty and published several man.’’ Haywood’s grandson, Matthew Lehigh, is a books, including two books of poetry, her trav- John Pruett of The Huntsville Times wrote former member of my staff. I find that Matt el diary, her husband’s biography, and her about an occasion where, as a young reporter holds many of his grandfather’s qualities, and autobiography. who had lost his press pass on a UT opening I can think of no better legacy for Haywood

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.017 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1035 than his values and character living on H.R. 1017, CHIROPRACTIC CARE DONOVAN L. EDMUNDS through his three children, four grandchildren, AVAILABLE TO ALL VETERANS and two great-grandchildren. I extend my ACT HON. SAM GRAVES deepest sympathies to them and his wife OF MISSOURI Carolyn Jo. HON. TODD TIAHRT IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I call the life of Haywood Tuesday, June 8, 2010 Harris and the remarkable impact he made on OF KANSAS Mr. GRAVES. Madam Speaker, I proudly my district to the attention of my colleagues IN THE HOUSE OF REPRESENTATIVES and other readers of the RECORD. Haywood’s pause to recognize Donovan L. Edmunds. close friend and longtime Voice of the Vols Tuesday, June 8, 2010 Donovan is a very special young man who has exemplified the finest qualities of citizen- announcer John Ward sums up his life best: Mr. TIAHRT. Madam Speaker, I join my col- ‘‘Haywood didn’t ask for credit; didn’t want it. ship and leadership by taking an active part in leagues in strong support of H.R. 1017, the the Boy Scouts of America, Troop 288, and He simply did what a really smart person Chiropractic Care Available to All Veterans does—help other people.’’ earning the most prestigious award of Eagle Act. This legislation ensures that chiropractic Scout. f care and services will be offered to all vet- Donovan has been very active with his DALTON EVAN GREEN erans through Department of Veteran Affairs troop, participating in many scout activities. (VA) medical centers and clinics by the end of Over the many years Donovan has been in- HON. SAM GRAVES 2012. volved with scouting, he has not only earned The benefits of chiropractic care are widely- numerous merit badges, but also the respect OF MISSOURI known, and make a tremendous difference in of his family, peers, and community. Becoming IN THE HOUSE OF REPRESENTATIVES the quality of life for so many Americans. As an Eagle Scout represents a great deal of Tuesday, June 8, 2010 a regular chiropractic patient, I can attest to dedication and perseverance by Donovan and Mr. GRAVES. Madam Speaker, I proudly the benefits of this valuable service. I am sure that he will continue to hold such pause to recognize Dalton Evan Green. Dalton Veterans deserve a wide-range of services high standards in the future. is a very special young man who has exempli- to meet their individual needs. As chiropractic Madam Speaker, I proudly ask you to join fied the finest qualities of citizenship and lead- care has grown in popularity, it is only logical me in commending Donovan L. Edmunds for ership by taking an active part in the Boy to offer this service to our veterans. I am his accomplishments with the Boy Scouts of Scouts of America, Troop 357, and earning pleased, therefore, that this legislation will en- America and for his efforts put forth in achiev- the most prestigious award of Eagle Scout. sure access to chiropractic care for Kansas ing the highest distinction of Eagle Scout. Dalton has been very active with his troop, veterans. f participating in many scout activities. Over the I urge all my colleagues to join with me in ST. MARY’S COLLEGE OF many years Dalton has been involved with support of H.R. 1017. MARYLAND SAILING TEAM scouting, he has not only earned numerous merit badges, but also the respect of his fam- f ily, peers, and community. Becoming an Eagle HON. STENY H. HOYER OF MARYLAND Scout represents a great deal of dedication CONGRATULATING NESHAMINY IN THE HOUSE OF REPRESENTATIVES and perseverance by Dalton and I am sure MANOR that he will continue to hold such high stand- Tuesday, June 8, 2010 ards in the future. HON. PATRICK J. MURPHY Mr. HOYER. Madam Speaker, I rise today Madam Speaker, I proudly ask you to join to recognize the St. Mary’s College of Mary- me in commending Dalton Evan Green for his OF PENNSYLVANIA land Varsity Sailing Team on winning the accomplishments with the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES Inter-Collegiate Sailing Association’s Team America and for his efforts put forth in achiev- Tuesday, June 8, 2010 Race National Championship. This year’s ing the highest distinction of Eagle Scout. event was held May 29–31 on Lake Mendota f Mr. PATRICK J. MURPHY of Pennsylvania. in Madison, WI. Madam Speaker, I rise today to congratulate Unlike traditional fleet sailing, the team race RELAY FOR LIFE EVENT Neshaminy Manor Long Term Care Facility for event pits three boats against three boats. achieving My InnerView’s National Excellence This event is often described as ‘‘chess on HON. MARSHA BLACKBURN in Action Award. water’’ as sailors use unconventional tactics OF TENNESSEE This award, which recognizes nursing like slowing down and trapping their oppo- IN THE HOUSE OF REPRESENTATIVES homes that have received the highest satisfac- nents to help teammates who are trailing to Tuesday, June 8, 2010 tion ratings from residents, families and em- catch up. To win a race, the team of three ployees, was bestowed upon Neshaminy must have a winning combination of finishes Mrs. BLACKBURN. Madam Speaker, affect- Manor for its excellence in providing out- which total 10 points or fewer. ing countless across the world, cancer strikes standing continuing care and setting a positive In the first round of competition, in which at the core of our lives, our health, our fami- example for other long term care facilities to each team competes in six races, the lies, and our communities. Sometimes silent, follow. Seahawks went undefeated in Group 1. In the sometimes ravaging, and often all-encom- second round among the top eight teams, the Established on April 30, 2000, Neshaminy passing, cancer can take what we hold most Seahawks had the best record with 11 wins Manor has offered the community an invalu- dear: life. Events like Relay for Life allows and three losses. At the end of final round of able service by contributing significantly to the communities to come together, tennis shoes the four winningest teams, the Seahawks went lives of our most vulnerable citizens. This laced, and fight against such an enemy. one and two, had a final record of 12 wins and award illustrates the leadership and dedication The multi-purposed Relay for Life generates 5 losses, and won the event. awareness, promotes outreach, supports re- exhibited by the facility’s staff and underscores I want to extend my congratulations to the covery, and builds survivorship. In it’s 26th the remarkable impact they have had on the following members of the Varsity Sailing Team year, Relay for Life is held across the country, lives of Neshaminy Manor’s residents and who competed in this event: Ted Hale, Francis in more than 600 communities internationally, their families. Kupersmith, Michael Menninger, Kelly Wilbur, and spans 21 countries. Neshaminy Manor has demonstrated its Jesse Kirkland, Madeline Jackson, and Mike I congratulate the participants of Williamson commitment to providing exceptional care and Kuschner. I want to commend Head Coach County’s Relay for Life event. By honoring service to ensure that residents enjoy the Adam Werblow, who has been with this pro- those who lost their battles with this horrific quality of life they deserve as well as providing gram for 22 years, and Bill Ward, Director of disease and celebrating those who have yet to employees with a great place to work. Sailing, for their leadership of this team. cease in the struggle, your hopeful passion Madam Speaker, I am proud to recognize I urge my colleagues to join me in congratu- encourages us all. I ask my colleagues to join and congratulate Neshaminy Manor for lating the entire St. Mary’s College sailing me in thanking the event’s organizers, team achieving this award, and I would like to thank team for their diligent training, teamwork and captains, walkers, and all who still seek a the staff for their tremendous work and con- dedication to the sport, and for continuing the cure. tribution to our community. legacy of excellence in racing at the college.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.041 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1036 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 DINNER HONORING THE 40TH AN- A TRIBUTE TO THE 2010 ELLIS IS- Du; David B. Falk; Lina Fang; Eric Friedberg; NIVERSARY OF THE LEAGUE OF LAND MEDAL OF HONOR RECIPI- Col. Arnald D. Gabriel (Ret.); Rod G. Gilbert; CONSERVATION VOTERS ENTS Col. David G. Goulet; E. Bulkeley Griswold; Col. Gina M. Grosso; S. K. Gupta; Wolf HON. DAN BURTON Hengst; Gregory M. Hodge, PhD; Maj. Gen. HON. ALCEE L. HASTINGS OF INDIANA Karl R. Horst; Hon. Jerry M. Hultin; Chief James Jephthah; Ted Johnson; James Keach; OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Alan Krutchkoff; Tak W. Kwan, MD; William K. Tuesday, June 8, 2010 IN THE HOUSE OF REPRESENTATIVES Lee, MD; Robert J. Loggia; Wing K. Ma; Vahid Mr. BURTON of Indiana. Madam Speaker, I Majidi; Fouad Malouf; James Malpeso, MD; Tuesday, June 8, 2010 rise today to congratulate the 2010 recipients MSgt. Chester L. Marcus, Jr.; Chief Denis of the coveted Ellis Island Medal of Honor. Mr. HASTINGS of Florida. Madam Speaker, McGowan; Shekhar Mitra, PhD; Moshen Presented annually by the National Ethnic Co- Moazami; Curtis E. Moll; Yasmin Motamedi; I rise today to honor and acknowledge the alition, NECO, the Ellis Island Medal of Honor Jeremiah A. Mullins; Agneta E. Nilsson; celebration that will take place on June 9, pays tribute to our Nation’s immigrant herit- RADM Joseph L. Nimmich; Sr. Irene M. 2010 in honor of the 40th anniversary of the age, as well as individual achievement. The O’Neill; Bedros S. Oruncakciel; Hemant Patel, League of Conservation Voters, LCV. Since its medals are awarded to U.S. citizens from var- MD; Francis J. Pearn; Richard R. Pergolis; inception in 1969, LCV has transformed envi- ious ethnic backgrounds who exemplify out- Timothy A. Phillips; Michael J. Piazza; Hon. ronmental policy into national priorities. I be- standing qualities in both their personal and Rose Pierre-Louis; Kappana Ramanandan; lieve that protecting our environment is vital to professional lives, while continuing to preserve Maj. Gen. Michael S. Repass; Hon. Edward the health of all Americans and LCV has con- the richness of their particular heritage. Since Rollins; Stanley M. Rumbough, Jr.; William J. tinued to make that commitment over the past NECO’s founding in 1986, more then 2,000 Ryan; Kenan E. Sahin, PhD; Joseph M. 40 years. With an ultimate goal of ensuring American citizens have received Ellis Island Saponaro; John F. Scarpa; Jane Seymour; the survival and sustainability of the planet, Medals of Honor, including six American Faryar Shirzad; John Shu, Esq.; Dr. Ruth J. LCV continues to inform the public about the Presidents, several United States Senators, Simmons; Prasad Srinivasan, MD; Bert R. most important environmental issues facing Congressmen, Nobel Laureates, outstanding Sugar; Hon. Eugene R. Sullivan (Ret.); Jordan our nation. athletes, artists, clergy, and military leaders. P. Thomas; Annie S. Totah; Suzanne von Through organizing at the grassroots level, As we all know, citizens of the United States Liebig, PhD; William D. Walsh; RADM Philip building coalitions and training the next gen- can trace their ancestry to many nations. The A. Whitacre (Ret.); Morrill Worcester; Moham- eration of environmental leaders, LCV is fight- richness and diversity of American life makes mad Yahyavi; Vartkes Yeghiayan, Esq.; Matt ing for the future of our environment. Madam us unique among the Nations of the world and H. Yildizlar; Chang Bin Yim. Speaker, the League of Conservation Voters is in many ways the key to why America is the f most innovative country in the world. The Ellis has been an invaluable resource for voters HONORING YOSEMITE Island Medals of Honor not only celebrate se- across the nation and advocate of the preser- CONSERVANCY vation of our natural resources and environ- lect individuals but also the pluralism and democracy that enabled our ancestors to cele- mental policies. I would like to congratulate brate their cultural identities while still embrac- HON. GEORGE RADANOVICH the League of Conservation Voters and wish ing the American way of life. This medal is not OF CALIFORNIA them much continued success. The dinner about money, but about people who really IN THE HOUSE OF REPRESENTATIVES honoring the LCV on this landmark anniver- seized the opportunities this great country has Tuesday, June 8, 2010 sary is truly a celebration of a momentous oc- to offer and who used those opportunities to casion. Mr. RADANOVICH. Madam Speaker, I rise not only better their own lives but make a dif- today to commend and congratulate the Yo- ference in the lives of those around them. By f semite Conservancy upon its conception. The honoring these outstanding individuals, we Yosemite Association and the Yosemite Fund honor all who share their origins and we ac- JONATHAN D. SCHANUEL have come together to launch this new organi- knowledge the contributions they and other zation to protect Yosemite National Park and groups have made to America. I commend inspire enduring connections for current and HON. SAM GRAVES NECO and its Board of Directors headed by future generations. my good friend, Nasser J. Kazeminy, for hon- In January 2010 the Yosemite Association OF MISSOURI oring these truly outstanding individuals for and the Yosemite Fund, two non-profits with IN THE HOUSE OF REPRESENTATIVES their tireless efforts to foster dialogue and over one hundred years of combined experi- build bridges between different ethnic groups, ence in supporting the park, merged. Since Tuesday, June 8, 2010 as well as promotes unity and a sense of 1923, the Yosemite Association has provided common purpose in our Nation. opportunities for people to learn about, enjoy Mr. GRAVES. Madam Speaker, I proudly Madam Speaker, I ask all of my colleagues and experience Yosemite National Park. The pause to recognize Jonathan D. Schanuel. to join me in recognizing the good works of focus has primarily been on providing publica- Jonathan is a very special young man who NECO, and congratulating all of the 2010 re- tions, outdoor programs, history museums, has exemplified the finest qualities of citizen- cipients of the Ellis Island Medals of Honor. I volunteering and a wealth of visitor services. ship and leadership by taking an active part in also ask unanimous consent that the names of The Yosemite Fund was established in 1988 the Boy Scouts of America, Troop 288, and this year’s recipients be placed into the CON- to focus on projects that enhance the visitor earning the most prestigious award of Eagle GRESSIONAL RECORD following my statement. experience, including trails, restoration of vital Scout. Ichak K. Adizes, PhD; Adrienne G. habitats, preservation of art and artifacts. The Jonathan has been very active with his Alexanian; Richard F. Ambinder, MD; Cyrus Yosemite Fund has supported over three hun- Amir-Mokri; Anousheh Ansari; Rao S. troop, participating in many scout activities. dred projects funded through fifty-five million Anumolu; Robert S. Atallah; Mohamed A. Over the many years Jonathan has been in- dollars in grants. The Yosemite Fund has Atassi, MD, FACC; Kevork D. Atinizian; Nancy volved with scouting, he has not only earned more than forty projects planned for 2010. The H. Bailey; Hon. Rosemary Barkett; Samira organization has four hundred volunteers an- numerous merit badges, but also the respect Kanaan Beckwith; Sarkis Bedevian; Jerold E. nually to assist park visitors, restore natural of his family, peers, and community. Becoming Beeve, MD; Dorothy Beeve, RN; Suraj P. areas and help with operations, events and an Eagle Scout represents a great deal of Bhatia; Carole Black; George F. Brown; Rich- fundraising activities. With the merging of dedication and perseverance by Jonathan and ard R. Burey, Jr.; Michael Capasso; Dominic these two organizations, the Yosemite Conser- I am sure that he will continue to hold0 such Chianese; Mr. Hank Hyunho Choi; Yen S. vancy was created. high standards in the future. Chou; Lin-Chi Chu; Carl J. Clause; Eugene P. The Yosemite Conservancy is the only phil- Madam Speaker, I proudly ask you to join Conese, Sr.; John F. Conley; Thomas J. anthropic organization dedicated exclusively to me in commending Jonathan D. Schanuel for Cook; Edward Cruz; Paul R. Davies; Chief the protection and preservation of Yosemite his accomplishments with the Boy Scouts of Raymond Diaz; Dr. Edward B. Diethrich; National Park and enhancement of the visitor America and for his efforts put forth in achiev- Andre C. Dimitriadis, PhD; Borko B. experience. With the experience and knowl- ing the highest distinction of Eagle Scout. Djordjevic, MD; Thomas J. Donohue; David edge of the Yosemite Fund and the Yosemite

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.046 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1037 Association, the Yosemite Conservancy will nized Montgomery County community mem- ily, peers, and community. Becoming an Eagle provide the best of both organizations. It will bers’ involvement in the historic March on Scout represents a great deal of dedication aim to create new benchmarks in innovation Washington. He led protests to integrate pub- and perseverance by Michael and I am sure and quality through its programs and projects. lic facilities, including movie theaters, amuse- that he will continue to hold such high stand- The 2010 signature project is a one million ment parks, and country clubs. He was instru- ards in the future. dollar effort to support Youth in Yosemite an mental in enabling African-American teachers Madam Speaker, I proudly ask you to join experimental learning program that will also and counselors to obtain positions in the me in commending Michael Hubbert for his improve campgrounds, repair trails, preserve Montgomery County Public Schools and for accomplishments with the Boy Scouts of images from Yosemite’s archives and expand African-Americans to become firefighters in America and for his efforts put forth in achiev- educational programs and exhibits at Happy Damascus. ing the highest distinction of Eagle Scout. Isle Nature Center. Different programs and Mr. Zeigler retired from federal service in f projects will be put in place in 2010 as well, 1977. In retirement, Mr. Zeigler worked tire- IN HONOR AND RECOGNITION OF such as Outdoor Adventures programs to lessly with the NAACP, leading youth services, THE 175TH ANNIVERSARY OF teach people about the park, Yosemite Art and organizing church activities, and integrating THE OLMSTED UNITARIAN UNI- Education programs, meadow restoration, big- many of the United Methodist Churches in VERSALIST CHURCH horn sheep monitoring and pacific fisher re- Montgomery County. search and bear canister rental and wilder- Mr. Zeigler, a man of extraordinary convic- ness permits. tion and perseverance, has been a role model HON. DENNIS J. KUCINICH Under the leadership of Mike Tollefson, throughout his inspirational life of service to OF OHIO former superintendent of Yosemite National our Nation and to the African-American com- IN THE HOUSE OF REPRESENTATIVES Park, the Board of Trustees and the perma- munity. His brave leadership helped to change Tuesday, June 8, 2010 nent staff, the Yosemite Conservancy will work our Nation’s history in critically important Mr. KUCINICH. Madam Speaker, I rise toward their mission to provide for Yosemite’s ways. future by inspiring people to support projects today in honor and recognition of the Olmsted Madam Speaker, I am honored to recognize Unitarian Universalist Church of North and programs that preserve and protect Yo- Mr. Harvey Zeigler on his 90th birthday and to semite National Park’s resources and enrich Olmsted, Ohio, as they celebrate 175 years of thank him for his courageous leadership and spirituality rooted in diversity and a deep the visitor experience. service to our country. Madam Speaker, I rise today to commend sense of community. f the Yosemite Conservancy for its commitment The First Universalist Church of Olmsted to better serve and protect Yosemite National TRIBUTE TO THE WATERLOO FREE was founded in 1834. The founding members Park. I invite my colleagues to join me in wish- METHODIST CHURCH included early leaders of North Olmsted such ing the organization many years of continued as the Coes, Kennedys, Roots, Stearnses and success. Fitches. In 1847, church members built the HON. TOM LATHAM first building at the corner of Lorain and But- f OF IOWA ternut Ridge Roads. HONORING HARVEY ZEIGLER IN THE HOUSE OF REPRESENTATIVES Cast in 1851, the large bell in the belfry Tuesday, June 8, 2010 continues today to act as a symbol of inclusion and emancipation. Before and during the HON. CHRIS VAN HOLLEN Mr. LATHAM. Madam Speaker, I rise today Civil War, the bell tower was used as a station OF MARYLAND to congratulate the members of the Waterloo on the Underground Railroad to hide escaping IN THE HOUSE OF REPRESENTATIVES Free Methodist Church, Lighthouse Fellowship slaves and their families. In 1963, this historic Tuesday, June 8, 2010 of Waterloo, Iowa, on celebrating their 50th landmark structure was moved to its current anniversary as a congregation at their current Mr. VAN HOLLEN. Madam Speaker, I rise site at Porter Road in North Olmsted. More location. today to recognize a remarkable American on than a thousand Unitarian Universalist church- The church was formed in 1883 and after the occasion of his 90th birthday. es exist throughout North America. They oper- several sites built the facilities at the present Mr. Harvey Zeigler, the sixth of thirteen chil- ate autonomously, with each congregation location of 1737 Cornwall Avenue in Waterloo, dren, grew up amid the de facto segregation having the right to decide its own worship IA in 1958–1959. The church now goes by the of the 1920s in Damascus, Maryland, where styles and ministers. name Lighthouse Fellowship and is a member his grandfather settled in 1863 after escaping Madam Speaker and colleagues, please join of the Free Methodist organization. slavery via the Underground Railroad. Three me in honor and recognition of the congrega- The Lighthouse Fellowship has been an in- years after graduating from an all African- tion and ministry of the Unitarian Universalist tegral part of the surrounding Waterloo com- American high school, on December 8, 1941 church of North Olmsted as they celebrate munity, and I offer them my utmost congratu- Mr. Zeigler was drafted into the United States their 175th anniversary. May this church con- lations and thanks on a prosperous history. I Army. tinue to act as a beacon of spiritual truth, tol- A member of the 329th segregated unit of wish all the parishioners of Lighthouse Fellow- erance, and diversity for the people of Greater the U.S. Army, Mr. Zeigler courageously ship and the current pastor Reverend Al Tay- Cleveland. fought for his country, only to return home to lor continued success, grace, peace and cele- face oppressive discrimination. An early advo- bration as a community. f cate of civil rights, Mr. Zeigler battled the dis- f TRIBUTE TO EMILY STOLL criminatory practices of local banks after he was denied funds for a start-up business ven- MICHAEL HUBBERT HON. TOM LATHAM ture because of his race. Even after securing OF IOWA a loan from a local bank, Mr. Zeigler continued HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES to fight for equal treatment until all bank serv- OF MISSOURI Tuesday, June 8, 2010 ices were opened to all African-Americans in IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Madam Speaker, I rise today his community. Tuesday, June 8, 2010 In 1959, Mr. Zeigler was hired as a custo- to recognize Emily Stoll, of Indianola, Iowa, dian for the new Atomic Energy Commission Mr. GRAVES. Madam Speaker, I proudly and congratulate her on her acceptance to the in Germantown, Maryland. After he and other pause to recognize Michael Hubbert. Michael People to People World Leadership Forum minority employees were passed over for nu- is a very special young man who has exempli- held in Washington, D.C. from the 1st through merous promotions, Mr. Zeigler, with the as- fied the finest qualities of citizenship and lead- the 7th of July 2010. sistance of the NAACP, sued the AEC. De- ership by taking an active part in the Boy Chosen for her academic excellence, com- spite overwhelming odds, Mr. Zeigler and the Scouts of America, Troop 288, and earning munity involvement and leadership potential, NAACP won the case and forced the AEC to the most prestigious award of Eagle Scout. this forum will provide Emily with daily leader- offer African-Americans opportunities for ad- Michael has been very active with his troop, ship oriented curriculum, as well as allow her vancement to the higher-paying skilled-labor participating in many scout activities. Over the to visit the historic sights of Washington, D.C. jobs. many years Michael has been involved with and its surrounding areas. Mr. Zeigler continued to play a critical role scouting, he has not only earned numerous The People to People Ambassador Pro- in his community in numerous ways. He orga- merit badges, but also the respect of his fam- grams, founded by President Eisenhower in

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.048 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1038 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 1956 to promote cross cultural and political Her goal was to pursue medical school and to cipient of a Bronze Star Medal for his noble understanding, currently operates on all seven return home as a practicing physician to help service as Commanding Officer of the 443rd continents, has over 400,000 alumni and pro- underserved communities. Transportation Company in support of Oper- vides students with the opportunity to learn Over three million students graduate from ation Iraqi Freedom. Major Studer is a native and establish the necessary tools to become U.S. high schools every year. Most get the op- of Mallard, Iowa and is a current resident of an effective leader. portunity to continue on and live their Amer- Des Moines. Madam Speaker, I commend Emily Stoll for ican dream, but approximately 65,000 youth Major Studer earned the Bronze Star, the her commitment to academic and personal de- are denied this possibility because of their un- Department of Defense’s fourth highest award velopment. She is a future leader of this coun- documented status. Tran and Felix were both given, for his meritorious service, fearless try of whom Iowa is very proud. I am honored outspoken advocates on this issue. The leadership, and dedication to service during to represent Emily and her family in the United DREAM act can solve this injustice by allow- his twenty-one years in the Army Reserve. States Congress and I wish her the best in her ing qualifying undocumented youth a condi- Major Studer has been deployed during future endeavors. tional path to citizenship through the comple- Desert Shield, Desert Storm, and twice during f tion of a college degree or military service. As Operation Iraqi Freedom. Chair of the Congressional Asian Pacific Major Studer’s commitment and courage MEMORIAL RESOLUTION FOR TAM American Caucus, I recognize the needs of during his service in the United States Military TRAN AND CINTHYA FELIX immigrants, especially those that concern our serves as an inspiration for soldier and citizen youth, and have long made comprehensive alike. I commend Major Studer for his selfless HON. MICHAEL M. HONDA immigration reform one of our caucus’ top pri- dedication to our great nation and consider it OF CALIFORNIA orities. Although Tran’s and Felix’s lives were an honor to represent Major Studer and his IN THE HOUSE OF REPRESENTATIVES tragically cut short, let us not forget their mis- family in the United States Congress. I know Tuesday, June 8, 2010 sion. Let us continue to work towards making my colleagues join me in congratulating him the DREAM act a law. and wishing him the best in his future service Mr. HONDA. Madam Speaker, I rise today Madam Speaker, I ask my fellow members to our country. to honor the lives of two young graduate stu- to join me in remembering Tam Tran and f dents, Tam Tran and Cinthya Felix, who both Cinthya Felix. The adversity they faced and died in a tragic car accident on the 25th of their stories of perseverance in achieving the MAY AS WORLD HEPATITIS May of 2010. They were 27 and 26 years of American dream are an inspiration to every AWARENESS MONTH age, respectively. American student who wishes to pursue life’s Tam Tran was born in Germany to Viet- endeavors. HON. MICHAEL M. HONDA namese refugee parents and moved to the OF CALIFORNIA United States at the age of 6. Denied political f IN THE HOUSE OF REPRESENTATIVES asylum in the United States, unable to return IN HONOR OF HOWARD R. to Vietnam for risk of political persecution, and CATHERS, JR. Tuesday, June 8, 2010 refused entry to Germany, her immigration Mr. HONDA. Madam Speaker, I rise to rec- status was in limbo, but Tran proceeded to HON. JOHN H. ADLER ognize May as World Hepatitis Awareness excel and graduate from Santiago High school OF NEW JERSEY Month and May 19th as World Hepatitis Day. in Garden Grove, California, and be admitted I commend the House Energy and Com- IN THE HOUSE OF REPRESENTATIVES to the University of California, Los Angeles merce Committee and House Foreign Affairs (UCLA). As an undergraduate and vocal sup- Tuesday, June 8, 2010 Committee for their support for raising aware- porter of the Development, Relief and Edu- Mr. ADLER of New Jersey. Madam Speak- ness of the risks and consequences of cation for Alien Minors (DREAM) Act, she er, I rise today to honor Howard R. Cathers Jr. undiagnosed Hepatitis B and Hepatitis C infec- joined Improving Dreams, Equality, Access who passed away on May 28, 2010 at the age tions and the need for governmental and pub- and Success (IDEAS), a student organization of 90. Howard was a devoted and loving hus- lic health actions. I also want to thank my that advocates for undocumented immigrant band, father of four, grandfather of eleven, good friends Rep. Ed Towns and Rep. Bill youth and students. Tran shared her story in and great-grandfather of twenty-four. Cassidy for working with me on hepatitis congressional testimony, newspaper inter- Mr. Cathers served his country honorably in issues and speaking out on World Hepatitis views, and events across the country. She the U.S. Navy during World War II, in Oki- Day. eventually produced a collaborative student nawa, Japan, and was a member of Browns An estimated 5.3 million people living in the publication entitled, Underground Undergrads: Mills Memorial Veterans of Foreign Wars Post United States are infected with either Hepatitis UCLA Undocumented Immigrant Students 6805 and the Seabees. B or Hepatitis C. Hepatitis viruses are highly Speak Out, an account of the struggle facing Howard was a resident of Browns Mills for contagious viruses that infect the liver, cause undocumented UCLA students and relevant forty-eight years. He was a stationary engineer liver disease, liver cancer, and premature legislation. She went on to become a Ph.D. for Buttonwood Hospital, drove a school bus death. Hepatitis patients are found in every candidate in American Civilization at Brown for the Pemberton Township Board of Edu- Congressional district in every state across the University. cation, and he and his late wife, Frances, U.S. Tragically, more than half are unaware of Cinthya Felix was born in Mexico and immi- worked for the Burlington County Times as their status. Hepatitis is often called a silent grated to the United States at the age of 15. newspaper carriers. Howard was also a mem- crisis, but we cannot afford to be silent any Despite a late start, she eventually graduated ber of Browns Mills Senior Citizen Club and more, and we will not be silent any more. from Garfield High School in East Los Angeles St. Ann’s Church. In his retirement he enjoyed I introduced H.R. 3974, the Viral Hepatitis at the top of her class and was admitted to making miniature doll house furniture. and Liver Cancer Control and Prevention Act UCLA in 2003. As an undocumented student, Madam Speaker, I hope you will join me of 2009 to unite the Hepatitis B and Hepatitis she conducted research on educational in- and a grateful nation in paying tribute to the C community in a singular cause. H.R. 3974 equalities and was one of the founders of the life of this honorable man for his many con- will amend the Public Health Service Act to student run organization IDEAS, where she tributions to his community and to our great make critical improvements for education for worked with Tran. She graduated from UCLA country. patients and health care providers, access to in 2007 with a double major in English World f immunization and screening, and surveillance Literature and Spanish Literature and was ad- and referral to care programs. The Act will mitted to Masters in Public Health programs at TRIBUTE TO MAJOR KERRY M. also put in place a coordinated federal re- Colombia University and the University of STUDER sponse to fight viral hepatitis. Through this Michigan. Because of her undocumented sta- legislation, and with strategic investments in tus, Felix was unable to access financial aid HON. TOM LATHAM public health and prevention programs, the and had to defer her admissions. With much OF IOWA lives of tens of thousands of people across the determination, Felix spearheaded an online IN THE HOUSE OF REPRESENTATIVES nation will be improved. fundraising campaign and was able to matricu- I commend the Obama Administration and late at Colombia University a year later, be- Tuesday, June 8, 2010 Assistant Secretary for Health at the Depart- coming the first undocumented student in the Mr. LATHAM. Madam Speaker, I rise today ment of Health and Human Services Dr. How- history of the school’s public health program. to recognize Major Kerry M. Studer as a re- ard Koh for developing an intradepartmental

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For- I urge all of my colleagues to support the ice in many of Iowa’s youth. merly homeless children are succeeding in goals and ideals of World Hepatitis Awareness I know that my colleagues in the United high school, and a number have gone on to Month and to support H.R 3974. Through States Congress join me in recognizing Joyce college. I have been truly blessed to encoun- comprehensive education, research, and co- Patterson’s service to the youth of Boone ter so many good people who have overcome ordination, we can highlight the global nature County. I consider it an honor to represent such extraordinarily difficult circumstances. of chronic viral hepatitis epidemics, work to Joyce in Congress, and I wish her much hap- They are an inspiration to all of us.’’ improve the quality of life for those diagnosed, piness during her retirement. Gloria Guard is not only a winner, she’s an and prevent further spread of the disease. f award winner. Her work earned her the 2004 f Philadelphia Award, an honor reserved for the HONORING GLORIA GUARD, RETIR- city’s most notable philanthropists, artists, po- RECOGNIZING THE 130TH ANNIVER- ING AS PRESIDENT OF THE PEO- litical visionaries, and social activists. She has SARY OF THE FIRST NATIONAL PLE’S EMERGENCY CENTER OF also received the Sower’s Seed Award from BANK OF WEATHERFORD, TEXAS PHILADELPHIA Trinity Washington University (2009), the Gold Coin Award from Inglis Foundation (2008), HON. KAY GRANGER HON. CHAKA FATTAH and was named one of the 75 Greatest Living OF PENNSYLVANIA OF TEXAS Philadelphians by the Philadelphia Eagles and IN THE HOUSE OF REPRESENTATIVES Dunkin Donuts (2007) and Citizen Volunteer of IN THE HOUSE OF REPRESENTATIVES Tuesday, June 8, 2010 the Year by the United Way of Southeastern Tuesday, June 8, 2010 Mr. FATTAH. Madam Speaker, one of Phila- Pennsylvania (2001). Other honors include the Ms. GRANGER. Madam Speaker, I rise delphia’s most forceful and effective advocates Community Champion Award of the National today to recognize the First National Bank of for homeless women and children is moving Association of Housing and Redevelopment Weatherford, Texas, which has been serving into well earned retirement at the end of this Officials (2005), the Philadelphia Bar Founda- the banking needs of the families and busi- month. tion’s Louis D. Apothaker Award (2000), and nesses of Weatherford and Parker County for Gloria Guard has been President of the the Professional Women’s Roundtable award 130 years. People’s Emergency Center since 1983— for 2009. The First National Bank has operated in the when she started by overseeing rented space Now she can add yet another honor: To- City of Weatherford, Texas, continuously since in an old church that was only open week- night, on Tuesday June 8, 2010, Gloria Guard May 15, 1880, and is the oldest national bank ends. On July 1 she bequeaths to her still-to- is being feted by the People’s Emergency charter in the state. Given the trouble the be-chosen successor a nationally respected Center and awarded PEC’s own 2010 Imprint banking industry has faced in the last several $6 million agency that serves 400 women and Award for ‘‘Nurturing Families, Strengthening years we can all appreciate this enormous ac- children a year while developing almost 200 Families, Driving Change.’’ The venue is one complishment, which speaks to the strong affordable and special needs housing units in of Philadelphia’s most glittering, the Crystal leadership that has steered the bank over the the Powelton neighborhood of West Philadel- Tea Room at the Wanamaker Building, across course of its impressive history. phia in the 2nd Congressional District. Not from City Hall. The invitation beckons Gloria’s First National Bank is a true community only that, she has led PEC to establish 25 friends, supporters, admirers, staff, volunteers, bank with directors, officers, and employees small businesses, eliminate 110 vacant lots, PEC alumni and alumnae to salute this ‘‘pas- who are committed to serving the needs of its and repair houses and storefronts seemingly sionate voice of homeless families in Philadel- customers. As with so many community banks everywhere in Powelton. phia, the power behind neighborhood revital- the employees are so engaged in the It is a large footprint, and it is a visionary ization, and nationally recognized public policy Weatherford community because they are approach to the changing face of homeless- leader who gets results. Join us to thank Glo- from the community. ness. It is Gloria Guard’s approach. John ria for devoting her life to social justice and The bank has a strong record as a good Kromer, former director of Philadelphia’s Of- the public interest.’’ neighbor, contributing to the growth of the City fice of Housing and Community Development, Amen to that. Philadelphia is a better place, of Weatherford and Parker County by sup- put it best in a newspaper interview about Glo- a more nurturing and supportive community, a porting commerce, local charities and commu- ria’s retirement announcement: ‘‘PEC is not place where women and children can find nity events. just about homelessness. It’s about bringing safety, security and vital services, because for I congratulate the First National Bank on up the entire neighborhood.’’ 27 years Gloria Guard has worked relent- this significant milestone and wish them con- Gloria Guard has brought $80 million into lessly, passionately through the People’s tinued success in the future. the People’s Emergency Center and to her Emergency Center to end family homelessness. Gloria Guard’s legacy is secure, and it f causes, much of it in federal affordable housing resources. I have been an admirer and a is magnificent. TRIBUTE TO JOYCE PATTERSON willing target of Gloria’s smiling determination f to get what she and her clients need. That has RECOGNIZING THE BEACON GROUP HON. TOM LATHAM made me a frequent visitor at the joyous rib- AND THE ABILITYONE GROUP OF IOWA bon cutting ceremonies and hopeful house IN THE HOUSE OF REPRESENTATIVES tours she has arranged that have pointed the ´ way toward a better life for thousands of Phila- HON. RAUL M. GRIJALVA Tuesday, June 8, 2010 OF ARIZONA delphians. IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Madam Speaker, I rise today One of the statistics Gloria Guard show- to recognize Joyce Patterson on the occasion cases is that over 90 percent of PEC’s shelter Tuesday, June 8, 2010 of her retirement after 22 years of dedicated and transitional housing residents remain self- Mr. GRIJALVA. Madam Speaker, today I service as 4–H youth coordinator with the sufficient after graduating from the Center’s rise to recognize the AbilityOne program, Iowa State University Extension of Boone programs. While she directs the hands-on which over the past several years has offered County, Iowa. work of PEC, she has stepped up as a com- skills and jobs training to more than 42,000 Joyce has not only been a dedicated em- pelling advocate for changes in local and na- Americans who are blind or have significant ployee but she has touched every aspect of tional policy that reflect the community of the disabilities. the 4–H Community. She has been actively in- homeless that she knows so well. She has The AbilityOne Program harnesses the pur- volved in 4–H for the past 25 years as a mem- pushed hard to change federal priorities and chasing power of the Federal Government to ber, club leader, employee, and pioneer in this funding to deal with the women and children buy products and services from participating organization. who increasingly face long-term homelessness community-based nonprofit agencies dedi- Joyce’s service to the youth of Boone Coun- for a complexity of reasons, not just concen- cated to training and employing individuals ty is truly something to be admired. The 4–H trating on the predominantly male homeless with disabilities. This program affords Ameri- mission is to empower youth to reach their full population that is most visible on city streets. cans with disabilities the opportunity to receive

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IN THE HOUSE OF REPRESENTATIVES of delivering federal farm programs directly to It is with great pride that I also acknowledge Tuesday, June 8, 2010 Iowa Farmers. His dedicated service has the Beacon Group Inc., one of the many social Mr. ISSA. Madam Speaker, I rise today to helped countless Iowa farmers and contributed enterprises dedicated to enriching the lives of recognize Brigadier General Richard L. to Iowa’s strong agricultural economy. people with disabilities. Simcock, United States Marine Corps. Although Charlie is retiring from his position Since its beginning in 1952, the Beacon From August 2009 to June 2010, Brigadier as County FSA Director, he plans to continue Group has been committed to providing em- General Simcock distinguished himself to be an active member of Sacred Heart ployment-related opportunities to people with through meritorious service while serving as Catholic Church in Osage and spend more disabilities. It provides access to real work for the Legislative Assistant to the Commandant time volunteering in the community through a segment of the community that traditionally of the Marine Corps. Utilizing his leadership, many of the local organizations he has been bears an unacceptably high unemployment communication skills, and dedication to duty, active in including the Osage Knights of Co- Brigadier General Simcock contributed to nu- rate. The Beacon Group now serves over lumbus, Osage Lions Club, Osage Kiwanis, merous successes of the overall Marine Corps 1,600 people with disabilities annually by pro- and Osage Cub Scouts. mission. His knowledge of and experience in I know that my colleagues in the United viding a variety of employment opportunities Congressional affairs, combined with an em- States Congress join me in recognizing Char- and educational and social rehabilitation pro- phasis on Congressional relationships ad- lie Heidersheit and thanking him for his serv- grams, all of which help lead to more mean- vanced the Commandant’s strategy and vi- ice to the State of Iowa. I consider it an honor ingful and productive lives. sion. His leadership during this period has en- to represent Charlie in Congress, and I wish Madam Speaker, it is with great pleasure abled the Marine Corps to continue to suc- him a long, happy and healthy retirement. that I offer my support to the AbilityOne Pro- ceed despite high operational tempo and un- f gram and commend the dedication and com- precedented interest in Marine Corps activi- mitment of the Beacon Group’s President, Mr. ties. SHAWNEETOWN BICENTENNIAL Steven King, and his staff, for helping individ- Brigadier General Simcock has developed uals who are blind or have significant disabil- an exceptional relationship with Members of HON. JOHN SHIMKUS ities find employment. Their work helps people Congress and staff members. We benefitted OF ILLINOIS live fuller lives and become more active mem- from his counsel and tireless work to provide IN THE HOUSE OF REPRESENTATIVES answers to our questions about the Marine bers of society. I also commend the many Tuesday, June 8, 2010 AbilityOne employees who work every day to Corps, Marines and their families. This strong improve the lives of others and make our professional relationship is a direct reflection Mr. SHIMKUS. Madam Speaker, I rise today country a better place to live. on Brigadier General Simcock’s dedication, to honor the City of Shawneetown, Illinois, foresight, and proactive approach during his upon its bicentennial. Shawnetown was estab- f time as the Commandant’s Legislative Assist- lished as a city by the Federal Government in ant. 1810 and is the oldest chartered city in the TRIBUTE TO LUCY CHEN Working in concert, Brigadier General State of Illinois. Simcock, the Armed Services Committees and Shawneetown was home to the first bank in numerous other Members of Congress, have the Illinois Territory, chartered in 1816 and lo- HON. TOM LATHAM helped to ensure the health of the Marine cated in the John Marshall residence near the Corps. In the past year, Brigadier General Ohio River Bridge. The first State bank in Illi- OF IOWA Simcock’s input and experience were para- nois was built in 1839–1840 in Shawenetown. IN THE HOUSE OF REPRESENTATIVES mount in the continued development, support, General Marquis de LaFayette, of France, acquisition, and championing of Marine Corps visited Shawneetown in 1825, as part of his Tuesday, June 8, 2010 initiatives and programs such as the Joint famous tour of America after he had served so Strike Fighter. During this period, excluding valiantly during the American Revolution. Mr. LATHAM. Madam Speaker, I rise today hearings and official travel, General Simcock Shaweetown was flooded by great flood of to recognize Lucy Chen, of Ames, Iowa, who has responded to 3,886 Congressional Inquir- 1937. The gauge read 66 feet, which was five is among the outstanding U.S. high school ies, 779 official requests-for-information from feet higher than the top of the levee. Following students selected to attend the annual Re- Members and Professional Staff, and con- the 1937 flood, Shawneetown moved three search Science Institute sponsored by the nected Members with Marine General Officers miles west and was surveyed by the Federal Center for Excellence of Technology and the on 425 occasions. His understanding of the Government. Massachusetts Institute of Technology (MIT). legislative processes, his responsiveness and Today, Shawneetown is the home of Bunge The mission of the Center for Excellence of accurate, forthright communication with the Grain Corporation, Power Inc., Shawneetown Technology is to nurture young scholars to ca- Congress has furthered comprehensive sup- Harbor Service, Inc., a Peabody Coal Com- reers of excellence and leadership in science, port for the Marine Corps. pany River Dock and several other small busi- technology, engineering, and mathematics. Brigadier General Simcock’s leadership has nesses. The Research Science Institute is a highly set a new standard for the Office of Legislative I would like to congratulate the citizens of competitive six-week program which empha- Affairs and his genuine devotion to Corps and Shawnetown as they celebrate 200 years of sizes advanced theory and research in mathe- Country will ensure the Marine Corps is ‘‘most success. May God bless Shawneetown for matics, the sciences, and engineering. Lucy ready when the Nation is least ready’’ for many years to come. was selected for this program upon scoring in many years to come. f the upper one-percent of U.S. student PSAT f RECOGNIZING DONALD DYE—WIN- exam scores. From June to July 2010, Lucy TRIBUTE TO CHARLIE NER OF THE TOP TEACHER will learn from distinguished professors and HEIDERSHEIT AWARD conduct a research project at MIT. I commend Lucy for her commitment to aca- HON. TOM LATHAM HON. TOM LATHAM demic achievement and leadership in science OF IOWA OF IOWA and technology. She is a future leader of this IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES country of whom Iowa is very proud. I am honored to represent Lucy and her family in the Tuesday, June 8, 2010 Tuesday, June 8, 2010 United States Congress and I wish her the Mr. LATHAM. Madam Speaker, I rise to rec- Mr. LATHAM. Madam Speaker, I rise today best in her future endeavors. ognize the retirement of Charlie Heidersheit, a to recognize Donald Dye, an English teacher

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.026 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1041 at the Belmond-Klemme Community School needing advice not only in academics, but military, a discriminatory and self-defeating District in Belmond, Iowa, for winning the na- often adapting to college life or dealing with policy that I have opposed from its inception. tional ‘‘Top Teacher Award’’ search. Mr. Dye life’s struggles. You will find college students Our restrictive policy undermines our na- was named the top teacher on the Live with stopping by the school just to check in with tional security. It has resulted in the discharge Regis and Kelly television program. Mr. D. of more than 13,000 trained and qualified men Mr. Dye was recommended for the award ‘‘All students’ self worth and pride are very and women from our armed forces. It has by Jim and Dianna Suntken and Curt and important to Mr. Dye. He wants them to feel caused thousands more not to re-enlist and Diane Stadtlander, who wrote of Don in their good about themselves. He will often brighten countless others not to serve at all. nomination essay: their moods or spark up their energy levels That these brave men and women are being ‘‘Teaching is his passion! He believes in a with music and a ‘‘little dance’’ as they enter denied the opportunity to serve their country is good education for all and that school pride class. No student will ever go hungry around a grave injustice. And, we have been so mis- makes good citizens and a better world. Mr. Mr. D, due to lack of time or money. There is guided in our pursuit of this discriminatory pol- Dye is affectionately known to his students always a tub of healthy food. He feels that if icy that we have ignored the very real harm it and friends as ‘‘Mr. D’’. He is a compas- students are hungry, their minds are not as causes our military personnel at a time when sionate, unselfish teacher who believes that all sharp. Students also know where to get a tie our nation is engaged in two wars and the students, no matter their life styles or race, are for speech day, socks or sweatshirts if they need for talented and dedicated service mem- all worthy and should always be taken seri- are cold, or many other necessities that can bers could not be greater. ously. All students are treated equal and spe- be found in his cupboards. Twenty-five advanced militaries throughout cial by him. ‘‘We hope you will carefully consider Mr. the world, including our closest allies such as ‘‘Don Dye teaches English/literature and Donald Dye as one of your top teachers, be- Israel, Canada, and Britain, allow gays and short stories at the Belmond/Klemme high cause he never expects any praise or to be in lesbians to serve and none have seen any school in our small community of Belmond, the spotlight. Belmond parents are very grate- damage to their readiness. In stark contrast, Iowa, where he has taught many different age ful to have him as a teacher for their children the United States military, because of ‘‘Don’t levels for 37 years. He is respected and and role model for all. His favorite motto is Ask, Don’t Tell,’’ has undermined its readiness looked to for advice by fellow teachers not ‘‘Celebrate the Day’’, so we want to celebrate by discharging capable fighter pilots, infantry only for his teaching expertise, but for his a day for Mr. Dye!’’ officers, translators, and other highly trained warm and bubbly personality and incredible Madam Speaker, Mr. Dye’s award also un- specialists who are in high demand. sense of humor. He has been on many com- derscores the powerful sense of community in Admiral Mullen, Chairman of the Joint mittees and boards in the local school, area, the Belmond-Klemme School District, which Chiefs of Staff, has said, ‘‘we have in place a and state. rallied around Mr. Dye when it was announced policy which forces young men and women to ‘‘On the first day of school, Mr. D supplies that he was a finalist for the award. Always a lie about who they are in order to defend their the students with his home and cell phone humble man, Mr. Dye is among the first to ac- fellow citizens.’’ Today, many Americans de- number and strongly encourages them to call knowledge that this award, which was deter- fending our nation could be subject to a ‘‘Don’t him night or day, no matter what the prob- mined by online voting and presented live on Ask, Don’t Tell’’ dismissal. They should be lem—whether if its to retrieve something from ‘‘Regis and Kelly,’’ couldn’t have happened able to serve without fear that their nation will a locker, help writing a paper, and most impor- without the community-wide effort and support. punish them for being open about who they tantly if they need a friend or someone to lis- The award underscores the value that Iowa are. ten to them. He always says no problem is too has always placed on education. Every stu- ‘‘Don’t Ask Don’t Tell’’ is contrary to the val- big or small. He is always available 24-7 with- dent who has gone to school in Iowa knows ues this country stands for. America was out fail. His family and friends tease him about a great teacher like Mr. Dye, and every com- founded on the principle of human dignity and not getting enough sleep, because his phone munity in the state does everything it can to on the belief that all men are created equal— is always ringing. Just the other day a young make sure students have the best possible and yet this policy perpetuates the absurd no- boy needed someone to talk to about his sis- chance to succeed in the classroom. Iowans tion that some are more equal than others. ter lying in a hospital bed while taking chemo- know that the best way to invest in the future Those who oppose the repeal of ‘‘Don’t Ask, therapy and he knew that Mr. D always has of our state is to invest in the education of our Don’t Tell’’ are using the same language used time to listen. His closest friends know that he children. Mr. Dye’s award is a testament to the by those who opposed the racial integration of keeps his simple apartment, so he can have commitment we place on education. our Armed Forces in 1948, fought the inclu- time to help people and families in need. Mr. Dye is an incredible teacher, and his sion of women, and argued against the Civil Many years ago he lost the love of his life in dedication to his profession and to his stu- Rights Act in 1965. The arguments are just as a car accident; and since then he has devoted dents should make every Iowan proud. It’s an wrong today as they were then. his life to helping others. honor to represent him and the people of the I want to commend Speaker PELOSI and ‘‘Don Dye also takes great pride in our com- Belmond-Klemme Community School District President Obama for their leadership on this munity. He has served on many boards, com- in the United States Congress, and I know issue, and I ask all of my colleagues to sup- munity events, and helped with many fund- that my colleagues in the House join me in port repeal. Passage of this amendment will raisers for students or people in the commu- congratulating ‘‘Mr. D’’ on this well-deserved bring an end to this shameful inequity. nity suffering from cancer, needing organ award and thanking him for his dedicated f transplants, or other crises. He makes hospital service to his community and America’s youth. visits, always surprising people with baked IN SUPPORT OF ‘‘LEAVE NO CHILD goods, and helping neighbors in need in some f INSIDE MONTH’’ way—even if they don’t think they are ‘‘in NATIONAL DEFENSE AUTHORIZA- need’’. If someone is short on money, he will TION ACT FOR FISCAL YEAR 2011 HON. MIKE QUIGLEY help them financially or lend a listening ear. OF ILLINOIS SPEECH OF He says he is just ‘‘doin’ what his mamma and IN THE HOUSE OF REPRESENTATIVES papa taught him’’, being raised a Pastor’s kid and learning this as a child. Don is very active HON. HENRY A. WAXMAN Tuesday, June 8, 2010 in church, including his second biggest pas- OF CALIFORNIA Mr. QUIGLEY. Madam Speaker, June is sion of sharing his talent of music—playing the IN THE HOUSE OF REPRESENTATIVES ‘‘Leave No Child Inside Month,’’ a time when organ or singing in choirs. He is often found Thursday, May 27, 2010 parents and children are urged to explore, helping involve other people and youngsters to The House in Committee of the Whole play and enjoy the outdoors in Illinois. share their musical talents. House on the State of the Union had under From Millennium Park to Lincoln Park Zoo, ‘‘But the ‘‘job’’ that Mr. Dye is the most pas- consideration the bill (H.R. 5136) to authorize the Greenbelt Forest Preserve to McHenry sionate about is his teaching. You will often appropriations for fiscal year 2011 for mili- Dam, families will be fishing, picnicking and find him on the weekends at the school work- tary activities of the Department of Defense, learning beneath trees, beside beautiful lakes ing on papers, thinking of great ways to in- to prescribe military personnel strengths for and amidst the natural treasures of Illinois. volve the students and present his literature, such fiscal year, and for other purposes: This January, I passed a resolution honoring helping students fill out scholarship papers, or Mr. WAXMAN. Madam Chair, I rise today in the Chicago Wilderness and the 250 organiza- helping former students with college work. And strong support of the amendment to repeal the tions that make up this group of environmental his cell phone still rings with college students ‘‘Don’t Ask, Don’t Tell’’ policy of our nation’s enthusiasts.

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JN8.036 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1042 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 They understand that children who grow up cational foundation, these volunteers aimed to tive course of service to our great nation, the with an understanding of the land, air and help local children of preschool age in valu- Ohio Army National Guard’s 1483rd Transpor- water surrounding them grow into environ- able areas such as the English language and tation Company has demonstrated its commit- mentally conscious adults. developmental growth. ment to the cause of freedom. These soldiers These adults are actively involved in efforts The Trinity Lutheran Church of Dover have contributed to the long history of the U.S. to clean, restore and preserve our precious re- loaned El Primer Paso meeting space for its Army Transportation Corps, dating back to sources. first year, but in 1970 it moved to a house on 1942. This month shows children that catching- Richards Avenue, owned by the Holy Rosary This Walbridge, Ohio-based Guard unit trav- and-releasing fish, playing with mud, and Church. Seven years later, the organization elled over 325,000 miles, carrying with it al- building a fort beat a video game any day. received a Comprehensive Employment and most 33,000 tons of equipment in support of I look forward to joining the fun. Training Act grant, its first government assist- America’s efforts in Iraq. These soldiers con- f ance. This grant allowed El Primer Paso to ducted nearly 150 combat patrols, five vehicle pay the salaries of two teachers, paving the recovery operations and a humanitarian mis- WESLEYAN CHRISTIAN ACADEMY way for the establishment of a formal program, sion where educational materials were WINS IT ALL AGAIN complete with two half-day sessions, five days shipped abroad. The 1483rd Transportation a week. Company also moved over 400 Mine Resist- HON. HOWARD COBLE In 1980, El Primer Paso added adult lan- ant Ambush Protected vehicles, nearly 150 OF NORTH CAROLINA guage courses in response to numerous re- Bradley Fighting Vehicles and M1 Abrams IN THE HOUSE OF REPRESENTATIVES quests from parents of the preschoolers. tanks, and also helped in the U.S. military Tuesday, June 8, 2010 These courses have since flourished into a drawdown initiative in Iraq. thriving English as a Second Language Pro- The 1483rd Transportation Company is de- Mr. COBLE. Madam Speaker, on behalf of gram, teaching local adults valuable commu- serving of the greatest respect and our highest the citizens of the Sixth District of North Caro- nication skills for both work and social environ- honor. These individuals have not only ably lina, we wish to extend our congratulations to ments. and faithfully served our great nation in the the Wesleyan Christian Academy’s baseball In 1984, El Primer Paso further expanded to theater of war, but have selflessly supported team for winning its second North Carolina include a preschool program for three year- humanitarian efforts in the wake of Hurricanes Independent Schools Athletic Association 3A olds. Four years later, the organization also Katrina and Gustav. Surely, America’s safety state championship in three seasons. began sponsorship of a Family Childcare Pro- and wellbeing have been strengthened by its Wesleyan Christian Academy defeated gram, which provides training to those who steadfast service. Forsyth Country Day School for the title. The desire to open Family Childcare homes. It also Madam Speaker, I ask my colleagues to join team at Wesleyan Christian Academy fought became a sponsor in the New Jersey Depart- me in paying special tribute to the Ohio Army hard to obtain its second state title. The team ment of Agriculture’s Family Child Care Food National Guard’s 1483rd Transportation Com- exhibited exorbitant amounts of determination Program, ensuring that children receiving pany. America is well served by dedicated and teamwork in order to claim the champion- childcare from registered providers would re- service men and women who have gone ship title for the second time. Trojan catcher, ceive nutritionally balanced meals and snacks above and beyond the call of duty to protect Chris Ferrante, hit a three-run homer against at no cost to their parents. our beloved nation. On behalf of the people of Forsyth Country Day, which proved to be just Finally, in November 2000, after many years the Fifth Congressional District of Ohio, I am enough to defeat the Furies. Ferrante along of borrowing space from the Holy Rosary proud to recognize these citizen soldiers upon with teammates, David Anderson and Bennett Church, El Primer Paso opened the doors to their return from serving America’s interests in Hixon, displayed excellent fieldwork that fur- its brand new facility at 29 Segur Street in Operation Iraqi Freedom. ther solidified Wesleyan Christian’s lead. This Dover. Then, in 2009, the organization re- f championship game required tremendous skill ceived accreditation from the National Asso- and athleticism, not to mention, great advice ciation for the Education of Young Children, a REID JOHNSON AND PAL and wisdom from Head Coach Scott Davis standard met by fewer than ten percent of and his coaching staff. preschools across the nation. HON. DAVID G. REICHERT The championship team members included El Primer Paso continues to look toward to- OF WASHINGTON Donnie Caldwell, Casey Corn, Cameron morrow as it prepares to expand its facilities. IN THE HOUSE OF REPRESENTATIVES Hendrix, Bennett Hixson, Nick Blackwood, As they have the most devoted staff and Tuesday, June 8, 2010 Kyle Washam, David Anderson, Nathan trusties, the future of their school, as well as Midkiff, Chris Ferrante, Vincent Banks, Greg their students, is sure to be bright. Mr. REICHERT. Madam Speaker, I rise Key, Cameron George, and Ethan Brown. The Madam Speaker, I ask you and my col- today in recognition of an enthusiastic public coaching was led by Scott Davis, and his able leagues to join me in congratulating El Primer servant, someone who works tirelessly in our assistant John Pavlack. Paso Ltd., for its 40 years of admirable service community, and who has a big heart for young Again, on behalf of the Sixth District of to the community. people and a dedication to law enforcement. North Carolina, we would like to congratulate f Reid Johnson, a King County Sheriff’s Office the Wesleyan Christian Academy baseball Sergeant and the Executive Director of the team, the faculty, staff, students, and fans for A SPECIAL TRIBUTE TO THE OHIO Greater King County Police Activities League an outstanding season. ARMY NATIONAL GUARD’S (GKCPAL), continues to make a remarkable f 1483RD TRANSPORTATION COM- difference in the lives of thousands of young PANY UPON ITS RETURN FROM people throughout King County. CONGRATULATING EL PRIMER DEPLOYMENT Madam Speaker, the GKCPAL is not an ex- PASO LTD. tension of the King County Sheriff’s office. It is HON. ROBERT E. LATTA a chapter of the nationwide PAL program; in HON. RODNEY P. FRELINGHUYSEN OF OHIO other words, everyone working on behalf of OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES the GKCPAL is a volunteer. No one, Madam IN THE HOUSE OF REPRESENTATIVES Speaker, gives more time than Reid. His Tuesday, June 8, 2010 name is now synonymous with law enforce- Tuesday, June 8, 2010 Mr. LATTA. Madam Speaker, it is with a ment and public service in King County. He Mr. FRELINGHUYSEN. Madam Speaker, I great deal of pride that I rise to pay a very spends time at schools, gymnasiums, and rise today to honor El Primer Paso Ltd., a pre- special tribute to a brave group of individuals local hangouts—anywhere young people may school located in Dover, Morris County, New fro Ohio. The 1483rd Transportation Company need guidance and direction. Reid is doing so Jersey, which is celebrating its fortieth anni- is celebrating its return from service in the the- much to make our community a better place, versary. ater of Operation Iraqi Freedom and the Madam Speaker, and I thank him for his serv- In 1969, a group of volunteers formed El broader conflict of America’s Global War on ice. Primer Paso with the intent of preparing chil- Terror. The national PAL program is recognized by dren from the local Hispanic community for the There is no question the Ohio National the Department of Justice as a juvenile delin- public school education curriculum. Realizing Guard is one of the fundamental military com- quency reduction program. In King County, the unparalleled importance of a solid edu- ponents of our country. Over its brief but ac- PAL gives young people a productive outlet

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.051 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS June 8, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1043 through mentoring, music, and a variety of I am also a co-sponsor of H. Res 704 that HONORING WORKERS WHO PER- other activities. Reid doesn’t sit in an office has 224 bi-partisan co-sponsors and supports ISHED IN DEEPWATER HORIZON and direct these programs. He is constantly in the rights of the Iranian dissident members in ACCIDENT engaging individuals and families, and devel- Camp Ashraf, Iraq. We must condemn at- oping new and unique ways to make a dif- tempts by the Iranian regime and the Al-Maliki SPEECH OF ference. Madam Speaker, I urge every one of Government to harm these Iranian political ref- HON. LAURA RICHARDSON my colleagues to support their local PAL chap- ugees. OF CALIFORNIA ter—the programs available make a big dif- Finally, I praise New Jersey Assemblyman IN THE HOUSE OF REPRESENTATIVES ference in the lives of our young people, and John Bramnick and the teen advocacy pro- Wednesday, May 26, 2010 to our overall public safety. gram No Nukes for Iran for planning a rally in Reid’s work with PAL is helped by his work Trenton on June 10. This event is sponsored Ms. RICHARDSON. Mr. Speaker, I rise overseeing the School Resource Officers with by numerous Jewish organizations who wish today in support of H. Res. 1347, which hon- the King County Sheriff’s Office. Reid is effi- to raise awareness of the danger a nuclear ors the lives of the 11 workers who were trag- cient and effective at what he does because Iran poses for the citizens of Iran, as well as ically killed in the explosion on the Deepwater everyone he encounters knows he means Israel and the U.S. As a conferee on the Iran Horizon offshore oil platform off the coast of what he says. Reid is a dedicated servant. Sanctions Conference Committee, I will con- Louisiana. It also commends the rescue work- He’s a special man and King County is a bet- tinue to support prompt, aggressive action to ers who courageously responded to the explo- ter place because of him. deter Iran’s nuclear ambitions. I also praise sion. They showed tremendous strength by Madam Speaker, I ask this House to join New Jersey government officials and non-prof- risking their lives to save those of others. me in thanking Reid for his service and to it groups for divesting pension and annuity I thank Chairman TOWNS for his leadership wish him the very best as he continues to funds from companies that do business with in bringing this bill to the floor. I also thank the mentor and affect the lives of our promising Iran’s petroleum sector. sponsor of this legislation, Congressman young people. I am honored to stand with the thousands of MELANCON, for honoring the individuals who f Iranians who have dared to voice their opposi- lost their lives in the explosion. In addition, I would like to commend the Congressman for FREEDOM FOR PEOPLE OF IRAN tion to the current regime and the journalists who have had the courage to cover their ac- his commitment to serving the people of South tions. Louisiana and promoting the interests of the HON. SCOTT GARRETT Gulf Coast region throughout the many chal- OF NEW JERSEY f lenges it faces. Congressman MELANCON is a IN THE HOUSE OF REPRESENTATIVES CONGRATULATIONS TO THE champion of South Louisiana’s hard-working Tuesday, June 8, 2010 CONCORDIA ORIOLES BASEBALL people, ecologically unique coastal environ- Mr. GARRETT of New Jersey. Madam TEAM ment, and nationally cherished culture. Speaker, on Saturday, June 12, 2009, the Ira- My thoughts and prayers go out to the fami- nian people went to the polls to vote in Iran’s HON. IKE SKELTON lies and friends of the 11 individuals who tenth presidential election. Today, almost ex- OF MISSOURI passed away in the explosion. I know that actly one year later, two things have become IN THE HOUSE OF REPRESENTATIVES they will be missed by their neighbors, friends, and coworkers, but most of all by their fami- much clearer. Tuesday, June 8, 2010 First, we have seen just how oppressive lies, who will mourn their loss more than we and authoritarian the Iranian regime is. When Mr. SKELTON. Madam Speaker, it is my can imagine. The men who passed away on Iranian citizens took to the streets to dispute honor to inform you that on Thursday, June 3, April 20, 2010, were loving husbands, sons, the results of the election, government officials the Concordia High School Orioles baseball and brothers. We must offer our support and responded with violence, murdering innocent team became the 2010 1–A Missouri State care to their families in this time of need. people like Neda Soltan and assaulting others. Champions. Under Head Coach Nathan Hopefully, this tragic event can serve as a Rather than apologizing for these atrocities, Beissenherz and Assistant Coach Brandon poignant reminder of the need for strong regu- President Ahmadinejad dismissed the initial Figg, the team finished the season with a 19– lations and workplace protections in the off- unrest as ‘‘not important’’ and accused foreign 3 record. This is the first state championship shore oil and gas industry. Measures must be media of launching a ‘‘psychological war’’ for any sport in Concordia High School history. put in place to ensure that a disaster of this against Iran. In the months following the elec- After a 15–3 regular season record, the Ori- kind never happens again. Offshore oil and tion, government officials continued to arrest, oles defeated Wellington (4–2) in the Class 1– gas exploration is a line of work that inevitably torture, and imprison protestors and their fam- A Sectional and then defeated Liberal (5–2) in carries personal safety risks. However, with ily members. Quarterfinal play. This earned the club a trip to frequent safety checks, more stringent regula- Even now, the government’s persecution of the finals in Springfield, Missouri, which was tions, and the implementation of the most pro-democracy demonstrators continues. On hosted at Drury University’s Meador Park. The modern technologies, we can mitigate these May 9, five political prisoners, four of them Orioles then defeated St. Elizabeth (9–3) and risks and promote the safety and wellbeing of Kurds, were hung. The following day, the Ira- played Brashear in the final game. The team all workers in the industry. nian court sentenced a Newsweek reporter, in played solid defense and took advantage of In addition to the tragic human cost of the abstentia, to 13 years in prison. In addition, opportunities in the field and at the plate, explosion, the resulting oil spill in the Gulf of Amnesty International reported a few weeks which propelled the CHS Orioles baseball Mexico continues to pollute and degrade the ago that 6 more people were sentenced to team over Brashear (6–1) to win the state vital ecosystems in the Gulf and the sur- death for their association with the banned Ira- championship. rounding coastal regions. We are only begin- nian opposition, or having visited the group’s Members of the Concordia Orioles baseball ning to feel the massive environmental toll of Camp Ashraf, in Iraq. team include: Collin Werths, Drew Smith, Kent the spill, which is likely to devastate an envi- Second, we have seen just how much the Schuette, Dustin Heineken, Alic Frerking, ronment that is the backbone of the South Iranian people desire freedom from the current Blake Smith, Tyler Tolias, Blake Heimsoth, Louisiana economy and on which thousands regime. Despite the threat of injury and even Travis Flandermeyer, Jesse Flandermeyer, of individuals depend for their livelihood. We death, Iranian citizens continue to express Carter Brown, Hayden Brown, Jacob Sum- must stand in solidarity with the people of the their displeasure with the current government. mers, Jacob Harms, Cale Brunkhorst, Zach Gulf Coast region. We must work to limit the In December, Iranian activists participated in Wolski, J.R. Langkrahr, Chris Latty, Josh impact of the spill, clean up the damage that demonstrations in Tehran and other cities Kock, assistant coach Brandon Figg and head has already been done, and hold the across the country. When President coach Nathan Beissenherz. responsibile parties accountable. The costal Ahmadinejad visited Tehran University a Madam Speaker, the members of the environment and culture of south Louisiana month ago, student demonstrators protested. Concordia High School Orioles baseball team are national treasures. We must work day and In light of these events, I recently joined have distinguished themselves as the 2010 night to ensure that the damage endured is twelve of my colleagues in signing a bi-par- Class 1–A Missouri High School Baseball not irreparable. tisan letter to President Obama, encouraging State Champions as well as the first state Again, I extend my deepest condolences to him to support the Iranian dissidents’ efforts champions in Concordia High School history. I the family of the individuals who were trag- and work with international partners to put am sure that my colleagues will join me in ically killed in the explosion. The thoughts of pressure on Iran. wishing Coach Beiz and his team all the best. our Nation are with them as they grieve the

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.055 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1044 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2010 loss of their loved ones. I urge my colleagues erans and to the community of Roselawn, as service of the Army Veterans of Delta Com- to join me in supporting H. Res. 1347. well as all of Northwest Indiana, the American pany, 1st Battalion, 501st Infantry, 101st Air- f Legion Auxiliary Unit 238 and its newly elected borne Division, including three brave soldiers officers are to be honored. who lost their lives serving the United States ROSELAWN AMERICAN LEGION Please join me in recognizing the 2010– in this Division. These soldiers of the United AUXILIARY 2011 newly elected officers for the Auxiliary Unit 238: Tina Stevens—President, Elizabeth States Army made the ultimate sacrifice and HON. PETER J. VISCLOSKY Albright—First Vice President, Roxanne dedicated their lives to serving the United OF INDIANA Hepworth—Second Vice President, Jane States in 1970 and 1971. IN THE HOUSE OF REPRESENTATIVES Bower—Recording/Corresponding Secretary, The patriotism and heroism displayed by Adrian Mandernach—Chaplain, Natalie Haber- this Division are profound and immeasurable. Tuesday, June 8, 2010 Barker—Historian and Parliamentarian, Lupe They left their families and friends to fight for Mr. VISCLOSKY. Madam Speaker, it is with Hinch—Sergeant-At-Arms, and Jeannette Sut- great pleasure that I stand before you today to ton, Nancy Lanier, and Phyllis Lindley—Exec- this country. They risked everything to fight for honor one of America’s finest organizations, utive Board Members. America and its future generations. In battle, the American Legion, and to recognize one of Madam Speaker, I ask that you and my these soldiers faced extraordinary cir- its local Auxiliary units, Roselawn American other distinguished colleagues join me in rec- cumstances and physical hardships. For this, Legion Auxiliary Unit 238, as they recognize ognizing the American Legion Auxiliary Unit we as a nation are forever in their debt and their newly elected officials. The members of 238 and its newly elected officers. I also ask grateful for their loyalty and bravery. that you join me in honoring its membership the American Legion Auxiliary Unit 238, as Madam Speaker, I ask my colleagues to join well as the Legioneers and the Sons of the for their service to their community, its vet- me in recognizing the Veterans of the 101st American Legion, will be recognizing these in- erans, and their devotion to the ideals of the dividuals at the Installation of Officers Awards American Legion. Airborne Division for their invaluable service to Dinner held on Wednesday, June 2, 2010 at f our nation in time of war. It is my honor and privilege to pay tribute to these veterans and the American Legion Post 238 in Roselawn, HONORING VETERANS OF DELTA their families who proudly wore the uniform of Indiana. COMPANY For many years, Roselawn American Legion their country, endured the rigors of war, and Post 238 has been an extraordinary example fought for our liberty and the freedom of future of the ideals and mission of the American Le- HON. MIKE QUIGLEY OF ILLINOIS generations of Americans. gion. The American Legion Auxiliary was es- IN THE HOUSE OF REPRESENTATIVES tablished in 1919 to assist the American Le- gion and has quickly become the world’s larg- Tuesday, June 8, 2010 est women’s patriotic service organization. For Mr. QUIGLEY. Madam Speaker, I rise today volunteering many hours to our American vet- to recognize the distinct patriotic and heroic

VerDate Mar 15 2010 04:44 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.058 E08JNPT1 pwalker on DSK8KYBLC1PROD with REMARKS Tuesday, June 8, 2010 Daily Digest Senate eign governments, to assess the risks to the United Chamber Action States of such holdings. Pages S4648–50 Routine Proceedings, pages S4629–S4707 A unanimous-consent agreement was reached pro- Measures Introduced: Two bills were introduced, viding for further consideration of the amendment of as follows: S. 3462–3463. Page S4358 the House of Representatives to the amendment of the Senate to the bill at approximately 10:00 a.m., Measures Reported: on Wednesday, June 9, 2010. Page S4706 S. 554, to improve the safety of motorcoaches, with an amendment in the nature of a substitute. (S. Messages from the President: Senate received the Rept. No. 111–202) following messages from the President of the United S. Res. 339, to express the sense of the Senate in States: support of permitting the televising of Supreme Transmitting, pursuant to law, a report on the Court proceedings. continuation of the national emergency that was S. 446, to permit the televising of Supreme Court originally declared in Executive Order 13405 of June proceedings. Page S4358 16, 2006, with respect to Belarus; which was referred to the Committee on Banking, Housing, and House Messages: Urban Affairs. (PM–59) Page S4653 American Jobs and Closing Tax Loopholes Act: Transmitting, pursuant to law, a report on the Senate began consideration of the amendment of the continuation of the national emergency that was House of Representatives to the amendment of the originally declared in Executive Order 13219 of June Senate to H.R. 4213, to amend the Internal Revenue 26, 2001, with respect to the Western Balkans; Code of 1986 to extend certain expiring provisions, which was referred to the Committee on Banking, taking action on the following amendments proposed Housing, and Urban Affairs. (PM–60) Page S4653 thereto: Pages S4630–42, S4642–50 Nominations Received: Senate received the fol- Pending: lowing nominations: Baucus motion to concur in the amendment of the Maura Connelly, of New Jersey, to be Ambassador House to the amendment of the Senate to the bill, to the Republic of Lebanon. with Baucus Amendment No. 4301 (to the amend- Daniel Bennett Smith, of Virginia, to be Ambas- ment of the House to the amendment of the Senate sador to Greece. to the bill), in the nature of a substitute. Subra Suresh, of Massachusetts, to be Director of Pages S4630–42, S4642–50 the National Science Foundation for a term of six Sessions/McCaskill Amendment No. 4303 (to years. Amendment No. 4301), to establish 3-year discre- A routine list in the National Oceanic and At- tionary spending caps. Pages S4637–42 mospheric Administration. Page S4707 Cardin Amendment No. 4304 (to Amendment No. 4301), to provide for the extension of dependent Nomination Withdrawn: Senate received notifica- coverage under the Federal Employees Health Bene- tion of withdrawal of the following nomination: fits Program. Pages S4642–43 Paul Steven Miller, of Washington, to be a Gov- Franken Amendment No. 4311 (to Amendment ernor of the United States Postal Service for a term No. 4301), to establish the Office of the Homeowner expiring December 8, 2016, which was sent to the Advocate for purposes of addressing problems with Senate on February 1, 2010. Page S4707 the Home Affordable Modification Program. Messages from the House: Page S4653 Pages S4643–48 Executive Communications: Pages S4653–58 Cornyn/Kyl Amendment No. 4302 (to Amend- ment No. 4301), to increase transparency regarding Executive Reports of Committees: Page S4358 debt instruments of the United States held by for- Additional Cosponsors: Pages S4358–59 D637

VerDate Mar 15 2010 04:06 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JN0.REC D08JNPT1 pwalker on DSK8KYBLC1PROD with DIGEST D638 CONGRESSIONAL RECORD — DAILY DIGEST June 8, 2010 Statements on Introduced Bills/Resolutions: Hezbollah, after receiving testimony from Jeffrey D. Pages S4359–60 Feltman, Assistant Secretary for Near Eastern Affairs, Additional Statements: Pages S4652–53 and Daniel Benjamin, Coordinator for Counterter- rorism, both of the Department of State; Ryan C. Amendments Submitted: Pages S4660–S4706 Crocker, Texas A&M University George Bush School Notices of Hearings/Meetings: Page S4706 of Government and Public Service, College Station; Authorities for Committees to Meet: Page S4706 Danielle Pletka, American Enterprise Institute, Washington, D.C.; and Augustus Richard Norton, Privileges of the Floor: Page S4706 Boston University, Boston, Massachusetts. Adjournment: Senate convened at 10 a.m. and adjourned at 6:10 p.m., until 10 a.m. on Wednesday, AMERICAN CHILDREN June 9, 2010. (For Senate’s program, see the remarks Committee on Health, Education, Labor, and Pensions: of the Acting Majority Leader in today’s Record on Subcommittee on Children and Families concluded a page S4706.) hearing to examine the state of American children, after receiving testimony from Elaine Zimmerman, Committee Meetings Connecticut Commission on Children, Hamden; Alma J. Powell, America’s Promise Alliance, and (Committees not listed did not meet) Harry J. Holzer, Georgetown University, both of Washington, D.C.; and Jack Lund, YMCA of Great- NEW START TREATY er New York, New York, New York. Committee on Foreign Relations: Committee concluded a closed hearing to examine Treaty between the BIG OIL BUSINESS United States of America and the Russian Federation Committee on the Judiciary: Committee concluded a on Measures for the Further Reduction and Limita- hearing to examine big oil business, focusing on if tion of Strategic Offensive Arms, signed in Prague recent court decisions and liability caps encouraged on April 8, 2010, with Protocol (Treaty irresponsible corporate behavior, after receiving testi- Doc.111–05), focusing on the negotiations, after re- mony from W. Jackson Coleman, ceiving testimony from Rose Gottemoeller, Assistant EnergyNorthAmerica, LLC, Washington, D.C.; Secretary of State for Verification and Compliance, Thomas C. Galligan, Jr., Colby-Sawyer College, New and Chief U.S. Negotiator, Post-START Negotia- London, New Hampshire; and Christopher K. Jones, tions; and Edward L. Warner III, Secretary of De- Baton Rouge, Louisiana. fense Representative, Post-START Negotiations. INTELLIGENCE HEZBOLLAH Select Committee on Intelligence: Committee held closed Committee on Foreign Relations: Subcommittee on Near hearings on intelligence matters, receiving testimony Eastern and South and Central Asian Affairs con- from officials of the intelligence community. cluded a hearing to examine the strength of Committee recessed subject to the call.

VerDate Mar 15 2010 04:06 Jun 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JN0.REC D08JNPT1 pwalker on DSK8KYBLC1PROD with DIGEST June 8, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D639 House of Representatives Presidential Messages: Read a message from the Chamber Action President wherein he notified Congress that the na- Public Bills and Resolutions Introduced: 8 public tional emergency declared with respect to the West- bills, H.R. 5478–5485; and 4 resolutions, H. Con. ern Balkans is to continue in effect beyond June 26, Res. 284; and H. Res. 1425–1427, were introduced. 2010—referred to the Committee on Foreign Affairs Pages H4246–47 and ordered printed (H. Doc. 111–118). Additional Cosponsors: Page H4247 Pages H4228–29 Read a message from the President wherein he no- Report Filed: A report was filed today as follows: tified Congress that the national emergency and re- H. Res. 1424, providing for consideration of the lated measures blocking the property of certain per- bill (H.R. 5072) to improve the financial safety and sons undermining democratic processes or institu- soundness of the FHA mortgage insurance program, and providing for consideration of motions to sus- tions in Belarus are to continue in effect beyond June 16, 2010—referred to the Committee on For- pend the rules (H. Rept. 111–503). Page H4246 eign Affairs and ordered printed (H. Doc. 111–119). Speaker: Read a letter from the Speaker wherein she Page H4229 appointed Representative Zoe Lofgren to act as Quorum Calls—Votes: Two yea-and-nay votes de- Speaker pro tempore for today. Page H4217 veloped during the proceedings of today and appear Title amendment: Agreed by unanimous consent to on pages H4227 and H4227–28. There were no amend the title of H.R. 5136 so as to read: ‘‘To au- quorum calls. thorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for Adjournment: The House met at 2 p.m. and ad- military construction, and for defense activities of journed at 8:50 p.m. the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other Committee Meetings purposes.’’. Page H4217 FHA REFORM ACT OF 2010 Suspensions: The House agreed to suspend the rules and pass the following measures: Committee on Rules: Granted, by a non-record vote, a structured rule providing for consideration of H.R. Hoover Power Allocation Act of 2010: H.R. 5072, the ‘‘FHA Reform Act of 2010.’’ The rule 4349, amended, to further allocate and expand the provides one hour of general debate equally divided availability of hydroelectric power generated at Hoo- and controlled by the chair and ranking minority ver Dam; Pages H4219–22 member of the Committee on Financial Services. The Bonneville Unit Clean Hydropower Facilitation rule waives all points of order against consideration Act: H.R. 2008, amended, to authorize the Secretary of the bill except those arising under clause 9 or 10 of the Interior to facilitate the development of hy- of rule XXI. The rule provides that the amendment droelectric power on the Diamond Fork System of in the nature of a substitute recommended by the the Central Utah Project; Pages H4222–23 Committee on Financial Services shall be considered Hoh Indian Tribe Safe Homelands Act: H.R. as an original bill for the purpose of amendment and 1061, amended, to transfer certain land to the shall be considered as read. The rule waives all United States to be held in trust for the Hoh Indian points of order against the amendment in the nature Tribe and to place land into trust for the Hoh In- of a substitute except those arising under clause 10 dian Tribe, by a 2⁄3 yea-and-nay vote of 347 yeas of rule XXI. The rule further makes in order only with none voting ‘‘nay’’, Roll No. 337; and those amendments printed in the Rules Committee Pages H4223–25, H4227 report. The amendments made in order may be offered only in the order printed in the report, may Honoring the life of Jacques-Yves Cousteau: H. be offered only a Member designated in the report, Res. 518, amended, to honor the life of Jacques-Yves shall be considered as read, shall be debatable for the Cousteau, explorer, researcher, and pioneer in the time specified in the report equally divided and con- field of marine conservation, by a 2⁄3 yea-and-nay trolled by the proponent and an opponent, shall not vote of 354 yeas with none voting ‘‘nay’’, Roll No. be subject to amendment, and shall not be subject 338. Pages H4225–27, H4227–28 to a demand for division of the question. All points Recess: The House recessed at 2:48 p.m. and recon- of order against the amendments except those arising vened at 6 p.m. Page H4227 under clauses 9 and 10 of rule XXI are waived. The

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The rule authorizes the ommended by the Department to address the safety of Speaker to entertain motions that the House suspend offshore oil development, 9:30 a.m., SD–366. the rules at any time through the legislative day of Subcommittee on Water and Power, to hold hearings June 11, 2010. The Speaker or her designee shall to examine S. 2891, to further allocate and expand the consult with the Minority Leader or his designee on availability of hydroelectric power generated at Hoover the designation of any matter for consideration pur- Dam, S. 2779 and H.R. 3671, bills to promote Depart- suant to this resolution. Testimony was heard from ment of the Interior efforts to provide a scientific basis Chairman Frank and Representatives Cardoza and for the management of sediment and nutrient loss in the Capito. Upper Mississippi River Basin, S. 3387, to provide for the release of water from the marketable yield pool of water stored in the Ruedi Reservoir for the benefit of en- Joint Meetings dangered fish habitat in the Colorado River, and for other purpose, S. 3404, to amend the Reclamation Projects Au- No joint committee meetings were held. thorization and Adjustment Act of 1992 to require the f Secretary of the Interior, acting through the Bureau of Reclamation, to take actions to improve environmental COMMITTEE MEETINGS FOR WEDNESDAY, conditions in the vicinity of the Leadville Mine Drainage JUNE 9, 2010 Tunnel in Lake County, Colorado, and H.R. 4252, to di- (Committee meetings are open unless otherwise indicated) rect the Secretary of the Interior to conduct a study of water resources in the Rialto-Colton Basin in the State of Senate California, 3 p.m., SD–366. Committee on Environment and Public Works: to hold hear- Committee on Banking, Housing, and Urban Affairs: to ings to examine S. 3305, to amend the Oil Pollution Act hold hearings to examine local perspectives on the Livable of 1990 to require oil polluters to pay the full cost of Communities Act, 10 a.m., SD–538. oil spills, 10:30 a.m., SD–406. Committee on Commerce, Science, and Transportation: busi- Committee on Homeland Security and Governmental Affairs: ness meeting to consider S. 3386, to protect consumers Subcommittee on Oversight of Government Management, from certain aggressive sales tactics on the Internet, S. the Federal Workforce, and the District of Columbia, to 1938, to establish a program to reduce injuries and hold hearings to examine the National Security Personnel deaths caused by cellphone use and texting while driving, System and performance management in the Federal gov- S. 3302, to amend title 49, United States Code, to estab- ernment, 2:30 p.m., SD–342. lish new automobile safety standards, make better motor Committee on the Judiciary: Subcommittee on Antitrust, vehicle safety information available to the National High- Competition Policy and Consumer Rights, to hold an way Traffic Safety Administration and the public, S. oversight hearing to examine the enforcement of the anti- 3084, to increase the competitiveness of United States trust laws, 2 p.m., SD–226. businesses, particularly small and medium-sized manufacturing firms, in interstate and global commerce, foster House job creation in the United States, and assist United States businesses in developing or expanding commercial activi- Committee on Agriculture, Subcommittee on Conserva- ties in interstate and global commerce by expanding the tion, Credit, Energy, and Research, hearing to review the ambit of the Hollings Manufacturing Extension Partner- implementation of the 2008 Farm bill energy title, 10 ship program and the Technology Innovation Program to a.m., 1300 Longworth. include projects that have potential for commercial ex- Committee on Appropriations, Subcommittee on Financial ploitation in nondomestic markets, providing for an in- Services and General Government, hearing on FY 2011 crease in related resources of the Department of Com- Budget Request for the FCC, 10 a.m., 2359 Rayburn. merce, S. 2847, to regulate the volume of audio on com- Committee on Armed Services, Subcommittee on Oversight mercials, S. 817, to establish a Salmon Stronghold Part- and Investigations, hearing on Interagency National Secu- nership program to conserve wild Pacific salmon and for rity Reform: Pragmatic Steps Towards a More Integrated other purposes, S. 1748, to establish a program of re- Future, 1 p.m., 2212 Rayburn. search, recovery, and other activities to provide for the re- Committee on the Budget, hearing on the State of the covery of the southern sea otter, the nomination of Carl Economy: View from the Federal Reserve, 10 a.m., 210 Wieman, of Colorado, to be an Associate Director of the Cannon. Office of Science and Technology Policy, and a promotion Committee on Energy and Commerce, Subcommittee on list in the National Oceanic and Atmospheric Adminis- Health, hearing entitled ‘‘Promoting the Development of

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Antibiotics and Ensuring Judicious Use in Humans,’’ 10 Highlights Research and Technology Needs for Effective a.m., 2123 Rayburn. Cleanup of Oil Spills, 10 a.m., 2318 Rayburn. Committee on Foreign Affairs, Subcommittee on Inter- Committee on Transportation and Infrastructure, hearing on national Organizations, Human Rights and Oversight, Liability and Financial Responsibility for Oil Spills under hearing on Women as Agents of Change: Advancing the the Oil Pollution Act of 1990 and Related Statutes, Role of Women in Politics and Civil Society, 1 p.m., 10:30 a.m., 2167 Rayburn. 2172 Rayburn. Committee on Veterans’ Affairs, hearing on the U.S. De- Committee on the Judiciary, Subcommittee on Crime, partment of Veterans Affairs Office of Inspector General’s Terrorism, and Homeland Security, hearing on Collateral Open Recommendations: Are We Fixing the Problems? Consequences of Criminal Convictions: Barriers to Re- 10 a.m., 334 Cannon. entry for the Formerly Incarcerated, 10:15 a.m., 2141 Permanent Select Committee on Intelligence, Subcommittee on Rayburn. Terrorism, Human Intelligence, Analysis, and Counterintel- Committee on Natural Resources, hearing on H.R. 4347, ligence, executive, briefing on Hot Spots, 1 p.m., 304–HVC. Department of the Interior Tribal Self-Governance Act of 2009, 10 a.m., 1324 Longworth. Joint Meetings Committee on Oversight and Government Reform, Sub- Commission on Security and Cooperation in Europe: to hold committee on Information Policy, Census, and National hearings to examine the significant challenges faced by Archives, hearing entitled ‘‘Strengthening the National journalists and independent media throughout the Orga- Historical Publications and Records Commission,’’ 2 nization for Security and Co-operation in Europe (OCSE) p.m., 2154 Rayburn. region, focusing on physical threats and violence tar- Committee on Science and Technology, Subcommittee on geting journalists, including the murder of scores of in- Energy and Environment, hearing on Deluge of Oil vestigative reporters, 11 a.m., SVC–210/212.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, June 9 10 a.m., Wednesday, June 9

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of the following ation of the amendment of the House of Representatives suspensions: (1) H.R. 2142—Government Efficiency, Ef- to the amendment of the Senate to H.R. 4213, American fectiveness, and Performance Improvement Act; (2) H. Jobs and Closing Tax Loopholes Act, with rollcall votes Res. 1330—Recognizing June 8, 2010, as World Ocean expected to occur throughout the day. Day; (3) H.R. 5278—The ‘‘President Ronald W. Reagan Post Office Building’’ Designation Act; (4) H.R. 5133— The ‘‘Staff Sergeant Frank T. Carvill and Lance Corporal Michael A. Schwarz Post Office Building’’ Designation Act; (5) H. Res. 1381—Recognizing the National Mu- seum of American Jewish History, an affiliate of the Smithsonian Institution, as the only museum in the Na- tion dedicated exclusively to exploring and preserving the American Jewish experience; and (6) H.R. 5026—GRID Act. Consideration of H.R. 5072—FHA Reform Act of 2010 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E1028, E1032, E1033, E1033, E1035, Perriello, Thomas S.P., Va., E1025 E1035, E1036, E1037 Quigley, Mike, Ill., E1041, E1044 Ackerman, Gary L., N.Y., E1023 Grijalva, Rau´ l M., Ariz., E1039 Radanovich, George, Calif., E1020, E1036 Adler, John H., N.J., E1019, E1022, E1033, E1038 Hastings, Alcee L., Fla., E1022, E1036 Rangel, Charles B., N.Y., E1022 Bishop, Sanford D., Jr., Ga., E1034 Honda, Michael M., Calif., E1038, E1038 Reichert, David G., Wash., E1042 Blackburn, Marsha, Tenn., E1035 Hoyer, Steny H., Md., E1022, E1035 Richardson, Laura, Calif., E1043 Blumenauer, Earl, Ore., E1033 Issa, Darrell E., Calif., E1040 Burton, Dan, Ind., E1036 Jackson Lee, Sheila, Tex., E1026 Salazar, John T., Colo., E1020 Clay, Wm. Lacy, Mo., E1025 Kilroy, Mary Jo, Ohio, E1033 Sa´ nchez, Linda T., Calif., E1029 Coble, Howard, N.C., E1042 Kucinich, Dennis J., Ohio, E1037 Schiff, Adam B., Calif., E1023 Coffman, Mike, Colo., E1029 Latham, Tom, Iowa, E1037, E1037, E1038, E1039, E1040, Shimkus, John, Ill., E1040 Connolly, Gerald E., Va., E1019, E1020, E1021, E1022, E1040, E1040 Shuler, Heath, N.C., E1028, E1029, E1031 E1023, E1025, E1026 Latta, Robert E., Ohio, E1042 Skelton, Ike, Mo., E1043 Costa, Jim, Calif., E1031 Lewis, Jerry, Calif., E1030 Tiahrt, Todd, Kans., E1021, E1033, E1035 Davis, Susan A., Calif., E1032 McCarthy, Carolyn, N.Y., E1028 Tierney, John F., Mass., E1030 DeLauro, Rosa L., Conn., E1028 McMorris Rodgers, Cathy, Wash., E1021 Towns, Edolphus, N.Y., E1032 Duncan, John J., Jr., Tenn., E1034 Maloney, Carolyn B., N.Y., E1019 Van Hollen, Chris, Md., E1020, E1037 Fattah, Chaka, Pa., E1039 Mitchell, Harry E., Ariz., E1026, E1028, E1029, E1030, Frelinghuysen, Rodney P., N.J., E1042 E1031 Visclosky, Peter J., Ind., E1044 Garrett, Scott, N.J., E1043 Murphy, Patrick J., Pa., E1025, E1032, E1035 Waxman, Henry A., Calif., E1041 Granger, Kay, Tex., E1039 Norton, Eleanor Holmes, D.C., E1031 Westmoreland, Lynn A., Ga., E1021

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