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, WEDNESDAY, MARCH 3, 2010 No. 29 House of Representatives The House met at 10 a.m. and was age that they need to change what There was no objection. called to order by the Speaker pro tem- needs to be changed. Give them the f pore (Ms. SCHAKOWSKY). wisdom that they need to distinguish WELCOMING IMAM ABDULLAH one from the other. f ANTEPLI O God, if we forget You, do not forget DESIGNATION OF THE SPEAKER us. In Your most holy and beautiful The SPEAKER pro tempore. Without PRO TEMPORE name we pray. Amen. objection, the gentleman from North Carolina (Mr. PRICE) is recognized for 1 The SPEAKER pro tempore laid be- f fore the House the following commu- minute. THE JOURNAL There was no objection. nication from the Speaker: Mr. PRICE of North Carolina. Madam WASHINGTON, DC, The SPEAKER pro tempore. The Speaker, I wish to introduce to my col- March 3, 2010. Chair has examined the Journal of the leagues my distinguished constituent I hereby appoint the Honorable JANICE D. last day’s proceedings and announces and today’s guest chaplain, Imam SCHAKOWSKY to act as Speaker pro tempore to the House her approval thereof. on this day. Abdullah Antepli. I also want to wel- Pursuant to clause 1, rule I, the Jour- come in the gallery our many guests NANCY PELOSI, nal stands approved. Speaker of the House of Representatives. from the Duke University community, f the Muslim community, the Turkish f PLEDGE OF ALLEGIANCE community, both from the triangle PRAYER area of North Carolina and from the The SPEAKER pro tempore. Will the Washington area. Imam Abdullah Antepli, Duke Uni- gentlewoman from New York (Mrs. Imam Antepli has a long and distin- versity, Durham, North Carolina, of- MALONEY) come forward and lead the guished record of faith-based and hu- fered the following prayer: House in the Pledge of Allegiance. manitarian service in countries rang- Peace be with you all. Please join me Mrs. MALONEY led the Pledge of Al- ing from his native Turkey to the in prayers. legiance as follows: Southeastern Asian nations of Burma O God of all nations, look with favor I pledge allegiance to the Flag of the and Malaysia. Since moving to the upon this esteemed Congress. Guide United States of America, and to the Repub- United States in 2003, he has been a these important decision makers with lic for which it stands, one nation under God, true pioneer in the field of Muslim Your divine light. Be their source of indivisible, with liberty and justice for all. campus ministry, serving as the first strength and comfort. Enable them to f Muslim chaplain at Wesleyan Univer- serve You and glorify Your name by sity and as the founding member of the serving the citizens of this great Na- RESIGNATION AS CHAIR OF Muslim Chaplains Association. He later tion and to the entire humanity, re- COMMITTEE ON WAYS AND MEANS served at Hartford Seminary, where he gardless of their gender, ethnicity, or The SPEAKER pro tempore laid be- completed his doctorate on the chal- religion. fore the House the following resigna- lenges and opportunities facing the O God, make them Your instruments tion as chair of the Committee on Muslim campus ministry in the United to deliver Your divine mercy and com- Ways and Means: States. passion. Bless them with Your open- COMMITTEE ON WAYS AND MEANS, In July 2008, he came to Duke Uni- ness and humility. Fill their hearts and Washington, DC, March 3, 2010. versity to serve as the school’s first minds with passion and determination Hon. NANCY PELOSI, full-time Muslim chaplain. Although to improve the quality of the lives of Speaker of the House of Representatives, he has been on campus less than 2 their fellow human beings. Grant them Washington, DC. years, he has made an enormous im- success in their efforts to wipe out pov- DEAR MADAM SPEAKER: I respectfully re- quest a leave of absence from my duties and pact on the university community. His erty, ignorance, racism, and hate in responsibilities as Chairman of the Com- role is obviously to facilitate worship this country and beyond. mittee on Ways and Means until such time and study for the school’s Muslim stu- O God, make these women and men as the Committee on Standards completes dents, but he has taken on much more peacemakers, healers and bridge build- its findings on the review currently under- than that. He counsels students of all ers, so urgently needed in our wounded way. faiths, fosters understanding of the and broken times. Give them the CHARLES B. RANGEL. Muslim faith, and is much in demand strength that they need to keep what The SPEAKER pro tempore. Without as a speaker and a participant in a va- needs to be kept. Give them the cour- objection, the resignation is accepted. riety of community events. This is a

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.

H1031

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VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.000 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1032 CONGRESSIONAL RECORD — HOUSE March 3, 2010 remarkable accomplishment at a time lina, this Rapid Deployment Center style shoot-outs in the streets, all on when religious differences still threat- will not only create new jobs for South account of violent drug lords fighting en to divide us from one another and Carolinians, but it will also give Home over turf on the poorest border. from other nations. Depot stores more flexibility to control The United States is not doing I first met Imam Antepli last Sep- the products on their shelves and keep enough to stop the international drug tember at a meeting of Islamic study these products in stock. cartels and the human smugglers. The scholars in which he participated, and I Detailed by Home Depot, the new greatest Nation on Earth is failing the was immediately struck by enthu- Rapid Deployment Center is a 465,000 American people by not adequately siasm, his intellect and his readiness to square-foot facility located in West Co- protecting the border. Drugs and peo- engage. Throughout his career, he has lumbia. It will provide 220 full-time ple are going north, and money and truly exemplified the notion of faith in jobs at startup; and as more stores are guns are going south. The border has action and has made a habit of prac- added to the program, this will in- become a war zone that affects good ticing the values of tolerance, under- crease to 400 jobs. I want to thank people on both sides of the border. standing and respectful dialogue, which Home Depot for their continuing eco- We’re sitting on a powder keg that we he preaches. nomic contributions to our State, and I ignore at our own peril. While we have So, Madam Speaker, I am pleased on welcome these in addition to the posi- troops overseas to protect the borders behalf of all of our colleagues to intro- tions of 2,660 Home Depot associates al- of foreign countries, we should be just duce and welcome Imam Abdullah ready in South Carolina. In these as concerned about our own sovereign Antepli to the House here today. tough times, it’s important for law- border. f makers to give businesses like Home And that’s just the way it is. Depot the tools they need to help small f ANNOUNCEMENT BY THE SPEAKER businesses create jobs. PRO TEMPORE In conclusion, God bless our troops, CONGRATULATING UNIVERSITY OF and we will never forget September the NEW MEXICO’S LOBO MEN’S BAS- The SPEAKER pro tempore (Mr. KETBALL TEAM SERRANO). The Chair will entertain up 11th in the global war on terrorism. to 15 further requests for 1-minute The prayers of America are with the (Mr. HEINRICH asked and was given speeches on each side of the aisle. people of Chile. permission to address the House for 1 f minute and to revise and extend his re- f marks.) CBO’S RECOVERY ACT AFGHANISTAN, TO STAY OR TO GO Mr. HEINRICH. Mr. Speaker, I am ASSESSMENT proud to stand on the House floor (Mr. KUCINICH asked and was given (Mrs. MALONEY asked and was given today to congratulate our University permission to address the House for 1 permission to address the House for 1 of New Mexico Lobos men’s basketball minute.) minute.) team for winning the 2010 Mountain Mr. KUCINICH. I am a proud Member Mrs. MALONEY. Mr. Speaker, at a West Conference Championship. In this of this institution. I believe in this recent hearing of the Joint Economic truly remarkable season, the Lobos Congress, and I believe in the Constitu- Committee, the Director of the Con- tied the school record for consecutive tion of the United States. And I think gressional Budget Office, Douglas El- conference wins. This is the second moments arise in the history of this in- mendorf, testified that CBO’s latest as- consecutive year that the Lobos have stitution when we have to take a stand sessment of the Recovery Act found won the conference championship. And for the Constitution. That’s why this that it had increased our real GDP by the team recently cracked the Nation’s Thursday I will introduce a privileged as much as 3.5 percentage points, in- top 10 in both the AP and ESPN/USA resolution that will call for Congress to creased the number of people employed Today polls, a feat not accomplished in reclaim its power under Article I, Sec- by between 1 million and 2.1 million more than a decade. tion 8 as to whether or not we stay in people, and lowered the unemployment To all the team members and to the Afghanistan. rate by as much as 1.1 percent. In academic all-American and team lead- Now, some people here may believe in short, the stimulus spending bill er, senior Roman Martinez, and to all that mission. I don’t. Some people here worked, but we need to do more to the UNM students, faculty and staff, I may believe in the surge. I don’t. Some grow jobs now. want to congratulate you on a tremen- people here may believe that we should He also testified that one of the most dous season, and I look forward to your stay there for as long as it takes to do powerful generators of job growth continued success in the rest of March whatever we want. I don’t. I believe would be an employer tax credit for Madness. that Congress, though, needs to speak businesses that increased their payrolls Finally, I want to wish the team and to have a debate on Afghanistan similar to one I proposed in H.R. 4585 good luck tonight in their game and to be able to decide in our wisdom, and to one Congress intends to send to against TCU, and I join the rest of the if we so choose, to get out of Afghani- the President. These historically dif- Lobos nation in declaring, ‘‘Everyone’s stan, which is what I hope that we do. ficult times and this growing, but frag- a Lobo. Woof, woof, woof.’’ But whether you’re for it or against ile, economy cry out for us to take ac- f it, Congress finally will have a chance tion, help create more private sector HONORING CARLOS ARAGON to have that debate because the privi- jobs, and get our economy working leged resolution is being introduced on again for everyone. (Mr. CHAFFETZ asked and was given Thursday. It will lay over the week, f permission to address the House for 1 and next week we will finally have a minute and to revise and extend his re- debate over whether to stay in Afghan- THE THIRD FRONT marks.) istan or leave. And I hope we vote to (Mr. POE of Texas asked and was Mr. CHAFFETZ. America lost one of leave. given permission to address the House its finest. Carlos Aragon, 19 years old, f for 1 minute.) from Orem, Utah, was killed while Mr. POE of Texas. Mr. Speaker, as serving as a Marine in the Helmand HOME DEPOT PROMOTES JOBS the war against international ter- province. It’s so sad when you hear (Mr. WILSON of South Carolina rorism continues in Iraq and Afghani- these reports. Your hearts and your asked and was given permission to ad- stan, I bring you news from the third thoughts and your prayers go out to dress the House for 1 minute and to re- front, the U.S.-Mexico border, the real the family. But at the same time, your vise and extend his remarks.) inconvenient truth. Recently, the U.S. heart is filled with pride that these Mr. WILSON of South Carolina. Mr. consular office in the border town of young men and women will step up at Speaker, on Monday I will participate Reynosa, Mexico, closed indefinitely. such a young age to fight and protect in a ribbon-cutting ceremony for Home U.S. officials are barred from the area. this country and fight and protect for Depot’s Rapid Deployment Center. Lo- The reason, because there are the good of the United States of Amer- cated in the midlands of South Caro- kidnappings and murders and Old West- ica.

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.011 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1033 I hope we do more to recognize these WOMEN’S HISTORY MONTH in Fresno, California, the same year young men and women. I thank that (Ms. SCHAKOWSKY asked and was the Ottoman Empire began its system- family. May God bless them, and may given permission to address the House atic killing and deportation of millions God bless the United States of Amer- for 1 minute.) of her fellow Armenians and members ica. Ms. SCHAKOWSKY. Mr. Speaker, of her own family. Monday marked the kickoff of Wom- A year ago this week, my mother f en’s History Month, and in celebration, passed away at the age of 93. And for her entire life on Earth, her country, b 1015 every day of this month the House will be opened by a woman Member. As co- the United States of America, refused HEALTH CARE REFORM Chair of the Congressional Caucus on to officially acknowledge what we Women’s Issues, I am honored to be a know to be true. Our own Ambassador (Mr. BACA asked and was given per- part of the largest number of women to Armenia at the time, Henry Morgen- mission to address the House for 1 ever to serve in the House of Rep- thau, informed the Secretary of State: minute.) resentatives. It is 76; still too few. ‘‘ . . . excesses against peaceful Arme- Mr. BACA. Mr. Speaker, the clock is It is a testament to the women’s nians is increasing, and it appears that ticking. Too many American families rights movement that my female col- a campaign of race extermination is in still don’t have access to health care. leagues represent the full political progress.’’ We are at the goal line and we need to spectrum, bringing a diversity of Mr. Speaker, the facts here are not in take the ball across the line on behalf thoughts, ideas, and opinions to the dispute. The one thing left to question of the American people. A step-by-step House. is not whether the Armenian genocide approach is not the answer, especially Women have made great strides in took place but, rather, if we in this when families in my district face 14 the last decade. Fifty years ago, high Chamber have the moral and political percent unemployment and many are school and college students across the backbone to stand for truth. The House without health coverage. country were not given support for Foreign Affairs Committee will have In my home State of California, An- their sports activities; and yet last the opportunity this week to pass H. them Blue Cross raised our premiums week, women of Team USA, our Olym- Res. 252 and stand up for truth. up to 39 percent. This must stop. piads, brought home 13 medals from f We must pass health care reform that Vancouver. FEEDING NEW ORLEANS’ SOUL ends discrimination based on pre- It was not long ago that girls were existing conditions; that makes health discouraged from obtaining a degree in (Mr. CAO asked and was given per- insurance affordable; that creates higher education. Today, 57 percent of mission to address the House for 1 greater accountability on health insur- graduating undergraduates in this minute.) ance companies; that cuts the deficit country are women; and according to Mr. CAO. Mr. Speaker, I rise today in by $100 billion over the next 10 years; the Center for American Women in Pol- honor of Black History Month to recog- that allows doctors and patients, not itics, the number of women serving in nize Ms. Leah Chase. Known as the insurance companies, to make impor- State legislatures has more than quin- ‘‘Queen of Creole Cuisine,’’ Ms. Chase is tant health care decisions; that does tupled since 1971. And this is not just a a chef, a television host, a cultural am- not break the bank for small busi- trend in the United States. Women bassador, and the owner of the famous nesses. across the globe are breaking barriers. Louisiana landmark Dooky Chase res- I urge my colleagues to stop partisan We have a long way to go, but we taurant. Dooky Chase is located in the politics and deliver health care reform. need to celebrate how far we have historic Treme neighborhood of New We need it now and for generations to come. Orleans and was immortalized in the come. television show ‘‘Frank’s Place.’’ But, f it was established as a spiritual, cul- f NO GOVERNMENT TAKEOVER OF tural, and historical landmark long be- HEALTH CARE FEDERAL LAND GRAB fore television producers came knock- (Mr. BUCHANAN asked and was ing. (Mr. REHBERG asked and was given given permission to address the House During the 1960s, Dooky Chase was a permission to address the House for 1 for 1 minute.) meeting place for civil rights activists minute.) Mr. BUCHANAN. Mr. Speaker, as and NAACP members coming from all Mr. REHBERG. Mr. Speaker, where most people know, Warren Buffett was around the region. And during segrega- will it all end? First the EPA decides an early adviser to President Obama. tion, notable African American artists to regulate breathing, and now we Just this week, Buffett said the Presi- such as Ella Fitzgerald and Lena Horne learn that the Department of the Inte- dent should scrap the health care bill dined there. rior is planning a land grab that is so and start over. He noted the American When Hurricane Katrina flooded the brazen that it is difficult to believe. people are not behind this bill. He said restaurant, forcing it to close its doors By misusing the Antiquities Act, the the goal is to lower cost. I completely for the first time since 1941, Ms. Chase White House is planning to lock up agree with Mr. Buffett. The American could have left, leaving behind all of more than 13 million acres of land in 11 people don’t want a trillion dollar gov- the history and prominence of this his- Western States, including more than ernment takeover of health care. Also, toric spot. But she returned, rebuilt, 2.5 million in Montana alone, much of people don’t want to raise taxes, cut and reopened to serve, nourish, and in- which is privately owned. And they can Medicare, and giveaways to Wash- spire the bodies and souls of future do it without so much as one single ington special interests. generations. public hearing or a vote in Congress. We need to reduce costs by taking a Today, I am proud to recognize Leah Some of that land belongs to private few simple steps: one, medical mal- Chase for her unwavering commitment citizens who have no idea that the Fed- practice reform; two, increase competi- to the recovery of Orleans and Jeffer- eral Government is planning to kick tion; three, sell insurance across State son parishes. them off their ranches. If the govern- lines; four, expand health savings ac- f ment can do this to them, what can it counts. That is a prescription the ENERGY EDUCATION LOAN do to you? American people will support. FORGIVENESS ACT When policies like cap-and-trade, f government-run health care, and estab- (Mr. WILSON of Ohio asked and was lishment of new Federal lands are un- ARMENIAN GENOCIDE given permission to address the House popular, you don’t merely bypass Con- (Ms. SPEIER asked and was given for 1 minute.) gress or change the rule to ram it permission to address the House for 1 Mr. WILSON of Ohio. Mr. Speaker, through. Americans are sick of secret minute.) this week I introduced the Energy Edu- bureaucratic overreach and Wash- Ms. SPEIER. Mr. Speaker, my moth- cation Loan Forgiveness Act, a bill to ington, D.C., tricks. er, Nancy Kanchelian, was born in 1915 provide student loan forgiveness to

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.005 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1034 CONGRESSIONAL RECORD — HOUSE March 3, 2010 skilled workers in advanced energy in- But unfortunately, women today also awarded. Even more importantly, in dustries. continue to be challenged by discrimi- my congressional district, 61 small The United States is already facing a nation, sexual assault, and violence. businesses have received more than $21 critical shortage of trained workers for Despite all of the progress we have million in loans. These loans to small jobs that focus on energy efficiency, made, women and girls continue to be businesses have allowed companies to and studies show that demand for such trafficked across international borders stay open, keep people employed, and workers will only grow. We need more on a daily basis. prevented an even deeper economic workers, but we have to educate them This month, I encourage all of my downturn. properly, and the cost of such an edu- colleagues to not only recognize the Experts agree that the Recovery Act cation is an obstacle to many. progress women have made, but also to is already responsible for saving or cre- My legislation would help ease this take action to expand the rights of ating 2 million jobs, and we remain on burden by establishing a student loan women today and for future genera- track to create and save at least an ad- forgiveness program for energy stu- tions. ditional 31⁄2 million jobs by the end of dents who go to work in the advanced f the year. energy field. This program would start The Recovery Act, to be clear, was SCHOOL DISTRICTS FINANCIALLY at $2,000 in forgiveness in the first year never meant to replace dollar for dollar STRAPPED and go up to $5,000 with 5 years. or job for job what we have lost. But 1 If we want our country to lead the (Mr. WITTMAN asked and was given year in, experts ranging from private way in advanced energy technologies, permission to address the House for 1 forecasters to Governors on both sides we have to be willing to invest in that minute.) of the aisle say the Recovery Act has workforce through education. Mr. WITTMAN. Mr. Speaker, re- helped pull us back from the brink of Mr. Speaker, I urge my colleagues to cently during my district work period, economic disaster and is helping us lay support this important legislation. I met with officials from Matthews a firm foundation for our economic re- f County Public Schools. Matthews covery. County is representative of many of f OBAMACARE the communities in my district and (Mr. PITTS asked and was given per- around the Commonwealth that are b 1030 mission to address the House for 1 dealing with difficult budget chal- SCRAP CURRENT HEALTH CARE minute.) lenges. BILL Mr. PITTS. Mr. Speaker, today we The Matthews County school system will hear again from the President is projected to lose $1.2 million in the (Mr. FLEMING asked and was given about health care reform. However, 2010–2011 budget year. For a small permission to address the House for 1 moving forward on another version of school district, this is a significant minute.) these massive health care bills is not number. Unfortunately, in these cases, Mr. FLEMING. Mr. Speaker, last progress. Raising hundreds of millions usually the only place left to trim the year, I introduced House Resolution of dollars in new taxes is not progress. budget is personnel. This would mean 615, a resolution that simply says, if Cutting half a trillion dollars from less services and programs for children. you vote for a government-run health Medicare is not progress. Putting the Over the years, the Federal Govern- care system, you should be willing government in charge of health care in ment has expanded its involvement in to be subject to it. As of today, over this country is not progress. funding and has added requirements on 3 million Americans have gone to We all know how flawed the Senate public education. In some cases, Fed- fleming.house.gov in support of this health care bill is, how it is full of eral requirements leave school dis- resolution. backroom deals like the Cornhusker tricts strapped for funding. The Fed- This message continues to resonate Kickback and the Louisiana Purchase eral requirements and mandates are across America for one simple reason: and many others. Some say the Amer- not joined with Federal assistance. In The people of this country are sick and ican people will appreciate this bill my district, I have formed an Edu- tired of being the victims of bad laws after it becomes law. cation Advisory Council to look at while their elected representatives ex- Let’s not pretend that the American these tough issues. empt themselves from the very same people just don’t know enough about Congress should carefully review laws. If Congress feels increased taxes, this bill to make an informed decision. these important programs and imple- higher premiums, and government-run They are informed, and they reject it. ment commonsense reforms to ensure health care are good enough for Amer- Let’s scrap this massive bill and start that we are helping, not hurting, the ican families, then it should be good over, just like the American people education of our children. There are enough for them as well. would like us to. many counties like Matthews across I urge the President and Democrat leadership to listen to this over- f Virginia’s First Congressional District. We must be mindful of the impacts we whelming uproar from the American WOMEN’S HISTORY MONTH have on their budgets. public. Scrap the current legislation (Ms. LORETTA SANCHEZ of Cali- f and go back to the drawing board to fornia asked and was given permission craft a true bipartisan bill that in- to address the House for 1 minute.) RECOVERY ACT WORKING creases access and quality of health Ms. LORETTA SANCHEZ of Cali- (Ms. WASSERMAN SCHULTZ asked care while driving down costs for fornia. Mr. Speaker, today, I rise to and was given permission to address American families. recognize Women’s History Month. the House for 1 minute and to revise f This month we will be celebrating not and extend her remarks.) only the accomplishments of women, Ms. WASSERMAN SCHULTZ. Mr. LEGISLATION TO HELP SMALL but will also be raising the awareness Speaker, I rise this morning to share BUSINESSES of the various challenges that still some success stories from the 20th Con- (Mr. SCHAUER asked and was given exist and face women today. gressional District in Florida that permission to address the House for 1 Today, women make up about 12 per- show that the evidence is clear that minute.) cent of our 1.2 million active U.S. serv- the Recovery Act is working to cushion Mr. SCHAUER. Mr. Speaker, I rise to icemembers. the greatest economic crisis since the announce new legislation I’m intro- Today, women like Tran Khai Thanh Great Depression and lay a new founda- ducing to help small businesses grow Thuy are sacrificing their rights to tion for economic growth. and make it easier for them to put peo- fight for democracy and freedom in In my State of Florida, we are cre- ple to work. New jobs mean less gov- Vietnam. ating jobs and investing in the infra- ernment spending on unemployment Today, the United States Govern- structure of our community. Indeed, in and health care. New employees spend ment is led by more women leaders my district alone, there have been 130 much of what they earn, also boosting than ever before. Recovery Act grants that have been our local economies.

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.007 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1035 In my bill, tax credits are targeted United States by helping planners determine The SPEAKER pro tempore. Is there for small business job creation. While where to locate schools, daycare centers, objection to the request of the gen- we’re suffering from high national un- roads and public transportation, hospitals, tleman from Massachusetts? employment, States like Michigan are housing, and other essential facilities; There was no objection. Whereas businesses in the United States Mr. LYNCH. Mr. Speaker, I yield my- being hit especially hard. That is why use census data to support new investments my bill gives bigger tax credits to em- and growth; self such time as I may consume. ployers that create jobs in high unem- Whereas census data ensure fair Federal, Mr. Speaker, on behalf of the Com- ployment States like Michigan. My bill State, and local representation in the United mittee on Oversight and Government goes to the heart of our economy, help- States and help determine the composition Reform, I am proud to present House ing small businesses, the engine of job of voting districts at each level; Resolution 1096 for consideration. The creation in America. Whereas census data directly affect how resolution encourages individuals more than $400,000,000,000 in Federal and f across the United States to participate State funding is allocated to communities in the 2010 Census to ensure an accu- BLACKLIST BLACKWATER for neighborhood improvements, public health, education, transportation, etc.; rate and complete count beginning (Mr. MORAN of Virginia asked and Whereas census data help identify changes April 1, 2010, and it expresses support was given permission to address the in a community and are crucial for the dis- for designation of March 2010 as Census House for 1 minute.) tribution of adequate services to a growing Awareness Month. Mr. MORAN of Virginia. Mr. Speak- population; House Resolution 1096 was introduced er, I rise with great concern that the Whereas the 2000 Census determined the by my friend and colleague, Represent- Department of Defense is considering United States had a total population of ative SILVESTRE REYES of Texas, on awarding a $1 billion contract to 281,421,906 and current estimates project the February 23, 2010, and it enjoys the sup- population has grown to 308,573,696; Blackwater, now known as Xe Services, Whereas the 2010 Census is fast, safe, and port of over 50 Members of Congress. to train the Afghan National Police. easy to complete, with just 10 questions, and Mr. Speaker, article I, section 2 of Blackwater-Xe is synonymous with requiring only about 10 minutes; the United States Constitution re- abuse, unprovoked violence, and a Whereas the 2010 Census data are strictly quires an actual enumeration of the ‘‘shoot first’’ attitude. Their personnel confidential and Federal law prevents the in- population of the United States every are directly responsible for killing doz- formation from being shared with any enti- 10 years. The Founding Fathers delib- ens of innocent men, women, and chil- ty; erately placed this requirement in the dren in Iraq. Clearly, they are not de- Whereas the individual data obtained from Constitution in order to ensure fair and the census are protected under United States accurate Federal, State, and local rep- serving of a U.S. contract to train the privacy laws, cannot be disclosed for 72 Afghan police. years, or used against any person by any resentation, and the Census serves the Hiring Xe may irreparably damage government agency or court; same purposes today by establishing our efforts to work cooperatively with Whereas neighborhoods with large popu- the composition of voting districts at the Afghan people and will serve as a lations of low-income, minority, or rural every level of government. Accurate propaganda tool for our enemies. They residents are especially at risk of being Census data is vital to the well-being of will be seen as representing the Amer- undercounted in the 2010 Census; every person in the United States. ican people, which they do not. Given Whereas, in the 2000 Census count, His- Census data directly affects how panics, African-Americans, Asian Ameri- more than $400 billion in Federal and Xe-Blackwater’s past performance, our cans, and rural Americans were the most dif- government should not be doing busi- ficult to count; State funding is allocated throughout ness with Xe, and Secretary Gates Whereas the goal of the 2010 Census is to our Nation. The information obtained should prevent this contract from count every person in the United States, in- in the Census assists planners in deter- going forward. cluding Puerto Rico, American Samoa, mining where schools, daycare centers, Guam, the Northern Mariana Islands, the f health centers, roads, public transpor- Virgin Islands, and any other territory or tation, hospitals, housing, and other ANNOUNCEMENT BY THE SPEAKER possession of the United States once, and essential infrastructure should be lo- PRO TEMPORE only once, and in the right place; cated. Whereas the goal of the 2010 Census is to Businesses in the United States use The SPEAKER pro tempore. Pursu- eliminate undercounts and overcounts of ant to clause 8 of rule XX, the Chair specific population groups, problems that Census data to support new invest- will postpone further proceedings were apparent in the 2000 Census; and ments, and Census data also helps de- today on motions to suspend the rules Whereas the month of March 2010 would be termine how funds are distributed to on which a recorded vote or the yeas an appropriate month to designate as Census communities for neighborhood im- and nays are ordered, or on which the Awareness Month: Now, therefore, be it provements in public health, edu- vote incurs objection under clause 6 of Resolved, That the House of Representa- cation, and transportation initiatives. tives— rule XX. Census data also helps identify (1) encourages individuals across the changes in community makeup and is Record votes on postponed questions United States to participate in the 2010 Cen- will be taken later. sus to ensure an accurate and complete essential for distribution of adequate services to our continually growing f count beginning April 1, 2010; (2) urges State, local, county, and tribal population. In fact, the Census cur- CENSUS AWARENESS MONTH governments, as well as other organizations rently estimates that the U.S. popu- Mr. LYNCH. Mr. Speaker, I move to to emphasize the importance of the 2010 Cen- lation has increased by over 27 million suspend the rules and agree to the reso- sus and actively encourages all individuals people since the 2000 Census. lution (H. Res. 1096) encouraging indi- to participate; and The 2010 Census is extremely fast, (3) supports the designation of Census safe, and easy to complete. It consists viduals across the United States to Awareness Month. participate in the 2010 Census to ensure of just 10 questions and only requires The SPEAKER pro tempore. Pursu- an accurate and complete count begin- about 10 minutes to fill out. 2010 Cen- ant to the rule, the gentleman from ning April 1, 2010, and expressing sup- sus data is strictly confidential, and Massachusetts (Mr. LYNCH) and the port for designation of March 2010 as Federal law prohibits the personal in- gentleman from North Carolina (Mr. Census Awareness Month, as amended. formation from being shared with any MCHENRY) each will control 20 min- The Clerk read the title of the resolu- entity. Individual data obtained from utes. tion. the Census is protected under United The Chair recognizes the gentleman The text of the resolution is as fol- States privacy laws and cannot be dis- from Massachusetts. lows: closed for 72 years or used against any GENERAL LEAVE H. RES. 1096 person by any government agency or Mr. LYNCH. Mr. Speaker, I ask unan- Whereas the Constitution requires an ac- court. tual enumeration of the population every 10 imous consent that all Members may Given the ease and safety of the 2010 years; have 5 legislative days within which to Census, every person in the United Whereas an accurate census count is vital revise and extend their remarks and States, including individuals in Puerto to the well-being of communities in the add any extraneous materials. Rico, American Samoa, Guam, the

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.008 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1036 CONGRESSIONAL RECORD — HOUSE March 3, 2010 Northern Mariana Islands, the Virgin Census data guides the distribution rate and complete count beginning Islands, and all other U.S. territories of more than $400 billion in Federal April 1. should also take time to fill out the funds, as my colleague mentioned, di- Passage of this resolution will help form and be counted. It is especially rects funds to State and local govern- raise awareness of the Census and its important that residents of predomi- ments each year, and decides the significance to communities all across nantly low income, minority, and-or makeup of representative districts the United States. Although the Cen- rural neighborhoods participate in the from the United States Congress on sus only happens every 10 years, it is Census because these groups are at the down to the school board. Decisions to extremely important that we get an ac- center of greater risk of being under- build new infrastructure such as roads, curate count because the data derived counted in the Census. This is ex- schools, and hospitals are dependent from the Census affects political rep- tremely troubling considering the fact upon population counts derived from resentation and directs the allocation that the Census officials estimate that the Census. When people do not partici- of billions of dollars in government every individual who is not accounted pate in the Census, they only short- funding. for in the Census loses about $1,500 per change themselves and their commu- Every year, more than $400 billion in year in Federal aid for their commu- nities. A poor response rate means peo- Federal funds is awarded to States and nity. By taking just 10 minutes to com- ple cannot be accurately represented in communities based on Census data. plete the 2010 Census form, it can help Federal, State, and local districts when That is more than $4 trillion over a 10- ensure that everyone in America is they are drawn. It means that a com- year period. An accurate Census count properly represented and eliminate munity may lose its fair share of Fed- is vital to U.S. communities because it Census overcounts and undercounts. eral and State funding. It means a road helps us to plan for new hospitals, new Additionally, House Resolution 1096 that should be built won’t. A 10-minute schools, and new community projects. expresses support for the designation of response can help avoid 10 years of It is also used to determine which March as Census Awareness Month, underrepresentation and underfunding. places receive additional social serv- which will raise public awareness about Mr. Speaker, I urge my colleagues to ices, including development block the importance of completing the Cen- support this resolution, this very im- grants. sus. portant resolution. The Census only b 1045 Mr. Speaker, as Census Bureau Direc- comes around every 10 years. We have Throughout the years, the goal of the tor Robert M. Groves has noted, ‘‘Tax- an obligation, as the people’s rep- payers save $85 million for every 1 per- census has remained unchanged—to resentatives, to make sure that they count every person accurately and to centage point increase in the national know that this is going to happen. mail-back participation rate for the collect information that will help us to Census day this year is April 1. Every better serve the needs of our people. 2010 Census.’’ With this in mind, let me American should get that form in the take this opportunity to express my The 2000 census counted more than 281 mail or hand-delivered. Simply fill it million people. strong support for House Resolution out, mail it back in, and you have done 1096, which encourages individuals The census only takes 10 minutes to your patriotic duty. fill out, and it is strictly confidential. across the United States to participate Every individual in this country in the 2010 Census and expresses sup- Unfortunately, despite these facts, His- should respond. Let me make this panics, African Americans, Asian port for designation of March 2010 as clear: Every individual in this country Census Awareness Month. Americans, and rural Americans are should respond. It is a wonderful oppor- I urge passage of Mr. REYES’ resolu- among those groups most likely to be tunity for you to simply do your patri- tion. undercounted and to be, thereby, I reserve the balance of my time. otic duty. It is what the Founders in- underrepresented. Mr. MCHENRY. Mr. Speaker, I yield sisted on. In order for us to have a rep- I call on our communities—from myself such time as I may consume. resentative democracy, we must know churches, schools, nonprofits, big and Mr. Speaker, I concur with my col- who we represent, how many people we small businesses, to local, State and league and fellow member of the Over- represent, who’s here. And that is our tribal governments—to please help us sight and Government Reform Com- obligation to carry that message out, to promote the 2010 Census and to urge mittee. I rise today in support of H.R. but it is the American people’s obliga- everyone to fill out their census forms. 1096, and I am proud to cosponsor this tion to share this message as well. Together, we can ensure a complete resolution encouraging full participa- So with that, I urge my colleagues to and accurate count. tion in the 2010 Census and expressing support this resolution, this very im- With that in mind, Mr. Speaker, I support of the designation of March as portant resolution. urge all Members to join me in voting Census Awareness Month. I reserve the balance of my time. in favor of H. Res. 1096. Our Constitution requires that every Mr. LYNCH. Mr. Speaker, I appre- Mr. MCHENRY. Mr. Speaker, this is 10 years the Federal Government count ciate and thank the gentleman from not about partisanship. The census is every person residing in the United North Carolina for his thoughtful re- important for every community across States once, and only once, and where marks and for his support. this country and for every State in this they live. As a Nation, we have been At this point, I would like to yield 5 Nation. Every individual group within doing this every decade since our very minutes to the lead sponsor of this res- this country has something to gain or first Census in 1790. This is not new. olution, the gentleman from Texas (Mr. to lose in this census. It is not simply This week, the Census Bureau will REYES), the chairman of our Intel- about how districts are drawn. It is begin the process of delivering the 2010 ligence Committee. about how Federal, State and local questionnaire from the Census all Mr. REYES. I thank the gentleman money is allocated. If you don’t re- across America. By midmonth, the ma- for yielding time this morning. spond, if you don’t mail your form jority of the approximately 120 million Mr. Speaker, I rise today in support back in, if you don’t answer the door households in the United States will of H. Res. 1096, which designates when somebody knocks to collect your receive their form by mail or by hand March, 2010, as the Census Awareness census data, which is very basic infor- delivery from a Census Bureau em- Month. I want to thank subcommittee mation by the way, you are doing a dis- ployee. Chair CLAY and Ranking Member service to yourself, to your family, to The 2010 questionnaire is the shortest MCHENRY for their leadership in get- your community, to your State, and to and simplest one the Bureau has ever ting this through committee. I also your Nation by saying, I don’t exist. So sent out. There are only 10 easy ques- thank the 59 bipartisan Members who it is very important for individuals in tions that should take less than 10 co-sponsored this very important reso- this country to respond to the census. minutes to fill out. And not only is it lution. Moreover, it is helpful to see that the easy, but it’s confidential, too. The in- I introduced this bill to urge commu- President has recorded a PSA, encour- dividual information that respondents nities across the country to raise aging folks to respond to the census. It provide is protected by Federal law and awareness about the upcoming Census shows the importance, from the White cannot be shared with any other gov- and to encourage individuals to fill out House on down to everyone else, for us ernment agency. their Census form to ensure an accu- to respond to the census.

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.009 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1037 Finally, I hope that the 2010 census is more than $400 billion in federal funds are Mr. LYNCH. Mr. Speaker, I object to the most successful census we have spent, at all levels of government, and thus, the vote on the ground that a quorum ever had in our Nation’s history. The helps determine how and what resources are is not present and make the point of Bureau has done a solid task of putting allocated to a community. Put another way, if order that a quorum is not present. together the logistics of getting mil- our community members don’t fill out the cen- The SPEAKER pro tempore. Pursu- lions of folks in this country to re- sus, they will find they are not getting funding ant to clause 8 of rule XX and the spond to the census. It’s a costly en- to support their needs. Census data is used to Chair’s prior announcement, further deavor, but it’s one that the Founders determine which schools receive funding for proceedings on this motion will be insisted on for us to have a functioning improvements, where new hospitals and roads postponed. democracy. Especially when the House are built, what new maps are needed for first The point of no quorum is considered of Representatives is based on popu- responders, and where economic investment withdrawn. lation, they wanted to make sure that should be made. f Second, the data from the Census dictates the population count was correct and RECESS accurate. how the U.S. House of Representatives is re- The SPEAKER pro tempore. Pursu- I thank the Bureau and all of the apportioned, how each state is redistricted, ant to clause 12(a) of rule I, the Chair folks who are working all across every and how the Electoral College is distributed. I declares the House in recess subject to community in this country. Those don’t need to remind all of my constituents of the call of the Chair. folks who are working for the Bureau the importance of ensuring they are properly represented on the federal, state, and local Accordingly (at 10 o’clock and 52 are wonderful, patriotic people, and we minutes a.m.), the House stood in re- want to say thank you for your service levels. Filling out the Census is fast (taking most cess subject to the call of the Chair. to your country and to your commu- just 10 minutes to complete), safe (the infor- nity. f mation is treated by law as confidential) and With that, I yield back the balance of b 1230 easy to complete (there are just 10, simple my time. questions). AFTER RECESS Mr. LYNCH. I thank the gentleman I hope that elected officials at all levels of from North Carolina for his courtesy The recess having expired, the House government, across the country and in Michi- was called to order by the Speaker pro and for his support. gan’s 15th Congressional District will educate Mr. Speaker, I do have a copy of the tempore (Ms. MCCOLLUM) at 12 o’clock their constituents about the importance of and 30 minutes p.m. census form here. You can’t see it, ob- completing the 2010 Census, and, Mr. Speak- f viously, because of the size of the type, er, I urge my colleagues in the House to join but it’s mostly check-the-box answers. me in supporting this resolution. PROVIDING FOR CONSIDERATION I commend the Census Bureau for sim- Mr. JOHNSON of Georgia. Mr. Speaker, it is OF H.R. 4247, PREVENTING HARM- plifying this. As the gentleman from with great pleasure that I rise today in strong FUL RESTRAINT AND SECLUSION North Carolina has stated, it is prob- support of this resolution encouraging every- IN SCHOOLS ACT ably the simplest version of the form one across the United States to participate in Mr. CARDOZA. Madam Speaker, by that we have had in our history. the 2010 Census and recognizing the month direction of the Committee on Rules, I I also want to express the concern of March as 2010 Census Awareness Month. call up House Resolution 1126 and ask that we get about 80 to 90 percent of Since 1930, we have undertaken the monu- for its immediate consideration. the forms back in the mail, and this is mental task of counting the total U.S. popu- The Clerk read the resolution, as fol- the most efficient way and the cheap- lation every 10 years on April 1st. I urge ev- lows: est way to conduct the census. The eryone across the Nation to join in the count H. RES. 1126 costly part of the census count is in ac- and I applaud the actions of Representative Resolved, That upon the adoption of this tually going out and knocking on doors SILVESTRE REYES from Texas for introducing resolution it shall be in order to consider in and in trying to get people to respond this resolution. the House the bill (H.R. 4247) to prevent and who have not responded through the Active participation in the 2010 Census is reduce the use of physical restraint and se- mail. That’s the costly part. So, to the especially important in minority communities, clusion in schools, and for other purposes. degree that people can cooperate, can which have been historically underrepresented All points of order against consideration of help us out and can mail these back, in previous counts. It is important that we do the bill are waived except those arising it’s a good use of taxpayer money. It’s all we can to spread the word about the up- under clause 9 or 10 of rule XXI. The amend- coming census count in these groups. In the ment in the nature of a substitute rec- much cheaper. So there is a dual pur- ommended by the Committee on Education pose. year 2000, 3 million of our friends, family and and Labor now printed in the bill shall be Also, as the gentleman from North neighbors were not included in the census considered as adopted. The bill, as amended, Carolina mentioned, the allocation of count. We can no longer afford such over- shall be considered as read. All points of resources and the representation as- sights which prevent these individuals and order against provisions of the bill, as pect of this is very important as well. their communities from receiving funding. This amended, are waived. The previous question We have no further speakers. Just in count affects more than $400 billion in Federal shall be considered as ordered on the bill, as closing, I would ask Members on both and State funding for public investments, hel amended, and on any amendment thereto to final passage without intervening motion ex- sides to support Mr. REYES in his reso- planners across the Nation in determining the location of schools, hospitals and senior cit- cept: (1) one hour of debate equally divided lution in supporting the census and in and controlled by the chair and ranking mi- designating March as the official izen centers, and assists in determining the nority member of the Committee on Edu- Month of the Census. makeup of local and national voting districts. cation and Labor; (2) the amendment printed Mr. DINGELL. Mr. Speaker, I rise today to Mr. Speaker, fewer things in life are easier in part A of the report of the Committee on than filling out census forms. Answering these support H. Res 1096, a resolution introduced Rules accompanying this resolution, if of- 10 questions is vital to attaining an accurate by my colleague, Representative SILVESTRE fered by Representative George Miller of count of the American people. Let’s go to work California or his designee, which shall be REYES, which encourages individuals across and make sure that everyone is counted. considered as read, shall be separately debat- the country to participate in the 2010 census I urge my colleagues to support its passage. able for 10 minutes equally divided and con- to ensure an accurate and complete count be- Mr. LYNCH. Mr. Speaker, I yield trolled by the proponent and an opponent, ginning April 1, 2010. back the balance of my time. and shall not be subject to a demand for divi- Article I, Section 2 of the U.S. Constitution The SPEAKER pro tempore. The sion of the question; (3) the amendment requires that the enumeration of every indi- question is on the motion offered by printed in part B of the report of the Com- vidual residing in the United States, is taken the gentleman from Massachusetts mittee on Rules, if offered by Representative Flake of Arizona or his designee, which shall every ten years. This month, every household (Mr. LYNCH) that the House suspend across the nation will have received a 10- be considered as read, shall be separately de- the rules and agree to the resolution, batable for 10 minutes equally divided and question census form known as the Decennial H. Res. 1096, as amended. controlled by the proponent and an oppo- Census. The question was taken. nent, and shall not be subject to a demand The importance of correctly filling out and The SPEAKER pro tempore. In the for division of the question; and (4) one mo- returning this form cannot be overstated. First, opinion of the Chair, two-thirds being tion to recommit with or without instruc- data from the Census directly affects how in the affirmative, the ayes have it. tions.

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.013 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1038 CONGRESSIONAL RECORD — HOUSE March 3, 2010 SEC. 2. All points of order against amend- Madam Speaker, the bill before us all. It will require States to meet min- ments printed in the report of the Com- today, the Preventing Harmful Re- imum safety standards to prevent mittee on Rules accompanying this resolu- straint and Seclusion in Schools Act, abuse by restraint and seclusion in tion are waived except those arising under responds to a shocking and urgent need schools across the country, similar to clause 9 or 10 of rule XXI. SEC. 3. During consideration of an amend- to protect our children in their schools. the protections already in place in ment printed in the report of the Committee Last year, the Committee on Edu- medical- and community-based facili- on Rules accompanying this resolution, the cation and Labor held a hearing where ties. Chair may postpone the question of adoption they were told horrifying accounts of H.R. 4247 specifically prohibits the as though under clause 8 of rule XX. young, innocent children who were sub- use of mechanical, chemical, or phys- SEC. 4. It shall be in order at any time jected to abusive uses of restraint and ical restraints or any other restraint through the legislative day of March 4, 2010, seclusion in their classrooms, and they that restricts breathing, and it pro- for the Speaker to entertain motions that were told of some who died as a result the House suspend the rules. The Speaker or hibits abusive behavioral interventions her designee shall consult with the Minority of this abuse. that compromise the health and safety Leader or his designee on the designation of These were, unfortunately, not iso- of the children. The bill does, however, any matter for consideration pursuant to lated incidents. The committee also allow for the temporary restraint or se- this section. heard from the Government Account- clusion of a child under certain cir- SEC. 5. The requirement of clause 6(a) of ability Office’s managing director of cumstances if the child possesses an rule XIII for a two-thirds vote to consider a Forensic Audits and Special Investiga- imminent danger to himself or to oth- report from the Committee on Rules on the tions, who testified that the GAO found same day it is presented to the House is ers in the classroom. ‘‘hundreds of cases of alleged abuse and The Secretary of Education will issue waived with respect to any resolution re- death related to the use of these meth- ported through the legislative day of March regulations establishing such stand- 4, 2010. ods on schoolchildren.’’ In Texas and in ards, and the States will have 2 years California alone, the GAO found there The SPEAKER pro tempore. The gen- to have their own policies in place to were over 33,000 reported incidents of tleman from California is recognized meet or to exceed these regulations. restraint or seclusion during the school In closing, I would like to commend for 1 hour. year of 2007–2008. Mr. CARDOZA. Madam Speaker, for the Committee on Education and Labor Madam Speaker, this is deplorable for its continued efforts on behalf of purposes of debate only, I yield the cus- and inexcusable, and it is simply not tomary 30 minutes to the gentlewoman our Nation’s children. I strongly urge humane. Even worse, parents may have my colleagues on both sides of the aisle from North Carolina (Ms. FOXX). All no idea what is taking place in their time yielded during consideration of to support this commonsense legisla- children’s classrooms. Sometimes the tion. the rule is for debate only. only signs parents may ever see are GENERAL LEAVE I reserve the balance of my time. slow but stark behavioral changes in Ms. FOXX. I yield myself such time Mr. CARDOZA. I ask unanimous con- their children, at which point the chil- sent that all Members have 5 legisla- as I may consume. dren have been afflicted with deep psy- I thank the gentleman from Cali- tive days within which to revise and chological issues and damage. extend their remarks on House Resolu- fornia for yielding time. I shudder at the thought that, while I will urge my colleagues to vote tion 1126. innocent children are supposed to be ‘‘no’’ on this rule for many reasons The SPEAKER pro tempore. Is there learning about reading, writing and objection to the request of the gen- which I will outline in my comments, arithmetic, they may be subjected to but I certainly want to share with the tleman from California? unspeakable abuse while they are at gentleman from California and with There was no objection. the hands of their trusted educators. It the sponsors of this bill the feeling Mr. CARDOZA. I yield myself such is abuse which will affect their lives that all of us want to see that our chil- time as I may consume. forever. Our Nation’s youth already dren are protected, that all children Madam Speaker, House Resolution have to overcome many obstacles in are protected, particularly when they 1126 provides for consideration of H.R. their lives, and they should not be sub- are in State-sponsored institutions, 4247, the Preventing Harmful Restraint jected to such scars which may never such as public schools or other such in- and Seclusion in Schools Act, under a ever heal. structured rule. If that weren’t bad enough, consider stitutions. Nobody wants our children The rule provides for 1 hour of gen- the countless children with disabilities to be at any risk, and we want to make eral debate, equally divided and con- or special needs who are disproportion- sure that the people who are looking trolled by the chairman and ranking ately restrained or secluded at school after them take the proper precautions member of the Committee on Edu- at far greater rates. Further, many of when they are dealing with them, espe- cation and Labor. these children have no means whatso- cially in a physical way. The rule makes in order the two ever of communicating with their par- Madam Speaker, we are here today to amendments that were submitted for ents. debate the rule on H.R. 4247, the Pre- consideration and are printed in the Madam Speaker, no child should ever venting Harmful Restraint and Seclu- Rules Committee report—a manager’s be subjected to abuse or neglect, espe- sion in Schools Act. amendment by Chairman MILLER and cially when in the care of those we are Our Founding Fathers knew what an amendment by Representative supposed to trust the most. they were doing when they assembled FLAKE. Despite what you may have heard the U.S. Constitution and the protec- The rule waives all points of order from the other side of the aisle, the bill tions it guarantees, specifically in the against consideration of the bill, ex- before us today is not about Federal Tenth Amendment. The authors of this cept for clauses 9 and 10 of rule XXI, control or about setting up a one-size- amendment, an amendment ratified in and provides one motion to recommit fits-all Federal mandate. It is about es- 1791, remembered what it was like to be with or without instructions. tablishing flexible guidelines for States under the thumb of a distant, all-pow- The rule authorizes the Speaker to in order to help them raise the bar and erful government, and they understood entertain motions that the House sus- to solve a problem that they simply that a one-size-fits-all approach does pend the rules through the legislative have failed to adequately address on not work. day of Thursday, March 4, 2010. The their own. There are 19 States which Since the U.S. Constitution was first Speaker shall consult with the minor- currently don’t have any laws address- ratified, the Federal Government has ity leader on the designation of any ing seclusion or restraint in schools. slowly, steadily and corrosively eroded matter for consideration pursuant to No laws at all. In the 31 States which the notion of States’ rights and of our this rule. do, their laws are all over the map. In individual liberties. Nowhere in the The rule also provides for same-day fact, some of them set guidelines so Constitution does it empower the Fed- consideration of any resolution re- low they might as well not have any eral Government to override States’ ported from the Rules Committee rules at all. rights. through the legislative day of Thurs- Madam Speaker, this bill, H.R. 4247, When it comes to the education of day, March 4, 2010. will remedy that problem once and for our Nation’s children, we can all agree

VerDate Nov 24 2008 00:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.006 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1039 again that students should be able to On page 24 of Speaker PELOSI’s ‘‘New Mr. CARDOZA. Madam Speaker, the learn in a safe, productive, and positive Direction for America’’ document gentlelady from North Carolina states environment. Teachers, principals, and issued in the 109th Congress, she calls that we have no statistics to back up other school personnel have a responsi- for regular order for legislation. the point of why we are bringing this bility to ensure that the environment ‘‘Bills should be developed following bill to the floor today. In just Texas is maintained at all times. In many full hearings in open subcommittee and and California, there were 33,000 cases cases, it is vitally important that committee markups with appropriate reported to the committee in one year. teachers and classroom aides use inter- referrals to other committees. Mem- If that is not a statistic that can make ventions and supports that are both bers should have at least 24 hours to your hair curl, I don’t know what is. physically and emotionally safe for the examine a bill prior to consideration at Even Ranking Member KLINE said that children. the subcommittee level. we are in urgent need of further statis- What the bill before us fails to recog- ‘‘Bills should generally come to the tics, because he does believe that this nize is that 31 States currently have floor under a procedure that allows is a serious question. laws and regulations in place which open, full, and fair debate, consisting of But just to make the point, to make govern the use of seclusion and re- a full amendment process that offers the case even stronger, the gentlelady’s straints in schools. An additional 11 the minority the right to offer its al- State, North Carolina, the reason why States have policies and guidelines in ternatives, including a substitute. we need this bill, she says some States place. In some cases, school districts ‘‘Members should have at least 24 have rules that already deal with this may also have their own guidelines hours to examine bill and conference problem. Let me read you a little bit governing the use of such practices in report text prior to floor consideration. about what North Carolina’s law says. the classroom. Rules governing floor debate must be It says it allows for seclusion and re- Furthermore, the Federal Govern- reported before 10 p.m. for a bill to be straint to maintain order or calm or ment has no reliable data on the preva- considered the following day. comfort in the classroom and does not lent use of harmful seclusion and re- ‘‘Floor votes should be completed require that there be imminent danger straint techniques in public and pri- within 15 minutes, with the customary or an emergency, and people can use it vate schools and on whether they re- 2-minute extension to accommodate for discipline and to write it into IEP, sult in child abuse, no matter the hy- Members’ ability to reach the House or individualized education programs. perbole used by people on the other Chamber to cast their votes. No votes That is exactly why we need this, be- side. shall be held open in order to manipu- cause some States, like her home Last year, the U.S. Department of late the outcome. State, don’t understand that this Education recognized this fact, and ‘‘House-Senate conference commit- shouldn’t be the way we deal with chil- through the Office of Civil Rights tees should hold regular meetings (at dren, children with special needs or issued a draft regulation requiring least weekly) of all conference com- other challenges. It shouldn’t be the State and local educational agencies to mittee members. All duly-appointed standard operating procedure in our collect data on the use of seclusion and conferees should be informed of the schools. restraints in schools. Moreover, last schedule of conference committee ac- Madam Speaker, I now would like to August, Secretary of Education Arne tivities in a timely manner and given yield 2 minutes to the gentleman from Duncan sent a letter to each chief ample opportunity for input and debate California (Mr. GEORGE MILLER), the State school officer, urging the officers as decisions are made toward final bill Chair of the committee. to review their current policies and language. Mr. GEORGE MILLER of California. guidelines regarding the use of re- ‘‘The suspension calendar should be Madam Speaker, I want to thank my straints and seclusion in schools to en- restricted to noncontroversial legisla- colleague from California and the sure every student is safe and pro- tion, with minority-authored legisla- Rules Committee for reporting this tected. tion scheduled in relation to the party rule that will allow us for the first However, instead of waiting until the ratio in the House.’’ time to have Federal guidelines for the Department of Education completes its Those were all the things that the protection of children while they are in review to see how widespread the prob- majority promised us before taking school. It is important that we strive lem of harmful seclusion and restraint over in the 110th Congress. And what to keep all children safe while they are techniques is, the bill establishes a do we get? We get this rule, which pro- in school. I am honored to have worked Federal one-size-fits-all mandate to a vides blanket martial law through with and thank her so much for her co- problem for which there is not yet a Thursday. operation, Congresswoman CATHY thorough understanding and which This practice diminishes democracy. MCMORRIS RODGERS, who was so instru- would otherwise be handled at the When major legislation is being consid- mental in bringing this bill together State level. ered that would add hundreds of bil- and bringing all various parts of the We know increased Federal regula- lions of dollars to the debt or affect discussion on this legislation together tions do not equal results, especially Americans in other ways, Members of to help us draft the legislation. when it comes to public education. De- Congress should have the opportunity Not everybody agrees with it, but we spite Washington’s spending hundreds to study the legislation for more than have had wonderful cooperation and of billions in Federal dollars since 1965 a couple of hours and know what they support from many parts of the edu- on public education, the achievement are voting on. cational community, recognizing the gap has not closed, and test scores have This rule is a structured rule and danger for the actions to continue that not improved. makes in order two amendments, one have put so many children in danger from Chairman MILLER and one from and have harmed so many children, b 1245 Representative FLAKE of Arizona. without having an accurate reporting Instead, we should be focusing on en- Chairman MILLER’s amendment, among system, without having the proper forcement of current State procedures other things, would change the title of training of teachers. addressing seclusion and restraint of the bill from ‘‘Preventing Harmful Re- Teachers are very often put in a very, students. It is my belief that State and straint and Seclusion in Schools Act’’ very difficult position with respect to local governments can identify student to the ‘‘Keeping All Students Safe what to do, but we cannot have chil- needs and determine the most appro- Act.’’ That is a promise that no Con- dren being taped to their chairs, chil- priate regulations better and more effi- gress can fulfill. dren having duct tape put around their ciently than the Federal Government. Madam Speaker, we have a lot of mouth, children being locked into dark At the beginning of the 110th Con- problems with this bill and we have a closets or even smaller spaces for mul- gress, the new majority came to power lot of problems with this rule, and, tiple hours of the day, for multiple full of promises for a bipartisan work- again, I will urge my colleagues to vote days of the week, so they can establish ing relationship and a landmark pledge ‘‘no’’ on the rule and ‘‘no’’ on the bill. the comfort in the classroom. That is to create the ‘‘most honest, most open, Madam Speaker, I reserve the bal- not the right treatment of that child. and most ethical Congress in history.’’ ance of my time. And if you are doing it over and over

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.017 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1040 CONGRESSIONAL RECORD — HOUSE March 3, 2010 and over again and you are not chang- We cannot allow us to proceed expedited procedure in the past when ing the behavior, you are not getting against those children without a policy we were in the majority. But, Madam the outcomes, you might want to being in place that protects the chil- Speaker, it is almost always done only rethink that policy. But, tragically, dren and notifies the parents. at the end of a session when there are that is not happening in too many Again, I want to thank the gen- very, very important time constraints areas. tleman and the Rules Committee for that need to be addressed, and Mem- Yes, there are some State regulations reporting this rule. bers on both sides of the aisle usually in this area, but they are very incom- Ms. FOXX. Madam Speaker, I yield end up agreeing to it. plete. They are spotty. Some only ad- such time as he may consume to the Madam Speaker, I know that I speak dress one school population, one par- distinguished ranking member of the for not only my Republican colleagues ticular disability maybe, or a par- Rules Committee, Mr. DREIER. but the American people, Democrat, ticular age group, but not others. But (Mr. DREIER asked and was given Republican, Independent, when I say we cannot have, and as the GAO trag- permission to revise and extend his re- that the notion of imposing a martial ically made so graphic to our com- marks.) law rule, in what is now the third mittee, you cannot have very young Mr. DREIER. Madam Speaker, the month of the second session of the children treated in this way. We were American people get it. Last June 24, 111th Congress, is a nonstarter. We presented with the most graphic case we, at 3 o’clock in the morning up in should not be utilizing this kind of pro- of students who died while they were the Rules Committee, had dropped into cedure at this point. placed in seclusion, while they were our laps a 300-page amendment that no So, Madam Speaker, I am going to placed in improper uses of restraint. one had read just as the motion was urge my colleagues to vote against this The SPEAKER pro tempore. The being offered to move that so-called rule and bring back a structure that time of the gentleman has expired. cap-and-trade legislation to the floor of does in fact strike martial law, which Mr. CARDOZA. I yield the gentleman the House. is not what Americans, regardless of from California 2 additional minutes. Up until that time, being on the political party, want us to be utilizing Mr. GEORGE MILLER of California. Rules Committee as I am, whenever I in dealing with this very important We met with the parents and the care- would talk about process in this insti- issue. givers of those children. And here is tution, Members’ eyes would glaze There is bipartisan support for the the final touch, that in many in- over, and I know that the American underlying legislation, but there is stances, these children were treated people would have their eyes glaze very, very strong opposition, I hope, this way over and over and over again, over, and I have even had colleagues of from both Democrats as well as Repub- and their parents, guardians were mine from both sides of the aisle say, licans because of the fact that the never notified. Why do you talk about process? American people do not want us, espe- In many instances, the first time Well, Madam Speaker, one of the cially at this time when we are focus- they realized what was going on is things I have learned from being on the ing on very, very important legisla- when the child, in a very traumatic Rules Committee for more than a cou- tion, to deal with job creation and eco- way, refused to go back to school, was ple of years is that process is sub- nomic growth utilizing martial law frightened to go back to school. Some stance. The utilization of process plays rule. of these children never have really a very critical role in determining the So I urge my colleagues to vote been able to return to a regular school outcome of legislation. against the rule. setting. They have lost trust in people The American people concluded after Mr. CARDOZA. Madam Speaker, I in those settings. Or a teacher might June 24, when the next day our distin- would like to point out that in the venture out and quietly tell a parent guished Republican leader, the gen- 109th Congress, the Republican Rules that something is wrong in your child’s tleman from Ohio, Mr. BOEHNER, stood Committee, chaired by the gentleman classroom or the way your child is here taking his 1-minute and went for who just spoke, my colleague from being behaviored. an hour going through that 300-page California, reported 21 rules that That is not the kind of notification amendment, the American people got waived the two-thirds vote require- that parents are entitled to, and it is the message and they said, You guys ment for same day rules. Furthermore, not the kind of notification that people don’t even take time to look at the leg- five of those rules waived this require- believe gives them the authority to en- islation before you vote on it. Again, ment against any rule that was re- gage in this abusive behavior. this happened at 3 o’clock in the morn- ported from the committee. Also, we know that in a number of in- ing, and within a matter of hours we stances, medications were used without had that measure on the House floor. b 1300 the involvement of a doctor, without Well, Madam Speaker, why am I So I find it a bit ironic that my the okay of the parent, without check- going through this? Because in the friends on the other side of the aisle ing with the authorities prior to that. rule, and I understand that my friend are so outraged by this procedure We do recognize that in particular from Grandfather Community has that’s been done routinely by both cases a child may be a threat to him- talked about this, but the fact is, in Republican- and Democratic-controlled or herself, may be a threat to another this rule, we have what is described af- Congresses. student or to a teacher or to other fectionately from Members of both The blanket waiver is to allow max- school personnel, and we do allow them sides of the aisle as martial law rule. imum flexibility in bringing legislation to take actions in that particular case. What it means is, in this rule, any to the floor quickly—legislation to sup- But the idea that this ad hoc theory Member who votes for this rule is vot- port the Federal highway transit pro- of locking kids in closets while they ing to give the majority the authority grams, which provide much-needed jobs soil themselves, while they are denied to, without any kind of consideration, during these difficult times; or, legisla- food, while they are denied water, let’s move directly to the floor of the House tion to extend vital social safety-net look at what this bill does. It says you with legislation. We don’t know what programs such as unemployment insur- can’t deny water; you can’t deny food; that consists of. ance and COBRA, programs which, you can’t deny them access to bath- In a colloquy I had with the distin- thanks to the Senate and the filibuster room facilities. That is kind of basic, guished Chair of the Committee on that preceded the debates over there, isn’t it, in the treatment of a child? Rules last night, she said that it was allowed these programs to expire at the And think of what happens to a child going to be focusing on the jobs issue. end of February, putting 200,000 work- when that is done. We are not always But guess what, Madam Speaker? In ers off the job until we get this bill talking somehow about a worldly teen- this rule, there is no clear definition as passed. We aren’t sure what form all ager here. We are talking about, in to what legislation is going to be con- these measures are going to take yet, many instances, very young children, sidered. but it is essential that we have max- children in many, many instances with Now, this is a structure that is uti- imum flexibility to respond to what- disabilities who may not be able to lized by both sides of the aisle. I will ever legislative vehicles can best ad- communicate clearly. plead guilty. We have used this kind of dress these matters.

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.019 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1041 I want to point out that these are ing and was listening and talking with that. Our colleague in the other body very, very difficult times. In my own thousands of people in southern Cali- who was raising concern about the district, we have 20 percent unemploy- fornia. Our unemployment rate is not spending issue and offsets and pay-as- ment. Last night, I had a town hall quite as high as the gentleman faces in you-go, which is something that I meeting with my constituents. They’re the San Joaquin Valley. The part of know my friend has regularly cham- demanding answers and jobs. They the area I represent, the Inland Em- pioned, is what led to this issue. want it today. They don’t want it next pire, just in suburban Los Angeles, has The question is: What is it that we do week; they want it now. And all of the a 14.2 percent unemployment rate. It’s to get the economy back on track? obfuscation, all of the delay tactics, all a very serious issue. We’ve seen a massive increase in spend- of the challenges to getting people We need to work together in a bipar- ing in a wide range of areas. And guess back to work are not very tolerated by tisan way. And I consistently stood in what? We still have an unemployment them these days. this well saying that what we should be rate at right around just under 10 per- Every day counts in America right doing in a bipartisan way is utilizing cent nationally, 20 percent in my now. We have to put our people back to the John F. Kennedy, a great Demo- friend’s district, and 14 percent-plus in work. I would suggest that we should cratic President, and Ronald Reagan part of the area that I represent. That’s be figuring out together how to expe- model to get our economy back on why I believe we should be utilizing dite these processes rather than stand- track. We know what it will take. It’s this bipartisan John F. Kennedy-Ron- ing on parliamentary procedure tactics not a dramatic increase in Federal ald Reagan model. That’s what we to say, No, let’s wait some more. Let’s spending. It is encouraging, through in- should do to address the shared con- put these bills off. centives, private-sector job creation cern that we have. But in saying this, Mr. DREIER. Madam Speaker, will and economic growth. Madam Speaker, I point to the fact the gentleman yield? This procedure is virtually unprece- that we should not be imposing martial Mr. CARDOZA. I would be happy to dented at this early point in the Con- law, undermining the ability for us to yield to the gentleman from California gress. And I will say, Madam Speaker, do what my friend said should be done, for questions. that last week, last week, I would have and that is working together in a bi- Mr. DREIER. I thank my friend for thought that the majority would have partisan way. Because when you at this yielding. learned its lesson as it imposed martial early point in the Congress, in this ses- Let me first say that, as the gen- law rule at the end of last week, and sion of Congress, impose martial law tleman knows, in my remarks that I then had to come back, and my friend rule, you undermine the ability for us made from this well just moments ago, was in fact managing in what was a to work together in a bipartisan way. I recognized that this is a process that very unfortunate circumstance for the Mr. CARDOZA. I will just respond by has been utilized under both political institution, the idea of pulling back on saying that I’d love to work in a bipar- parties. So I completely concur with the McDermott amendment that was tisan way. But you need partners in a that, and I said that that happened. considered that clearly, Democrats and bipartisan process. Frankly, we’ve seen The important distinction to make is Republicans alike, recognized would more push-back and diversion and ob- that the five instances that my friend have jeopardized the security of the fuscation of the details and the merits mentioned when we were in the major- courageous men and women who serve of this legislation. A bill that passes ity, this was all done in the September- in our intelligence field around the 78–19, as the gentleman indicated, is to-December timeframe, basically in world. one where there is significant agree- the waning days of a Congress, or at So I’d be happy to yield to my friend ment. Yet, the rules of the Senate least a session of Congress. And that if he’d like to respond to any of my often times allow there to be signifi- played a big role, recognizing that that comments. cant delays in very needed legislation needed to happen. Mr. CARDOZA. Well, in response, to come to the aid of our constituents. Mr. CARDOZA. Madam Speaker, re- Madam Speaker, I would just raise that And so I would say that, yes, today claiming my time, in response to the it’s my belief that the Senate voted 78 or tomorrow we need to bring up a bill statement of the gentleman, I would to some teen number. I’m not sure that deals with the unemployment ben- just say that, yes, these are used for what the final tally was. efit for my constituents and Mr. extraordinary situations, like when Mr. DREIER. It was 19. DREIER’s and the rest of the Nation’s as 200,000 people are put out of work be- Mr. CARDOZA. Nineteen, on behalf well. We need to put those transit cause of a Senate filibuster for no par- of the package, the jobs bill that we’re workers back to work. We need to take ticularly good reason. contemplating bringing up tomorrow. care of the business before us. And Madam Speaker, I reserve the bal- Now, this illustrates the point that when we constantly see the generally ance of my time. we’ve been frustrated for a long time. unfeeling situation where we’re just Ms. FOXX. Madam Speaker, I yield The gentleman is correct that both his going to have a filibuster in the Senate such time as he may consume to the district and my district are suffering while folks will no longer get their un- distinguished gentleman from Cali- from lack of jobs, too high unemploy- employment benefits and suffer in the fornia (Mr. DREIER). ment. But when you get a constant process, I don’t think that’s what the Mr. DREIER. I thank the gentle- slowing down of the process in the Sen- American people sent us here to do. woman for yielding time to me. ate to the point where we can’t accom- I believe that we must pass this rule. Let me say I’d like to engage in a plish what the American people want We must move the jobs bill as soon as colloquy with my friend, if I might. us to accomplish in this Congress, then humanly possible. And we need to also And I’ll be more than happy to yield to you will have this kind of situation deal with the education bill that we him whatever time he needs under our where we get into a situation where brought up before the House and is the time, because I know he has to deal 200,000 people have been put out of main purpose for why we’re here today. with these time constraints. work because of lack of action by the Madam Speaker, I reserve the bal- Let me say, Madam Speaker, at the other body. ance of my time. outset, the notion of saying 200,000 peo- Mr. DREIER. Madam Speaker, if I Ms. FOXX. I yield myself such time ple have been thrown out of work be- can reclaim my time, the gentleman is as I may consume. cause of the actions taking place in the not talking about people being put out Madam Speaker, the reason that the Senate is not right. This had to do with of work; what he’s talking about is folks on the other side of the aisle are an issue of spending. But let’s not get people who are not receiving these ben- pushing through this martial law rule, into that. Let’s focus on what it is the efits. same-day rule, is because they have American people want us to do. Madam Speaker, let me just say that problems in their own caucus. As the Madam Speaker, the gentleman is everyone acknowledges that we want gentleman says, they’re still contem- absolutely right: Job creation and eco- to make sure that people who are plating what it is they want to do. Un- nomic growth is what the American struggling to find a job today and are fortunately, when the Democrats people are talking about. I, too, last unable to find a job are able to receive maybe get together and decide what it night held a telephone town hall meet- those benefits. No one wants to deny is they want to do, then they’re just

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.021 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1042 CONGRESSIONAL RECORD — HOUSE March 3, 2010 going to spring a bill on us and not derlying bill here. I have great respect Madam Speaker, there is an urgent even give us a day to read the bill. for my colleagues on the Education problem in many of the schools across They just want to bring it onto the Committee and some not on the Edu- the country that has gone unchecked floor immediately and then be able to cation Committee who will support for far too long and must be addressed. deal with it because, again, they don’t this bill. I know that they have the H.R. 4247 will go a long way towards know what they want to do. They have best intentions. But sometimes good ensuring the safety of our Nation’s dissension in their own caucus. intentions can have insidious results. children. Again, I ask my colleagues on Every time they can’t get their act One of the insidious results that will both sides of the aisle to support this together, they blame it on the Repub- come from this bill is to take away commonsense legislation. I urge a licans. They’re totally in charge of this from the States the right they have to ‘‘yes’’ vote on the rule and on the pre- Congress, totally in charge of the exec- regulate education. That is given to vious question. utive branch, and yet every day we them by the Constitution. Mr. GINGREY of Georgia. Madam Speaker, hear its the Republicans’ fault that we I don’t think that we should be ap- I rise today in strong opposition to this rule, as can’t get these things done. You all proving the underlying bill, and we cer- well as to the underlying legislation, H.R. won’t be bipartisan. We’re very happy tainly should not be voting for a rule 4247, the Preventing Harmful Restraint and to be bipartisan. We’re very happy to that violates even the promises that Seclusion in Schools Act. As a former Mari- sit down and talk about what needs to the majority made, which sounded so etta, Georgia School Board Member and as a be done. The American people are tell- good to the American people and which grandfather with grandchildren in both public ing us every day. We’re listening to helped them win the majority in 2006 and private schools, I believe that it is critically what the American people are saying. and gain seats in 2008. And every prom- important that students can feel safe in It’s obvious that the folks on the other ise has been violated. schools. side are not. So I ask my colleagues to vote ‘‘no’’ However, this legislation is not the right way This bill, Madam Speaker, authorizes on the rule and ‘‘no’’ on the underlying to address this important matter. H.R. 4247 such sums as may be necessary for fis- bill, although I know that I have col- represents a ‘‘Washington knows best’’ solu- cal years 2011 through 2015 to establish leagues who will vote for the bill. tion and a one-size-fits-all approach to edu- grants to States to help some of their With that, I yield back the balance of cational decisions where there is not prece- costs. ‘‘Such sums’’ is a blank check. my time. dence for federal action. Currently, there are We have the worst fiscal crisis we have Mr. CARDOZA. I’d like to thank the 31 states that have actively taken a role in en- had in this country in a long, long gentlewoman from North Carolina for acting policies that address the restraint and time. Again, we hear about it all the engaging with me today and my col- seclusion of students. Furthermore, 15 addi- time on the other side of the aisle. But league from California in the discus- tional states—including my home State of do they do anything to try to work on sion that we’ve had on both the under- Georgia—are planning on addressing this that fiscal crisis? No. They make it lying bill and the question of the need issue this year. worse by continuing to authorize ‘‘such to bring jobs to the United States of Madam Speaker, H.R. 4247 is a gross in- sums.’’ And we have bills like this America. fringement on states’ rights under the 10th every day that continue to authorize The minority would have you believe amendment to the Constitution. This legisla- more spending, more spending, more that we have totally clamped down on tion tells our states that the work they do to spending. this process and would not allow them keep our children safe is woefully inadequate I will be submitting, Madam Speak- to bring up dissenting views on this and leaves them no flexibility to meet the indi- er, a chart that shows how much bill. In fact, nothing could be further vidual needs of their students. money on other bills, such as No Child from the truth. In fact, the Rules Com- Additionally, I have grave concerns about Left Behind, has been authorized, and mittee granted the minority the oppor- the scope of this legislation as it relates to pri- then how much is actually spent, be- tunity to submit a substitute. They vate schools. On page 9 of the bill, H.R. 4247 cause we have a history of that. And we chose not to. specifically defines a school subjected to this legislation as ‘‘public or private’’ and ‘‘receives know that when you put out bills that b 1315 say ‘‘such sums,’’ with an estimate of . . . support in any form from . . . the Depart- what will be spent, that we always go We made in order both amendments ment of Education.’’ over in that spending. I will submit that were submitted to the committee. Madam Speaker, this clearly undermines that chart for the RECORD, Madam So basically everything that was of- the longstanding policy that limits federal intru- Speaker. fered as a suggestion to improve the sion into private schools. If this legislation bill has been incorporated to this TITLE I, NO CHILD LEFT BEHIND FUNDING passes, I fear that private schools will begin to point. [In million of dollars] limit services that their students are entitled to The gentlelady chose not to respond FY2001 ...... 8,763 receive under federal law as a way to avoid FY2002 ...... 10,350 when I pointed out that 19 States have being subjected to the law. Therefore, the fed- FY2003 ...... 11,689 no restrictions whatsoever on using eral safety standards afforded to children FY2004 ...... 12,342 child restraints. And her own State al- under H.R. 4247 will come at the sacrifice of FY2005 ...... 12,740 lows for seclusion and restraint to the educational experience for those students FY2006 ...... 12,713 maintain order, and does not require who choose to be in private schools. FY2007 ...... 12,838 that there be imminent danger or even FY2008 ...... 13,899 Make no mistake; the 10 cases that our col- FY2009* ...... 14,492 an emergency in order to duct tape leagues on the Education and Labor Com- Total Funding ...... 109,826 children to seats, to lock them in clos- mittee examined in their May 2009 hearing on * Excludes economic stimulus funding under the ets, deny them food, deny them water, this issue are absolutely tragic. My condo- American Recovery and Reinvestment Act. deny them access, without parental no- lences go out to all of the victims of these hor- TOTAL NO CHILD LEFT BEHIND FUNDING tification. That is the purpose of this rific acts. There is no doubt that mechanisms [In millions of dollars] underlying bill, to improve the situa- should be put in place to protect the safety of FY2001 ...... 17,382 tion that children are exposed to in our both our students and faculty so that tragedies FY2002 ...... 22,013 classrooms. like the ones that have already occurred can FY2003 ...... 23,625 Just a few years ago, 33,000 children be avoided in the future. FY2004 ...... 24,309 in just the two States of Texas and However Madam Speaker, I do not believe FY2005 ...... 24,350 California were exposed to this kind of it is the job of this body or the federal govern- FY2006 ...... 23,333 situation, or at least allegedly so. I ment as a whole to tackle this issue when we FY2007 ...... 23,487 FY2008 ...... 24,417 would say that we need these guide- leave educational decisions primarily to the FY2009* ...... 24,954 lines, that we need to intervene, and states. Instead of passing H.R. 4247, we Total Funding ...... 207,870 we need to provide the States with the should be encouraging the 19 states that do * Excludes economic stimulus funding under the opportunity to understand what is hap- not have existing policies on student restraint American Recovery and Reinvestment Act. pening. And we need to compile the and seclusion to act as quickly and as swiftly We, again, have colleagues on both statistics, all of which is included in as possible so that all states can keep their sides of the aisle who support the un- the bill. students safe in schools.

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MR7.023 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1043 Madam Speaker, for the sake of the 10th (3) commends Internal Revenue Service (Mr. BOUSTANY asked and was amendment and states’ rights, I ask that all of employees for their dedication and public given permission to revise and extend my colleagues oppose this rule, and I urge the service; his remarks.) (4) recognizes the heroic actions of the first defeat of the underlying legislation, H.R. 4247. Mr. BOUSTANY. Like all my col- responders, emergency services personnel, leagues here in the House of Represent- Mr. CORDOZA. I yield back the bal- Internal Revenue Service employees, and ance of my time, and I move the pre- citizens on the ground in Austin such as atives, I was shocked and horrified by vious question on the resolution. Robin De Haven whose actions minimized the tragedy that occurred at the IRS The previous question was ordered. the loss of life; and office in Austin, Texas, on February 18. The SPEAKER pro tempore. The (5) rejects any statement or act that delib- I especially want to offer my condo- question is on the resolution. erately fans the flames of hatred or expresses lences to the family of Vernon Hunter, The question was taken; and the sympathy for those who would attack public who lost his life in this senseless at- Speaker pro tempore announced that servants serving our Nation. tack. Mr. Hunter dedicated his life to the ayes appeared to have it. The SPEAKER pro tempore. Pursu- serving his country, including 20 years Ms. FOXX. Madam Speaker, on that I ant to the rule, the gentleman from in the U.S. Army and two tours in demand the yeas and nays. Georgia (Mr. LEWIS) and the gentleman Vietnam. I stand with my colleagues The yeas and nays were ordered. from Louisiana (Mr. BOUSTANY) each today to honor his service and his The SPEAKER pro tempore. Pursu- will control 20 minutes. memory. ant to clause 8 of rule XX, further pro- The Chair recognizes the gentleman We should also recognize the courage ceedings on this question will be post- from Georgia. and heroism of those men and women, poned. GENERAL LEAVE including IRS employees, first respond- ers, and others, who responded to the f Mr. LEWIS of Georgia. Madam Speaker, I ask unanimous consent that attack to ensure that our country did ANNOUNCEMENT BY THE SPEAKER all Members have 5 legislative days to not suffer even greater losses. PRO TEMPORE revise and extend their remarks on I would like to associate myself with The SPEAKER pro tempore. Pursu- House Resolution 1127. the words of President Obama to the ant to clause 8 of rule XX, the Chair The SPEAKER pro tempore. Is there employees of the IRS when he said, and will postpone further proceedings objection to the request of the gen- I quote, ‘‘I am thankful for your dedi- today on motions to suspend the rules tleman from Georgia? cation, courage, and professionalism as on which a recorded vote or the yeas There was no objection. we rebuild in Austin. And as you con- and nays are ordered, or on which the Mr. LEWIS of Georgia. Madam tinue your work, we will do what is vote incurs objection under clause 6 of Speaker, I yield myself such time as I needed to ensure your safety. We are rule XX. may consume. grateful for your service to this coun- Record votes on postponed questions On February 18, the IRS family suf- try. May God bless you and the United will be taken later. fered a terrible tragedy. I rise today to States of America.’’ Madam Speaker, I reserve the bal- f express my deepest sympathies to the families of Vernon Hunter, Shane Hill, ance of my time. EXPRESSING CONCERN ABOUT SUI- and the employees at the IRS in Aus- b 1330 CIDE PLANE ATTACK ON IRS EM- tin, Texas. We as a Nation and as a PLOYEES IN AUSTIN, TEXAS Mr. LEWIS of Georgia. Madam people are much better than this. We Speaker, I’m pleased to yield such time Mr. LEWIS of Georgia. Madam should be better to each other. This as he may consume to my colleague Speaker, I move to suspend the rules type of attack is just wrong, and we and my friend, the distinguished gen- and agree to the resolution (H. Res. must not tolerate violence against our tleman from Texas (Mr. DOGGETT), a 1127) expressing concern regarding the public servants. member of the Ways and Means Com- suicide plane attack on Internal Rev- I understand that people may not mittee and a sponsor of the resolution. enue Service employees in Austin, like to pay their taxes, but we cannot Mr. DOGGETT. I thank the gen- Texas. take out our anger on IRS employees. tleman from Georgia and the gen- The Clerk read the title of the resolu- They do not deserve this. The people tleman from Louisiana for their impor- tion. who work at the Internal Revenue tant comments. The recent suicide at- The text of the resolution is as fol- Service are mothers and fathers and tack in my hometown of Austin, Texas, lows: brothers and sisters who work hard on an IRS building was a horrible trag- H. RES. 1127 each and every day. They do their jobs, edy. I authored this resolution to Whereas all Federal employees, and those and they do them well. They perform a honor those who were victims, to rec- from the Internal Revenue Service in par- public service that benefits the entire ognize the courage that was displayed ticular, have experienced a terrible tragedy Nation. This Congress is committed to by so many that day, and to condemn in the suicide plane attack on February 18, the safety of each and every person such cowardly acts of violence. 2010; who serves this Nation. Seeing that building aflame after Whereas Vernon Hunter, who lost his life I want to thank the IRS Commis- this premeditated suicide attack which in the terror attack, had 48 years of public service, including 20 years of serving in the sioner for the steps he has taken to en- was, in the words of Austin Mayor Lee United States Army and 2 tours in Vietnam; hance security at all IRS sites around Leffingwell, ‘‘perpetrated in rage with- Whereas Federal, State, and local officials the country. We will continue to make out any regard for the sanctity of have cooperated to respond promptly and sure that the Internal Revenue Service human life,’’ I was just amazed that professionally to the attack and provide as- has the resources to improve security not more of our neighbors were sistance to Internal Revenue Service victims at its offices. harmed. In large measure, this was the and families affected by the crash; and I was moved by the many stories of result of the valor and professionalism Whereas Federal employees, from the people who reached out and helped amidst the flames and the chaos of the Armed Forces to the Internal Revenue Serv- ice, serve their Nation with honor and com- each other during this terrible tragedy. Federal workers, others who came mitment, and perform public service that Even in the face of chaos and violence, upon the scene, and our local first re- benefits the entire Nation: Now, therefore, people reached out and helped each sponders. be it other. First responders, emergency per- Leaders of these well-trained profes- Resolved, That the House of Representa- sonnel, employees, and other citizens sionals who rose to the call of duty tives— showed great courage and compassion that day include our Austin Police (1) strongly condemns the terror attack to minimize the loss of life. I thank Chief, Art Acevedo; our Fire Chief, perpetrated deliberately against Federal em- them all and honor them today. Rhoda Mae Kerr; our EMS Director, ployees of the Internal Revenue Service in Madam Speaker, I reserve the bal- Ernie Rodriguez; and Travis County Austin, Texas; (2) honors Vernon Hunter, a victim of the ance of my time. HAZMAT Chief, Gary Warren who, crash, Shane Hill, who suffered severe inju- Mr. BOUSTANY. Madam Speaker, I with the Westlake Fire Department, ries, and all those who were injured for their yield myself such time as I might con- was fortunately near the site of the at- service to our Nation; sume. tack and raced into action. And I know

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.034 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1044 CONGRESSIONAL RECORD — HOUSE March 3, 2010 that the neighboring Grace Covenant Statesman reported about another pathy for the attacker’s family. These Church has already offered support and local agent’s necessary care in opening moving words of peace reflect the solace for many following the attack. mail filled with razor blades and power of their own faith and the This resolution also recognizes Robin pushpins, about last year’s phony an- strength of spirit, both of the Hunter De Haven. Robin, an Iraqi veteran and thrax attack on another Austin IRS family and the Greater Mount Zion a technician with Binswanger Glass, building and an earlier plot to blow up Baptist Church family, led by Reverend was driving by and was one of the first another Austin IRS building. Each Gaylon Clark. Vern, his life and his to rush to the scene as he saw the at- year, the Treasury Inspector General family are a testament about what is tack. Without a moment’s hesitation, for Tax Administration, which oversees best in our country. In him, we have he stopped his truck, got out his lad- the IRS, investigates more than 900 lost a true American hero. der, and despite the fire, the heat, the threats against IRS employees, includ- Today I respectfully ask that my col- smoke and the chaos, he rescued em- ing violence. leagues join in adopting this resolution ployees from the second floor of the Let me be clear: I’m not here today to honor him, the other victims, the building. to glorify the IRS. I’m here to condemn employees, and the rescuers and to re- As the saying goes, ‘‘it’s easy to be unequivocally through this resolution nounce violence against those who are brave from a distance,’’ but Robin those who would glorify violence serving our country. showed his bravery close up, very close against our public employees who are Mr. BOUSTANY. Madam Speaker, up, and in doing so, he helped many properly conducting their duties in now I would like to yield such time as people escape injury. Last week he be- service to our Nation. he may consume to the gentleman came the first Austinite to receive a There are many who will long bear from Texas (Mr. MCCAUL) in whose dis- ‘‘challenge coin,’’ recognizing his quick the emotional scars from this attack, trict this tragic event occurred. thinking and courage from all three of and some still cope with the physical Mr. MCCAUL. I thank the gentleman the city’s public safety organizations. burdens. I want especially to recognize for yielding. And I thank the gen- There is the spirit and courage of the Shane Hill, a 5-year investigator with tleman from Austin, Mr. DOGGETT, for Austin IRS employees, whose calm and the Texas State Comptroller’s office introducing this resolution. We share orderly evacuation saved lives. They who happened to be in the building Austin, and we share in our grief and were recognized by the prompt visit of that day and now with his family faces share in these tragic events that oc- IRS Commissioner Doug Shulman, a very long physical recovery. curred on February 18. I was in Austin. Treasury Secretary Geithner, and Col- Vernon Hunter has been mentioned. I was driving, and I saw a bunch of leen Kelley, the president of the Na- Known by his friends as Vern, he lost smoke coming out of some Federal tional Treasury Employees Union, who his life in this senseless attack. At his buildings where I used to work with heard firsthand what these employees funeral last Friday, he was described as the Joint Terrorism Task Force and experienced. the type of man who always woke up the FBI, right next door to the IRS Frankly, all in the building that day with a smile, always wanted to help building. I called the police chief that day, and were heroes, and we cannot know the others, and as a Texan, never left home I said, What happened? Police Chief names of all who acted with courage. without his cowboy hat. Coming from a Acevedo said that a plane had flown But a few stories that were shared with family dedicated to uniformed service, into the Federal building, and I said, me by the employees I think are typ- he served in the U.S. Army for over Well, do you know if it was an acci- ical: Alfredo Valdespino, who guided two decades, which included two tours dent? He said, No, Congressman, it was employees out of the building and then of duty in Vietnam. His four brothers intentional. And at that point in time, ran back inside to offer more help. Also and a son all served in the United we knew that this was not just some returning to help a missing colleague States military, as does his son-in-law accidental mishap, airplane getting off was Richard Lee. David Irving carried today who is actively serving in the course, mechanical problems, but rath- a disabled coworker down the stairs United States Navy. After retiring er an intentional act of violence. and out of the building on his back. from the Army, he continued that serv- What I saw at the scene was quite as- Armando Valdez, Jr., and Deborah ice to his country for almost three dec- tounding, and I’m sure the gentleman Fleming yelled to other employees, ades with the Internal Revenue Serv- from Austin saw it as well. The air- ‘‘Follow my voice,’’ as they guided ice, where his wife Valerie has also plane was a rather small aircraft, yet them away from falling through the worked. the damage that was done was massive, gaping holes in the floor. Andrew The gentleman from Georgia is a par- almost bringing the entire Federal Jacobson and Morgan Johnson broke ticularly appropriate person to present building down. As it was in flames that out a window and allowed employees to this resolution today because after liv- fateful day, it reminded me a bit of climb out through Robin De Haven’s ing through a life of segregation in Oklahoma City. It also looked like a ladder. South Carolina, Vern was present that sort of smaller version of 9/11. As the That tragic day, even as work contin- day, JOHN LEWIS, when you along with flames went up, as the glass blew out, ued at the scene, however, after this Dr. Martin Luther King spoke down a technician by the name of Robin De deadly assault on Federal employees, a The Mall here in the famous ‘‘I Have a Haven, probably one of the great he- Facebook page was created that lauded Dream’’ speech and the celebration at roes that day, removed glass from the the killer. This response to violence is the Lincoln Memorial. His dream, he back side of the building and saved five deplorable. Intense debate as we have saw in his service to his country employees of the IRS. here on this floor about our Tax Code through the Army and through the In- Our thoughts and prayers go to the is appropriate. That’s what we do here ternal Revenue Service, was a dream Hunter family. Vernon Hunter served in Congress and in gatherings across rooted in freedom and justice; and 45 his country and served in the IRS. He the country. There are many tax provi- years after that speech, Vernon was also served in the United States Army sions that I have personally criticized able to witness America’s progress for 20 years. His office was right above in the strongest terms, and at times I when he himself served as a delegate where the airplane crashed into that have also criticized the way the IRS for President Obama. building. The plane literally skipped has administered the Tax Code. But to Dr. Martin Luther King once said: off the top of a car and went into the demonize and harm public servants ‘‘The quality, not the longevity, of first floor of the building in an inten- who are serving our country at the IRS one’s life is what is important.’’ Be- tional act to kill people. while praising a murderer or anyone cause Vern Hunter cared enough to And I was asked a question at the else who would do them harm is out- make a difference, Austin and this Na- press conference with the police chief rageous. tion that he loved so much and served and the fire department, Well, Con- Nor is such misconduct unique to his whole life was made better. In a re- gressman, was this an act of terrorism? this tragedy. According to the Wall markable statement at a moment of Well, I guess it’s all how you define Street Journal, the number of threats such great pain, the Hunter family ex- ‘‘act of terrorism.’’ But what I said against IRS employees are on the rise. pressed its personal forgiveness of the was, Anytime somebody flies an air- Just this week, the Austin American- suicide attacker and expressed sym- plane intentionally into a Federal

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.036 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1045 building to kill people, I think that is The patriots were working in the [Roll No. 78] an act of terror. And if you ask the building that day, not working to kill YEAS—228 Federal employees that day what they public servants. The heroes were people Ackerman Hall (NY) Ortiz thought, well, they certainly thought like Vern Hunter who were doing their Adler (NJ) Halvorson Owens it was an act of terror as well. We need job on behalf of their country, not try- Altmire Hare Pallone to stop this in this country. We need to ing to destroy their fellow human Andrews Harman Pascrell Arcuri Hastings (FL) Pastor (AZ) stop this. beings. Baca Heinrich Payne The heroism on the part of the Aus- I believe we must turn down the vol- Baird Higgins Perlmutter tin Police Department, the fire depart- ume on hate if we are to avoid reoccur- Baldwin Himes Perriello ment, the FBI and the first responders rence of such baseless terror attacks. Barrow Hinchey Peters Bean Hirono Peterson in responding to this tragic scene and In our country, there is room for wide Becerra Hodes Pingree (ME) saving so many lives when we saw this and vigorous political discourse and Berkley Holden Polis (CO) massive destruction, the great miracle disagreement—our democracy thrives Berman Holt Pomeroy Berry Honda that day was that more people were on it—but there is no room for violence Price (NC) Bishop (GA) Hoyer Quigley Bishop (NY) Inslee not killed. Those first responders saved or the dangerous incitement to vio- Rahall Blumenauer Israel countless lives, and we owe them a lence. We get change through the bal- Rangel Boccieri Jackson (IL) Reyes debt of gratitude for their great, great lot box, not by bullets, not by suicide Boren Johnson (GA) Richardson service to not only the city of Austin airplane attacks. Let us speak today Boswell Johnson, E. B. Rodriguez Boucher Kagen but to the American people. with one strong, unequivocal voice re- Ross So with that, let me again thank the nouncing this attack. We reject the Boyd Kanjorski Brady (PA) Kaptur Rothman (NJ) gentleman from Austin for introducing path of hate, and we reject the call to Braley (IA) Kennedy Roybal-Allard this resolution. It’s very timely. We do violence. Brown, Corrine Kildee Ruppersberger share that city together. We work well Butterfield Kilpatrick (MI) Rush The SPEAKER pro tempore. The Ryan (OH) together, and I think, again, we share Capps Kilroy question is on the motion offered by Capuano Kind Salazar the grief of the loss. We share the trag- the gentleman from Georgia (Mr. Cardoza Kissell Sa´ nchez, Linda ic event, and we also share the belief LEWIS) that the House suspend the Carnahan Klein (FL) T. that this was really an intentional act, rules and agree to the resolution, H. Carney Kosmas Sanchez, Loretta Carson (IN) Kucinich Sarbanes an act of terror that we need to stop in Res. 1127. Castor (FL) Langevin Schakowsky this country. The question was taken. Chandler Larsen (WA) Schauer Mr. BOUSTANY. Madam Speaker, I The SPEAKER pro tempore. In the Chu Larson (CT) Schiff have no further requests for time, and Clarke Lee (CA) Schrader opinion of the Chair, two-thirds being Clay Levin Schwartz I yield back the balance of my time. in the affirmative, the ayes have it. Cleaver Lewis (GA) Scott (GA) Mr. LEWIS of Georgia. Having no Mr. DOGGETT. Madam Speaker, on Clyburn Lipinski Scott (VA) further requests for time, Madam that I demand the yeas and nays. Cohen Loebsack Sestak Speaker, I yield the balance of my time Connolly (VA) Lofgren, Zoe Shea-Porter The yeas and nays were ordered. Conyers Lowey Sherman to the gentleman from Texas to close. The SPEAKER pro tempore. Pursu- Cooper Luja´ n Sires Mr. DOGGETT. I thank both gentle- ant to clause 8 of rule XX and the Costa Lynch Skelton men. I want to applaud the remarks of Costello Maffei Slaughter Chair’s prior announcement, further Courtney Maloney my colleague Mr. MCCAUL, both the re- Smith (WA) proceedings on this motion will be Crowley Markey (CO) Snyder marks that he made here today and the postponed. Cuellar Markey (MA) Space remarks that he made on the afternoon Cummings Marshall Speier f Davis (CA) Massa Spratt of this tragedy, under what I know was Davis (IL) Matheson a very stressful situation. Stark ANNOUNCEMENT BY THE SPEAKER Davis (TN) Matsui Stupak DeFazio McCarthy (NY) PRO TEMPORE Sutton b 1345 DeGette McCollum Tanner The SPEAKER pro tempore. Pursu- Delahunt McDermott I believe that we share a common Teague DeLauro McGovern ant to clause 8 of rule XX, proceedings Thompson (CA) purpose here. No one was looking to Dicks McIntyre will resume on questions previously Thompson (MS) see which party, a member of the IRS Dingell McNerney was that day, or what part of the City postponed. Doggett Meek (FL) Tierney Votes will be taken in the following Doyle Meeks (NY) Titus of Austin. It affected our entire com- Tonko order: Edwards (MD) Melancon munity. I had not used the term ear- Edwards (TX) Michaud Towns lier, but I must say I also agree with adoption of H. Res. 1126, by the yeas Engel Miller (NC) Tsongas his conclusion that like the much larg- and nays; Etheridge Miller, George Van Hollen motion to suspend the rules on H. Farr Minnick Vela´ zquez er-scale tragedy in Oklahoma City, this Visclosky Res. 747, by the yeas and nays; Fattah Mollohan was an act of domestic terrorism. But Filner Moore (KS) Walz let’s not quibble over the terms; it was motion to suspend the rules on H. Foster Moore (WI) Waters the harm that was done and the pro- Res. 1096, de novo. Frank (MA) Moran (VA) Watson The first electronic vote will be con- Fudge Murphy (CT) Watt motion of that harm and violence. Gonzalez Murphy, Patrick Waxman There is nothing noble about terror. ducted as a 15-minute vote. Remaining Gordon (TN) Nadler (NY) Weiner Any expression to the contrary de- electronic votes will be conducted as 5- Grayson Neal (MA) Welch minute votes. Green, Al Nye Wilson (OH) serves our condemnation. Green, Gene Oberstar Woolsey As I read the statement that the f Grijalva Obey Wu pilot put up on his website, which was Gutierrez Olver Yarmuth a rather confusing diatribe, I noticed PROVIDING FOR CONSIDERATION NAYS—184 particularly his quotation, ‘‘violence OF H.R. 4247, PREVENTING HARM- not only is the answer, it is the only FUL RESTRAINT AND SECLUSION Aderholt Boozman Carter IN SCHOOLS ACT Akin Boustany Cassidy answer,’’ and in response almost imme- Alexander Brady (TX) Castle diately, some folks set up a Facebook The SPEAKER pro tempore. The un- Austria Bright Chaffetz page and called themselves ‘‘fans’’ of finished business is the vote on adop- Bachmann Broun (GA) Childers Bachus Brown (SC) Coble this suicide attacker. Sporting a tion of House Resolution 1126, on which Bartlett Brown-Waite, Coffman (CO) ‘‘Don’t Tread on Me’’ flag, the so-called the yeas and nays were ordered. Barton (TX) Ginny Cole ‘‘fan page’’ to the murderer misappro- The Clerk read the title of the resolu- Biggert Buchanan Conaway Bilbray Burgess Crenshaw priated Thomas Jefferson’s famous tion. Bilirakis Burton (IN) Culberson words that ‘‘the tree of liberty must be The SPEAKER pro tempore. The Bishop (UT) Buyer Davis (KY) refreshed from time to time with the question is on the resolution. Blackburn Calvert Dent blood of patriots and tyrants.’’ This The vote was taken by electronic de- Blunt Camp Diaz-Balart, L. Boehner Cantor Diaz-Balart, M. resolution soundly rejects, in a bipar- vice, and there were—yeas 228, nays Bonner Cao Donnelly (IN) tisan manner, such appalling tributes. 184, not voting 19, as follows: Bono Mack Capito Dreier

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.029 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1046 CONGRESSIONAL RECORD — HOUSE March 3, 2010 Driehaus Lamborn Putnam SHALL) that the House suspend the Melancon Putnam Skelton Duncan Lance Radanovich rules and agree to the resolution, H. Mica Quigley Slaughter Ehlers Latham Rehberg Michaud Radanovich Smith (NE) Ellsworth LaTourette Reichert Res. 747. Miller (FL) Rahall Smith (NJ) Emerson Latta Roe (TN) This will be a 5-minute vote. Miller (MI) Rangel Smith (TX) Flake Lee (NY) Rogers (AL) The vote was taken by electronic de- Miller (NC) Rehberg Smith (WA) Fleming Lewis (CA) Rogers (KY) Miller, Gary Reichert Snyder Forbes Linder Rogers (MI) vice, and there were—yeas 416, nays 0, Miller, George Reyes Souder Fortenberry LoBiondo Minnick Richardson Space Rohrabacher not voting 15, as follows: Foxx Lucas Mitchell Rodriguez Speier Rooney Franks (AZ) Luetkemeyer [Roll No. 79] Mollohan Roe (TN) Spratt Ros-Lehtinen Frelinghuysen Lummis YEAS—416 Moore (KS) Rogers (AL) Stark Gallegly Lungren, Daniel Roskam Moore (WI) Rogers (KY) Stearns Garrett (NJ) E. Royce Ackerman Courtney Hoyer Moran (KS) Rogers (MI) Stupak Gerlach Mack Ryan (WI) Aderholt Crenshaw Hunter Moran (VA) Rohrabacher Sutton Giffords Manzullo Scalise Adler (NJ) Crowley Inglis Murphy (CT) Rooney Tanner Gingrey (GA) Marchant Schmidt Akin Cuellar Inslee Murphy (NY) Ros-Lehtinen Taylor Gohmert McCarthy (CA) Schock Alexander Culberson Israel Murphy, Patrick Roskam Teague Goodlatte McCaul Sensenbrenner Altmire Cummings Issa Murphy, Tim Ross Terry Granger McClintock Sessions Andrews Davis (CA) Jackson (IL) Myrick Rothman (NJ) Thompson (CA) Graves McCotter Shadegg Arcuri Davis (IL) Jenkins Nadler (NY) Roybal-Allard Thompson (MS) Griffith McHenry Shimkus Austria Davis (KY) Johnson (GA) Napolitano Royce Thompson (PA) Guthrie McKeon Shuler Baca Davis (TN) Johnson (IL) Neal (MA) Ruppersberger Thornberry Hall (TX) McMorris Shuster Bachmann DeFazio Johnson, E. B. Neugebauer Rush Tiahrt Bachus Harper Rodgers Simpson DeGette Johnson, Sam Nunes Ryan (OH) Tiberi Baird Delahunt Jones Hastings (WA) Mica Smith (NE) Nye Ryan (WI) Tierney Baldwin DeLauro Jordan (OH) Heller Miller (FL) Smith (NJ) Oberstar Salazar Titus Barrow Dent Kagen Hensarling Miller (MI) Smith (TX) Obey Sa´ nchez, Linda Tonko Bartlett Diaz-Balart, L. Kanjorski Herger Miller, Gary Souder Olson T. Towns Herseth Sandlin Mitchell Barton (TX) Diaz-Balart, M. Kaptur Olver Sanchez, Loretta Tsongas Stearns Bean Dicks Kennedy Hill Moran (KS) Taylor Ortiz Sarbanes Upton Hunter Murphy (NY) Becerra Dingell Kildee Owens Scalise Van Hollen Terry Inglis Murphy, Tim Berkley Doggett Kilpatrick (MI) Pallone Schakowsky Vela´ zquez Thompson (PA) Issa Myrick Berman Donnelly (IN) Kilroy Pascrell Schauer Visclosky Thornberry Jenkins Neugebauer Berry Doyle Kind Pastor (AZ) Schiff Walden Tiahrt Johnson (IL) Nunes Biggert Dreier King (IA) Paul Schmidt Walz Johnson, Sam Olson Tiberi Bilbray Driehaus King (NY) Paulsen Schock Waters Jones Paul Upton Bilirakis Duncan Kingston Payne Schrader Watson Jordan (OH) Paulsen Walden Bishop (GA) Edwards (MD) Kirk Pence Schwartz Watt King (IA) Pence Westmoreland Bishop (NY) Edwards (TX) Kirkpatrick (AZ) Perlmutter Scott (GA) Waxman King (NY) Petri Whitfield Bishop (UT) Ehlers Kissell Perriello Scott (VA) Weiner Kingston Pitts Wilson (SC) Blackburn Ellison Klein (FL) Peters Sensenbrenner Welch Kirk Platts Wittman Blumenauer Ellsworth Kline (MN) Peterson Serrano Westmoreland Kirkpatrick (AZ) Poe (TX) Wolf Blunt Emerson Kosmas Petri Sessions Whitfield Kline (MN) Posey Young (AK) Boccieri Engel Kratovil Pingree (ME) Sestak Wilson (OH) Kratovil Price (GA) Young (FL) Boehner Eshoo Kucinich Pitts Shadegg Wilson (SC) Bonner Etheridge Lamborn Platts Shea-Porter Wittman NOT VOTING—19 Bono Mack Farr Lance Poe (TX) Sherman Wolf Barrett (SC) Fallin Napolitano Boozman Fattah Langevin Polis (CO) Shimkus Woolsey Campbell Garamendi Serrano Boren Filner Larsen (WA) Pomeroy Shuler Wu Dahlkemper Hinojosa Sullivan Boswell Flake Larson (CT) Posey Shuster Yarmuth Davis (AL) Hoekstra Turner Boucher Fleming Latham Price (GA) Simpson Young (AK) Deal (GA) Jackson Lee Wamp Boustany Forbes LaTourette Price (NC) Sires Young (FL) Ellison (TX) Wasserman Boyd Fortenberry Latta Eshoo McMahon Schultz Brady (PA) Foster Lee (CA) NOT VOTING—15 Brady (TX) Foxx Lee (NY) Barrett (SC) Fallin Sullivan Braley (IA) Frank (MA) Levin b 1416 Butterfield Garamendi Turner Bright Franks (AZ) Lewis (CA) Campbell Hinojosa Wamp Messrs. ROGERS of Alabama and Broun (GA) Frelinghuysen Lewis (GA) Dahlkemper Hoekstra Brown (SC) Fudge Linder Wasserman CHILDERS changed their vote from Davis (AL) Jackson Lee Schultz ‘‘yea’’ to ‘‘nay.’’ Brown, Corrine Gallegly Lipinski Deal (GA) (TX) Brown-Waite, Garrett (NJ) LoBiondo So the resolution was agreed to. Ginny Gerlach Loebsack ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Buchanan Giffords Lofgren, Zoe The SPEAKER pro tempore (during as above recorded. Burgess Gingrey (GA) Lowey Burton (IN) Gohmert Lucas the vote). There are 2 minutes remain- A motion to reconsider was laid on Buyer Gonzalez Luetkemeyer ing in this vote. the table. Calvert Goodlatte Luja´ n Stated for: Camp Gordon (TN) Lummis b 1425 Cantor Granger Lungren, Daniel C Mr. M MAHON. Madam Speaker, on rollcall Cao Graves E. So (two-thirds being in the affirma- No. 78, had I been present, I would have Capito Grayson Lynch tive) the rules were suspended and the voted ‘‘yes.’’ Capps Green, Al Mack resolution was agreed to. Ms. ESHOO. Madam Speaker, I was not Capuano Green, Gene Maffei The result of the vote was announced Cardoza Griffith Maloney present during rollcall vote No. 78 on March 3, Carnahan Grijalva Manzullo as above recorded. 2010. I would like the RECORD to reflect how Carney Guthrie Marchant A motion to reconsider was laid on I would have voted: Carson (IN) Gutierrez Markey (CO) the table. Carter Hall (NY) Markey (MA) On rollcall vote No. 78, I would have voted Cassidy Hall (TX) Marshall f ‘‘yes.’’ Castle Halvorson Massa CENSUS AWARENESS MONTH f Castor (FL) Hare Matheson Chaffetz Harman Matsui The SPEAKER pro tempore (Mr. Chandler Harper McCarthy (CA) CONGRATULATING UNITED SALAZAR). The unfinished business is STATES MILITARY ACADEMY AT Childers Hastings (FL) McCarthy (NY) Chu Hastings (WA) McCaul the question on suspending the rules WEST POINT Clarke Heinrich McClintock and agreeing to the resolution, H. Res. The SPEAKER pro tempore. The un- Clay Heller McCollum 1096, as amended. Cleaver Hensarling McCotter finished business is the vote on the mo- Clyburn Herger McDermott The Clerk read the title of the resolu- tion to suspend the rules and agree to Coble Herseth Sandlin McGovern tion. the resolution, H. Res. 747, on which Coffman (CO) Higgins McHenry The SPEAKER pro tempore. The Cohen Hill McIntyre the yeas and nays were ordered. Cole Himes McKeon question is on the motion offered by The Clerk read the title of the resolu- Conaway Hinchey McMahon the gentleman from Massachusetts tion. Connolly (VA) Hirono McMorris (Mr. LYNCH) that the House suspend The SPEAKER pro tempore. The Conyers Hodes Rodgers the rules and agree to the resolution, Cooper Holden McNerney question is on the motion offered by Costa Holt Meek (FL) H. Res. 1096, as amended. the gentleman from Georgia (Mr. MAR- Costello Honda Meeks (NY) The question was taken.

VerDate Nov 24 2008 01:22 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.007 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1047 The SPEAKER pro tempore. In the Matsui Peterson Shuler The SPEAKER pro tempore. The gen- opinion of the Chair, two-thirds being McCarthy (CA) Petri Shuster tleman will state his parliamentary in- McCarthy (NY) Pingree (ME) Simpson in the affirmative, the ayes have it. McCaul Pitts Sires quiry. RECORDED VOTE McClintock Platts Skelton Mr. CARTER. Mr. Speaker, the gen- McCollum Poe (TX) Slaughter tleman from New York (Mr. RANGEL) Mr. CONNOLLY of Virginia. Mr. McCotter Polis (CO) Smith (NE) submitted a letter to the Speaker of Speaker, I demand a recorded vote. McDermott Posey Smith (NJ) the House, Nancy PELOSI, that states, A recorded vote was ordered. McGovern Price (GA) Smith (TX) McHenry Price (NC) Smith (WA) ‘‘I request leave of absence from my The SPEAKER pro tempore. This is a McIntyre Putnam Snyder duties and responsibilities as chairman McKeon Quigley 5-minute vote. Souder of the Committee on Ways and Means McMahon Radanovich The vote was taken by electronic de- Space McMorris Rahall until such time as the Committee on Speier vice, and there were—ayes 409, noes 1, Rodgers Rangel Standards completes its finding on the answered ‘‘present’’ 1, not voting 20, as McNerney Rehberg Spratt Stark review currently underway.’’ follows: Meek (FL) Reichert This morning, that letter to the Meeks (NY) Reyes Stearns [Roll No. 80] Melancon Richardson Stupak Speaker was read into the proceedings, AYES—409 Mica Rodriguez Sutton and at that time the Speaker pro tem, Michaud Roe (TN) Tanner Ms. SCHAKOWSKY, in accepting the let- Ackerman Connolly (VA) Hensarling Miller (FL) Rogers (AL) Taylor ter stated, ‘‘The resignation is accept- Aderholt Conyers Herger Miller (MI) Rogers (KY) Teague Adler (NJ) Cooper Herseth Sandlin Miller (NC) Rogers (MI) Terry ed.’’ Akin Costa Higgins Miller, Gary Rohrabacher Thompson (CA) I have a parliamentary inquiry re- Alexander Costello Hill Miller, George Rooney Thompson (MS) garding the nature of the resignation. Altmire Courtney Himes Minnick Ros-Lehtinen Thompson (PA) Under this morning’s procedure, is Mr. Andrews Crenshaw Hinchey Mitchell Roskam Thornberry Arcuri Crowley Hirono RANGEL the chairman of the Com- Mollohan Ross Tiahrt Austria Cuellar Hodes Moore (KS) Rothman (NJ) Tiberi mittee on Ways and Means? Baca Culberson Holden Moore (WI) Roybal-Allard Tierney The SPEAKER pro tempore. This Bachmann Cummings Holt Moran (KS) Royce Titus Bachus Davis (CA) Honda morning, the House accepted the res- Moran (VA) Ruppersberger Tonko Baird Davis (IL) Hoyer Murphy (CT) Rush ignation of the gentleman from New Baldwin Davis (KY) Hunter Towns Murphy (NY) Ryan (OH) Tsongas York as chair of the Committee on Barrow Davis (TN) Inglis Murphy, Patrick Ryan (WI) Ways and Means. He has resigned from Bartlett DeFazio Inslee Upton Murphy, Tim Salazar Van Hollen the chairmanship of the Committee on Barton (TX) DeGette Israel Myrick Sa´ nchez, Linda Vela´ zquez Bean Delahunt Issa Nadler (NY) T. Ways and Means. Visclosky Becerra DeLauro Jackson (IL) Napolitano Sanchez, Loretta Mr. CARTER. So does that mean the Walden Berkley Dent Jenkins Neal (MA) Sarbanes Walz answer is no, he is not the chairman? Berman Diaz-Balart, L. Johnson (GA) Neugebauer Scalise Berry Diaz-Balart, M. Johnson (IL) Waters The SPEAKER pro tempore. That is Nunes Schakowsky correct. Biggert Dicks Johnson, E. B. Nye Schauer Watson Bilirakis Dingell Johnson, Sam Oberstar Schiff Watt Mr. CARTER. Further parliamentary Bishop (GA) Doggett Jones Obey Schmidt Waxman inquiry, under House rule X, clause Bishop (NY) Donnelly (IN) Jordan (OH) Olson Schock Weiner 5(c), which states, ‘‘In the absence of Blackburn Doyle Kagen Welch Olver Schrader the member serving as chair, the mem- Blumenauer Dreier Kanjorski Ortiz Schwartz Westmoreland Blunt Driehaus Kaptur Owens Scott (GA) Whitfield ber next in rank (and so on, as often as Boccieri Duncan Kennedy Pallone Scott (VA) Wilson (OH) the case shall happen) shall act as Boehner Edwards (MD) Kildee Pascrell Sensenbrenner Wilson (SC) chair.’’ Bonner Edwards (TX) Kilpatrick (MI) Pastor (AZ) Serrano Wittman Mr. Speaker, under the rules of the Bono Mack Ehlers Kilroy Paulsen Sessions Wolf Boozman Ellison Kind Payne Sestak Woolsey House, who is currently the chair of Boren Ellsworth King (IA) Pence Shadegg Wu the Committee on Ways and Means? Boswell Emerson King (NY) Perlmutter Shea-Porter Yarmuth The SPEAKER pro tempore. In the Boucher Engel Kirk Perriello Sherman Young (AK) case to which the inquiry alludes, the Boustany Eshoo Kirkpatrick (AZ) Peters Shimkus Young (FL) Boyd Etheridge Kissell member of the committee next in rank Brady (PA) Farr Klein (FL) NOES—1 is the gentleman from California (Mr. Brady (TX) Fattah Kline (MN) Paul STARK), so he would currently act as Braley (IA) Filner Kosmas Bright Flake Kratovil ANSWERED ‘‘PRESENT’’—1 chair. Broun (GA) Fleming Kucinich Mr. CARTER. Mr. Speaker, further Bishop (UT) Brown (SC) Forbes Lamborn parliamentary inquiry, under House Brown, Corrine Fortenberry Lance NOT VOTING—20 Resolution 24, the gentleman from Buchanan Foster Langevin Burgess Foxx Larsen (WA) Barrett (SC) Fallin Linder California (Mr. STARK) ranks next after Burton (IN) Frank (MA) Larson (CT) Bilbray Garamendi Pomeroy Mr. RANGEL on the resolution electing Butterfield Franks (AZ) Latham Brown-Waite, Gohmert Sullivan the members of the committee. Under Buyer Frelinghuysen LaTourette Ginny Hinojosa Turner that resolution and by operation of Calvert Fudge Latta Campbell Hoekstra Wamp Camp Gallegly Lee (CA) Dahlkemper Jackson Lee Wasserman House rule X, clause 5(c), Mr. STARK is Cantor Garrett (NJ) Lee (NY) Davis (AL) (TX) Schultz currently the chairman of Ways and Cao Gerlach Levin Deal (GA) Kingston Means as I understand the answer. Is Capito Giffords Lewis (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that correct? Capps Gingrey (GA) Lewis (GA) Capuano Gonzalez Lipinski The SPEAKER pro tempore (during The SPEAKER pro tempore. The gen- Cardoza Goodlatte LoBiondo the vote). There are 2 minutes remain- tleman from California is acting chair. Carnahan Gordon (TN) Loebsack ing in this vote. Clause 5(c) of rule X contemplates that Carney Granger Lofgren, Zoe the House will again establish an elect- Carson (IN) Graves Lowey Carter Grayson Lucas b 1435 ed chair by adopting a resolution, Cassidy Green, Al Luetkemeyer So (two-thirds being in the affirma- which typically is produced by direc- ´ Castle Green, Gene Lujan tive) the rules were suspended and the tion of the majority party caucus. Castor (FL) Griffith Lummis Mr. CARTER. Further parliamentary Chaffetz Grijalva Lungren, Daniel resolution, as amended, was agreed to. inquiry, in light of Mr. RANGEL’s letter Chandler Guthrie E. The result of the vote was announced to the Speaker, which states in rel- Childers Gutierrez Lynch as above recorded. Chu Hall (NY) Mack evant part that he requests a leave of A motion to reconsider was laid on Clarke Hall (TX) Maffei absence, does reinstating the gen- Clay Halvorson Maloney the table. Cleaver Hare Manzullo tleman from New York (Mr. RANGEL) to Clyburn Harman Marchant f the chairmanship of the Committee on Coble Harper Markey (CO) Ways and Means require, as a nec- Coffman (CO) Hastings (FL) Markey (MA) PARLIAMENTARY INQUIRIES essary action, the adopting of a resolu- Cohen Hastings (WA) Marshall Cole Heinrich Massa Mr. CARTER. Mr. Speaker, I have a tion by the full House of Representa- Conaway Heller Matheson parliamentary inquiry. tives electing him as chair?

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.034 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1048 CONGRESSIONAL RECORD — HOUSE March 3, 2010 The SPEAKER pro tempore. The gen- (6) Children are subjected to physical restraint term in section 595(d)(1) of the Public Health tleman is stating a hypothetical. The and seclusion at higher rates than adults. Phys- Service Act (42 U.S.C. 290jj(d)(1)), except that Chair will not comment. ical restraint which restricts breathing or causes the meaning shall be applied by substituting Mr. CARTER. Final parliamentary other body trauma, as well as seclusion in the ‘‘student’s’’ for ‘‘resident’s’’. (6) PARENT.—The term ‘‘parent’’ has the inquiry, under House rule X, clause 5, absence of continuous face-to-face monitoring, have resulted in the deaths of children in meaning given the term in section 9101(31) of the does Mr. STARK assume the chairman- schools. Elementary and Secondary Education Act of ship of the Committee on Ways and (7) Children are protected from inappropriate 1965 (20 U.S.C. 7801(31)). Means immediately and without any physical restraint and seclusion in other set- (7) PHYSICAL ESCORT.—The term ‘‘physical es- further vote or ratification of the tings, such as hospitals, health facilities, and cort’’ has the meaning given the term in section House of Representatives? non-medical community-based facilities. Similar 595(d)(2) of the Public Health Service Act (42 The SPEAKER pro tempore. Mr. protections are needed in schools, yet such pro- U.S.C. 290jj(d)(2)), except that the meaning shall be applied by substituting ‘‘student’’ for STARK is acting chair. As the Chair tections must acknowledge the differences of the ‘‘resident’’. stated before, clause 5(c) of rule X con- school environment. (8) Research confirms that physical restraint (8) PHYSICAL RESTRAINT.—The term ‘‘physical templates that the House will again es- and seclusion are not therapeutic, nor are these restraint’’ has the meaning given the term in tablish an elected chair by adopting a practices effective means to calm or teach chil- section 595(d)(3) of the Public Health Service resolution, which typically is produced dren, and may have an opposite effect while si- Act (42 U.S.C. 290jj(d)(3)). by direction of the majority party cau- multaneously decreasing a child’s ability to (9) POSITIVE BEHAVIOR SUPPORTS.—The term cus. learn. ‘‘positive behavior supports’’ means a systematic approach to embed evidence-based practices and f (9) The effective implementation of school- wide positive behavior supports is linked to data-driven decisionmaking to improve school PREVENTING HARMFUL RE- greater academic achievement, significantly climate and culture, including a range of sys- STRAINT AND SECLUSION IN fewer disciplinary problems, increased instruc- temic and individualized strategies to reinforce SCHOOLS ACT tion time, and staff perception of a safer teach- desired behaviors and diminish reoccurrence of ing environment. problem behaviors, in order to achieve improved Mr. GEORGE MILLER of California. academic and social outcomes and increase SEC. 3. PURPOSES. Mr. Speaker, pursuant to House Reso- learning for all students, including those with The purposes of this Act are to— the most complex and intensive behavioral lution 1126, I call up the bill (H.R. 4247) (1) prevent and reduce the use of physical re- needs. to prevent and reduce the use of phys- straint and seclusion in schools; ical restraint and seclusion in schools, (10) PROTECTION AND ADVOCACY SYSTEM.—The (2) ensure the safety of all students and term ‘‘protection and advocacy system’’ means a and for other purposes, and ask for its school personnel in schools and promote a posi- protection and advocacy system established immediate consideration in the House. tive school culture and climate; under section 143 of the Developmental Disabil- The Clerk read the title of the bill. (3) protect students from— ities Assistance and Bill of Rights Act of 2000 (42 The SPEAKER pro tempore. Pursu- (A) physical or mental abuse; U.S.C. 15043). (B) aversive behavioral interventions that ant to House Resolution 1126, the bill is (11) SCHOOL.—The term ‘‘school’’ means an compromise health and safety; and entity— considered read. The amendment in the (C) any physical restraint or seclusion im- nature of a substitute printed in the (A) that— posed solely for purposes of discipline or con- (i) is a public or private— bill is adopted. venience; (I) day or residential elementary school or sec- The text of the bill, as amended, is as (4) ensure that physical restraint and seclu- ondary school; or follows: sion are imposed in school only when a stu- (II) early childhood, elementary school, or H.R. 4247 dent’s behavior poses an imminent danger of secondary school program that is under the ju- Be it enacted by the Senate and House of Rep- physical injury to the student, school personnel, risdiction of a school, educational service agen- resentatives of the United States of America in or others; and cy, or other educational institution or program; Congress assembled, (5) assist States, local educational agencies, and and schools in— (ii) receives, or serves students who receive, SECTION 1. SHORT TITLE. (A) establishing policies and procedures to support in any form from any program sup- This Act may be cited as the ‘‘Preventing keep all students, including students with the ported, in whole or in part, with funds appro- Harmful Restraint and Seclusion in Schools most complex and intensive behavioral needs, priated to the Department of Education; or Act’’. and school personnel safe; (B) that is a school funded or operated by the SEC. 2. FINDINGS. (B) providing school personnel with the nec- Department of the Interior. Congress finds the following: essary tools, training, and support to ensure the (12) SCHOOL PERSONNEL.—The term ‘‘school (1) Physical restraint and seclusion have re- safety of all students and school personnel; personnel’’ has the meaning— sulted in physical injury, psychological trauma, (C) collecting and analyzing data on physical (A) given the term in section 4151(10) of the and death to children in public and private restraint and seclusion in schools; and Elementary and Secondary Education Act of schools. National research shows students have (D) identifying and implementing effective 1965 (20 U.S.C. 7161(10)); and been subjected to physical restraint and seclu- evidence-based models to prevent and reduce (B) given the term ‘‘school resource officer’’ in sion in schools as a means of discipline, to force physical restraint and seclusion in schools. section 4151(11) of the Elementary and Sec- compliance, or as a substitute for appropriate ondary Education Act of 1965 (20 U.S.C. SEC. 4. DEFINITIONS. educational support. 7161(11)). In this Act: (2) Behavioral interventions for children must (13) SECONDARY SCHOOL.—The term ‘‘sec- (1) CHEMICAL RESTRAINT.—The term ‘‘chemical promote the right of all children to be treated ondary school’’ has the meaning given the term restraint’’ means a drug or medication used on with dignity. All children have the right to be in section 9101(38) of the Elementary and Sec- a student to control behavior or restrict freedom free from physical or mental abuse, aversive be- ondary Education Act of 1965 (20 U.S.C. of movement that is not— havioral interventions that compromise health 7801(38)). and safety, and any physical restraint or seclu- (A) prescribed by a licensed physician for the (14) SECLUSION.—The term ‘‘seclusion’’ has sion imposed solely for purposes of discipline or standard treatment of a student’s medical or the meaning given the term in section 595(d)(4) convenience. psychiatric condition; and of the Public Health Service Act (42 U.S.C. (3) Safe, effective, evidence-based strategies (B) administered as prescribed by the licensed 290jj(d)(4)). are available to support children who display physician. (15) SECRETARY.—The term ‘‘Secretary’’ means challenging behaviors in school settings. Staff (2) EDUCATIONAL SERVICE AGENCY.—The term the Secretary of Education. training focused on the dangers of physical re- ‘‘educational service agency’’ has the meaning (16) STATE-APPROVED CRISIS INTERVENTION straint and seclusion as well as training in evi- given such term in section 9101(17) of the Ele- TRAINING PROGRAM.—The term ‘‘State-approved dence-based positive behavior supports, de-esca- mentary and Secondary Education Act of 1965 crisis intervention training program’’ means a lation techniques, and physical restraint and se- (20 U.S.C. 7801(17)). training program approved by a State and the clusion prevention, can reduce the incidence of (3) ELEMENTARY SCHOOL.—The term ‘‘elemen- Secretary that, at a minimum, provides— injury, trauma, and death. tary school’’ has the meaning given the term in (A) evidence-based techniques shown to be ef- (4) School personnel have the right to work in section 9101(18) of the Elementary and Sec- fective in the prevention of physical restraint a safe environment and should be provided ondary Education Act of 1965 (20 U.S.C. and seclusion; training and support to prevent injury and 7801(18)). (B) evidence-based techniques shown to be ef- trauma to themselves and others. (4) LOCAL EDUCATIONAL AGENCY.—The term fective in keeping both school personnel and (5) Despite the widely recognized risks of ‘‘local educational agency’’ has the meaning students safe when imposing physical restraint physical restraint and seclusion, a substantial given the term in section 9101(26) of the Elemen- or seclusion; disparity exists among many States and local- tary and Secondary Education Act of 1965 (20 (C) evidence-based skills training related to ities with regard to the protection and oversight U.S.C. 7801(26)). positive behavior supports, safe physical escort, of the rights of children and school personnel to (5) MECHANICAL RESTRAINT.—The term ‘‘me- conflict prevention, understanding antecedents, a safe learning environment. chanical restraint’’ has the meaning given the de-escalation, and conflict management;

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\K03MR7.040 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1049 (D) first aid and cardiopulmonary resuscita- (4) The use of physical restraint or seclusion regulations pursuant to section 5(a), and each tion; as a planned intervention shall not be written year thereafter, each State educational agency (E) information describing State policies and into a student’s education plan, individual safe- shall (in compliance with the requirements of procedures that meet the minimum standards es- ty plan, behavioral plan, or individualized edu- section 444 of the General Education Provisions tablished by regulations promulgated pursuant cation program (as defined in section 602 of the Act (commonly known as the ‘‘Family Edu- to section 5(a); and Individuals with Disabilities Education Act (20 cational Rights and Privacy Act of 1974’’) (20 (F) certification for school personnel in the U.S.C. 1401)). Local educational agencies or U.S.C. 1232g)) prepare and submit to the Sec- techniques and skills described in subpara- schools may establish policies and procedures retary, and make available to the public, a re- graphs (A) through (D), which shall be required for use of physical restraint or seclusion in port with respect to each local educational to be renewed on a periodic basis. school safety or crisis plans, provided that such agency, and each school not under the jurisdic- (17) STATE.—The term ‘‘State’’ has the mean- school plans are not specific to any individual tion of a local educational agency, located in ing given the term in section 9101 of the Elemen- student. the same State as such State educational agency tary and Secondary Education Act of 1965 (20 (5) Schools shall establish procedures to be fol- that includes the information described in para- U.S.C. 7801). lowed after each incident involving the imposi- graph (2). (18) STATE EDUCATIONAL AGENCY.—The term tion of physical restraint or seclusion upon a (2) INFORMATION REQUIREMENTS.— ‘‘State educational agency’’ has the meaning student, including— (A) GENERAL INFORMATION REQUIREMENTS.— given the term in section 9101(41) of the Elemen- (A) procedures to provide to the parent of the The report described in paragraph (1) shall in- tary and Secondary Education Act of 1965 (20 student, with respect to each such incident— clude information on— U.S.C. 7801(41)). (i) an immediate verbal or electronic commu- (i) the total number of incidents in the pre- (19) STUDENT.—The term ‘‘student’’ means a nication on the same day as each such incident; ceding full-academic year in which physical re- student enrolled in a school defined in section and straint was imposed upon a student; and 11, except that in the case of a private school or (ii) within 24 hours of each such incident, (ii) the total number of incidents in the pre- private program, such term means a student en- written notification; and ceding full-academic year in which seclusion rolled in such school or program who receives (B) any other procedures the Secretary deter- was imposed upon a student. support in any form from any program sup- mines appropriate. (B) DISAGGREGATION.— ported, in whole or in part, with funds appro- (b) SECRETARY OF THE INTERIOR.—The Sec- (i) GENERAL DISAGGREGATION REQUIRE- priated to the Department of Education. retary of the Interior shall ensure that schools MENTS.—The information described in subpara- (20) TIME OUT.—The term ‘‘time out’’ has the operated or funded by the Department of the In- graph (A) shall be disaggregated by— meaning given the term in section 595(d)(5) of terior comply with the regulations promulgated (I) the total number of incidents in which the Public Health Service Act (42 U.S.C. by the Secretary under subsection (a). physical restraint or seclusion was imposed 290jj(d)(5)), except that the meaning shall be ap- (c) RULE OF CONSTRUCTION.—Nothing in this upon a student— plied by substituting ‘‘student’’ for ‘‘resident’’. section shall be construed to authorize the Sec- (aa) that resulted in injury; SEC. 5. MINIMUM STANDARDS; RULE OF CON- retary to promulgate regulations prohibiting the (bb) that resulted in death; and STRUCTION. use of— (cc) in which the school personnel imposing (a) MINIMUM STANDARDS.—Not later than 180 (1) time out (as defined in section 4(20)); or physical restraint or seclusion were not trained days after the date of the enactment of this Act, (2) devices implemented by trained school per- and certified as described in section in order to protect each student from physical or sonnel, or utilized by a student, for the specific 5(a)(2)(D)(i); and mental abuse, aversive behavioral interventions and approved therapeutic or safety purposes for (II) the demographic characteristics of all stu- that compromise student health and safety, or which such devices were designed and, if appli- dents upon whom physical restraint or seclusion any physical restraint or seclusion imposed sole- cable, prescribed, including— was imposed, including— ly for purposes of discipline or convenience or in (A) restraints for medical immobilization; (aa) the categories identified in section a manner otherwise inconsistent with this Act, (B) adaptive devices or mechanical supports 1111(h)(1)(C)(i) of the Elementary and Sec- the Secretary shall promulgate regulations es- used to achieve proper body position, balance, ondary Education Act of 1965 (20 U.S.C. tablishing the following minimum standards: or alignment to allow greater freedom of mobil- 6311(h)(1)(C)(i)); (1) School personnel shall be prohibited from ity than would be possible without the use of (bb) age; and imposing on any student the following: such devices or mechanical supports; or (cc) disability status (which has the meaning (C) vehicle safety restraints when used as in- (A) Mechanical restraints. given the term ‘‘individual with a disability’’ in tended during the transport of a student in a (B) Chemical restraints. section 7(20) of the Rehabilitation Act of 1973 (29 moving vehicle; or (C) Physical restraint or physical escort that U.S.C. 705(20))). (3) handcuffs by school resource officers (as restricts breathing. (ii) UNDUPLICATED COUNT; EXCEPTION.—The (D) Aversive behavioral interventions that such term is defined in section 4151(11) of the El- disaggregation required under clause (i) shall— ementary and Secondary Education Act of 1965 compromise health and safety. (I) be carried out in a manner to ensure an (2) School personnel shall be prohibited from (20 U.S.C. 7161(11)))— unduplicated count of the— imposing physical restraint or seclusion on a (A) in the— (aa) total number of incidents in the pre- student unless— (i) case when a student’s behavior poses an ceding full-academic year in which physical re- (A) the student’s behavior poses an imminent imminent danger of physical injury to the stu- straint was imposed upon a student; and danger of physical injury to the student, school dent, school personnel, or others; or (bb) total number of incidents in the preceding personnel, or others; (ii) lawful exercise of law enforcement duties; (B) less restrictive interventions would be inef- and full-academic year in which seclusion was im- fective in stopping such imminent danger of (B) less restrictive interventions would be inef- posed upon a student; and physical injury; fective. (II) not be required in a case in which the (C) such physical restraint or seclusion is im- SEC. 6. STATE PLAN AND REPORT REQUIRE- number of students in a category would reveal posed by school personnel who— MENTS AND ENFORCEMENT. personally identifiable information about an in- (i) continuously monitor the student face-to- (a) STATE PLAN.—Not later than 2 years after dividual student. face; or the Secretary promulgates regulations pursuant (c) ENFORCEMENT.— (ii) if school personnel safety is significantly to section 5(a), and each year thereafter, each (1) IN GENERAL.— compromised by such face-to-face monitoring, State educational agency shall submit to the (A) USE OF REMEDIES.—If a State educational are in continuous direct visual contact with the Secretary a State plan that provides— agency fails to comply with subsection (a) or student; (1) assurances to the Secretary that the State (b), the Secretary shall— (D) such physical restraint or seclusion is im- has in effect— (i) withhold, in whole or in part, further pay- posed by— (A) State policies and procedures that meet ments under an applicable program (as such (i) school personnel trained and certified by a the minimum standards, including the stand- term is defined in section 400(c) of the General State-approved crisis intervention training pro- ards with respect to State-approved crisis inter- Education Provisions Act (20 U.S.C. 1221)) in gram (as defined in section 4(16)); or vention training programs, established by regu- accordance with section 455 of such Act (20 (ii) other school personnel in the case of a lations promulgated pursuant to section 5(a); U.S.C. 1234d); rare and clearly unavoidable emergency cir- and (ii) require a State educational agency to sub- cumstance when school personnel trained and (B) a State mechanism to effectively monitor mit, and implement, within 1 year of such fail- certified as described in clause (i) are not imme- and enforce the minimum standards; ure to comply, a corrective plan of action, which diately available due to the unforeseeable na- (2) a description of the State policies and pro- may include redirection of funds received under ture of the emergency circumstance; and cedures, including a description of the State-ap- an applicable program; or (E) such physical restraint or seclusion end proved crisis intervention training programs in (iii) issue a complaint to compel compliance of immediately upon the cessation of the condi- such State; and the State educational agency through a cease tions described in subparagraphs (A) and (B). (3) a description of the State plans to ensure and desist order, in the same manner the Sec- (3) States and local educational agencies shall school personnel and parents, including private retary is authorized to take such action under ensure that a sufficient number of personnel are school personnel and parents, are aware of the section 456 of the General Education Provisions trained and certified by a State-approved crisis State policies and procedures. Act (20 U.S.C. 1234e). intervention training program (as defined in (b) REPORTING.— (B) CESSATION OF WITHHOLDING OF FUNDS.— section 4(16)) to meet the needs of the specific (1) REPORTING REQUIREMENTS.—Not later than Whenever the Secretary determines (whether by student population in each school. 2 years after the date the Secretary promulgates certification or other appropriate evidence) that

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\A03MR7.013 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1050 CONGRESSIONAL RECORD — HOUSE March 3, 2010 a State educational agency who is subject to the subsection (f), a State educational agency re- SEC. 10. HEAD START PROGRAMS. withholding of payments under subparagraph ceiving a grant, or a local educational agency (a) REGULATIONS.—The Secretary of Health (A)(i) has cured the failure providing the basis receiving a subgrant, under this section may use and Human Services, in consultation with the for the withholding of payments, the Secretary such grant or subgrant funds for one or more of Secretary, shall promulgate regulations with re- shall cease the withholding of payments with the following: spect to Head Start agencies administering Head respect to the State educational agency under (1) Developing and implementing high-quality Start programs under the Head Start Act (42 such subparagraph. professional development and training programs U.S.C. 9801 et seq.) that establish requirements (2) RULE OF CONSTRUCTION.—Nothing in this to implement evidence-based systematic ap- consistent with— subsection shall be construed to limit the Sec- proaches to school-wide positive behavior sup- (1) the requirements established by regulations retary’s authority under the General Education ports, including improving coaching, facilita- promulgated pursuant to section 5(a); and Provisions Act (20 U.S.C. 1221 et seq.). tion, and training capacity for administrators, (2) the reporting and enforcement require- SEC. 7. GRANT AUTHORITY. teachers, specialized instructional support per- ments described in subsections (b) and (c) of sec- tion 6. (a) IN GENERAL.—From the amount appro- sonnel, and other staff. (b) GRANT AUTHORITY.—From the amount ap- priated under section 12, the Secretary may (2) Providing technical assistance to develop propriated under section 12, the Secretary may award grants to State educational agencies to and implement evidence-based systematic ap- allocate funds to the Secretary of Health and assist the agencies in— proaches to school-wide positive behavior sup- Human Services to assist the Head Start agen- (1) establishing, implementing, and enforcing ports, including technical assistance for data- cies in establishing, implementing, and enforc- the policies and procedures to meet the minimum driven decision-making related to behavioral ing policies and procedures to meet the require- standards established by regulations promul- supports and interventions in the classroom. ments established by regulations promulgated gated by the Secretary pursuant to section 5(a); (3) Researching, evaluating, and dissemi- pursuant to subsection (a). (2) improving State and local capacity to col- nating high-quality evidence-based programs lect and analyze data related to physical re- and activities that implement school-wide posi- SEC. 11. LIMITATION OF AUTHORITY. straint and seclusion; and tive behavior supports with fidelity. (a) IN GENERAL.—Nothing in this Act shall be (3) improving school climate and culture by (4) Supporting other local positive behavior construed to restrict or limit, or allow the Sec- implementing school-wide positive behavior sup- support implementation activities consistent retary to restrict or limit, any other rights or port approaches. with this subsection. remedies otherwise available to students or par- (b) DURATION OF GRANT.—A grant under this (h) EVALUATION AND REPORT.—Each State ents under Federal or State law or regulation. PPLICABILITY.— section shall be awarded to a State educational educational agency receiving a grant under this (b) A (1) PRIVATE SCHOOLS.—Nothing in this Act agency for a 3-year period. section shall, at the end of the 3-year grant pe- shall be construed to affect any private school (c) APPLICATION.—Each State educational riod for such grant— that does not receive, or does not serve students agency desiring a grant under this section shall (1) evaluate the State’s progress toward the who receive, support in any form from any pro- submit an application to the Secretary at such prevention and reduction of physical restraint gram supported, in whole or in part, with funds time, in such manner, and accompanied by such and seclusion in the schools located in the State, appropriated to the Department of Education. information as the Secretary may require, in- consistent with the minimum standards estab- (2) HOME SCHOOLS.—Nothing in this Act shall cluding information on how the State edu- lished by regulations promulgated by the Sec- retary pursuant to section 5(a); and be construed to— cational agency will target resources to schools (A) affect a home school, whether or not a and local educational agencies in need of assist- (2) submit to the Secretary a report on such progress. home school is treated as a private school or ance related to preventing and reducing phys- home school under State law; or ical restraint and seclusion. (i) DEPARTMENT OF THE INTERIOR.—From the amount appropriated under section 12, the Sec- (B) consider parents who are schooling a child (d) AUTHORITY TO MAKE SUBGRANTS.— at home as school personnel. (1) IN GENERAL.—A State educational agency retary may allocate funds to the Secretary of the Interior for activities under this section with SEC. 12. AUTHORIZATION OF APPROPRIATIONS. receiving a grant under this section may use There are authorized to be appropriated such such grant funds to award subgrants, on a com- respect to schools operated or funded by the De- partment of the Interior, under such terms as sums as may be necessary to carry out this Act petitive basis, to local educational agencies. for fiscal year 2011 and each of the 4 succeeding PPLICATION.—A local educational agency the Secretary of Education may prescribe. (2) A fiscal years. desiring to receive a subgrant under this section SEC. 8. NATIONAL ASSESSMENT. shall submit an application to the applicable (a) NATIONAL ASSESSMENT.—The Secretary The SPEAKER pro tempore. After 1 State educational agency at such time, in such shall carry out a national assessment to deter- hour of debate on the bill, as amended, manner, and containing such information as the mine the effectiveness of this Act, which shall it shall be in order to consider the State educational agency may require. include— amendment printed in part A of House (e) PRIVATE SCHOOL PARTICIPATION.— (1) analyzing data related to physical re- Report 111–425, if offered by the gen- straint and seclusion incidents; (1) IN GENERAL.—A local educational agency tleman from California (Mr. GEORGE receiving subgrant funds under this section (2) analyzing the effectiveness of Federal, MILLER) or his designee, which shall be shall, after timely and meaningful consultation State, and local efforts to prevent and reduce with appropriate private school officials, ensure the number of physical restraint and seclusion considered read, and shall be debatable that private school personnel can participate, incidents in schools; for 10 minutes equally divided and con- on an equitable basis, in activities supported by (3) identifying the types of programs and serv- trolled by the proponent and an oppo- grant or subgrant funds. ices that have demonstrated the greatest effec- nent. (2) PUBLIC CONTROL OF FUNDS.—The control tiveness in preventing and reducing the number The amendment printed in part B of of funds provided under this section, and title to of physical restraint and seclusion incidents in House Report 111–425, if offered by the schools; and materials, equipment, and property purchased gentleman from Arizona (Mr. FLAKE) or (4) identifying evidence-based personnel train- with such funds, shall be in a public agency, his designee, shall be considered read, and a public agency shall administer such ing models with demonstrated success in pre- funds, materials, equipment, and property. venting and reducing the number of physical re- and shall be debatable for 10 minutes (f) REQUIRED ACTIVITIES.—A State edu- straint and seclusion incidents in schools, in- equally divided and controlled by the cational agency receiving a grant, or a local cluding models that emphasize positive behavior proponent and an opponent. educational agency receiving a subgrant, under supports and de-escalation techniques over The gentleman from California (Mr. this section shall use such grant or subgrant physical intervention. GEORGE MILLER) and the gentleman funds to carry out the following: (b) REPORT.—The Secretary shall submit to from Minnesota (Mr. KLINE) each will (1) Researching, developing, implementing, the Committee on Education and Labor of the control 30 minutes. and evaluating strategies, policies, and proce- House of Representatives and the Committee on The Chair recognizes the gentleman Health, Education, Labor, and Pensions of the dures to prevent and reduce physical restraint from California. and seclusion in schools, consistent with the Senate— minimum standards established by regulations (1) an interim report that summarizes the pre- GENERAL LEAVE promulgated by the Secretary pursuant to sec- liminary findings of the assessment described in Mr. GEORGE MILLER of California. tion 5(a). subsection (a) not later than 3 years after the Mr. Speaker, I ask unanimous consent (2) Providing professional development, train- date of enactment of this Act; and that all Members may have 5 legisla- ing, and certification for school personnel to (2) a final report of the findings of the assess- tive days in which to revise and extend meet such standards. ment not later than 5 years after the date of the their remarks on H.R. 4247. enactment of this Act. (3) Carrying out the reporting requirements The SPEAKER pro tempore. Is there under section 6(b) and analyzing the informa- SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. objection to the request of the gen- tion included in a report prepared under such Protection and Advocacy Systems shall have section to identify student, school personnel, the authority provided under section 143 of the tleman from California? and school needs related to use of physical re- Developmental Disabilities Assistance and Bill There was no objection. straint and seclusion. of Rights Act of 2000 (42 U.S.C. 15043) to inves- Mr. GEORGE MILLER of California. (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In tigate, monitor, and enforce protections pro- Mr. Speaker, I yield myself such time addition to the required activities described in vided for students under this Act. as I may consume.

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.013 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1051 Mr. Speaker and Members of the We have Federal laws in place to pre- both students and staff safe and en- House, I rise today in strong support of vent these types of abuses from hap- courages the schools to implement this bipartisan legislation that will pening in hospitals and other commu- positive approaches to managing these make our classrooms safer for our chil- nity-based facilities that receive Fed- behavioral issues. dren and our teachers. But first I would eral funding, but currently there are no Mr. Speaker, I’m very proud that we like to tell the story of Cedric. This is Federal laws on the books to protect worked on this legislation in a bipar- a picture of Cedric, who was a young children from these abuses in the tisan way. I want to thank Congress- man from Killeen, Texas, who died in schools, where they spend most of their woman CATHY MCMORRIS RODGERS for his classroom when he was just 14 years time. her leadership, her diligence, her per- of age. Without a Federal standard, State suasion, and her hard work in fash- Cedric was living with a foster family policies and oversight, they vary wide- ioning this legislation. I would also after an early childhood filled with ly, leaving children vulnerable. Of the like to thank the National Disability abuse. Among other things, his biologi- 31 States that have established some Rights Network for bringing this abuse cal family had neglected him by deny- law or regulation, many are not com- to our attention; the National School ing him food. Despite knowing this, on prehensive in approach and several Boards Association; and more than a the morning he died, Cedric’s teacher only address restraint or address seclu- hundred other organizations for their punished him for refusing to do his sion, not necessarily both. support. work by delaying his lunch for hours. Everyone in this Chamber can agree When Cedric tried to leave his class- b 1445 that nothing is more important than room to find food, his teacher put him For example, in one State there are keeping our children safe. It’s time to face down in restraint and sat on him rules only for children enrolled in pre- try to end this abuse. I believe that in front of his classmates. He repeat- K. In another, only children with au- this legislation will go a long way in edly cried out that he could not tism are protected. In yet another ex- setting the standard and showing breathe. He died minutes later on the ample, only residential schools are cov- States the way, and hopefully in the classroom floor. ered. Many States allow restraints or next 2 years the States will develop Now I would like to tell you the seclusion in nonemergency situations, their own standards that at least meet story of Paige. Paige was a bright, en- simply to protect property or to main- these minimum standards of not de- ergetic, and happy young girl who tain order. No child should be subject priving these children of the cushion of started a new school in Cupertino, Cali- to these extreme interventions for sim- safety that they are entitled to and fornia. But Paige, who has Asperger’s ple noncompliance, like the 7-year-old that their parents and family expect Syndrome, came home from her school who died after being restrained for when they go to school on a daily the first week with bruises com- blowing bubbles in her milk. basis. plaining that her teacher hurt her. Mr. Speaker, when these abuses So I would like to once again remind Paige’s parents confronted the teach- occur, it isn’t just the individual vic- us of what happened to Cedric and to er, who denied causing the bruising. tim who suffers. It hurts their class- Paige at their age; their vulnerabili- She did admit to restraining Paige for mates who witness these traumatizing ties, their history, and what happened simply wiggling a loose tooth. Her par- events. It undermines the vast major- to them one day when they went to ents were shocked to learn later that ity of teachers and staff who are trying school. the teacher had lied and that she had to give students a quality education. I reserve the balance of my time. actually held Paige face down and sat It’s a nightmare for everyone involved. Mr. KLINE of Minnesota. I rise today in opposition to H.R. 4247, and I yield on her. Sitting on a 7-year-old for wig- We are here today to try and end this myself such time as I may consume. gling a loose tooth. Paige barely nightmare. We are here today to make Let me begin by stating unequivo- weighed 40 pounds. sure that no other children suffer the Over the course of many months, cally that the incidents uncovered by same fate as Cedric and Paige. The the GAO are unacceptable. No child Paige was repeatedly abused and in- Keeping All Students Safe Act will en- jured during restraint incidents until should be put in physical danger by the sure that all children are safe and pro- use of seclusion or restraints in school. her parents finally pulled her out of tected in schools. the school. She survived, but she still The tragic stories just related by the This bill takes a balanced approach chairman of Cedric and Paige are unac- bears the emotional scars of this abuse. to addressing a very serious problem. Cedric’s and Paige’s stories are not ceptable everywhere. For the first time, it will establish isolated incidents in America’s schools In each of the cases reviewed by the minimum safety standards for schools, today. Last May, the Government Ac- GAO, there was a criminal conviction, similar to Federal protections in place countability Office told our committee a finding of civil or administrative li- about the shocking wave of abuse of for children in other facilities. Under ability, or a large financial settlement. children in our public and private this legislation, physical restraint and In other words, everyone agrees that schools. This abuse was happening at seclusion can only be used to stop im- what happened is simply wrong. We do the hands of untrained school staff who minent danger of injury. The bill pro- not need a change in Federal law for were misusing restraint and seclusion. hibits mechanical restraints, such as such behavior to be condemned. Some- Hundreds of students across the U.S. strapping children to their chairs or times the most powerful tool we have have been victims of this abuse. These duct-taping parts of their bodies, and as elected officials is the bully pulpit, victims include students with disabil- any restraint that restricts their and Chairman MILLER and Mrs. ities and students without disabilities. breathing. It also prohibits chemical MCMORRIS RODGERS have certainly Many of these victims were children as restraints, using medication to control availed themselves of it. They have young as 3 and 4 years of age. In some behavior without a doctor’s prescrip- worked hard to call national attention cases, children died. tion. The bill also will require students to the misuse of seclusion and re- Restraint and seclusion are com- to notify parents after a restraint or straints in our schools. plicated practices. They are emergency seclusion incident so that parents don’t States clearly recognize the need to interventions that should be used only learn about these abuses from whistle- proactively limit the use of these dis- as a last resort and only by trained blowing teachers or from their own ciplinary tools. Today, 31 States have professionals. But GAO found that too children’s bruises. policies and procedures in place to gov- often these techniques are being used Mr. Speaker, we all agree that teach- ern when and how seclusion or re- in schools under the guise of discipline ers play the single most important role straint techniques may or may not be or convenience. in helping students grow, thrive, and used. Another 15 States will have such Last year, in my home State of Cali- succeed. Teachers support this bill be- protections in place in the near future. fornia, there were more than 14,300 cause it focuses on keeping both stu- Many, many independent school dis- cases of seclusion, restraint, and other dents and staff safe, giving teachers tricts and school boards have such pro- ‘‘emergency interventions.’’ We don’t the support they need do their jobs. It cedures in place. know how many of these cases were ac- asks States to ensure that enough per- The question today is: Who is best tual emergencies. sonnel are properly trained to keep equipped to create and enforce those

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.041 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1052 CONGRESSIONAL RECORD — HOUSE March 3, 2010 policies? To answer that question, I that 31 states currently have policies in COUNCIL OF THE GREAT CITY would point to a letter from the Coun- place to oversee the use of seclusion and re- SCHOOLS, cil of the Great City Schools, which straint and 15 states are in the process of Washington, DC, March 1, 2010. States, ‘‘Every injury to a student in adopting policies and protections. Given this HOUSE OF REPRESENTATIVES, massive state action, AASA questions the Washington DC. school is a matter of serious concern, need for federal involvement on this issue. Subject: HR 4247—Restraint and Seclusion but all such incidents are not nec- Reviews of HR 4247 by state-based teacher, bill. essarily matters of Federal law.’’ In administrator and school board associations DEAR REPRESENTATIVE: It is unusual that fact, until recently, the U.S. Depart- have identified a number of serious flaws, the Council of the Great City Schools, the ment of Education was not even col- which they have raised to their congres- coalition of the nation’s largest central city lecting data on the use of seclusion and sional delegations, but so far their voices school districts, cannot support an edu- restraint tactics in schools. The De- have not been included in the discussions. cation-related bill pending before the House partment has no experience or exper- HR 4247 includes a prohibition against in- of Representatives, but H.R. 4247, the re- tise regulating in this area. Yet, H.R. cluding seclusion and restraint in the Indi- straint and seclusion bill, is not supportable 4247 would establish a new, one-size- vidualized Education Plan (IEP) or behav- in its current form. The bill is overly broad ioral plan. The IEP and behavioral plans are and will override numerous state and local fits-all Federal framework that over- the communication platform for parents and policies that already address this issue and rules the work of these States. school staff to discuss the students’ needs will do so in ways that will be hard to pre- I will include the letter from the and corresponding school interventions. Pro- dict. Council of the Great City Schools in hibiting the inclusion of seclusion and re- Every injury to a student in school is a the RECORD, along with letters from straint in the IEP or behavioral plans where matter of serious concern, but all such inci- the U.S. Conference of Catholic past behavior clearly indicates a need will dents are not necessarily matters of federal Bishops, the American Association of only lead to further conflicts and misunder- law. Testimony before the Education and School Administrators, the Council for standings between parents and school staff. Labor Committee clearly points out that the American Private Education, the The Protection and Advocacy agencies are extent of the use of inappropriate restraints given broad undefined authority to enforce and seclusion in schools could not be specifi- American Association of Christian cally determined. The Government Account- Schools, the Association of Christian the new law. P&A agencies have long mon- itored and investigated on behalf of disabled ability Office (GAO) report provided only ten Schools International, and the Na- students, but enforcement is new. Enforce- case studies—three of which involved inci- tional Conference of State Legisla- ment of federal law has been the sole respon- dents occurring between ten and fifteen tures. sibility of state or federal agencies. A bigger years ago; two involved residential facilities that were not regular public schools; and one AMERICAN ASSOCIATION OF SCHOOL problem for school systems is that the mean- involved a school volunteer. The National ADMINISTRATORS, ing of enforcement is undefined. For exam- Arlington, VA, March 2, 2010. ple, does the enforcement authority permit Disability Rights Network study in January 2009 provided information on multiple inci- HOUSE OF REPRESENTATIVES, P&A staff to enter schools without checking Washington, DC. in with appropriate school personnel? Arrest dents, but failed to cite either the year or DEAR REPRESENTATIVE: The American As- authority? Authority to change school pol- the decade of the occurrence. In recognition sociation of School Administrators, rep- icy on the spot? of the limited data on the scope of inappro- resenting more than 13,000 school adminis- HR 4247’s prohibition against mechanical priate restraints and seclusion, the U.S. De- trators and local educational leaders, would restraints is too broad and could prevent ap- partment of Education has undertaken a for- like to express serious concerns with HR propriate use of restraints in emergency sit- mal data-collection initiative that may pro- 4247, the Preventing Harmful Restraint and uations where students must be restrained to vide more up-to-date information on this Seclusion in Schools Act, which is expected protect themselves and others. issue. The Council suggests that it is pre- mature for Congress to act until the Depart- to be considered in the next few days. We ask This legislation applies to both the special ment’s data collection effort is complete. At that the voices of rank-and-file teachers, education and regular education populations, that time, depending on the results, the principals, superintendents and school board and thus raises mandate training and report- Council may revise its position. members be heard and that HR 4247, as re- ing costs for school districts. These in- Moreover, the requirements in the pending ported from Committee, be defeated. creased fiscal and operational burdens are bill present serious concerns for the thou- The need to establish these particular fed- accompanied by minuscule authorization sands of school districts and school officials, eral regulations for seclusion and restraint and few prospects for an appropriation. A including school board members, charged has not been established by objective, care- huge, new, unfunded mandate is difficult to with the responsibility of and subject to the fully gathered and analyzed data. For exam- justify at a time when schools are cutting potential liability of implementing the fed- ple, the report by the National Disability teaching staff and stretching resources to erally-crafted definitions and assurances. Rights Network upon which HR 4247 par- balance budgets. tially relies mixes data from regular public Section 9 of the bill will subject the nation’s HR 4247 also prescribes a debriefing session schools with data from schools for children schools to an extraordinary outsourcing of for school personnel and parents within 72 with serious behavioral disorders and insti- investigations, monitoring, and enforcement hours of the use of seclusion or restraint, to tutions for students who are regularly vio- actions to protection and advocacy attor- address documentation of the antecedents to lent. Further, the incidents took place over neys under the Developmental Disabilities the restraint or seclusion and prevention an unknown period of time—perhaps a dec- Act, in addition to oversight and enforce- planning (although it cannot involve the ade or more. It seems to us that most of ment by each state educational agency and IEP). School staff are already over-com- those cases took place in settings serving ei- the U.S. Department of Education—a new mitted in their daily schedules. Imposing ther the small percentage of students with authority likely to result in additional dis- short, mandatory timelines for extensive serious behavior disorders or the even small- putes and litigation that may involve any meetings will likely result in the cancella- er percentage of students who are a violent student or employee, as well as contractors, tion of other instructional commitments or danger to themselves or others. Finally, the service providers, other agencies, and poten- missed timelines and new litigation. NDN report counts incidents of seclusion and tially on-site community services and volun- restraint without noting whether those Finally, the tone of HR 4247 is relentlessly teers. events took place over a decade or some negative toward teachers and administra- The Council also questions the assignment other time period. tors. This tone indicting all teachers and ad- of policies, procedures, and requirements The Office of Civil Rights within the U.S. ministrators is unwarranted by plain obser- currently applicable to psychiatric hospitals, Department of Education is preparing to vation, is unsupported by any credible data mental health programs, and medical facili- gather more objective information this com- and should be eliminated. AASA is certain ties onto the nation’s elementary, secondary ing school year. We urge the House to await that every member of the House knows at and pre-schools, which are not designed, objective, uniformly reported and analyzed least one teacher or administrator who has equipped, or staffed to implement these re- data from OCR before acting. Based on expe- dedicated his or her professional life to the quirements, and are often excluded from the rience, we are sure that a student in a reg- education and development of children and federal mental health funding or Medicaid ular public school is extremely unlikely to who has never restrained or secluded a single reimbursements for related services that be physically harmed, secluded in a student, even if his or her career spanned could assist in implementation. All current windowless room, taped to a chair or hand- over 40 years. state and local restraint and seclusion laws, cuffed to a fence by a teacher or adminis- Thank you for your consideration. If there policies, guidelines, and procedures will have trator. Just how unlikely such events are is are any questions, please do not hesitate to to be reviewed and aligned with this federal unknown because objective, uniformly gath- contact me for further discussion of this im- legislation. ered and analyzed data simply are not avail- portant issue. In addition, H.R. 4247 mandates, without able. Yours truly, funding, a major training and certification In addition, the report recently released by DAN DOMENECH, program in order to comply with the pro- the U.S. Department of Education states Executive Director. posed legislation. Again, the nation’s schools

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.042 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1053 will have to train and state-certify an un- them within two years irrespective of the Another serious concern we have is that specified number of personnel and then peri- varying conditions in the states and without this legislation would impose an unprece- odically re-certify each one. Moreover, this any consideration given to the costs associ- dented degree of federal mandates on reli- bill requires that each of these individuals ated with compliance. gious and independent schools. from every school receive first aid and CPR State legislators, who have the constitu- The class of schools that would be affected training—an entirely new federal require- tional responsibility to establish and fund by this bill is broad. Based on the definition ment for schools and one not directly related the nation’s system of public education, are of ‘‘school’’ found in section 4(11), a religious to restraints and seclusion. School respon- concerned about another unfunded mandate school with even a single student receiving sibilities for training and certification ex- and continued federal overreach into the math or reading instruction under Title I of tend to school contractors as well. daily operations of schools. HR 4247 is the the Elementary and Secondary Education The Council is unable to adequately latest example of this approach. The Na- Act (ESEA) would be subject to all the provi- project how many school employees and tional Conference of State Legislators urges sions of this bill, as would a school receiving service providers would have to be trained members of the U.S. House of Representa- a single piece of instructional material or and certified in restraint and seclusion tech- tives to vote against HR 4247. professional development for a single teacher niques, conflict resolution, first aid, and Sincerely, under any other ESEA title. The U.S. De- CPR in schools serving thousands of stu- Representative LARRY M. partment of Education reported in 2007 that a full 80 percent of Catholic schools across dents. This broad unfunded mandate would BELL, be questionable under the best of cir- Chair, Education Com- the country participate in one or more pro- cumstances, but in the current economic en- mittee, North Caro- grams under ESEA. What requirements would apply to affected vironment, where schools are laying off lina General Assem- schools? First, they would have to have one thousands of teachers and other support staff bly; Chair, NCSL or more teachers trained and certified under and seeing class sizes rise, such new federal Standing Committee a state-approved training program, as de- requirements are also untimely. on Education. Congress could achieve the same basic ob- fined in section 4(16). The required number of trained teachers for each school would be de- jective by requiring local school districts COUNCIL FOR AMERICAN and/or state educational agencies to adopt, termined by the state (see section 5(a)(3)). In PRIVATE EDUCATION, the history of education legislation, the fed- implement and monitor policies for appro- February 17, 2010. priate and restricted use of restraints and se- eral government has never imposed training Re H.R. 4247, Preventing Harmful Restraint or certification requirements on neighbor- clusion in disruptive, violent, and emergency and Seclusion in Schools Act. circumstances—much like the federal gun- hood religious and independent schools for MEMBERS OF THE HOUSE OF REPRESENTA- free schools policy or school prayer policy. any reason. Appropriate restraint and seclusion poli- TIVES: The Council for American Private Second, they would have to comply with cies, restrictions, and procedures are already Education (CAPE), a coalition of 18 major the annual reporting requirements involving in widespread use among the Great City national organizations (listed left) and 32 disaggregated demographic data on the num- Schools and a large number of states, though state affiliates that serve religious and inde- ber of incidents in which physical restraint few if any as wide-ranging as H.R. 4247. The pendent PK–12 schools, writes to express was imposed upon a student. (And keep in Council suggests that a bill requiring the strong concerns regarding H.R. 4247. At the mind that the bill’s cross-referenced defini- limited number of states and/or other school start, we must be clear that as a matter of tion of ‘‘physical restraint’’ encompasses the districts without such policies to adopt and ethical principle, moral law, and basic ordinary occurrences described above.) Al- though states are required to file the reports implement restraint and seclusion policies human decency, the private school commu- described in section 6(b), schools themselves would likely garner broader support from nity is unreservedly committed to the safety would have to provide the data, since states school officials. We have offered to assist in and well-being of students. Parents willingly are obligated to report on the number of in- developing such legislation that would be entrust the education and care of a child to stances ‘‘for each local educational agency more workable. However, we cannot support a religious or independent school because and each school not under the jurisdiction of H.R. 4247 as currently crafted. they know the school will act to ensure the a local educational agency.’’ Sincerely, child’s best interests. Thus, with respect to the bill’s intent to protect children from Third, and most important, they would JEFFREY A. SIMERING, have to comply with the school-related pro- Director of Legislative Services. harm, we stand in solidarity with the spon- sors. Our disagreement is with specific provi- visions of the law that, in our judgment, could have the unintended adverse effects on NATIONAL CONFERENCE OF STATE sions of the bill, not its overall purpose. CAPE is deeply concerned about the pos- the health and safety of students described LEGISLATURES, above. March 3, 2010. sible adverse effects the bill could have on the welfare of students. The neighborhood We urge you to oppose this legislation un- Hon. NANCY PELOSI, less it is amended to address these important and community schools we represent are Speaker of the House, concerns. likely to experience the reach of this legisla- Washington, DC. Sincerely, tion in ordinary and typical encounters: a Hon. JOHN BOEHNER, JOE MCTIGHE, teacher breaking up a schoolyard dustup, a House Minority Leader, Executive Director. Washington, DC. coach holding back two hot-tempered play- ers, an aide grabbing a child about to dart The National Conference of States Legisla- AMERICAN ASSOCIATION OF into the carpool lane at dismissal. Under tures (NCSL), representing state legislators CHRISTIAN SCHOOLS, such circumstances, competent professionals in the nation’s 50 states, commonwealths March 2, 2010. instinctively apply physical restraint in and territories, is deeply troubled by the fed- HOUSE OF REPRESENTATIVES, order to protect a child from imminent dan- eral preemption of state policy in the Pre- Washington, DC. ger—restraint that meets the definition ref- venting Harmful Restraint and Seclusion in DEAR REPRESENTATIVE: The American As- Schools Act (HR 4247). erenced in the bill (i.e., ‘‘a personal restric- sociation of Christian Schools writes to ex- HR 4247 is a well intended effort by the tion that immobilizes or reduces the ability press concern over H.R. 4247, ‘‘Preventing U.S. House of Representatives that ignores of an individual to move his or her arms, Harmful Restraint and Seclusion in Schools the leadership and progress made by states legs, or head freely’’). Yet the burden of this Act.’’ The goal of the bill—to protect chil- to protect students from harm during seclu- legislation, with its array of conditions and dren from suffering abuse at the hands of the sion and restraint. Furthermore, the need to clauses (see section 5(a)) specifying when and educators—is a point of strong agreement establish the federal regulations identified in under what circumstances and by whom such that we share with the sponsors. Our schools the legislation is not supported by objective ordinary, protective action may lawfully be are committed to providing safe environ- or carefully analyzed research. The U.S. De- carried out could effectively serve to inhibit ments for their students, and as a national partment of Education is in the process of such instinctively shielding behavior by organization, AACS is supportive of efforts gathering such information in the coming causing the adult to hesitate or second-guess to ensure that children are protected and school year, and we strongly urge the House herself out of fear she might be violating fed- free from harm. to allow this process to be completed and to eral law. Hesitation in such circumstances As the bill has moved through the Edu- make an informed decision based on sound could be dangerous. cation and Labor Committee and to the research to determine whether federal legis- Our read of this bill is that it was intended House Floor, we have appreciated the oppor- lation is needed to address this issue. to address a narrow set of special-purpose tunity for many discussions on how best to According to the U.S. Department of Edu- schools and circumstances in which students protect all students and still maintain pro- cation, 31 states currently have policies in are restrained or secluded for an extensive tections for private schools against unwar- place to oversee the use of seclusion and re- period of time in connection with an institu- ranted federal intrusion. We appreciate the straint with another 15 in the process of tion’s inappropriate disciplinary practice or efforts to mitigate the effect of this bill on adopting similar policies and protections. policy. But the schools we represent do not private education, and we are grateful for HR 4247 would preempt these efforts in favor fall in that category and would be inadvert- the inclusion of language that does specify of federal guidelines that have little basis in ently affected by the bill’s far-reaching pro- protection for those private schools which do research and would require states to adopt visions. not receive federal funds.

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.024 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1054 CONGRESSIONAL RECORD — HOUSE March 3, 2010 However, we are concerned that there still residential facilities or schools which served under any other ESEA title. The U.S. De- may be unintended negative consequences emotionally disturbed teens. partment of Education reported in 2007 that for those private schools whose teachers or I urge you to alter the scope of this unnec- a full 80 percent of Catholic schools across students may be benefiting from a federal essarily intrusive legislation so that it fo- the country participate in one or more pro- education program. It seems that the lan- cuses directly on the dangerous types of situ- grams under ESEA, (aka: ‘‘No Child Left Be- guage of the bill opens the door for these ations referenced in the GAO report, rather hind’’). schools to become subject to training and re- than imposing intrusive and onerous data What requirements would apply to affected porting requirements of the government: For collection, coverage, and certification re- schools? First, they would have to have one example, a school which receives instruc- quirements on private schools. or more teachers trained and certified under tional materials or professional development Sincerely, a state-approved training program, as de- services under any ESEA title could be sub- Most Reverend THOMAS J. fined in section 4(16). The required number of ject to the regulations set forth in this bill. CURRY, trained teachers for each school would be de- Further, any school who serves a Title I stu- Auxiliary Bishop of termined by the state(see section 5(a)(3)). In dent could also be required to adhere to the Los Angeles; Chair- the history of education legislation, the fed- reporting and training requirements. While man, USCCB Com- eral government has never imposed training private school regulation may not be the in- mittee on Catholic or certification requirements on neighbor- tention of the bill, this could set a dangerous Education. hood religious or independent schools for any precedent for future federal regulation of reason. Second, they would have to comply private education. ASSOCIATION OF CHRISTIAN SCHOOLS with the annual reporting requirements in- Private schools, including our Christian INTERNATIONAL. volving disaggregated demographic data on schools, have enjoyed marked success in pro- Re H.R. 4247, Preventing Harmful Restraint the number of incidents in which physical re- viding excellent education for students of all and Seclusion in Schools Act. straint or seclusion was imposed upon a stu- ages and abilities. Their freedom and ability Hon. MEMBERS OF THE HOUSE OF REP- dent. (And keep in mind that the bill’s cross- to maintain their autonomy contributes RESENTATIVES: The Association of Christian referenced definition of ‘‘physical restraint’’ greatly to this success, and the opportunities Schools International, an active member of encompasses the ordinary occurrences de- that thereby are provided for the students. the Council for American Private Education scribed above.) Although states are required The language of H.R. 4247 seems to set un- (CAPE), writes to express strong concerns re- to file the reports described in section 6(b), warranted intrusion of the federal govern- garding H.R. 4247. ACSI must be clear that as schools themselves would have to provide ment into this autonomy. a matter of ethical principle, biblical man- the data, since states are obligated to report We believe the intent of the sponsors of dates, and basic human decency, the Chris- on the number of instances ‘‘for each local this bill was not to establish federal intru- tian school community is unreservedly com- educational agency and each school not sion on private schools; however, we are con- mitted to the safety and well-being of our under the jurisdiction of a local educational cerned that this will be an unintended con- students. Parents willingly entrust the edu- agency.’’ Third, and most important, they sequence. For this reason, we cannot support cation and care of a child to our religious would have to comply with the school-re- the bill. We appreciate your consideration of schools because they know the school will lated provisions of the law that, in our judg- our concerns. act to ensure the child’s best interests. Thus, ment, could have the unintended adverse ef- Sincerely, with respect to the bill’s intent to protect fects on the health and safety of students de- KEITH WIEBE, children from harm, we stand in solidarity scribed above. We urge you to oppose this President, American Association with the sponsors. Our disagreement is with legislation unless it is amended to address of Christian Schools. specific provisions of the bill, not its overall these important and draconian concerns. purpose(s). Sincerely, COMMITTEE ON CATHOLIC EDUCATION, ACSI is deeply concerned about the pos- Rev. JOHN C. HOLMES, February 25, 2010. sible adverse effects the bill could have on ACSI Director of Gov- Re H.R. 4247, Preventing Harmful Restraint the welfare of students. The neighborhood ernment Affairs. and Seclusion in Schools Act. and community schools we represent are DEAR MEMBERS OF THE HOUSE OF REP- likely to experience the reach of this legisla- Taken together, the concerns raised RESENTATIVES: As Chairman of the Com- tion in ordinary and typical encounters: a by these groups paint a picture of pre- mittee on Catholic Education of the United teacher breaking up a schoolyard dustup, a mature legislating and Federal over- States Conference of Catholic Bishops I wish coach holding back two hot-tempered play- reach, in essence, attempting to solve a to acknowledge the efforts of the Members of ers, an aide grabbing a child about to dart problem we do not fully understand in the House Education and Labor Committee into the carpool lane at dismissal. Under a way that could actually make it to reduce the use of harmful and dangerous such circumstances, competent professionals restraint and seclusion in schools. We agree instinctively apply physical restraint in more difficult for teachers to keep completely with your desire to protect and order to protect a child from imminent dan- their classrooms safe. enhance the safety and well-being of all stu- ger—restraint that meets the definition ref- I’m especially concerned that H.R. dents enrolled in both public and private erenced in the bill (i.e., ‘‘a personal restric- 4247 would extend its new system of schools. tion that immobilizes or reduces the ability mandates into private schools. Histori- However, we must urge you to vote against of an individual to move his or her arms, cally, independent schools have been H. 4247 in its present form. legs, or head freely’’). Yet the burden of this We believe it would be unprecedented and legislation, with its array of conditions and free from the Federal mandates at- intrusive for the Federal government to in- clauses (see section 5(a)) could lead an adult tached to Federal education dollars. volve itself in some of the activities that to hesitate or hold back out of fear of vio- Private school teachers are entitled to would be required by H.R.4247, such as: lating this federal law. Such hesitation could services, but no direct funding, under Sec. 3(5)(C)—collecting and analyzing data be dangerous. the Individuals with Disabilities Edu- from private schools; We agree with CAPE’s read of this bill, cation Act and other laws. Yet, under Sec. 4(11)(A)(II)(ii)—extending the require- that it was intended to address a narrow set H.R. 4247, schools whose students re- ments of this legislation to every private of special-purpose schools and circumstances ceive services would be subject to the school which has even one student or one in which students are restrained or secluded teacher participating in a program adminis- for an extensive period of time in connection same prescriptive rules on the use of tered by the U.S. Department of Education; with an institution’s inappropriate discipli- seclusion and restraints, despite the and nary practice or policy. But the schools we fact that these private schools receive Sec. 5(a)—requiring school personnel to be represent do not fall in that category and no Federal funding. This is a major de- certified in crisis intervention, although fed- would be inadvertently affected by the bill’s parture from longstanding Federal edu- eral education law has never before imposed far-reaching provisions. Another serious con- cation policy. certification requirements on private school cern we have is that this legislation would educators. impose an unprecedented degree of federal The Council for American Private It is clear from the language of ESEA and mandates on religious schools. The class of Education explains it this way: ‘‘A reli- IDEA that it was Congress’ intent, and prop- schools that would be affected by this bill is gious school with even a single student erly so, to avoid federal involvement in the broad. Based on the definition of ‘‘school’’ receiving math or reading instruction internal administration of private (non- found in section 4(11), a religious school with under title 1 of the Elementary and public) schools. By ignoring that principle, even a single student receiving math or read- Secondary Education Act would be sub- H.R. 4247 in its present form crosses a dan- ing instruction under Title I of the Elemen- ject to all the provisions of this bill, as gerous line, without any demonstrated need tary and Secondary Education Act (ESEA) to do so. The only private schools cited in would be subject to all the provisions of this would a school receiving a single piece the report of the U.S. Government Account- bill, as would a school receiving a single of instructional material or profes- ability Office (GAO–09–719T) that apparently piece of instructional material or profes- sional development for a single teacher led to the drafting of H.R. 4247 were either sional development for a single teacher under any other ESEA title.’’

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.027 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1055 Another likely consequence of H.R. [From the Hartford Courant, Oct. 11, 1998] chiatric and mental retardation facilities 4247 is increased litigation. The bill’s A NATIONWIDE PATTERN OF DEATH across the country. Neither do state regulators, academics or vague and overly broad language is an (By Eric Weiss) accreditation agencies. invitation to trial lawyers who will ea- Roshelle Clayborne pleaded for her life. ‘‘Right now we don’t have those numbers,’’ gerly take every opportunity to sue Slammed face-down on the floor, said Ken August of the California Depart- school districts who grapple with con- Clayborne’s arms were yanked across her ment of Health Services, ‘‘and we don’t have fusing and stringent new requirements. chest, her wrists gripped from behind by a a way to get at them.’’ H.R. 4247 creates a climate of legal dis- mental health aide. The regulators don’t ask, and the hospitals pute by expanding the role of the pro- I can’t breathe, the 16-year-old gasped. don’t tell. Her last words were ignored. As more patients with mental disabilities tection and advocacy system of State- A syringe delivered 50 milligrams of based trial lawyers, a clear recognition are moved from public institutions into Thorazine into her body and, with eight smaller, mostly private facilities, the need that seclusion and restraint are to be- staffers watching, Clayborne became, sud- for stronger oversight and uniform standards come litigation magnets. In fact, denly, still. Blood trickled from the corner is greater than ever. there’s a very real danger that schools of her mouth as she lost control of her bodily ‘‘Patients increasingly are not in hospitals will stop addressing safety issues en- functions. Her limp body was rolled into a but in contract facilities where no one has tirely out of fear they could be sued. blanket and dumped in an 8-by-10-foot room the vaguest idea of what is going on,’’ said used to seclude dangerous patients at the Dr. E. Fuller Torrey, a nationally prominent Instead, schools may resort to law en- Laurel Ridge Residential Treatment Center forcement to manage physically dis- psychiatrist, author and critic of the mental in San Antonio, Texas. health care system. ruptive or threatening students. This The door clicked behind her. Because nobody is tracking these trage- will mean fewer students in the class- No one watched her die. dies, many restraint-related deaths go unre- room and more students in police hand- But Roshelle Clayborne is not alone. ported not only to the government, but cuffs. Across the country, hundreds of patients sometimes to the families themselves. have died after being restrained in psy- ‘‘There is always some reticence on report- Mr. Speaker, it is clear that teachers chiatric and mental retardation facilities, and school leaders need training and ing problems because of the litigious nature many of them in strikingly similar cir- of society,’’ acknowledged Dr. Donald M. guidance on how to keep classrooms cumstances, a Courant investigation has Nielsen, a senior vice president of the Amer- safe. Seclusion and restraint are never found. ican Hospital Association. ‘‘I think the ques- the first choice for promoting positive Those who died were disproportionately tion is not one of reporting, but making sure behavior, but if they must be used, young. They entered our health care system there are systems in place to prevent these they must be used safely. It is just as as troubled children. They left in coffins. deaths.’’ All of them died at the hands of those who Typically, though, hospitals dismiss re- clear that States, and not the Federal are supposed to protect, in places intended to Government, should take the lead on straint-related deaths as unfortunate flukes, give sanctuary. not as a systemic issue. After all, they say, developing and implementing these If Roshelle Clayborne’s death last summer these patients are troubled, ill and some- policies. was not an isolated incident, neither were times violent. H.R. 4247 is a bill with good inten- the recent deaths of Connecticut’s Andrew The facility where Roshelle Clayborne died tions, but at the end of the day it is McClain or Robert Rollins. insists her death had nothing to do with the A 50-state survey by The Courant, the first restraint. Officials there say it was a heart simply not the most direct and effec- of its kind ever conducted, has confirmed 142 tive way to keep our classrooms safe. condition that killed the 16-year-old on Aug. deaths during or shortly after restraint or 18, 1997. I reserve the balance of my time. seclusion in the past decade. The survey fo- Bexar County Medical Examiner Vincent Mr. GEORGE MILLER of California. cused on mental health and mental retarda- DiMaio ruled that Clayborne died of natural tion facilities and group homes nationwide. causes, saying that restraint use was a sepa- I yield 2 minutes to a member of the But because many of these cases go unre- committee, the gentleman from Con- rate ‘‘clinical issue.’’ ported, the actual number of deaths during But that, too, is typical in restraint cases. necticut (Mr. COURTNEY). or after restraint is many times higher. Medical examiners rarely connect the cir- Mr. COURTNEY. First of all, I want Between 50 and 150 such deaths occur every cumstances of the restraint to the physical to thank the chairman of the Edu- year across the country, according to a sta- cause of death, making these cases impos- tistical estimate commissioned by The Cou- cation and Labor Committee, Mr. MIL- sible to track through death certificates. rant and conducted by a research specialist The explanations don’t wash with LER, for his leadership on this legisla- at the Harvard Center for Risk Analysis. Clayborne’s grandmother. tion. That’s one to three deaths every week, 500 ‘‘I’ll picture her lying on that floor until The hearing which was held at the to 1,500 in the past decade, the study shows. the day I die,’’ Charlene Miles said. Education and Labor Committee was ‘‘It’s going on all around the country,’’ ‘‘Roshelle had her share of problems, but one of the most stunning, amazing, said Dr. Jack Zusman, a psychiatrist and au- good God, no one deserves to die like that.’’ thor of a book on restraint policy. With nobody tracking, nobody telling, no- eye-opening events, I think, of this The nationwide trail of death leads from a Congress. The bipartisanship which body watching, the same deadly errors are 6-year-old boy in California to a 45-year-old allowed to occur again and again. came together after that hearing to mother of four in Utah, from a private treat- Of the 142 restraint-related deaths con- craft this legislation, again, I think is ment center in the deserts of Arizona to a firmed by The Courant’s investigation: a testament to your leadership and the public psychiatric hospital in the pastures of Twenty-three people died after being re- bipartisanship that you have created Wisconsin. strained in face-down floor holds. on that committee. In some cases, patients died in ways and Another 20 died after they were tied up in for reasons that defy common sense: a towel leather wrist and ankle cuffs or vests, and ig- Mr. Speaker, back in 1998, The Hart- wrapped around the mouth of a 16-year-old nored for hours. ford Courant won a Pulitzer Prize for a boy; a 15-year-old girl wrestled to the ground Causes of death could be confirmed in 125 four-part investigation of seclusion and after she wouldn’t give up a family photo- cases. Of those patients, 33 percent died of restraint all across the country. The graph. asphyxia, another 26 percent died of cardiac- name of the series was ‘‘A Nationwide Many of the actions would land a parent in related causes. Pattern of Death,’’ which I’d like to jail, yet staffers and facilities were rarely Ages could be confirmed in 114 cases. More punished. than 26 percent of those were children—near- offer a copy of for the RECORD, and ‘‘I raised my child for 17 years and I never ly twice the proportion they constitute in which, again, in chapter and verse, laid had to restrain her, so I don’t know what mental health institutions. out the shocking, uneven application of gave them the right to do it,’’ said Barbara Many of the victims were so mentally or this type of force against America’s Young, whose daughter Kelly died in the physically impaired they could not fend for schoolchildren. In Connecticut, it actu- Brisbane Child Treatment Center in New themselves. Others had to be restrained after ally resulted in action in terms of leg- Jersey. they erupted violently, without warning and islation which was put into place. The pattern revealed by The Courant has for little reason. Many of the minimum standards which gone either unobserved or willfully ignored Caring for these patients is a difficult and are included in the legislation we’re by regulators, by health officials, by the dangerous job, even for the best-trained legal system. workers. Staffers can suddenly find them- voting on today were incorporated into The federal government—which closely selves the target of a thrown chair, a punch, that measure. But, clearly, as a Na- monitors the size of eggs—does not collect a bite from an HIV-positive patient. tion, we have much more work to be data on how many patients are killed by a Yet the great tragedy is that many of the done. procedure that is used every day in psy- deaths could have been prevented by setting

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.043 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1056 CONGRESSIONAL RECORD — HOUSE March 3, 2010 standards that are neither costly nor dif- In their final report on Clayborne’s death, Mr. COURTNEY. I don’t think it’s ficult: better training in restraint use; con- Texas state regulators cited Laurel Ridge for too much to say that we should not stant or frequent monitoring of patients in five serious violations and found staff failed allow these types of practices which, in restraints; the banning of dangerous tech- to protect her health and safety during the some instances, result in, as the chair- niques such as face-down floor holds; CPR restraint. They recommended Laurel Ridge training for all direct-care workers. be closed. man said, actual deaths and traumatic ‘‘When you look at the statistics and real- Instead, the state placed Laurel Ridge on a lifelong injuries, to be countenanced by ize there’s a pattern, you need to start find- one-year probation in February and the cen- the American taxpayer. This measure ing out why,’’ said Dr. Rod Munoz, president ter remains open for business. In a prepared establishes minimum standards. It es- of the American Psychiatric Association, statement, Laurel Ridge said it has complied tablishes transparency. It gives us as a when told of The Courant’s findings. ‘‘We with the state’s concerns—and it pointed out country the opportunity to allow have to take action.’’ the difficulty in treating someone with Mental health providers, who treat more States to take leadership in terms of Clayborne’s background. implementing their own rules and reg- than 9 million patients a year at an annual ‘‘Roshelle Clayborne, a ward of the state, cost of more than $30 billion, judge them- had a very troubled and extensive psy- ulations. But it says as a Nation we are selves by the humanity of their care. So the chiatric history, which is why Laurel Ridge not going to tolerate this type of be- misuse of restraints—and the contributing was chosen to treat her,’’ the statement said. havior, of which schools themselves are factors, such as poor training and staffing— ‘‘Roshelle’s death was a tragic event and we mandated reporters. If it was hap- offers a disturbing window into the overall empathize with the family.’’ quality of the nation’s mental health sys- pening in a child’s home, and as a With no criminal prosecution and little tem. teacher became aware of it, they would For their part, health care officials say re- regulatory action, the Clayborne family is be required by law to report it to child straints are used less frequently and more now suing in civil court. The Austin chapter protection agencies as a result of Fed- compassionately than ever before. of the NAACP and the private watchdog group Citizens Human Rights Commission of eral law. We can do at least as much ‘‘When it comes to restraints, the public for the school environment which chil- has a picture of medieval things, chains and Texas are asking for a federal civil rights in- dungeons,’’ said Dr. Kenneth Marcus, psy- vestigation into the death of Clayborne. dren go to every day in this country. chiatrist in chief at Connecticut Valley Hos- Medications and restraint and seclusion. I urge a strong, powerful bipartisan pital in Middletown. ‘‘But it really isn’t. Re- Clayborne’s friend, Lisa Allen, knew the vote in support of this legislation so straints are used to physically stabilize pa- routine well, too. that we can raise our children to a new tients, to prevent them from being For six years, Allen, now 18, lived in men- level as they go to school every day. assaultive or hurting themselves.’’ tal health facilities in Indiana and Texas, But in case after case reviewed by The where her explosive personality would often b 1500 Courant, court and medical documents show boil over and land her in trouble. Mr. KLINE of Minnesota. Mr. Speak- that restraints are still used far too often By her own estimate, Allen was restrained er, I would like to yield 3 minutes to and for all the wrong reasons: for discipline, ‘‘thousands’’ of times and she bears the scars for punishment, for the convenience of staff. to prove it: a mark on her knee from a rug the gentlewoman from Washington ‘‘As a nation we get all up in arms reading burn when she was restrained on a carpet; (Mrs. MCMORRIS RODGERS). about human rights issues on the other side the loss of part of a birthmark on her fore- Mrs. MCMORRIS RODGERS. Mr. of the world, but there are some basic human head when she was slammed against a con- Speaker, I rise today in strong support rights issues that need attention right here crete wall. of H.R. 4247, the Keeping All Children at our back door,’’ said Jean Allen, the adop- Exactly two weeks after Roshelle Safe Act, and I urge my colleagues to tive mother of Tristan Sovern, a North Caro- Clayborne’s death, Lisa Allen found herself support it as well. lina teen who died after aides wrapped a in the same position as her friend. When is it appropriate to lock up or towel and bed sheet around his head. The same aide had pinned her arms across Others have a simple explanation for the her chest. Thorazine was pumped into her tie up a child, or handcuff a child to a lack of attention paid to deaths in mental system. She was deposited in the seclusion desk? Common sense tells us these ex- health facilities. room. treme measures should not ever be ‘‘These are the most devalued, ‘‘It felt like my lungs were being squished used against children with autism or disenfranchised people that you can imag- together,’’ Allen said. Down syndrome or other learning dis- ine,’’ said Ron Honberg, director of legal af- But Lisa Allen was one of the lucky ones. abilities. Yet the truth is there are fairs for the National Alliance of the Men- She survived. tally Ill. ‘‘They are so out of sight, so out of thousands of incidents reported involv- mind, so devoid of rights, really. Who cares The fact of the matter is that today, ing the inappropriate use of seclusion about them anyway?’’ 19 States have no laws or regulations and restraint. Reports by the National Few seemed to care much about Roshelle related to the use of seclusion or re- Disability Rights Network, GAO, and Clayborne at Laurel Ridge, where she was straints in school. Seven States place others reveal that our children are at known as a ‘‘hell raiser.’’ some restrictions on restraint, but do But Clayborne had made one close friend- risk for serious injury and even death ship—with her roommate, Lisa Allen. Allen not regulate seclusions. That’s within in the school setting. remembers showing Clayborne how to throw the 31 that was referred to by Mr. The bill we are considering today a football during afternoon recess on that KLINE. Seventeen States require that outlines minimum standards that must summer afternoon in 1997. selected staff receive training before be included in guidelines issued by the ‘‘She just couldn’t seem to get it right and being permitted to restrain children. Department of Education. States then she was getting more and more frustrated. The rest do not. Thirteen States re- have the flexibility to determine how But I told her it was OK, we’d try again to- morrow,’’ said Allen, who has since rejoined quire schools to obtain consent prior to best to proceed. For the 10 States that her family in Indiana. foreseeable or nonemergency physical already have comprehensive policies, Within three hours, Clayborne was dead. restraints, while 19 require parents to all they need to do is show what they She had attacked staff members with pen- be notified afterwards. Only two States have already done. For the other cils. And staffers had a routine for hell rais- require annual reporting on the use of States, the law will put in motion a re- ers. ‘‘This is the way we do it with Roshelle,’’ restraints. Eight States specifically view of current practices and a chance a worker later told state regulators. ‘‘Boom, prohibit the use of prone restraints or to put in place adequate guidelines. I boom, boom: [medications] and restraints restraints that impede a child’s ability would like to emphasize that these are and seclusion.’’ to breathe. guidelines. These are standards, like After she was restrained, Roshelle I would argue, Mr. Speaker, that as a parents should be notified, that seclu- Clayborne lay in her own waste and vomit government, as a Nation that provides sion and restraints should only be used for five minutes before anyone noticed she massive amounts of education dollars as a last resort, that training needs to hadn’t moved. Three staffers tried in vain to find a pulse. Two went looking for a ventila- across the country, we would never be given to staff. I believe more often tion mask and oxygen bag, emergency equip- countenance racial discrimination or than not staff don’t even know how to ment they never found. gender discrimination by any institu- respond. And I would also like to em- During all this time, no one started CPR. tions that receive those funds. phasize that there is no private cause ‘‘It wouldn’t have worked anyway,’’ The SPEAKER pro tempore. The of action. This bill is not opening up all Vanessa Lewis, the licensed vocational nurse time of the gentleman has expired. these lawsuits. on duty, later declared to state regulators. By the time a registered nurse arrived and Mr. GEORGE MILLER of California. When we send our son Cole to school, began CPR, it was too late. Clayborne never I yield the gentleman 1 additional my husband Brian and I send him with revived. minute. the expectation that he is safe from

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.015 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1057 danger. We entrust him to teachers, lies, and schools that have been af- amendment, ratified in 1971, remem- and principals, and aides. And I know fected by these harmful practices. bered what it was like to be under the that those school personnel have done Just one instance of harmful re- thumb of a distant, all-powerful gov- an outstanding job to keep him safe. straint of our children is one too many. ernment and understood that a one- But this has not been the case for other Unfortunately, there have been hun- size-fits-all approach just doesn’t work. children. dreds of allegations, and some children Since the U.S. Constitution was first Students have been traumatized, in- have even died. Unlike federally funded ratified, the Federal Government has jured, and even died in the classroom. institutions such as hospitals, schools slowly, steadily, and insidiously eroded Ignorance is not bliss for the children have no Federal laws that address min- the notion of States’ rights and our in- who have been harmed. And many imum safety standards in schools. In- dividual liberties. What we need to times parents are not even aware of stead, State laws and regulations vary focus on, as the distinguished ranking these practices. More than anything, I tremendously, which leave our children member talked about earlier, is the want teachers and school administra- vulnerable. Indeed, New Jersey is one strong punishment of those who do tors to have the support for children of the 19 States with no laws or regula- wrong, but not to create costs to the who become anxious and unruly. If tions related to seclusion or restraint local units of government who must they better understand the situation, in schools. It is imperative that we pro- comply with Federal rules and regula- they will know that there are more tect our children and provide them tions, and in addition giving the Fed- positive choices to teach children rath- with a safe place to grow and develop. eral Government authority it should er than using harmful techniques such As a former teacher, I know that not have. This bill is not needed. The States as restraint and seclusion. teachers and other school employees and the localities can handle these sit- Under the Children’s Health Act, cur- have the best interests of the children uations. They will look after the chil- rent law includes these kind of protec- at heart. This legislation can address dren. They are the people closest to the tions for children in public and private the problems of harmful restraints and children that they are serving. They ensure the safety of both children and hospitals, medical and residential fa- will do it. If they don’t do it, the com- cilities. And this bill would add those school professionals. This bill will pro- munity will be up in arms and will re- same protections for our children in vide grants for professional develop- quire them to do that. schools. ment training and also give States and I urge my colleagues to vote ‘‘no’’ on There are some that believe this is an local districts the flexibility to deter- this legislation. unprecedented expansion of Federal au- mine training needs. Our children de- Mr. GEORGE MILLER of California. thority, but I disagree. The Federal serve to learn in a secure, protected en- I yield 3 minutes to the gentleman Government is involved in the schools. vironment, and a Federal solution to from Illinois (Mr. HARE), a member of The Federal Government is the one this problem is long overdue. the committee. that mandated that every child should I urge my colleagues to support this Mr. HARE. I thank the chair. have access to an education, including legislation. Mr. Speaker, I rise today in strong those with special needs. When we en- Mr. KLINE of Minnesota. Mr. Speak- support of H.R. 4247, the Keeping All acted the Individuals with Disabilities er, at this time I am pleased to yield 3 Students Safe Act, and I am proud to Education Act, we committed to ensur- minutes to the gentlewoman from be a cosponsor of this very important ing that children with special needs North Carolina (Ms. FOXX). piece of legislation. have access to a free, appropriate pub- Ms. FOXX. Mr. Speaker, I thank my Mr. Speaker, I want to begin by ac- lic education. This bill ensures those colleague for yielding time. knowledging the sponsor of this bill, children, as well as all students, are No one wants children to be in dan- Chairman MILLER. Because of his com- safe. ger in this country, especially children mitment to protecting students from I urge my colleagues to protect our who are in public institutions designed abuse, our schools are safe havens once children by supporting the Keeping All to serve them. Teachers, principals, again. Students Safe Act. and other school personnel have a re- Mr. Speaker, restraint and seclusion Mr. GEORGE MILLER of California. sponsibility to ensure the environment in schools is often unregulated and is Mr. Speaker, I yield myself 10 seconds. is maintained at all times. In many too frequently used for behaviors that I thank the gentlewoman from Wash- cases, it is vitally important, though, do not pose danger to the children or ington. I don’t believe she was in the that teachers and classroom aides use others. These emergency interventions Chamber at that time, but I want to interventions and supports that are are also disproportionately used on again thank her, while she is here, for both physically and emotionally safe some of our most vulnerable students, all of her work and all of her effort to for the child. children with disabilities. Today Fragile X advocates, including bring this bill to the floor. I enjoyed What the bill before us fails to recog- my constituent, Holly Roos, are here working with her. nize is that 31 States currently have to lobby Congress to pass H.R. 4247. At this time I would like to yield 2 laws and regulations in place that gov- Holly’s son Parker was diagnosed with minutes to the gentleman from New ern the use of seclusion and restraints Fragile X Syndrome, the most common Jersey (Mr. SIRES). in schools. An additional 11 have poli- known cause of inherited mental im- Mr. SIRES. Mr. Speaker, I rise today cies and guidelines in place, and in pairment in the world. I met with in strong support of H.R. 4247, the some cases school districts may also Holly today, and she is concerned that Keeping All Students Safe Act. I would have their own guidelines governing Parker, her son, was inappropriately like to thank Chairman MILLER as well the use of such practices in the class- restrained at school because he seemed as the members and staff of the Edu- room. to be exhibiting aggressive behavior cation and Labor Committee for their In addition, the Federal Government after a possible seizure. leadership on this crucial piece of leg- has no reliable data on the prevalent Mr. Speaker, Parker is a real life ex- islation. use of harmful seclusion and restraint ample that speaks to the importance of Last year, Chairman MILLER re- techniques in public and private adopting minimum safety standards for quested that the GAO investigate alle- schools and whether they result in the use of restraint and seclusion in gations of abuse in schools. The GAO child abuse. It is my belief that State our schools. report revealed many cases of abuse and local governments can identify Mr. Speaker, I am pleased that this and harmful restraint, and most of student needs and determine the most bill also makes an investment in posi- those cases involved children with dis- appropriate regulations better and tive behavior supports, an evidence- abilities. Additionally, the GAO report more efficiently than the Federal Gov- based approach designed to create a found that no Federal agency or other ernment. positive school climate that reinforces entity collects comprehensive informa- Our Founding Fathers knew what good behaviors and supports academic tion on these practices that occur in they were doing when they assembled achievement. My State of Illinois has our schools. Without consistent data the U.S. Constitution and the protec- effectively reduced the majority of be- collection, it is impossible to calculate tions it guarantees, specifically the haviors which resulted in the use of se- an accurate number of children, fami- 10th amendment. The authors of this clusion and restraint by implementing

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.045 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1058 CONGRESSIONAL RECORD — HOUSE March 3, 2010 this preventative approach throughout could take up in here. But the czar of ternatives available to traditional the school system. Safe and Drug-Free Schools has an- forms of restraint and seclusion. This bill ensures our schools are safer other agenda. It is the promotion of ho- I’m grateful to my friends in the au- and more effective learning environ- mosexuality within our schools. tism advocacy community, including ments. I urge all my colleagues to vote Kevin Jennings has spoken in a fa- Autism Speaks and the Greenwich- for H.R. 4247. vorable way about Harry Hay, who was based Friends of Autistic People, for Mr. KLINE of Minnesota. Mr. Speak- on the cover of NAMBLA magazine, the their tireless work on this issue. Chil- er, I am pleased to yield now 3 minutes North American Man/Boy Love Asso- dren with autism deserve the same to the gentleman from Iowa (Mr. KING). ciation magazine. Kevin Jennings said rights available to all children, a free Mr. KING of Iowa. I thank the gen- of Harry Hay that he is always inspired and appropriate education, safety and tleman from Minnesota for yielding, by Harry Hay. Additionally, some of dignity. This bill is a step in the right and I appreciate the stance that he is these things, Mr. Speaker, I am just direction, and I urge my colleagues to taking on this bill, H.R. 4247. not going to say into the record. If I support it. First, Mr. Speaker, I would say a did so, I imagine somebody, at least on Mr. KLINE of Minnesota. Mr. Speak- couple of words about the 10th amend- my side of the aisle, would move to er, before I yield to the gentleman from ment and those rights that are re- take my words down. Some of it is that Texas, I would like to yield myself a served for the States or to the people revolting. And this is the Safe and minute. respectively. What are the States doing Drug-Free Schools czar, who has My friend from Illinois was just here. wrong? How is it that the States, that crossed the line over and over again, I’m sorry that he left. He underscored now 31 of them have some type of con- made a complete career about advo- for me one of the many problems with trolling legislation, another 15 States cating for homosexuality in our this legislation. It turns out that Illi- are taking a look at this, that adds up schools, much of it in our elementary nois is one of those States that actu- to 46 States that could potentially schools. This is the man that the Presi- ally has a very strong seclusion and re- have this resolved each in their own dent of the United States has ap- straint law. They passed it in 2001. It fashion, what is the crisis that requires pointed as the Safe and Drug-Free went into effect in 2002; and in 2006, Uncle Sam to step in and ignore the di- Schools czar. there was an incident, one of those re- rect guidance in the 10th amendment of Mr. GEORGE MILLER of California. ported by the GAO, where a teacher re- the Constitution itself? I yield 2 minutes to the gentleman stricted a child inappropriately. The So I am going to stand on the States’ from Connecticut (Mr. HIMES). teacher was prosecuted, found guilty, rights side. And if I were in one of Mr. HIMES. Mr. Speaker, I rise in and yet I find it interesting that even these States, and if this legislation support of H.R. 4247, the Keeping All today, or the last look that we had at were to pass, my response would be to Students Safe Act. Children with au- this, she still has a teacher’s certifi- the Federal Government, Keep your tism, many of whom are nonverbal or cate to be a substitute teacher in Illi- money. We don’t need these strings at- have other communications challenges, nois, something which this bill doesn’t tached, because it is one thing after an- are especially vulnerable to dangerous address either. We need to get these other after another after another. And interventions at school by staff who teachers out of the teaching business. pretty soon it is a national curriculum can at times be ill-prepared to deal It just makes a point that when you with Federal mandates and imposing with unique behavioral issues. pass a law, it doesn’t automatically cultural impositions at the school level I sat recently with a constituent keep kids safe. You have got to enforce in every accredited district in the from Greenwich, whose autistic daugh- that law. You’ve got to educate folks, country. ter suffered terrible isolation and trau- and you’ve got to have people locally And one of the cases in point will be, ma in her school years, and who herself take an active interest. if this is about keeping our students founded a group of volunteer advocates At this time, I yield 3 minutes to the safe, if this is about the Keeping All whose sole mission is to prevent other gentleman from Texas (Mr. GOHMERT). Students Safe Act, which is the title of autistic children from suffering these Mr. GOHMERT. I thank the gen- it, then we ought to take a look at the same abuses. tleman from Minnesota. President’s czar. The President has ap- The GAO study cited by my col- Truly, the examples that were given pointed a Safe and Drug-Free Schools leagues included stories which shock here today of children who have lost czar. His name is Kevin Jennings. I the conscience: a 7-year-old who died their lives, children who have suffered don’t know what Kevin Jennings says after being held face down for hours by is untenable. There is nobody in this about this particular bill, but if he is school staff, and 5-year-olds allegedly body that I can imagine who would appointed to this task, I would think being tied to chairs with bungee cords think this is appropriate. Of course it he would have been the person that tes- and duct tape by their teacher and suf- is not. Our hearts go out to the fami- tified before the hearings. But I suspect fering broken arms and bloody noses. lies, all of us who have raised children, that the President of the United States These could have been your children or had children go through school. I have isn’t interested in having Kevin Jen- mine. a great fear of something like that. nings come before the cameras here in This legislation is an important step But there was also a fear that our the United States Congress because he toward ending inhumane treatment of Founders had. There was a fear of even has made a totality of his life about children with autism and other disabil- coming together for the Constitutional promoting homosexuality within the ities who, like all students, should be Convention because they were afraid schools, and much of it at the elemen- able to trust their educators and feel that it would allow for a Constitution tary school level. completely safe in their school envi- that would set in motion a Federal He has written a foreword in a book ronments. Government that would continue to called Queering Elementary Education There are, of course, rare and ex- take away the powers of the people in in a favorable fashion, which aims to treme emergencies where it may be the local government and the State indoctrinate elementary students with necessary to physically intervene. But government. So the only way they homosexuality. Additionally, Kevin we affirm today, Mr. Speaker, that any were able to come together on this Jennings has written several other behavioral intervention must be con- Constitution was to assure the people books. One of them is Mama’s Boy, sistent with a child’s right to be treat- there that if they would pass the Con- Preacher’s Son, where he describes his ed with dignity and to be free from stitution, they would put together 10 own use of illegal and illicit drugs, and abuse. amendments to make sure that the written about it in a cavalier fashion. Federal Government would never do He has not retracted those statements. b 1515 the very things we’re doing here. If he is going to be about safe and With the help of this bill, teachers There is no State that would put up drug-free schools, there should be and school personnel will be trained with this knowingly. Every State something he had to offer about safety regularly, and parents will be kept in- would say, This is ridiculous; of course for kids and drug-free for kids. That formed on the policies which keep our we don’t want children killed in school. could possibly be something that we schools orderly and safe and on the al- But what gets me is during my first 2

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.046 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1059 years here when we were in the major- In another instance, five children, We are saying that basically State ity in this body, I was one of the few ages 5, 6 and 7, were gagged and duct legislators believe that their kids Republicans that said No Child Left taped for misbehaving in another should be tied up, mouths taped, they Behind is not appropriate. And I was school. At a school in my State of New should be abused, and they’re too igno- joined by many across the aisle who York, a 9-year-old child with a learning rant to fix this. Since when do we get said the Federal Government shouldn’t disability was put in a time-out room to always determine the speed and kind have a program like No Child Left Be- for hours on end for whistling, slouch- of satisfactory level of intervention hind. You don’t know more here in ing and hand waving. The child’s hands that a State does, particularly since we Washington than people know back in became blistered when he tried repeat- don’t have the data to prove our case? the school districts. And I appreciated edly to escape the room described as Thirdly, it doesn’t exempt private the support of my colleagues across the smelling of urine. Finally, the com- schools. Even though there is no direct aisle. I told that to the White House. mittee heard the case of a 14-year-old funding from the Federal Government, That’s an area we are going to disagree boy who, because he did not stay seat- we have to have some kind of a clause on because you should not be man- ed in class, was restrained by his teach- or a hook that the Federal Government dating back to the States and the local er. The 230-pound teacher put the boy is going in and taking over this since governments and the local school face-down on the floor and lay on top, they would be covered by State law on boards, because they are competent. restricting his breathing and ulti- human rights or student rights cases. I know that it’s not the intent of this mately suffocating him. At the time Private schools generally don’t even bill, but the underlying message is, the committee heard this testimony, get direct funding or indirect funding, You people back in your States and the teacher was still teaching in the although some do. And about half of local school boards and local govern- suburbs of Washington, D.C. the private, independent schools would ments are a bunch of morons. You This is the kind of restraint and se- fall under that hook, and the danger, of can’t figure out that sitting on a pre- clusion we’re saying cannot be used. course, is that it could be broader. Lastly, the bill fails to clarify or de- cious little child and killing them is We cannot allow this neglect and abuse lete language that may open States inappropriate. So the big, smart Fed- of our Nation’s children to continue and school districts up to additional eral Government has to come in and let one more day. Please support this bill litigation. In other words, adverse be- you know that that’s not appropriate. to keep our students and our schools havioral interventions that com- We don’t need that. We didn’t need No safe. promise health and safety is undefined Child Left Behind as a mandate Mr. KLINE of Minnesota. Mr. Speak- er, can I inquire as to the amount of and would have to be litigated. rammed down the throats of the State But I want to come back to a basic and local government. We don’t need time remaining on each side? The SPEAKER pro tempore. The gen- thing. Number one is, What is the con- this. We need logic and reason, and we tleman from Minnesota has 13 minutes stitutional justification? We have this need proper schooling; but it doesn’t left, and the gentleman from California debate in education a lot that things come at the tip of a fisted mandate has 12 minutes left. are reserved to the States that aren’t from Washington. Mr. GEORGE MILLER of California. given to the Federal Government. Now We need to encourage the States to If I might just yield to myself to re- we’re going to a second degree in the do the right thing. But under the 10th spond to the inquiry. We have Mr. education. Now maybe this comes Amendment, the power is not delegated LANGEVIN who is waiting to speak, and under the clause that says, If States to the United States by the Constitu- I think Mrs. MCCARTHY is on her way. don’t move as fast as we would like tion nor prohibited by it to the States Mr. KLINE of Minnesota. I will be them to, then we can intervene and or reserved to the States. We doggone yielding to Mr. SOUDER momentarily, take over their jurisdiction. Maybe it sure ought to respect that. and then I will close. comes under the clause that as we get Mr. GEORGE MILLER of California. Mr. Speaker, at this time I am very emotionally upset about something, I yield 2 minutes to the gentleman pleased to yield 5 minutes to the gen- and we’re emotionally moved about a from New York (Mr. TONKO). tleman from Indiana (Mr. SOUDER). case we saw on TV, therefore the Fed- Mr. TONKO. I thank the gentleman Mr. SOUDER. I thank our distin- eral Government and Congress have a from California for his leadership on guished ranking member, Mr. KLINE, right to take it over. this measure. and our chairman, Mr. MILLER. It is truly tragic in thinking that Mr. Speaker, I rise today in support This is one of these bills you kind of we’re the only ones to address this. We of H.R. 4247, the Keeping All Students go, Well, how could you possibly favor had a clause, after the Republicans had Safe Act. This bill is aimed at restrict- tying kids up and putting tape across first taken over Congress, that we were ing some of the most abusive practices them or letting people abuse them? trying to put in and had in, briefly, still employed in certain schools That isn’t what this is really about. I that says, Put the constitutional jus- around the country: negligent restraint am going to make four basic points, tification of why this is uniquely the and abusive seclusion. which I know we have been making all problem of the Federal Government Last spring, the Education and Labor afternoon, but there is no harm with and how the Constitution, in effect, Committee heard testimony from the repetition because they are important. justifies that intervention. And gen- Government Accountability Office, One, there is no reliable data on how erally speaking, what we saw was, Pro- which investigated the use of these much use there is of these techniques. mote the general welfare. Promote the practices in schools. What the GAO We’ve heard all sorts of individual hor- general welfare. Promote the general found was stunning. There were many ror stories that my sociology prof used welfare. Promote the general welfare. instances of serious injury and abuse to call ‘‘my Aunt Annie stories.’’ We Now, Thomas Jefferson said that this and even some accounts of death. Even have some real cases of abuse that need clause, in a letter which I believe was more troubling to me, as a strong sup- to be addressed. We have others of a to Madison, was the most pernicious, I porter of disability rights in special wide variety. I, for example, would believe was the word he used, clause in education, was that many of the vic- abhor most of them. I don’t find being the Constitution and it would be tims were students with intellectual made to stand in a corner quite the abused by future generations to justify disabilities. same as some others might, but I think Federal intervention wherever they This bill is meant to protect our there is a wide range. We need to know felt they wanted to intervene and that most vulnerable students against the how many of these are serious, how ultimately, unless that ‘‘promote the worst kinds of abuse. The committee many of these justify intervention, and general welfare’’ was restrained by heard about a 4-year-old girl with cere- how many of them are things where Congress itself and by the courts, that bral palsy and autism who was re- there is a difference of opinion. It also Congress would intervene on a regular strained in the chair with leather fails to acknowledge in this bill that 31 basis, and ultimately everything that straps for being uncooperative at States have had this, and this is a one- is reserved for the States would be at school. The girl suffered bruises and size-fits-all, and that many other the Federal level. was later diagnosed with post-trau- States who don’t have it are doing it. I believe there are times, such as in matic stress disorder. This is the ultimate arrogance. civil rights cases, where there were

VerDate Nov 24 2008 01:30 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.048 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1060 CONGRESSIONAL RECORD — HOUSE March 3, 2010 clear, systemic, systematic, multigen- I wanted to touch on a couple of lieve that we do not protect schools by erational interventions that we needed things that we have talked about in empowering trial lawyers. to get in; that many times those who the course of this debate that I find to For all of these reasons, I continue to were more States’ rights-oriented de- be interesting. We have heard an ap- oppose H.R. 4247. Through hearings and fended their positions based on States’ peal from one of the Members here on public outreach, Members of Congress rights. the floor, I think it was the gentleman have successfully spurred a national But what we’re looking at today is from Illinois, who said he was applaud- dialogue about the dangers of these insufficient data. We’re looking at the ing this evidence-based approach. And strategies for controlling student be- States actually addressing it. Thirty- yet we have heard other Members say havior. That dialogue is a positive step, one States have addressed it. A number we have insufficient data. I must admit as is the action it has prompted at the of others—the bulk of the rest of them that I fall in the latter category. We State and local level. Let’s not discard actually have laws up at this time. And really don’t know the extent of the sit- the work of these States and districts. I see no reason, no compelling evidence uation. Mr. Speaker, I yield back the balance of why we need to do this as opposed to We have heard the numbers quoted. of my time. the State legislators. I see no compel- California, for example, is quoted as Mr. GEORGE MILLER of California. ling constitutional justification for it. having 14,000 incidents. We really don’t Mr. Speaker, I yield myself the balance And I believe that Thomas Jefferson, know what is in those 14,000. These in- of my time. were he here, would call this a per- clude emergency interventions. So we Mr. Speaker, the argument against nicious use of promoting the general don’t know if that’s the case of a this legislation is that somehow 31 welfare even though the end-all in the teacher breaking up a fight or stopping States have taken care of this problem hearts of the people who are doing this an argument. It is certainly not 14,000 and that we all share the concern. The are motivated for the right reasons. cases of taping children to their chairs, facts are that 31 States have not taken They care about the safety of the kids. and I don’t think anybody in this body care of this problem. As we pointed They’re worried about whether kids are believes that is the case. out, in a number of States, it only goes going to be harmed in the schools, and But the point is we don’t know. We to one particular population in that we all are, and so, quite frankly, are don’t know, and yet we are using num- school, in that setting, or to an age State representatives and State sen- bers as though they were gospel. bracket, or to just reporting, what ators. Look, on this issue let’s start with have you. These are not laws that are Mr. GEORGE MILLER of California. what we agree on. We agree students designed to protect these children in I yield 3 minutes to the gentleman and teachers should be safe at school. this situation. from Rhode Island (Mr. LANGEVIN). We agree children with disabilities are Illinois has been cited. Illinois is (Mr. LANGEVIN asked and was given especially vulnerable because they may very close to what you would like to permission to revise and extend his re- struggle with behavioral and commu- see have happen, and they have spent a marks.) nication problems that are difficult for lot of effort trying to do that. Mr. LANGEVIN. I thank the gen- teachers to control. As a result, chil- But in my own State, we talk about tleman for yielding. the 14,000. When you ask the person re- Mr. Speaker, I rise in support of H.R. dren with disabilities have been more sponsible for this, they say, We don’t 4247, the Keeping All Students Safe likely to be restrained or placed in se- use the data. So is that sufficient for Act. As a cosponsor, I am certainly clusion when, in many cases, positive pleased that for the first time this bi- behavioral interventions could be much Members of Congress? California has partisan legislation will protect all more successful and pose a lower risk ‘‘addressed the problem’’? Yes, they children in schools from harmful uses to students. collect data that they refuse to charac- of restraint and seclusion. We also agree that teachers must be terize or do anything else with. The need for this legislation was able to protect students with serious Paige could have been in that data. highlighted by a recent GAO report behavioral problems from injuring She could have been one of those 14,000. that found hundreds of cases of school- themselves or their classmates or their So I think we have to understand. I children being abused as a result of in- teachers. appreciate there is a difference here appropriate uses of restraint and seclu- The only real disagreement, outside about the approach. But as Mr. sion, often involving untrained staff. some dispute over the data and the evi- COURTNEY pointed out, in 1998 we had a One of these cases included a locked dence and the GAO report, and I find national discussion, an expose of many isolation room in a school basement at the GAO report particularly inter- of the same behaviors that are going on a school in Rhode Island, my home esting because it cited 10 incidents of today, it is 12 years later, and children State. This room was used to restrict a really egregious behavior in seclusion are still being abused, dramatically student who was deemed overly aggres- and restraint. Of course, one of those abused. Restraint and seclusion is sive and another who showed undesir- incidents was 18 years ago, two were 12 being dramatically misused. It is being able behavior. years ago, and the most recent was 4 used by people who don’t know what to Well, this bill will provide the proper years ago. It just seems to me, when we do in that situation. They have not guidance to ensure that our schools are going to enact this kind of legisla- been trained. and educators are treating children ap- tion, this sort of Federal overreach, in I find it interesting that the school propriately. I have been a strong advo- my judgment, we ought to have better boards who have to live with this prob- cate in Congress to educate colleagues data. lem on an everyday basis support this on the value that individuals with de- So our only real disagreement is who legislation. The classroom teachers velopmental disabilities can bring to should address the use of seclusion and who have to live with this on an every- society with the right system of sup- restraint in schools. I believe States day basis support this legislation. Peo- port. The bill that’s before us today and local school districts have an obli- ple who are on the front lines want this represents an important step in ensur- gation to keep their classrooms safe. I legislation passed because it will bring ing that these children are treated fair- have seen real progress from the 46 them greater understanding, greater ly and given the opportunities they de- States that have or will soon have knowledge, greater skill, and greater serve to succeed in school. I look for- their own policies to train teachers on training to deal in these situations. An ward to continuing working together how to handle difficult behavior and to understanding, yes, there are situa- on our work to make sure that our ensure seclusion or restraints are only tions where, in an emergency case, children with developmental disabil- used to protect children from harming where there is a danger to the indi- ities receive the care that they need to themselves or others. vidual student or to others, that this reach their full potential. I believe the Federal Government has may be proper. But it also takes train- historically limited its reach into pri- ing to understand that and how you use b 1530 vate schools, and it would be a mistake it. Mr. KLINE of Minnesota. Mr. Speak- to start applying new Federal man- I refuse to believe that was the 14,000 er, I yield myself the balance of my dates to independent schools that do incidents in California, that each one time to close. not receive taxpayer funding. I also be- of those was an emergency, dangerous

VerDate Nov 24 2008 01:38 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.049 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1061 situation. They may say it is an emer- I urge my colleagues to vote for this I plan to introduce legislation in the next few gency, but in California they don’t de- legislation. weeks to ban the use of corporal punishment scribe what an emergency is. So com- Mrs. MCCARTHY of New York. Mr. Speak- in schools and look forward to hearings in the pliance with current law all across this er, first, I want to applaud Chairman MILLER on Committee on this topic. country is not a big deal. It is not this important, bipartisan bill. In the meantime, I urge all my colleagues to doing much for the families of these As we know, the use of seclusion and re- support this bill. children. It is not doing much to pro- straint has resulted in harm to schoolchildren, Mr. DAVIS of Illinois. Mr. Speaker, I rise in tect these children. and also death in some cases. strong support of H.R. 4247, the Keeping All That is why we move. We move with This is wrong, and I am glad we are taking Students Safe Act. At the outset, let me thank some minimum standards about taping this important step to change it. Chairman MILLER, Congresswoman MCCAR- children, mechanical restraints of chil- I am proud to have been one of the first co- THY, Congresswoman MCMORRIS RODGERS, dren, about secluding very young chil- sponsors of the bill. and Congressman PLATTS for their leadership dren in darkness for hours at a time, I also want to thank the Committee for work- on this bill. maybe repeatedly for days on end. You ing with me to include a technical change im- Last year, the Committee on Education and should not be able to do that. portant to New York. Labor held a hearing that examined the dis- We have other investigations in the The definition of Chemical Restraint would turbing and shocking use of restraint and se- committee where the simple with- have required that only a ‘‘licensed physician’’ clusion in schools. The hearing made clear drawal of water has killed children be- be allowed to administer any medication pre- that federal and state officials have little infor- cause of dehydration. So we ought not scribed by the physician for the standard treat- mation about the frequency, nature, or effec- to withdraw water here. We ought to ment of a student’s medical condition. tiveness of these potentially-deadly practices not withdraw food as a means of pun- However, in New York and other states, we in educational settings. Witnesses expressed ishment. We ought not deny them the allow health professionals other than physi- concerns that certain groups of children and use of the bathroom facilities. We cians, such as nurse practitioners, to prescribe youth—especially those in special education— ought not have them in a situation drugs. may be at heightened risk to experience these where they are soiling themselves in I am glad we have been able to correct the interventions. The hearing further presented front of their classmates, where they bill to allow states this flexibility. numerous studies, including one by the Gov- are humiliated, where circles are drawn While I am happy the House is moving ernment Accountability Office, documenting around their chair and they sit in the ahead on this important bill, I want to say a the need to restrict these practice to emer- classroom tied down by duct tape, word about the issue of corporal punishment— gencies, provide staff training, and report data while they are humiliated and pointed that is hitting of children in schools. Each year about which students experience these prac- at by the teacher. These are 4- and 5- in the United States, hundreds of thousands of tices. and 6-year-old kids. None of us would Given that minority students are dispropor- schoolchildren in twenty states are hit in public stand for this with our children or our tionately referred to special education and schools according to the Department of Edu- grandchildren, not for a minute. But given that minority students are disproportion- cation. many of these parents are never noti- ately suspended and expelled, a number of However, thirty, including my state of New fied that this is happening to their my colleagues within the Congressional Black York, states have appropriately banned this children. Many of the grandparents are Caucus and I have serious concerns that mi- practice. never notified that this is happening to nority children disproportionately experience Often this is called ‘‘paddling’’ and the stu- a child that they were caring for. Many these harmful and sometimes deadly restraint dent is struck with a wooden paddle, which of the foster parents are never notified and seclusion practices. Given our concerns, can result in bruises, other medical complica- that their children are in danger, in we asked Chairman MILLER to lead a federal tions that may require hospitalization. peril. Think about it. Just put the vi- effort to document these practices and limit Just as with seclusion and restraint, pad- sion of your child, your grandchild, abuses. This bill provides such leadership. dling can cause immediate pain, lasting phys- your next-door neighbor child in this Passage of this important legislation will help ical injury, and on-going mental distress. picture. regulate the use of seclusion and restraint, fur- Gross racial disparity exists in the hitting of And you want to say, We have ad- ther document its use, and eventually elimi- public school children. dressed it; the States have addressed it; nate the use of abusive restraint and seclusion Further, public school children with disabil- there is no role for the Federal Govern- through appropriate training. ment. Well, who the hell is going to ities are hit at approximately twice the rate of H.R. 4247 provides basic protections for step in and protect these children? the general student population in some States. students within schools while still giving states They can’t do it themselves. Corporal punishment is associated with in- and local districts the flexibility to tailor policies This may not be perfect, but we creased aggression in the punished child, and procedures to meet their needs. This bill ought to take this step to put us on physical and emotional harms, and higher provides a balanced approach. It recognizes record that we are prepared to do rates of drop out, suspension, and vandalism that there are times when danger is imminent something to end this practice, this of school property. and when restraint may be necessary. It also abuse, this torture, of very young chil- The federal government has outlawed phys- recognizes that seclusion and restraint are not dren, in many instances children with ical punishment in prisons, jails and medical educational services or therapeutic treatments disabilities, children who are unable to facilities. and, consequently, should be administered by communicate in an effective fashion. Yet our children sitting in a classroom are trained personnel and should be monitored. Just think about that. Think about targets for hitting. The Keeping All Students Safe Act is bipar- your family. You don’t have to take We know safe, effective, evidence-based tisan legislation that provides overdue federal this to the abstract. These children strategies are available to support children leadership to document and regulate these cannot defend themselves against this who display challenging behaviors in school techniques and to eliminate abusive tactics. practice, and their parents can’t speak settings. Mr. TERRY. Mr. Speaker, I rise today to op- for them if they don’t know. These Hitting children humiliates them. pose H.R. 4247, the ‘‘Keeping All Students children can’t control themselves if Hitting children makes them feel helpless. Safe Act.’’ they are denied the use of a bathroom Hitting children makes them feel depressed. I have spoken with officials from the Ne- facility. Hitting children makes children angry. braska Department of Education and super- That is what this legislation is Hitting children teaches them that it is a le- intendents in my District and the overwhelming about. It is about whether or not we gitimate way to handle conflict. conclusion that I reached was that my local are going to take this step, whether or We are adults. school districts are doing a good job of dealing not this step is important, and I do not We shouldn’t be hitting kids in schools. with student discipline. The guidelines and believe that you can nullify this by One of my other concerns is that by placing procedures that are now in place are intended suggesting that somehow because 31 restrictions only on seclusion and restraint and to keep every student safe in the school envi- States have done something, that this allowing hitting to continue, we may be en- ronment. problem need not be addressed, need couraging hitting. Like many states, Nebraska makes any not have our attention. We cannot do Instead, we, as a nation, should move to- form of corporal punishment illegal and teach- this to these children and these fami- ward these alternative strategies when it ers or staff can be disciplined for unpro- lies. comes to our schoolchildren. fessional behavior or even be terminated for

VerDate Nov 24 2008 02:46 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MR7.052 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1062 CONGRESSIONAL RECORD — HOUSE March 3, 2010 any verbal or physical abuse of a student. Page 9, line 13, insert ‘‘local educational ‘‘SEC. 13. PRESUMPTION OF CONGRESS RELAT- Based on the information provided by my agency,’’ before ‘‘educational service agen- ING TO COMPETITIVE PROCEDURES. ‘‘(a) PRESUMPTION.—It is the presumption school officials, there has not been any signifi- cy’’. Page 10, line 22, insert ‘‘training in’’ before of Congress that grants awarded under this cant problems with the treatment of students ‘‘evidence-based’’. Act will be awarded using competitive proce- in my district. Therefore, I really do not see Page 11, line 1, insert ‘‘training in’’ before dures based on merit. the need for this legislation. It will become just ‘‘evidence-based’’. ‘‘(b) REPORT TO CONGRESS.—If grants are one more federal intrusion into our local edu- Page 11, line 9, insert ‘‘training in’’ before awarded under this Act using procedures cation systems. ‘‘first aid’’. other than competitive procedures, the Sec- Mr. CONYERS. Mr. Speaker, today I rise to Page 14, line 15, strike ‘‘and local edu- retary shall submit to Congress a report ex- plaining why competitive procedures were commend Chairman MILLER and Congress- cational agencies’’ and insert ‘‘, in consulta- tion with local educational agencies and pri- not used. woman MCMORRIS RODGERS for their work vate school officials,’’. ‘‘SEC. 14. PROHIBITION ON EARMARKS. and dedication on this issue. We all want our The SPEAKER pro tempore. Pursu- ‘‘None of the funds appropriated to carry children to have the highest quality education out this Act may be used for a congressional and educational experience available. That ant to House Resolution 1126, the gen- earmark as defined in clause 9e, of Rule XXI cannot happen in an environment where stu- tleman from California (Mr. GEORGE of the rules of the House of Representatives dents, paraprofessionals, teachers and admin- MILLER) and a Member opposed each of the 111th Congress.’’. istrators are not safe. will control 5 minutes. The SPEAKER pro tempore. Pursu- This bill establishes standards that will en- The Chair recognizes the gentleman ant to House Resolution 1126, the gen- sure that those in classroom settings are safe from California. tleman from Arizona (Mr. FLAKE) and a and will prevent and reduce inappropriate re- Mr. GEORGE MILLER of California. Member opposed each will control 5 straint and seclusion by establishing minimum Mr. Speaker, I yield myself 2 minutes. minutes. safety standards in schools, similar to protec- The manager’s amendment makes The Chair recognizes the gentleman tions already in place in hospitals and non- minor technical corrections and clari- from Arizona. medical community-based facilities. By estab- fications. It renames the bill Keeping Mr. FLAKE. Mr. Speaker, I yield my- lishing minimum standards for situations that All Students Safe Act. The amendment self such time as I may consume. require the seclusion of students, this bill of- adds clarifying language to the defini- This amendment is noncontroversial fers support to the nineteen states that have tion of ‘‘chemical restraint’’ to exclude in nature. Section 7 of the bill would no standards set for such situations. medications prescribed and adminis- create a new discretionary grant pro- Special education students are at a higher tered by qualified health professionals gram to assist State education agen- risk of being harmfully restrained. Because mi- acting under State law. It fixes the def- cies in meeting the regulations estab- nority children are disproportionately placed in inition of ‘‘school’’ to include all lished in the bill, collecting and ana- special education, this bill will offer them pro- schools and programs under the juris- lyzing data, and implementing the tection against harmful actions such as being diction of the local educational agency. schoolwide positive behavior support denied food in order to punish or preempt be- It clarifies language describing ‘‘State- approach. This grant program is to be haviors. By setting minimum standards that approved crisis intervention training funded out of the authorization pro- apply to the whole student body, H.R. 4247 program,’’ and the amendment requires vided in the bill for such sums as nec- protects students without singling out anyone States to consult with private school essary. or placing a stigma on a child or a group of officials on determining that a suffi- While State agencies will have to children. cient number of personnel are trained apply for these grants, it is unclear if I am sensitive to the concerns of those who to meet the needs of the student popu- the grants will be awarded on a com- worry that they may lose the ability to imple- lation. petitive basis or a merit-based ap- ment certain behavioral interventions. I wish to I reserve the balance of my time. proach. continue this discussion with an eye toward Mr. KLINE of Minnesota. Mr. Speak- We have seen in the past, unfortu- further improvements in safety. This bill’s par- er, I rise to claim the time in opposi- nately, when these grant programs ent notification provision is a positive step to- tion, although I will not oppose the have been established, even if it is stip- wards a continual dialogue between edu- amendment. ulated that they should be competitive cational stakeholders that we in Congress can The SPEAKER pro tempore. Without or merit based, oftentimes later Mem- participate in. To those who have expressed objection, the gentleman from Min- bers of Congress will come in and ear- concern over this bill, I want you to know that nesota is recognized for 5 minutes. mark funds directly, and some of these this bill is part of the on going conversation There was no objection. accounts we have for competitive grant about students’ safety in school and does not Mr. KLINE of Minnesota. I yield my- programs, merit-based grant programs signal the end of our efforts to protect stu- self such time as I may consume. are completely earmarked just a few dents. I agree with the chairman. This is a years later, so organizations and indi- The SPEAKER pro tempore. All time technical amendment. It changes the viduals, nonprofit agencies or State for debate on the bill, as amended, has short title of the bill and some other agencies can’t even compete for them expired. technical and clarifying changes to the because all of that money has been ear- AMENDMENT OFFERED BY MR. GEORGE MILLER bill. While I still cannot support the marked. OF CALIFORNIA underlying bill, we have no objection We need to look no further than Mr. GEORGE MILLER of California. to this. I will vote for it and encourage FEMA’s National Pre-Disaster Mitiga- Mr. Speaker, I have an amendment at my colleagues to vote for it. tion Program. It was a competitive the desk. I yield back the balance of my time. grant program designed to ‘‘save lives The SPEAKER pro tempore. The Mr. GEORGE MILLER of California. and reduce property damage by pro- Clerk will designate the amendment. I yield back the balance of my time. viding for hazard mitigation planning, The text of the amendment is as fol- The SPEAKER pro tempore. The acquisition, and relocation of struc- lows: question is on the amendment offered tures out of the floodplain.’’ Again, Amendment printed in part A of House Re- by the gentleman from California (Mr. this was going to be a competitive port 111–425 offered by Mr. GEORGE MILLER of GEORGE MILLER). grant program. The fiscal 2010 Home- California: The amendment was agreed to. Page 3, beginning on line 4, strike ‘‘Pre- land Security appropriation bill appro- venting Harmful Restraint and Seclusion in AMENDMENT OFFERED BY MR. FLAKE priated $100 million for this program. Schools Act’’ and insert ‘‘Keeping All Stu- Mr. FLAKE. Mr. Speaker, I have an Almost $25 million of that was ear- dents Safe Act’’. amendment at the desk. marked for projects in Members’ home Page 7, line 3, insert ‘‘, or other qualified The SPEAKER pro tempore. The districts, leaving fewer funds available health professional acting under the scope of Clerk will designate the amendment. for localities that wished to legiti- the professional’s authority under State mately apply for the funding. law,’’ after ‘‘physician’’. The text of the amendment is as fol- Page 7, line 7, insert ‘‘or other qualified lows: A grant program to establish the health professional acting under the scope of Amendment printed in part B of House Re- Emergency Operation Center estab- the professional’s authority under State port 111–425 offered by Mr. FLAKE: lished by Congress in the fiscal 2008 law’’ after ‘‘physician’’. Add at the end the following: Homeland appropriation spending bill,

VerDate Nov 24 2008 01:38 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.036 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1063 60 percent of the funds in that grant Cao Hill Mollohan Speier Tiahrt Waxman program were earmarked. Capito Himes Moore (KS) Spratt Tiberi Weiner Capps Hinchey Moran (KS) Stark Tierney Welch Again, these are grant programs that Capuano Hirono Moran (VA) Stearns Titus Westmoreland are typically set up to be competi- Cardoza Hodes Murphy (CT) Stupak Tonko Whitfield tively bid on for the agencies to assess Carnahan Holden Murphy (NY) Sutton Towns Wilson (OH) Tanner Tsongas on a merit-based basis, and yet they Carney Holt Murphy, Patrick Wilson (SC) Carson (IN) Honda Murphy, Tim Taylor Upton Wittman Teague Van Hollen are earmarked. Carter Hoyer Myrick Wolf Terry Vela´ zquez So this amendment would simply say Cassidy Hunter Nadler (NY) Wu Castle Inglis Napolitano Thompson (CA) Visclosky none of the funds available or author- Yarmuth Castor (FL) Inslee Neal (MA) Thompson (MS) Walden Young (AK) ized by this legislation would be avail- Chaffetz Israel Neugebauer Thompson (PA) Walz Young (FL) able to be earmarked. Chandler Issa Nunes Thornberry Watson I reserve the balance of my time. Childers Jackson (IL) Nye NAYS—24 Mr. GEORGE MILLER of California. Chu Jenkins Obey Clay Johnson (GA) Olson Brown, Corrine Fudge Moore (WI) Mr. Speaker, I rise to claim the time in Coble Johnson (IL) Olver Clarke Grijalva Oberstar opposition to the gentleman’s amend- Coffman (CO) Johnson, Sam Ortiz Cleaver Hastings (FL) Paul ment, although I do not oppose the Cole Jones Owens Clyburn Johnson, E. B. Rush Conaway Jordan (OH) Pallone Cohen Kilpatrick (MI) Scott (GA) amendment. Connolly (VA) Kagen Pascrell Conyers Kucinich Waters The SPEAKER pro tempore. Without Cooper Kanjorski Pastor (AZ) Davis (IL) Lee (CA) Watt objection, the gentleman from Cali- Costa Kaptur Paulsen Edwards (MD) Lewis (GA) Woolsey fornia is recognized for 5 minutes. Costello Kennedy Payne NOT VOTING—16 Courtney Kildee Pence There was no objection. Crenshaw Kilroy Perlmutter Barrett (SC) Garamendi Radanovich Mr. GEORGE MILLER of California. Crowley Kind Perriello Campbell Hinojosa Sullivan Mr. Speaker, I support this amend- Cuellar King (IA) Peters Dahlkemper Hoekstra Turner ment. Obviously, I am a very strong be- Culberson King (NY) Peterson Davis (AL) Jackson Lee Wamp Cummings Kingston Petri Deal (GA) (TX) Wasserman liever in this legislation and the ter- Davis (CA) Kirk Pingree (ME) Fallin Massa Schultz rible situation that we are trying to Davis (KY) Kirkpatrick (AZ) Pitts rectify, and I would hope and I think Davis (TN) Kissell Platts b 1615 with the gentleman’s language we can DeFazio Klein (FL) Poe (TX) DeGette Kline (MN) Polis (CO) Messrs. KUCINICH and DAVIS of Illi- hopefully be assured that these grants Delahunt Kosmas Pomeroy nois, Ms. EDDIE BERNICE JOHNSON would be based upon a healthy com- DeLauro Kratovil Posey of Texas, Messrs. WATT and SCOTT of petition and would be based upon the Dent Lamborn Price (GA) Diaz-Balart, L. Lance Price (NC) Georgia, Ms. FUDGE, Ms. CLARKE, request of the States for technical as- Diaz-Balart, M. Langevin Putnam Ms. KILPATRICK of Michigan, Ms. ED- sistance and for other assistance in Dicks Larsen (WA) Quigley WARDS of Maryland, Ms. LEE of Cali- dealing with this legislation. So I sup- Dingell Larson (CT) Rahall fornia, Ms. CORRINE BROWN of Flor- port the amendment by the gentleman Doggett Latham Rangel Donnelly (IN) LaTourette Rehberg ida, Ms. WOOLSEY, and Messrs. from Arizona. Doyle Latta Reichert COHEN, LEWIS of Georgia, and I yield back the balance of my time. Dreier Lee (NY) Reyes HASTINGS of Florida changed their Driehaus Levin Richardson vote from ‘‘yea’’ to ‘‘nay.’’ b 1545 Duncan Lewis (CA) Rodriguez Edwards (TX) Linder Roe (TN) Mr. SHERMAN changed his vote Mr. FLAKE. I thank the gentleman Ehlers Lipinski Rogers (AL) from ‘‘nay’’ to ‘‘yea.’’ for supporting the amendment. I think Ellison LoBiondo Rogers (KY) So the amendment was agreed to. Ellsworth Loebsack Rogers (MI) it is important that we do this on this Emerson Lofgren, Zoe Rohrabacher The result of the vote was announced legislation and all programs like this Engel Lowey Rooney as above recorded. that are authorized by the Congress. Eshoo Lucas Ros-Lehtinen The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield back the balance Etheridge Luetkemeyer Roskam Farr Luja´ n Ross ant to House Resolution 1126, the pre- of my time. Fattah Lummis Rothman (NJ) vious question is ordered on the bill, as The SPEAKER pro tempore. The Filner Lungren, Daniel Roybal-Allard amended. question is on the amendment offered Flake E. Royce The question is on the engrossment Fleming Lynch Ruppersberger by the gentleman from Arizona (Mr. Forbes Mack Ryan (OH) and third reading of the bill. FLAKE). Fortenberry Maffei Ryan (WI) The bill was ordered to be engrossed The question was taken; and the Foster Maloney Salazar and read a third time, and was read the Speaker pro tempore announced that Foxx Manzullo Sa´ nchez, Linda Frank (MA) Marchant T. third time. the ayes appeared to have it. Franks (AZ) Markey (CO) Sanchez, Loretta The SPEAKER pro tempore. The Mr. GEORGE MILLER of California. Frelinghuysen Markey (MA) Sarbanes question is on the passage of the bill. Mr. Speaker, on that I demand the yeas Gallegly Marshall Scalise The question was taken; and the Garrett (NJ) Matheson Schakowsky and nays. Gerlach Matsui Schauer Speaker pro tempore announced that The yeas and nays were ordered. Giffords McCarthy (CA) Schiff the ayes appeared to have it. The vote was taken by electronic de- Gingrey (GA) McCarthy (NY) Schmidt Mr. GEORGE MILLER of California. vice, and there were—yeas 391, nays 24, Gohmert McCaul Schock Gonzalez McClintock Schrader Mr. Speaker, on that I demand the yeas not voting 16, as follows: Goodlatte McCollum Schwartz and nays. [Roll No. 81] Gordon (TN) McCotter Scott (VA) The yeas and nays were ordered. Granger McDermott Sensenbrenner The SPEAKER pro tempore. Pursu- YEAS—391 Graves McGovern Serrano Ackerman Berkley Boucher Grayson McHenry Sessions ant to clause 8 of rule XX, this 15- Aderholt Berman Boustany Green, Al McIntyre Sestak minute vote on passage of H.R. 4247 Adler (NJ) Berry Boyd Green, Gene McKeon Shadegg will be followed by a 5-minute vote on Akin Biggert Brady (PA) Griffith McMahon Shea-Porter Alexander Bilbray Brady (TX) Guthrie McMorris Sherman the motion to suspend the rules and Altmire Bilirakis Braley (IA) Gutierrez Rodgers Shimkus agree to House Resolution 1127. Andrews Bishop (GA) Bright Hall (NY) McNerney Shuler The vote was taken by electronic de- Arcuri Bishop (NY) Broun (GA) Hall (TX) Meek (FL) Shuster vice, and there were—yeas 262, nays Austria Bishop (UT) Brown (SC) Halvorson Meeks (NY) Simpson Baca Blackburn Brown-Waite, Hare Melancon Sires 153, not voting 16, as follows: Bachmann Blumenauer Ginny Harman Mica Skelton [Roll No. 82] Bachus Blunt Buchanan Harper Michaud Slaughter Baird Boccieri Burgess Hastings (WA) Miller (FL) Smith (NE) YEAS—262 Baldwin Boehner Burton (IN) Heinrich Miller (MI) Smith (NJ) Ackerman Baird Berman Barrow Bonner Butterfield Heller Miller (NC) Smith (TX) Adler (NJ) Baldwin Berry Bartlett Bono Mack Buyer Hensarling Miller, Gary Smith (WA) Altmire Barrow Biggert Barton (TX) Boozman Calvert Herger Miller, George Snyder Andrews Bean Bishop (GA) Bean Boren Camp Herseth Sandlin Minnick Souder Arcuri Becerra Bishop (NY) Becerra Boswell Cantor Higgins Mitchell Space Baca Berkley Blumenauer

VerDate Nov 24 2008 01:38 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.056 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1064 CONGRESSIONAL RECORD — HOUSE March 3, 2010 Boccieri Herseth Sandlin Olver Flake Lucas Roe (TN) Baird Duncan Larson (CT) Boren Higgins Ortiz Fleming Luetkemeyer Rogers (AL) Baldwin Edwards (MD) Latham Boswell Hill Owens Forbes Lummis Rogers (KY) Barrow Edwards (TX) LaTourette Boucher Himes Pallone Fortenberry Lungren, Daniel Rogers (MI) Bartlett Ehlers Latta Boyd Hinchey Pascrell Foxx E. Rohrabacher Barton (TX) Ellison Lee (CA) Brady (PA) Hirono Pastor (AZ) Franks (AZ) Mack Rooney Bean Ellsworth Lee (NY) Braley (IA) Hodes Payne Gallegly Manzullo Roskam Becerra Emerson Levin Bright Holden Perriello Garrett (NJ) Marchant Royce Berkley Engel Lewis (CA) Brown, Corrine Holt Peters Gingrey (GA) Markey (CO) Ryan (WI) Berman Eshoo Lewis (GA) Butterfield Honda Peterson Gohmert Marshall Scalise Berry Etheridge Linder Cao Hoyer Pingree (ME) Goodlatte McCarthy (CA) Schmidt Biggert Farr Lipinski Capps Inslee Platts Granger McCaul Schrader Bilbray Fattah LoBiondo Capuano Israel Polis (CO) Graves McClintock Sensenbrenner Bilirakis Filner Loebsack Cardoza Jackson (IL) Pomeroy Griffith McCotter Sessions Bishop (GA) Flake Lofgren, Zoe Carnahan Johnson (GA) Price (NC) Guthrie McHenry Shadegg Bishop (NY) Fleming Lowey Hall (TX) McKeon Carney Johnson (IL) Quigley Shimkus Bishop (UT) Forbes Lucas Hastings (WA) Mica Carson (IN) Johnson, E. B. Rahall Shuster Blackburn Fortenberry Luetkemeyer Castle Kagen Heller Miller (FL) Rangel Simpson Blumenauer Foster Luja´ n Castor (FL) Kanjorski Reichert Hensarling Miller (MI) Smith (NE) Blunt Foxx Lummis Chandler Kaptur Reyes Herger Miller, Gary Smith (TX) Boccieri Frank (MA) Lungren, Daniel Childers Kennedy Richardson Hunter Mitchell Souder Boehner Franks (AZ) E. Chu Kildee Rodriguez Inglis Moran (KS) Stearns Bonner Frelinghuysen Lynch Clarke Kilpatrick (MI) Ros-Lehtinen Issa Myrick Taylor Bono Mack Fudge Mack Clay Kilroy Ross Jenkins Neugebauer Boozman Gallegly Maffei Cleaver Kind Rothman (NJ) Johnson, Sam Nunes Terry Thompson (PA) Boren Garrett (NJ) Maloney Clyburn King (NY) Roybal-Allard Jones Olson Boswell Gerlach Manzullo Cohen Kirk Ruppersberger Jordan (OH) Paul Thornberry Tiahrt Boucher Giffords Marchant Connolly (VA) Kissell Rush King (IA) Paulsen Boustany Gingrey (GA) Markey (CO) Conyers Klein (FL) Ryan (OH) Kingston Pence Tiberi Upton Boyd Gohmert Marshall Cooper Kosmas Salazar Kirkpatrick (AZ) Perlmutter Brady (PA) Gonzalez Matheson ´ Walden Costa Kratovil Sanchez, Linda Kline (MN) Petri Brady (TX) Goodlatte Matsui Lamborn Pitts Westmoreland Costello Kucinich T. Braley (IA) Gordon (TN) McCarthy (CA) Latham Poe (TX) Whitfield Courtney Lance Sanchez, Loretta Bright Granger McCarthy (NY) LaTourette Posey Wittman Crowley Langevin Sarbanes Broun (GA) Graves McCaul Latta Price (GA) Wolf Cuellar Larsen (WA) Schakowsky Brown (SC) Grayson McClintock Cummings Larson (CT) Schauer Lewis (CA) Putnam Young (AK) Brown, Corrine Green, Al McCollum Davis (CA) Lee (CA) Schiff Linder Rehberg Young (FL) Brown-Waite, Green, Gene McCotter Davis (IL) Lee (NY) Schock Ginny Griffith McDermott Davis (TN) Levin Schwartz NOT VOTING—16 Buchanan Grijalva McGovern DeFazio Lewis (GA) Scott (GA) Barrett (SC) Garamendi Radanovich Burgess Guthrie McHenry DeGette Lipinski Scott (VA) Campbell Hinojosa Sullivan Burton (IN) Gutierrez McIntyre Delahunt LoBiondo Serrano Dahlkemper Hoekstra Turner Butterfield Hall (NY) McKeon DeLauro Loebsack Sestak Davis (AL) Jackson Lee Wamp Buyer Hall (TX) McMahon Dent Lofgren, Zoe Shea-Porter Deal (GA) (TX) Wasserman Calvert Halvorson McMorris Diaz-Balart, L. Lowey Sherman Fallin Massa Schultz Camp Hare Rodgers Diaz-Balart, M. Luja´ n Shuler Cantor McNerney Dicks Lynch Sires ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Harman Meek (FL) Dingell Maffei Skelton The SPEAKER pro tempore (Mrs. Cao Harper Doggett Maloney Slaughter Capito Hastings (FL) Meeks (NY) HALVORSON) (during the vote). There is Donnelly (IN) Markey (MA) Smith (NJ) Capps Heinrich Melancon Doyle Matheson Smith (WA) 1 minute remaining in this vote. Capuano Heller Mica Edwards (MD) Matsui Snyder Cardoza Hensarling Michaud Edwards (TX) McCarthy (NY) Space b 1632 Carnahan Herger Miller (FL) Ehlers McCollum Speier Carney Herseth Sandlin Miller (MI) Ellison McDermott Spratt Mr. PAUL changed his vote from Carter Higgins Miller (NC) Ellsworth McGovern Stark ‘‘yea’’ to nay.’’ Cassidy Hill Miller, Gary Engel McIntyre Stupak Castle Himes Miller, George So the bill was passed. Castor (FL) Hinchey Minnick Eshoo McMahon Sutton The result of the vote was announced Etheridge McMorris Tanner Chaffetz Hirono Mitchell Farr Rodgers Teague as above recorded. Chandler Hodes Mollohan Fattah McNerney Thompson (CA) A motion to reconsider was laid on Childers Holden Moore (KS) Chu Holt Moore (WI) Filner Meek (FL) Thompson (MS) the table. Foster Meeks (NY) Tierney Clarke Honda Moran (KS) Frank (MA) Melancon Titus f Clay Hoyer Moran (VA) Frelinghuysen Michaud Tonko Cleaver Hunter Murphy (CT) Fudge Miller (NC) Towns Clyburn Inglis Murphy (NY) EXPRESSING CONCERN ABOUT SUI- Coble Inslee Murphy, Patrick Gerlach Miller, George Tsongas CIDE PLANE ATTACK ON IRS EM- Giffords Minnick Van Hollen Coffman (CO) Israel Murphy, Tim Gonzalez Mollohan Vela´ zquez PLOYEES IN AUSTIN, TEXAS Cohen Issa Myrick Gordon (TN) Moore (KS) Visclosky Cole Jackson (IL) Nadler (NY) The SPEAKER pro tempore (Ms. ED- Grayson Moore (WI) Walz Conaway Jenkins Napolitano Green, Al Moran (VA) Waters WARDS of Maryland). The unfinished Connolly (VA) Johnson (GA) Neal (MA) Green, Gene Murphy (CT) Watson business is the vote on the motion to Conyers Johnson (IL) Neugebauer Cooper Johnson, E. B. Nunes Grijalva Murphy (NY) Watt suspend the rules and agree to the reso- Gutierrez Murphy, Patrick Waxman Costa Johnson, Sam Nye Hall (NY) Murphy, Tim Weiner lution, H. Res. 1127, on which the yeas Costello Jones Oberstar Halvorson Nadler (NY) Welch and nays were ordered. Courtney Jordan (OH) Obey Hare Napolitano Wilson (OH) Crenshaw Kagen Olson The Clerk read the title of the resolu- Crowley Kanjorski Olver Harman Neal (MA) Wilson (SC) tion. Harper Nye Woolsey Cuellar Kaptur Ortiz Hastings (FL) Oberstar Wu The SPEAKER pro tempore. The Culberson Kennedy Owens Heinrich Obey Yarmuth question is on the motion offered by Cummings Kildee Pallone Davis (CA) Kilpatrick (MI) Pastor (AZ) the gentleman from Georgia (Mr. NAYS—153 Davis (IL) Kilroy Paulsen LEWIS) that the House suspend the Davis (KY) Kind Payne Aderholt Bono Mack Capito rules and agree to the resolution, H. Davis (TN) King (IA) Pence Akin Boozman Carter DeFazio King (NY) Perlmutter Alexander Boustany Cassidy Res. 1127. DeGette Kingston Perriello Austria Brady (TX) Chaffetz This will be a 5-minute vote. Delahunt Kirk Peters Bachmann Broun (GA) Coble The vote was taken by electronic de- DeLauro Kirkpatrick (AZ) Peterson Bachus Brown (SC) Coffman (CO) vice, and there were—yeas 408, nays 2, Dent Kissell Petri Bartlett Brown-Waite, Cole Diaz-Balart, L. Klein (FL) Pitts Barton (TX) Ginny Conaway not voting 21, as follows: Diaz-Balart, M. Kline (MN) Platts Bilbray Buchanan Crenshaw [Roll No. 83] Dicks Kosmas Poe (TX) Bilirakis Burgess Culberson Dingell Kratovil Polis (CO) Bishop (UT) Burton (IN) Davis (KY) YEAS—408 Doggett Kucinich Pomeroy Blackburn Buyer Dreier Ackerman Alexander Austria Donnelly (IN) Lamborn Posey Blunt Calvert Driehaus Aderholt Altmire Baca Doyle Lance Price (GA) Boehner Camp Duncan Adler (NJ) Andrews Bachmann Dreier Langevin Price (NC) Bonner Cantor Emerson Akin Arcuri Bachus Driehaus Larsen (WA) Putnam

VerDate Nov 24 2008 01:38 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.020 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1065 Quigley Schrader Thompson (CA) The Clerk read the title of the resolu- New Orleans and throughout Louisiana and Rahall Schwartz Thompson (MS) tion. the Gulf Coast Region; Rangel Scott (GA) Thompson (PA) Whereas the New Orleans Saints are Rehberg Scott (VA) The text of the resolution is as fol- Thornberry headquartered in the 1st Congressional Dis- Reichert Sensenbrenner lows: Tiahrt trict of Louisiana in Metairie, Louisiana; Reyes Serrano Tiberi H. RES. 1079 Whereas ESPN’s Wright Thompson in his Richardson Sessions Tierney Rodriguez Sestak Titus Whereas, on February 7, 2010, the New Orle- article ‘‘Saints the Soul of America’s City’’ Roe (TN) Shadegg Tonko ans Saints defeated the Indianapolis Colts by captured the essence and importance of the Rogers (AL) Shea-Porter Towns a score of 31 to 17 to win the National Foot- Saints to the city of New Orleans and noted Rogers (KY) Sherman ball League (NFL) Championship; the resilience of this year’s team by stating, Rogers (MI) Shimkus Tsongas Rohrabacher Shuler Upton Whereas the Saints’ victory is the first ‘‘It’s perfect, isn’t it? The expansion team Rooney Shuster Van Hollen championship in the franchise’s 43-year his- whose first roster was created from players Ros-Lehtinen Simpson Vela´ zquez tory; unwanted by other teams has finally found Roskam Sires Visclosky Whereas the 2009 season was the best in success with a similar group.’’; and Ross Skelton Walden Saints franchise history, including an un- Whereas the 2009 Saints are evidence of Rothman (NJ) Slaughter Walz precedented 13-game winning streak; what can be accomplished when self is set Roybal-Allard Smith (NE) Waters Whereas Saints owners Tom Benson and aside and a teamwork mentality is adopted Royce Smith (NJ) Watson Rita Benson LeBlanc have invested in the by all of the players: Now, therefore, be it Ruppersberger Smith (TX) Watt Resolved, That the House of Representa- Rush Smith (WA) Waxman success of the Saints and have been remark- Ryan (OH) Snyder Weiner able in revitalizing this storied franchise and tives— Ryan (WI) Souder Welch promoting a strong and united New Orleans (1) congratulates the New Orleans Saints, Salazar Space Westmoreland and Louisiana; the team’s coaches and players, and the ´ Sanchez, Linda Speier Whitfield Whereas Saints General Manager Mickey loyal members of the ‘‘Who Dat’’ Nation on T. Spratt Wilson (OH) Loomis has been successful in building an winning Super Bowl XLIV; and Sanchez, Loretta Stark Wilson (SC) (2) recognizes— Sarbanes Stearns outstanding team by drafting new players Wittman Scalise Stupak and signing key free agents; (A) the New Orleans Saints as the soul of Schakowsky Sutton Wolf Whereas Doug Thornton, Senior Vice New Orleans; and Schauer Tanner Woolsey President of Stadiums and Arenas, helped (B) the significant contributions made by Schiff Taylor Wu the Saints return to New Orleans through his the team in the recovery efforts of New Orle- Schmidt Teague Yarmuth integral role in rebuilding the Superdome ans, Louisiana, and the Gulf Coast Region. Schock Terry Young (FL) after Hurricane Katrina; The SPEAKER pro tempore. Pursu- NAYS—2 Whereas Coach Sean Payton, with the help ant to the rule, the gentleman from of Defensive Coordinator Gregg Williams, Of- Paul Young (AK) Louisiana (Mr. MELANCON) and the gen- fensive Coordinator Pete Carmichael, Jr., NOT VOTING—21 and all of the Saints’ coaching staff, led the tleman from Louisiana (Mr. CAO) each Barrett (SC) Hastings (WA) Pingree (ME) team to its first National Football Con- will control 20 minutes. Campbell Hinojosa Radanovich ference (NFC) Championship and first ever The Chair recognizes the gentleman Carson (IN) Hoekstra Sullivan Super Bowl victory through leadership and a from Louisiana (Mr. MELANCON). Dahlkemper Jackson Lee Turner winning philosophy; GENERAL LEAVE Davis (AL) (TX) Wamp Whereas the Saints led the league with an Deal (GA) Markey (MA) Mr. MELANCON. Mr. Speaker, I ask Wasserman average of 31.9 points and 403.8 yards per Fallin Massa Schultz unanimous consent that all Members Garamendi Pascrell game during the 2009 regular season; Whereas, in the 2009 regular season, the may have 5 legislative days in which to b 1640 Saints eclipsed team records in most points revise and extend their remarks. The SPEAKER pro tempore. Is there So (two-thirds being in the affirma- and most touchdowns in a season and most objection to the request of the gen- tive) the rules were suspended and the interceptions returned for a touchdown in a game; tleman from Louisiana? resolution was agreed to. Whereas Saints quarterback Drew Brees There was no objection. The result of the vote was announced set an NFL record by completing 70.6 percent Mr. MELANCON. Mr. Speaker, on be- as above recorded. of his passes during the 2009 regular season; half of the Committee on Oversight and A motion to reconsider was laid on Whereas Drew Brees, Darren Sharper, Government Reform, I am proud to the table. Jahri Evans, Jonathan Vilma, and John present House Resolution 1079 for con- Stated for: Stinchcomb of the Saints were named to the 2010 NFC Pro Bowl squad; sideration. This resolution congratu- Mr. MARKEY of Massachusetts. Madam lates the National Football League Speaker, on rollcall No. 83, I did not vote, but Whereas Drew Brees was named the Most Valuable Player for Super Bowl XLIV; Champion New Orleans Saints for win- intended to vote ‘‘yes.’’ Whereas during Super Bowl XLIV— ning Super Bowl XLIV and for bringing f (1) the Saints accumulated a total of 332 New Orleans its first Lombardi Trophy ANNOUNCEMENT BY THE SPEAKER yards; in franchise history. (2) quarterback Drew Brees passed for 288 PRO TEMPORE House Resolution 1079 was introduced yards, threw 2 touchdowns, and tied a Super by my friend and colleague, Represent- The SPEAKER pro tempore (Mr. Bowl record with 32 pass completions; ative JOSEPH CAO of Louisiana, on Feb- BRIGHT). Pursuant to clause 8 of rule (3) Marques Colston led the Saints in re- ceiving with 7 catches for 83 yards; ruary 9, 2010, and enjoys the support of XX, the Chair will postpone further over 70 Members of Congress. proceedings today on motions to sus- (4) Saints kicker Garrett Hartley set a Super Bowl record with 3 field goals of over Mr. Speaker, on February 7, 2010, pend the rules on which a recorded vote 40 yards each; and after a hard fought and dramatic game, or the yeas and nays are ordered, or on (5) Thomas Morstead’s perfectly executed the New Orleans Saints, playing in which the vote incurs objection under onside kick to start the second half and their first ever championship game, de- clause 6 of rule XX. Tracy Porter’s 74-yard interception for a feated the Indianapolis Colts by a score touchdown late in the fourth quarter were Record votes on postponed questions of 31–17 to win Super Bowl XLIV. The will be taken later in the week. integral in the Saints’ victory and will for- ever be remembered by the ‘‘Who Dat’’ faith- victory is the first championship in the f ful; Saints’ 43-year history and caps a truly b 1645 Whereas Saints owner Tom Benson, during remarkable season for the franchise. The Saints finished the regular season CONGRATULATING NFL CHAMPION the Lombardi Trophy presentation at mid- field, said ‘‘Louisiana, by the way of New Or- with a franchise best 13 wins and 3 NEW ORLEANS SAINTS leans, is back. And this shows the whole losses. Mr. MELANCON. Mr. Speaker, I world. We’re back.’’; During the 2009 season, they led the move to suspend the rules and agree to Whereas the Saints’ motto all year has National Football League in average the resolution (H. Res. 1079) congratu- been ‘‘Finish Strong’’; points per game and yards per game. lating the National Football League Whereas the Saints repeatedly have been Furthermore, the 2009–2010 Saints set called a beacon of hope for the city of New Champion New Orleans Saints for win- Orleans and a catalyst for recovery through- franchise records for most points and ning Super Bowl XLIV and for bringing out Louisiana and the Gulf Coast Region; most touchdowns in a season, as well New Orleans its first Lombardi Trophy Whereas the Saints have positively influ- as most interceptions returned for a in franchise history, as amended. enced and lifted the morale of the people in touchdown in a single game. Still, it

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.021 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1066 CONGRESSIONAL RECORD — HOUSE March 3, 2010 was during the Super Bowl that the in Congress on efforts to rebuild our re- that tradition with a few statements Saints truly distinguished themselves gion, and I hope to continue working from my district. as the best team in the NFL. Despite with them in the future. Ms. Loretta Brehm writes, ‘‘The facing a formidable opponent in the In- The Saints’ motto all season has whole Saints organization exemplifies dianapolis Colts, led by a New Orleans been ‘‘Finish Strong.’’ And they did leadership, professionalism, and a native, Peyton Manning, the Saints re- that very thing with a 31–17 victory ‘never give up attitude.’ They have lied on head coach Sean Payton’s ag- over the Indianapolis Colts in Super brought together all parts of our com- gressive game plan and the outstanding Bowl XLIV. The Saints’ Super Bowl munity, regardless of race, religion, or play of starting quarterback Drew victory not only shows the dedication economic status. Much has been given Brees to win the game. and hard work of the organization, to our community by their generous Brees, who was named Super Bowl coaches, and players, but also rep- spirit and positive actions. If we as a MVP, passed for 288 yards, threw two resents a beacon of hope for the City of community can model from their suc- touchdown passes, and tied a Super New Orleans and a catalyst for recov- cess, there is no limits to what we can Bowl record with 32 pass completions. ery throughout Louisiana. House Reso- accomplish.’’ Along with Brees’ impressive perform- lution 1079 emphasizes the positive in- Ms. Melissa Smith writes, ‘‘All those ance, Saints kicker Garrett Hartley set fluence that the Saints have had on involved with the Saints organization a Super Bowl record by making three people in New Orleans and the Gulf took a chance on the City of New Orle- field goals of over 40 yards. The Saints Coast region. ans. Doug Thornton performed a mir- also successfully executed a risky on- I introduced House Resolution 1079 to acle and ensured that the team had a side kick to start the second half of the congratulate the Saints because for the facility to play in. The Bensons re- game. And Tracy Porter’s—a Port past 5 years the Saints have symbol- turned the team to New Orleans. And Allen native—74-yard interception re- ized the City of New Orleans through the team as a whole provided an ave- turn for a touchdown ensured the their pride, resiliency, traditions, suf- nue for all of us to come home and gave Saints’ victory. fering, faith, loyalty, and hope. us the faith we need to overcome cer- The New Orleans Saints’ success in This resolution congratulates Saints tain odds.’’ Super Bowl XLIV stands as a testa- owners Tom Benson and Rita Benson New Orleanians remark about the re- ment to what can be achieved through LeBlanc for their investment in the fu- surgence of the team and how they hard work, dedication, and a never-say- ture of the Saints and their dedication spur the resurgence of the city. ‘‘The never spirit. In fact, the Saints’ motto and commitment to a strong and New Orleans Saints gave this city hope throughout the 2009–2010 season was united New Orleans. This resolution during a time when we didn’t have this ‘‘Finish Strong.’’ And they certainly also congratulates Doug Thornton, hope in ourselves. They provided people did. The Saints’ commitment to team- Senior Vice President of Stadiums and with a plan that depends on discipline, work and to the achievement of excel- Arenas, for helping the Saints return dedication, and determination. We may lence is both inspiring and commend- to New Orleans by playing an integral be tired and poor right now, but we are able. role in rebuilding the Superdome after contenders. We are New Orleans. We Furthermore, their victory has Hurricane Katrina. are America.’’ helped raise the spirits of the City of House Resolution 1079 also brings at- I reserve the balance of my time. New Orleans and the entire State of tention to the individuals who made Mr. MELANCON. Mr. Speaker, I yield Louisiana in the midst of the region’s this season a success. I want to specifi- 2 minutes to my friend from Indiana continued reconstruction efforts fol- cally thank head coach Sean Payton (Mr. CARSON) to express his gratitude lowing Hurricane Katrina and subse- for his love and commitment to the for the New Orleans Saints winning. I quent hurricanes. For all these rea- people and the City of New Orleans, think that is what he wants to say. sons, the New Orleans Saints’ achieve- and to congratulate him in being the Mr. CARSON of Indiana. Mr. Speak- ment deserves our praise. And person- lone head coach in Saints history to er, I come here today as a proud Amer- ally, I want to applaud the team’s play- open a season with 13 straight wins and ican, a proud Hoosier, and most impor- ers, coaches, management, and all holding the all-time winning percent- tantly a proud Colts fan. But I also those who helped them accomplish this age record for a Saints head coach. come donning a New Orleans Saints tie historic event. This resolution also highlights sta- given to me by my friend and col- Mr. Speaker, let us as a body take tistics from the Saints’ regular season league, Representative SCALISE of Lou- the opportunity to commend this and Super Bowl XLIV, such as Drew isiana, based on an agreement that was year’s Super Bowl champions through Brees completing 70.6 percent of his made between the both of us. The Indi- the passage of House Resolution 1079, passes during the regular season, which anapolis Colts indeed are a legendary which congratulates the New Orleans is an NFL record; Darren Sharper set- team. Yes, they are iconic and a jug- Saints on winning Super Bowl XLIV ting an NFL record for most intercep- gernaut in their own right, but I too and for bringing New Orleans its first tion return yardage in a regular season must acknowledge the Saints great Lombardi Trophy in franchise history. with 376 yards; the Saints leading the ability on the football field in winning I reserve the balance of my time. league in 2009 with 31.9 points per game the Super Bowl. And I want to com- Mr. CAO. Mr. Speaker, I yield myself and 403.8 yards per game; the 2009 mend the New Orleans Saints, as well as much time as I may consume. Saints surpassing team records for as the residents of Louisiana, for their Mr. Speaker, I rise today in support most points in a season, most touch- resilience in a time of great trial, and of House Resolution 1079, congratu- downs in a season, longest winning just to tell them to keep up the great lating the National Football League streak, most interception return yards, work, Who Dat, and Go Colts. Champion New Orleans Saints for win- and most interceptions returned for a Mr. CAO. Mr. Speaker, I would like ning Super Bowl XLIV and bringing touchdown in a game. to yield 1 minute to my good friend New Orleans its first Lombardi Trophy Other statistics from Super Bowl from Indiana, Mr. DAN BURTON. He and in franchise history. As a New XLIV were Drew Brees setting a Super I entered into a little bet, and the bet Orleanian and Representative to Con- Bowl record with 32 pass completions, was 5 pounds of Indiana steaks for 5 gress for Orleans and Jefferson Par- Marques Colston leading the Saints in pounds of Louisiana shrimp. And I ishes, I am honored to congratulate the receiving yards with 83, the team rush- must say this past weekend the steaks Saints on their historic season. ing for a total of 51 yards on 18 carries, were very, very delicious. I want to thank the 22 original co- and Garrett Hartley setting a Super Mr. BURTON of Indiana. This may sponsors and 75 total cosponsors of Bowl record with three field goals of take more than 1 minute, Mr. CAO. But House Resolution 1079 for joining me to over 40 yards. let me just say that I have been in Con- congratulate and support the Saints. I For the past several months, I have gress a long time, and this truly is one would also like to thank my colleagues been reading statements on the House of the most humbling moments of my in the entire Louisiana delegation for floor about the importance of the career. I was so confident that the Indi- their dedication to the recovery of Saints and their positive impact on anapolis Colts were going to beat the south Louisiana. We have collaborated New Orleans and I want to continue Saints that you wagered 5 pounds of

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.066 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1067 shrimp against 5 pounds of Fisher Mr. Speaker, I yield back the balance only is he a great football player but is Farms steaks from Jasper, Indiana. of my time. also a fine person. And I was so confident that I was going Mr. CAO. Mr. Speaker, I would like That said, good things do come to to be eating shrimp, I invited all my to yield 2 minutes to my distinguished those who wait. No one knows that bet- friends in and bought a bunch of colleague from the State of Louisiana ter than the Who Dat Nation. Con- shrimp sauce. And now I have got (Mr. FLEMING). gratulations to the players, coaches enough shrimp sauce for 5 pounds of Mr. FLEMING. I thank my friend, and of course the Saints fans back shrimp and no shrimp. So it is a hum- Mr. CAO, for proposing this resolution, home in Louisiana and across the coun- bling experience. and for having this debate today, and try. What really adds insult to injury, certainly other members from our dele- Mr. CAO. Mr. Speaker, I cannot find though, is your quarterback, Drew gation. a more ardent Saints fan than the next Brees, went to Purdue University in In- Let me just say parenthetically, in speaker, Mr. STEVE SCALISE. He rep- diana. It is almost unholy for him to do response to our good friend from Indi- resents about 10 percent of New Orle- that to us. And the second thing is the ana (Mr. BURTON) that there is another ans and a good part of Jefferson Parish. fellow that intercepted the pass that irony that goes along with this as well, And most of the fans of New Orleans won the game for you went to Indiana and that is that Peyton Manning, the comes from the parishes that Mr. University. I just don’t understand quarterback for the Colts, is the son of SCALISE represents. this. The gods just weren’t looking at none other but Archie Manning, who I yield 5 minutes to the gentleman us favorably that day. But in all seri- was present for the Saints from the from Louisiana (Mr. SCALISE). ousness, I hope you don’t choke on that very beginning of its franchise. So we Mr. SCALISE. Mr. Speaker, I want to steak you got from me. I hope you have ironies boiling over here. thank Mr. CAO, my colleague from New enjoy it. What I would like to do is congratu- Orleans, for bringing the resolution. The SPEAKER pro tempore. The late the World Champion New Orleans It’s really a special time. If you have time of the gentleman has expired. Saints on winning the franchise’s first been in and around the city of New Or- Mr. CAO. I yield the gentleman 1 ad- Super Bowl. The New Orleans Saints leans—and of course so many people ditional minute. beat the Indianapolis Colts by a score have been focused on New Orleans in Mr. BURTON of Indiana. This is a of 31–17 on February 7, 2010. The Saints looking at the bad things that hap- great time for New Orleans. They have are an inspiration to all of us on and pened to our city after Hurricane had some real tough times over the off the field. Katrina. But we’ve had such an out- past several years. And I think Drew After not playing a single game in pouring over the years of people who Brees and that team really does them their home stadium in 2005 after Hurri- have been rooting for and pulling for proud. And if any team was going to cane Katrina, the Saints came back in the city to come back. I think what’s win the Super Bowl other than the 2006 to a revitalized Superdome and been the most special thing about this Colts, I am glad it was the New Orleans past year with the Saints in their suc- Saints. So congratulations. But let me carried that momentum to rebuilding a city and its people. The team donated cess that they’ve had on the football just end by saying this: We will be back field is that it’s really galvanized the next year. money to charities and their time into city, but it’s also galvanized the rest of Mr. MELANCON. Mr. Speaker, how renewing their city. The adversity they the country. much time do I have? overcame is enormous, but the hope The SPEAKER pro tempore. The gen- they gave was even greater. I certainly I brought a football here, it has the tleman has 16 minutes remaining. congratulate the Saints on winning Super Bowl logo, and it represents the Mr. MELANCON. Let me just start Super Bowl XLIV, and I also welcome fact that the Saints won the Super by saying in New Orleans we have what everyone in America to the Who Dat Bowl. And of course here we’re today is known as the Who Dats. That is the Nation. congratulating the Saints on winning the Super Bowl. But this victory was people that have been loyal since day b 1700 one. We now have in New Orleans a much more than a football game. Not group called the Renew Dats, which is Mr. CAO. Mr. Speaker, I would like only do I remember back during the the group that wasn’t sure every year, to yield 2 minutes to my dear friend years that my dad took me to Tulane and the Saints had to try and prove from Louisiana (Mr. CASSIDY). He has Stadium when I was a little kid, and as themselves. And we now have a group been a wonderful friend as well as a my colleague, Congressman CASSIDY, of people in New Orleans and Louisiana wonderful supporter of me in the past talked about some of those leaner and in the South and in the Nation for year. years, I think it’s the resilience of the that matter called the New Dats, who Mr. CASSIDY. I thank the gentleman team, but it really starts at the top. have now become believers in the from Louisiana. We would be remiss if we didn’t em- Saints. Mr. Speaker, I rise today in support phasize the importance to our commu- My 92-year-old mother-in-law has of Mr. CAO’s resolution, honoring the nity that the owner, Tom Benson, has been a fan of the Manning family, since Super Bowl champion, the New Orleans meant. The fact that he bought the she comes from North Mississippi, and Saints. You know, I remember as a team back in the 1980s, but then the it took her until Super Bowl Sunday child watching the Saints play in the fact that even through some of those morning to reconcile how she handled old Tulane football stadium. And be- tough years, he made a dedication to the daughters, particularly the one tween the time I was a child and now, excellence, that he was going to build a that lives in Louisiana, my wife, and there have been some rough times. But team—and he said it many times—that the New Orleans Saints versus the Bal- this year was different. They started would win a Super Bowl. And there timore Colts and Peyton Manning. off with 13 wins. They had three hard- were a lot of people that wondered if That Sunday morning she called her fought postseason victories. that would ever happen. There were a daughter and said, ‘‘Peachy, I figured I am especially pleased to say that lot of people that were crying in the it out. Peyton has a Super Bowl ring, the victory in the NFC championship city of New Orleans not only when the so I will pull for the New Orleans and Super Bowl was due in great part Saints won the NFC championship Saints today.’’ And Peachy turned to decisive interceptions by Tracy Por- game, but when the Saints went to the around and said, ‘‘It looks like we’re ter, who played football at Port Allen Super Bowl and won the Super Bowl, going to win it.’’ High School in West Baton Rouge Par- because there were so many who just So with that, New Orleans has seen ish. I represent that area. And Mr. BUR- thought it never would happen. But it an historic occasion. It is euphoric in TON is right, he went to Indiana. But to did happen. its mood. It is in a new time, if you atone the sin of doing so, he came back I think the Times-Picayune, our would, because of the excitement, the and had a Pick Six against the Colts. local paper, said it best the morning love of the franchise, the team players Mr. Porter, by the way, has also par- after the Super Bowl victory. The themselves, the coaches, and the people ticipated, in the week going up to the headline was ‘‘Amen’’ because many that have made this such a great and Super Bowl, in a relief effort for the people’s prayers were answered. Of wonderful year. victims of the Haiti earthquake. So not course, the Saints are named after the

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.068 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1068 CONGRESSIONAL RECORD — HOUSE March 3, 2010 saints. I think we had a lot of prayers who has gotten involved in the commu- has brought to the Saints organization, from above, but those prayers were an- nity. and for the entire Saints family, the swered. I want to talk about Reggie Bush fi- organization, for what they’ve done for In a lot of ways, those prayers were nally. Today, by the way, is Reggie New Orleans and the rest of the Saints. answered by the organization that Tom Bush’s birthday. Reggie Bush wears We are exceedingly proud of what has Benson and his wife Gayle and his number 25 on the field, and today is his happened. We commend the families granddaughter Rita Benson LeBlanc 25th birthday. So we want to say happy and the players, the coaches and the and Dennis Lauscha and so many oth- birthday to Reggie Bush. But through support staff and the loudest and most ers with the Saints organization who Reggie Bush’s 619 Foundation, he has loyal fans of all, the Who Dat Nation. made that commitment to build a donated hundreds of thousands of dol- Mr. CAO. I thank the gentleman very world-class football team. And if you lars to the community. And in fact, much. And because the Saints have just go through and you look at some Tad Gormley Field, which is a field been so important to my constituents, of the great talent that’s been amassed where many of the high schools in New I will be making official copies of the now, you start with the coach, Sean Orleans play their football games, he resolution to be available to them. Payton. He did one of the more unself- donated $86,000 to rebuild that field They can receive a copy by contacting ish acts of actually giving up some of after Katrina so that so many young my office in Washington or New Orle- his own salary to bring in a defensive people not only can look up to athletes ans. coordinator who truly helped trans- as role models but also can have the I want to close with a prayer for the form that defense into what so many opportunity to go and participate and Saints, delivered by Archbishop Philip people saw and admired on the field. learn about sports. Hannan at the first Saints and Sinners But I think that as I talk about a few So it’s been an incredible oppor- Banquet in 1968. It reads: of the players that I really want to fea- tunity. We appreciate what the Saints ‘‘Our heavenly Father, who has in- ture and commend, it’s not so much have done on the field, but we also ap- structed us that the ‘saints by faith the acts that they did on the field be- preciate what Tom Benson and his conquered kingdoms and overcame cause we saw what they did on the leadership and the team have done off lions,’ grant our Saints an increase of field, and it inspired people in the city the field too. strength and faith so that they will not of New Orleans. It inspired people all Mr. CAO. Mr. Speaker, I would like only overcome the Lions, but also the across the Nation. And Drew Brees win- to yield 2 minutes to the distinguished Bears, the Rams, the Giants, and even ning the MVP and putting up record Member from the State of Louisiana, those awesome people in Green Bay. numbers and 32 completions, a Super Dr. BOUSTANY. Dr. BOUSTANY has been a May they continue to tame the Red- Bowl record. And Garrett Hartley with wonderful friend to me as well as a skins and fetter the Falcons as well as three-for-three field goal attempts and wonderful mentor, and it’s always good the Eagles. Give to our owners and three over 40 yards, setting a Super to know that there will always be a coaches the continued ability to be as Bowl record. great person for me to lean on. wise as serpents and simple as doves, so And who can forget Tracy Porter’s Mr. BOUSTANY. Mr. Speaker, I that no good talent will dodge our interception return for a touchdown? thank my friend and colleague Mr. CAO draft. Grant to our fans perseverance And of course the gutsy call that Sean for giving me time and for bringing in their devotion and unlimited lung Payton made to start the second half this resolution to the floor which I power, tempered with a sense of char- to do an onsides kick. All of those were wholeheartedly support, congratu- ity to all, including the referees. May great plays. But it’s what the Saints lating the New Orleans Saints for win- our beloved Bedlam Bowl be a source of have done off the field that has really ning Super Bowl XLIV and bringing good fellowship, and may the ‘Saints formed a unique bond between the this long overdue NFL championship to Come Marching In’ be a victory march Saints and their fans, and it’s some- south Louisiana. for all, now and in eternity.’’ thing that we’ve seen after Katrina. You know, I was talking to some Mr. Speaker, I rise today in honor of the You know, for those of us who were businessmen back home in my district great city of New Orleans and our great State in the Super Bowl that night in 2006 for who told me after the victory that of Louisiana, and her beloved Super Bowl the Atlanta Falcons game when they they’re starting to see out-of-state Champions, the New Orleans Saints. The reopened the dome, when people said business opportunities come up as a re- bond between this great city and her team is the Superdome would never open again; sult of the new-found spirit that’s come a special one indeed. In the past few years, when many people said New Orleans about following this great Super Bowl both have worked together hand in hand to re- would never have an NFL team again, victory, and it’s a wonderful thing for build and inspire our city. No players in the in fact, when many people said that Louisiana. NFL and their community have had a greater New Orleans wasn’t going to come After 43 years without reaching the bond and love for each other then do ours. back, that really was one of those wa- Super Bowl, the Saints did it. They fi- Because, from out of the devastation of tershed moments that galvanized the nally did it, and it’s been a great vic- Katrina, we have all grown and cried together city, and it told so many other people tory for all of us. It’s great for our . . . and so has our love for each other. The that they could come back, they could State. Leading that charge was Super Saints season this year in many ways has mir- rebuild because the Saints came back. Bowl MVP quarterback Drew Brees, rored New Orleans and its climb from out of Since then, they’ve served as great role who completed 32 out of 39 pass at- the abyss. This year’s Super Bowl was not models off the field, and that’s some- tempts for 288 yards, two touchdowns. only one of the greatest, but also the largest thing important because we don’t see And Louisiana native Tracy Porter, watched event in the history of television. I that enough in sports. whose 74-yard interception returned for ask that this poetic tribute penned by Albert But Sean Payton’s got a Payton’s a touchdown sealed this game. Caswell of the Capitol Guide Service be Pay It Forward Foundation, and he has But I am really especially proud of placed in the RECORD in honor of them. donated hundreds of thousands of dol- one player from my district. He is a lars to do great things in the commu- Fat Sunday, graduate of Opelousas High School, When, Dat Da Saints Came Marching In! nity, giving money to other organiza- wide receiver Devery Henderson. He is A day they’ll long remember, as The Foot- tions that do great things in the com- in his sixth season with the Saints. He ball God’s will contend there! munity. We’ve seen Drew Brees. And of caught 68 passes for 867 yards this year When a Cool Brees blew into town . . . as course Drew Brees, he has gotten so and four touchdowns, and he played a number ‘‘9’’, Drew, and gunned . . . many accolades on the field. But off key role on offense in the Super Bowl, Gunned Da Colts Down! the field, he has gotten accolades as catching seven important passes for a As The Saints corralled em, and put em out well. His Brees Dream Foundation has total of 63 yards. to pasture . . . a real ‘‘Who Dat?’’ Dis- donated $4.5 million to various causes This is truly a very special occasion aster! You see, everybody was dissing . . . this throughout the city, done wonderful for the Who Dat Nation, all of our Cajun Country’s football team’s edi- things, helped young kids. He was the Saints fans in Louisiana and around tion. . . 2006 Walter Payton Man of the Year, this great country. We want to honor But, from this City of The Saints . . . where just an incredibly high-quality person Sean Payton for his genius and what he pain and heartache has so been. . .

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.070 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1069 When, came a rising . . . as a team and a season with the Saints, Devery caught 58 lished nine years ago as an annual nation- city rebuilding, with but tears in eyes passes for 867 yards and 4 touchdowns. He wide campaign that encourages consumers, then, their dreams realizing! was also an offensive centerpiece in the especially those in lower-income households, For in this land of The Bayou, where hope to increase their financial literacy, enroll as and dreams and faith somehow never Super Bowl, catching 7 key passes for a total American Savers, and establish a personal ends . . . Why Who! of 63 yards. savings goal in an effort to build personal As the Colts came into town, as everyone This championship is very special to Saints wealth and enhance financial security; thought they were the real studs to be fans, also known as the Who Dat Nation, and Whereas over 2,000 local, State, and na- found. . . the great State of Louisiana. It is my honor to tional organizations, including government But, from those ocean breezes . . . you could recognize Coach Sean Payton and the 2009 agencies, financial institutions, and non- hear those ‘‘Who Dat’’ heart’s a beat- New Orleans Saints for all of their accomplish- profits, have motivated more than 245,000 ing! ments this season and for bringing home the people to enroll as American Savers through Fat Sunday, When Dat Da Saints Came events such as financial literacy classes, fi- Marching In. . . Lombardi Trophy which Coach Payton has yet nancial fairs, free tax preparation assistance Getting behind early, when Coach Payton to let out of his sight. programs, and deposit campaigns; and . . . said Don’t Do Dat . . . Worry! I also want to commend the families of Whereas encouraging automatic and habit- As Garrett was showing his Hartley, kicking these players, coaches and support staff, and ual savings is a primary focus for this year’s two fields in the first half . . . To Do the loudest and most loyal fans in the NFL. America Saves Week, February 21, 2010, Dat his part, he! I yield back the balance of my time. through February 28, 2010, and that focus is An onside kick by Morsted, playing to win! The SPEAKER pro tempore. The reflected in the work of the Financial and Be Bold! For that’s how the coach has question is on the motion offered by Economic Literacy Caucus, America Saves, always been! the gentleman from Louisiana (Mr. and American Savings Education Council’s As The Saints Came Marching In! Choose to Save Campaign: Now, therefore, be As Drew Daddy, took em down the field . . . MELANCON) that the House suspend the it so cool and so unreal . . . as he refused rules and agree to the resolution, H. Resolved, That the House of Representa- to yield! Res. 1079, as amended. tives— As the defense was Vilmanizing, all those The question was taken. (1) recognizes the importance of savings to horses, making them losing stride The SPEAKER pro tempore. In the financial security; then. . . opinion of the Chair, two-thirds being (2) supports the goals and ideals of ‘‘Amer- Leaving the Colts offense, with but tears in in the affirmative, the ayes have it. ica Saves Week’’; and (3) requests that the President issue a their eyes then! Mr. CAO. Mr. Speaker, on that I de- For on the bench it so seemed, like Peyton proclamation calling on the Federal Govern- . . . lost his dream. . . mand the yeas and nays. ment, States, localities, schools, non-profit Was forever waiting . . . awaiting to get The yeas and nays were ordered. organizations, businesses, other entities, and in... The SPEAKER pro tempore. Pursu- the people of the United States to observe As Thomas showed his promise, as number ant to clause 8 of rule XX and the America Saves Week with appropriate pro- ‘‘23’’ went 16 yds for a TD. . . Chair’s prior announcement, further grams and activities with the goal of in- When, in the 4th quarter, touchdown . . . as proceedings on this motion will be creasing the savings rates for individuals of The Shockey treatment was in postponed. all ages and walks of life. order. . . The SPEAKER pro tempore. Pursu- As it was getting close . . . with Peyton, f ant to the rule, the gentleman from moving in for the tying score . . . it AMERICA SAVES WEEK Georgia (Mr. SCOTT) and the gentle- meant the most! woman from Illinois (Mrs. BIGGERT) As he threw the ball, you could hear his Mr. SCOTT of Georgia. Mr. Speaker, heart call . . . ‘‘WHO DAT?’’ I move to suspend the rules and agree each will control 20 minutes. As it was number ‘‘22’’ Porter, saying Pey- to the resolution (H. Res. 1082) sup- The Chair recognizes the gentleman ton, your our of order! porting the goals and ideals of the from Georgia. Running the ball back, all the way back to fourth annual America Saves Week. GENERAL LEAVE The French Quarter. . . The Clerk read the title of the resolu- Mr. SCOTT of Georgia. Mr. Speaker, Gator Got You Manning! As Archie cried . . . tion. I ask unanimous consent that all Mem- When I played, where were you guys bers may have 5 legislative days within then? The text of the resolution is as fol- lows: which to revise and extend their re- As it was one heck of a game, with coura- marks on the legislation and to insert geous hearts like Fereeny to be H. RES. 1082 extraneous materials thereon. seen. . . Whereas financial security is one of the The SPEAKER pro tempore. Is there As a City on this night, took one more giant most important issues for most Americans, step towards the light! objection to the request of the gen- whether it involves saving for a college edu- tleman from Georgia? And Healing It Would Seem! cation, an unforeseen emergency, a house, or With, all of that darkness of a past . . . she There was no objection. for retirement; Mr. SCOTT of Georgia. Mr. Speaker, could smile and she could laugh. . . Whereas personal savings as a percentage And, let it be said, no more paper bags over of disposable income has risen from 1.2 per- I yield myself as much time as I may heads . . . for The Saints. . . cent in the first quarter of 2008 to 4.8 percent need at this point. ARE NOT THE AINT’S . . . ANYMORE! in the fourth quarter of 2009, according to I rise today in strong support of And the world so surely knows, Who Dat? the Bureau of Economic Analysis; House Resolution 1082, which supports Who Da Does? Whereas according to the Employee Ben- the goals and ideals of the fourth an- Dat Da Saints! Dat Da World Championaints! efit Research Institute, the percentage of nual America Saves Week, which was Mr. Speaker, I rise today in support of workers very confident about having enough held February 21 through February 28 House Resolution 1079—Congratulating the money for a comfortable retirement fell to 13 of this year. New Orleans Saints for winning Super Bowl percent in 2009, down from 18 percent in 2008, Mr. Speaker, the primary focus of 44 and bringing this long overdue NFL cham- and more workers expect to work longer to this year’s America Saves Week is en- supplement their income in retirement; couraging automatic and habitual sav- pionship to South Louisiana. Whereas older Americans are more likely After 43 years without reaching the Super to live within 200 percent of poverty than ings, a great need at this time in the Bowl, the Saints defeated the AFC Champion any other age group, according to the 2009 history of our country. This is a theme Indianapolis Colts 31 to 17 on February 7th to Employee Benefit Research Institute’s that is reflected in the work of our Fi- grasp their 1st Lombardi Trophy in franchise Databook, and more than 60 percent of the nancial and Economic Literacy Caucus; history. current elderly population relies on Social the Treasury’s Office of Financial Edu- Leading the charge was Super Bowl MVP Security for over three-fourths of their an- cation; as well as the Financial Lit- Quarterback Drew Brees, who completed 32 nual income, according to a 2009 Social Secu- eracy Education Commission; and Fed- out of 39 pass attempts for 288 yards and 2 rity Administration report; eral agencies and nonprofit commu- touchdowns—and Louisiana native Tracy Por- Whereas the average savings of retirees re- nity-based groups, private sector orga- mains at $50,000 according to the Federal Re- ter, whose 74-yard interception return for a serve Board’s Survey of Consumer Finances nizations, the Consumer Federation of touchdown sealed the game for the Saints. for 2007, and recent financial instability has America, and the Employee Benefits I am especially proud of one player from my diminished those funds; Research Institute and its American district, Opelousas High School graduate— Whereas America Saves, managed by the Savings Education Council ‘‘Choose to Wide Receiver Devery Henderson. In his 6th Consumer Federation of America, was estab- Save’’ campaign, a wonderful coalition

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I also want to express my sincere ap- pleted savings to weather this period of The current economic instability in preciation for all that my good friend, financial hardship. When it comes to our Nation today highlights even more Congresswoman JUDY BIGGERT, has preparing against economic uncer- to all Americans the necessity of hav- done. She has been at the forefront of tainty, recognizing deceptive practices, ing a savings plan, some emergency literacy for many years. In terms of building credit, or making dozens of savings, and the value of making sav- her entire service here in the Congress, other day-to-day financial decisions, ings automatic. JUDY BIGGERT has been in a leadership nothing protects consumers and their Research has found that there are role on financial literacy and the im- financial security more effectively higher- and middle- and lower-income portance of saving, and has worked than arming them, even as young stu- savers; and there are spenders, middle, over the years to help improve the fi- dents, with a sound foundation in fi- higher, and lower, and almost all have nancial literacy rate of all individuals nancial literacy, and that lesson begins the ability to build wealth through across these United States at all stages with saving. contributions to workplace retirement of life. Mrs. JUDY BIGGERT certainly de- Sixty percent of preteens do not even programs, building home equity, and serves our commendation. She and know the difference between cash, other savings, if nothing more than Congressman RUBE´ N HINOJOSA co- credit cards, and checks; and yet only just a simple savings account starting founded and currently cochair the Fi- 26 percent of students are actively at a very young age for our children to nancial and Economic Literacy Caucus, learning financial literacy from their get them in the habit of saving. of which I am a member. parents. It is little wonder why 10 mil- Older Americans are more likely to Congressman HINOJOSA could not be lion U.S. households remain com- live within 200 percent of poverty than with us here today because yesterday pletely unbanked or without access to any other age group, and more than 60 was the Texas primary. I am pleased to standard financial tools like a savings percent of the current elderly popu- announce to all of us that he won his account. And that is what makes ini- lation relies on Social Security for primary yesterday. So congratulations tiatives like America Saves Week im- three-fourths of their annual income. to Congressman HINOJOSA, and we are portant. It represents a special oppor- And what I find even more alarming, glad to move on and carry this torch in tunity for financial leaders, from the Mr. Speaker, is that the average sav- his stead today. FDIC and the Federal Trade Commis- ings of retirees remain at $50,000, and I also want to take this opportunity sion to the University of Illinois and the current financial crisis is draining to thank Congresswoman BIGGERT’s the Jump$tart Coalition, to share im- these funds every day; hence, the need staff, Nicole Austin and Zach Cikanek, portant resources and lessons with fu- to help address the financial challenges as well as Chris Crowe on Congress- ture savers who may be able to ride out that older Americans face. woman EDDIE BERNICE JOHNSON’s staff. the next financial downturn, buy a To shed light on all of these short- The gentlewoman from Texas (Ms. home, or retire more comfortably comings, as well as provide ways to ad- EDDIE BERNICE JOHNSON) has done an thanks to the financial tools they dress them, America Saves, managed admiral job in pushing this legislation gained access to today. by the Consumer Federation of Amer- and she deserves to be commended for As the text of today’s resolution sug- ica, was established 9 years ago as an all of her hard work in this area, and gests, the national savings rate has annual nationwide campaign that en- what they all are doing, what we all risen slightly as Americans spend more courages consumers, especially lower- are doing to help the financial and eco- conservatively in the down economy. income households, to enroll as Amer- nomic Literacy Caucus attain its goals. But as we recover, the next step must ican savers and establish a personal This is a tremendous bill for a tremen- be to help families set goals, plan effec- savings goal in an effort to build per- dous purpose. tively, and invest wisely during those sonal wealth and to enhance financial Mr. Speaker, I reserve the balance of times when they are most able to build security. Nothing is more important my time. an economic buffer against future than savings. Mrs. BIGGERT. Mr. Speaker, I yield needs. America Saves now has 53 local, myself such time as I may consume. Mr. Speaker, I would like to take a State, and national campaigns working I thank the gentleman from Georgia brief moment here to urge my col- with over 500 mainstream financial in- (Mr. SCOTT) for his kind words and all leagues to consider joining the Finan- stitutions that provide no-fee or low- he does in the Financial Services Com- cial and Economic Literacy Caucus, if fee or low-opening-balance savings ac- mittee on this type of issue and for his they haven’t already, by contacting ei- counts that allow small savers to management of this resolution. ther me or my distinguished cochair- achieve great success. Government and I rise today to join not only Mr. man, Mr. HINOJOSA. nongovernment entities at the local, SCOTT but also my good friend, the gen- As my colleagues are aware, just last State, and national levels organize tlewoman from Texas (Ms. EDDIE BER- week, the FTC teamed with our caucus America Saves campaigns to encourage NICE JOHNSON), in support of this year’s to showcase consumer protection re- individuals to open savings accounts, resolution making the fourth annual sources available to our constituents to participate in workplace retirement America Saves Week. I am pleased to across America. Now we are getting programs, and to devise a good savings join Congresswoman JOHNSON as a co- ready for another exciting Financial plan. As a result of America Saves, sponsor of the resolution, and I urge Literacy Month, this April, with events over 1,000 local, State, and national or- my colleagues to give it their full sup- and briefings to help Americans of all ganizations have motivated more than port. ages educate themselves on how to be- 145,000 people to enroll as American Mr. Speaker, as most of my col- come more confident, savvy, and safe savers. leagues are aware, I have been working investors and consumers. I hope every I am very pleased that Federal agen- for some years now to make financial Member will be able to find time to cies, States and localities, schools, literacy a top priority both in the participate or send staff to learn more nonprofit organizations, business and classroom and here on Capitol Hill. In about how Members of Congress can other entities, and the people of the 2005, I joined the gentleman from Texas help promote financial literacy in their United States of America observe the (Mr. HINOJOSA), a cosponsor of today’s own way.

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I they are very simple things that people think about credit cards, car loans, and know that I am not alone in saying can do to save money and lead more fi- mortgages. that her presence is missed here on the nancially stable lives. I also have legislation that will pro- House floor. My father said to me when I was a vide grants to programs and financial Mr. Speaker, let me just say once little girl: Whatever you make, large literacy education for young adults and again that I urge my colleagues to join or small, save some of it. That really families, as it is of utmost importance Congresswoman JOHNSON, Congressman started me with a little trend, so now we begin the financial literacy learning HINOJOSA, and me in supporting this for the last 40-plus years, I give a piggy process early in life. I applaud this res- resolution and sound saving habits dur- bank to all newborns of my family and olution’s core principles. ing America Saves Week and through- friends so that saving money becomes Mrs. BIGGERT. Mr. Speaker, having out the year. an institutionalized activity for small no further requests for time, I would I reserve the balance of my time. children. just, in closing, say I urge my col- Mr. SCOTT of Georgia. Mr. Speaker, leagues to support this resolution. b 1730 it is my pleasure to introduce to you I yield back the balance of my time. and yield to her such time as she may And there is some good news; per- Mr. SCOTT of Georgia. Mr. Speaker, consume, the sponsor and author of sonal savings, as a percentage of dis- having no further requests for time, I this bill, the gentlewoman from Texas posable income, has risen from 1.2 per- yield back the balance of my time, and I would urge a positive vote on this (Ms. EDDIE BERNICE JOHNSON), who has cent in the first quarter of 2008 to 4.8 put in just a tremendous amount of percent in the fourth quarter of 2009. very, very important and timely legis- work on this effort. She is certainly to And I might say, Mr. Speaker, that lation. The SPEAKER pro tempore. The be commended for her hard work and that is one of the reasons why the question is on the motion offered by dedication to this issue. economy is not that great, because Ms. EDDIE BERNICE JOHNSON of people are saving their money. the gentleman from Georgia (Mr. Texas. Mr. Speaker, I rise today in It is important to provide the public SCOTT) that the House suspend the strong support of H. Res. 1082, sup- with education on financial matters rules and agree to the resolution, H. porting the goals and ideals of the and developing unbiased and successful Res. 1082. The question was taken; and (two- fourth annual America Saves Week, financial literacy programs, and that thirds being in the affirmative) the which really runs from February 21 will only increase in importance in the rules were suspended and the resolu- through February 28. coming years. I hold very frequent summits and workshops on financial tion was agreed to. I want to take this opportunity to A motion to reconsider was laid on literacy with adults throughout the thank Chairman FRANK for his assist- the table. ance in bringing this important and Dallas area, and our Dallas Inde- timely resolution to the floor. I also pendent School District has made it f would like to thank Congressman now a part of the curriculum. So I NATIONAL ASSOCIATION OF REG- HINOJOSA and Congresswoman BIGGERT want to acknowledge and thank all the ISTERED AGENTS AND BROKERS and Congressman SCOTT for their tire- people involved. REFORM ACT OF 2010 less efforts for consumer protection Again, I would like to acknowledge Mr. SCOTT of Georgia. Mr. Speaker, and financial literacy. former Congresswoman Stephanie I move to suspend the rules and pass America Saves was established 9 Tubbs Jones, who worked hard to im- the bill (H.R. 2554) to reform the Na- years ago as an annual nationwide prove the overall economic situation tional Association of Registered campaign that encourages consumers, for all those residing in the United Agents and Brokers, and for other pur- especially those in lower-income States. poses, as amended. households, to increase their financial Mr. Speaker, I believe that together The Clerk read the title of the bill. literacy, enroll as American savers, we can continue to make a difference The text of the bill is as follows: and establish a personal savings goal in and help empower people to take con- H.R. 2554 an effort to build personal wealth and trol of their financial lives. I thank Be it enacted by the Senate and House of enhance financial security. you, I thank all of the people involved. Representatives of the United States of America America Saves focuses on saving, a Mrs. BIGGERT. I reserve the balance in Congress assembled, focus which creates a national culture of my time. SECTION 1. SHORT TITLE. of financial responsibility, which is in- Mr. SCOTT of Georgia. Mr. Speaker, This Act may be cited as the ‘‘National As- credibly important in these difficult I would like to yield 3 minutes to the sociation of Registered Agents and Brokers economic times. I believe that a finan- distinguished gentleman from Indiana, Reform Act of 2010’’. SEC. 2. REESTABLISHMENT OF THE NATIONAL cially literate public is a key compo- Mr. ANDRE CARSON. ASSOCIATION OF REGISTERED nent to having a strong and robust Mr. CARSON of Indiana. Thank you, AGENTS AND BROKERS. economy. We really are only as rich as Representative SCOTT. (a) IN GENERAL.—Subtitle C of title III of our poorest citizens. Mr. Speaker, I come to the floor in the Gramm-Leach-Bliley Act (15 U.S.C. 6751 Resolutions like America Saves pro- support of House Resolution 1082, sup- et seq.) is amended to read as follows: mote broad-based financial literacy porting the goals and ideals of the ‘‘Subtitle C—National Association of initiatives and are absolutely nec- fourth annual America Saves Week. Registered Agents and Brokers essary for the well-being of our coun- The economy in the last couple of ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- try. A recent survey done by the Na- years has increased everyone’s aware- ISTERED AGENTS AND BROKERS. ‘‘(a) ESTABLISHMENT.—There is established tional Foundation for Credit Coun- ness of the need to take control of the National Association of Registered seling has shown that only 42 percent their personal finances. Rather than Agents and Brokers (hereafter in this sub- of adults say they keep close track of spending more than they have coming title referred to as the ‘Association’). their spending, and roughly 7 percent in, households are making a concerted ‘‘(b) STATUS.—The Association shall— of the adult population, or about 16 effort to save. ‘‘(1) be a nonprofit corporation; million people, don’t know how much Learning to be a disciplined saver is ‘‘(2) have succession until dissolved by an the key to building wealth. It really Act of Congress; they spend on food, housing, and enter- ‘‘(3) not be an agent or instrumentality of tainment. does not make a difference how much the United States Government; and Other statistics show even more dis- your paycheck is each month if you’re ‘‘(4) except as otherwise provided in this tressing trends: 26 percent of the not saving a portion of it for the fu- subtitle, be subject to, and have all the pow- adults, or 58 million people, admit to ture. Most importantly, we should be ers conferred upon a nonprofit corporation

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by the District of Columbia Nonprofit Cor- ‘‘(E) PROVISION OF INFORMATION BY ATTOR- ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP poration Act (D.C. Code, sec. 29–301.01 et NEY GENERAL.—Upon receiving a submission CRITERIA.—The Association may establish seq.). under subparagraph (C)(ii) from the Associa- membership criteria that— ‘‘SEC. 322. PURPOSE. tion, the Attorney General shall search all ‘‘(1) bear a reasonable relationship to the ‘‘The purpose of the Association shall be to records of the Criminal Justice Information purposes for which the Association was es- provide a mechanism through which licens- Services Division of the Federal Bureau of tablished; and ing, continuing education, and other non- Investigation that the Attorney General ‘‘(2) do not unfairly limit the access of resident insurance producer qualification re- deems appropriate for criminal history smaller agencies to the Association member- quirements and conditions can be adopted records corresponding to the identification ship, including imposing discriminatory and applied on a multi-state basis (without information provided under subparagraph (D) membership fees on smaller insurance pro- affecting the laws, rules, and regulations and provide all information contained in ducers. pertaining to resident insurance producers or such records that pertains to the request to ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- appointments or producing a net loss of pro- the Association. EGORIES OF MEMBERSHIP.— ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- ducer licensing revenues to States), while ‘‘(F) LIMITATION ON PERMISSIBLE USES OF IN- preserving the right of States to license, su- ciation may establish separate classes of FORMATION.—The Association may use infor- membership, with separate criteria, if the pervise, discipline, and establish licensing mation provided under subparagraph (E) fees for insurance producers, and to prescribe Association reasonably determines that per- only— and enforce laws and regulations with regard formance of different duties requires dif- ‘‘(i) for purposes of determining compli- to insurance-related consumer protection ferent levels of education, training, experi- and unfair trade practices. ance with membership criteria established ence, or other qualifications. by the Association; ‘‘SEC. 323. MEMBERSHIP. ‘‘(2) CATEGORIES.— ‘‘(ii) to disclose to State insurance regu- ‘‘(a) ELIGIBILITY.— ‘‘(A) SEPARATE CATEGORIES FOR PRODUCERS lators, or Federal or State law enforcement ‘‘(1) IN GENERAL.—Any insurance producer PERMITTED.—The Association may establish licensed in its home State shall, subject to agencies, in conformance with applicable separate categories of membership for pro- paragraphs (2) and (4), be eligible to become law. ducers and for other persons within each a member of the Association. ‘‘(G) APPLICANT ACCESS TO CRIMINAL HIS- class, based on the types of licensing cat- TORY RECORDS.—Notwithstanding subpara- ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- egories that exist under State laws. graph (F), a producer shall have the right to OCATION OF LICENSE.—Subject to paragraph ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY (3), an insurance producer is not eligible to obtain from the Association a copy of any INSTITUTIONS PROHIBITED.—No special cat- become a member of the Association if a criminal history record information con- egories of membership, and no distinct mem- State insurance regulator has suspended or cerning the producer that is provided to the bership criteria, shall be established for revoked such producer’s license in that State Association under subparagraph (E). members which are depository institutions during the 3-year period preceding the date ‘‘(H) PENALTY FOR IMPROPER USE OR DISCLO- or for employees, agents, or affiliates of de- on which such producer applies for member- SURE.— Whoever knowingly uses any infor- pository institutions. ship. mation provided under subparagraph (E) for ‘‘(d) MEMBERSHIP CRITERIA.— ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- a purpose not authorized in subparagraph ‘‘(1) IN GENERAL.—The Association may es- graph (2) shall cease to apply to any insur- (F), or discloses any such information to tablish criteria for membership which shall ance producer if— anyone not authorized to receive it, shall be include standards for personal qualifications, ‘‘(A) the State insurance regulator reissues fined under title 18, United States Code, im- education, training, and experience. or renews the license of such producer in the prisoned for not more than 2 years, or both. ‘‘(2) QUALIFICATIONS.—In establishing cri- State in which the license was suspended or ‘‘(I) RELIANCE ON INFORMATION.—Neither teria under paragraph (1), the Association revoked; or the Association nor any of its directors, offi- shall consider the NAIC Producer Licensing ‘‘(B) the suspension or revocation is subse- cers, or employees shall be liable in any ac- Model Act and the highest levels of insur- quently overturned. tion for using information provided under ance producer qualifications established ‘‘(4) CRIMINAL BACKGROUND RECORD CHECK subparagraph (E) as permitted under sub- under the licensing laws of the States. REQUIRED.— paragraph (F) in good faith and in reasonable ‘‘(3) ASSISTANCE FROM STATES.— ‘‘(A) IN GENERAL.—An insurance producer reliance on its accuracy. ‘‘(A) IN GENERAL.—The Association may re- shall not be eligible to become a member of ‘‘(J) FEES.—The Attorney General may quest a State to provide assistance in inves- the Association unless the producer has un- charge a reasonable fee to defray the expense tigating and evaluating a prospective mem- dergone a national criminal background of conducting the search and providing the ber’s eligibility for membership in the Asso- record check that complies with regulations information under subparagraph (E), and any ciation. prescribed by the Attorney General under such fee shall be collected and remitted by ‘‘(B) RULE OF CONSTRUCTION.—Subpara- subparagraph (L). the Association. graph (A) shall not be construed as requiring ‘‘(B) CRIMINAL BACKGROUND RECORD CHECK ‘‘(K) RULE OF CONSTRUCTION.—Nothing in or authorizing any State to adopt new or ad- REQUESTED BY HOME STATE.—An insurance this paragraph shall be construed as— ditional requirements concerning the licens- producer who is licensed in a State and who ‘‘(i) requiring a State insurance regulator ing or evaluation of insurance producers. has undergone a national criminal back- to perform criminal background checks ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- ground record check in compliance with such under this section; or tion may, based on reasonably consistently requirements as a condition for such licen- ‘‘(ii) limiting any other authority that al- applied standards, deny membership to any sure shall be deemed to have undergone a na- lows access to criminal background records. State-licensed insurance producer for failure tional criminal background record check for ‘‘(L) REGULATIONS.—The Attorney General to meet the membership criteria established purposes of subparagraph (A). shall prescribe regulations to carry out this by the Association. ‘‘(C) CRIMINAL BACKGROUND RECORD CHECK paragraph, which shall include— ‘‘(e) EFFECT OF MEMBERSHIP.— REQUESTED BY ASSOCIATION.— ‘‘(i) appropriate protections for ensuring ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— ‘‘(i) IN GENERAL.—The Association shall, the confidentiality of information provided Membership in the Association shall— upon request by an insurance producer li- under subparagraph (E); and ‘‘(A) authorize an insurance producer to censed in a State, submit identification in- ‘‘(ii) procedures providing a reasonable op- sell, solicit, negotiate, effect, procure, de- formation obtained from such producer, and portunity for a producer to contest the accu- liver, renew, continue, or bind insurance in a request for a national criminal background racy of information regarding the producer any State for which the member pays the li- record check of such producer, to the Federal provided under subparagraph (E). censing fee set by such State for any line or Bureau of Investigation. ‘‘(M) INELIGIBILITY FOR MEMBERSHIP.— lines of insurance specified in such pro- ‘‘(ii) BYLAWS OR RULES.—The board of di- ‘‘(i) IN GENERAL.—The Association may, ducer’s home State license, and exercise all rectors of the Association shall prescribe by- under reasonably consistently applied stand- such incidental powers, as shall be necessary laws or rules for obtaining and utilizing ards, deny membership to an insurance pro- to carry out such activities, including claims identification information and criminal his- ducer on the basis of criminal history infor- adjustments and settlement, risk manage- tory record information, including the estab- mation provided under subparagraph (E). ment, employee benefits advice, retirement lishment of reasonable fees required to per- ‘‘(ii) RIGHTS OF APPLICANTS DENIED MEM- planning, and any other insurance-related form a criminal background record check BERSHIP.—The Association shall notify any consulting activities; and appropriate safeguards for maintaining producer who is denied membership on the ‘‘(B) be the equivalent of a nonresident in- confidentiality and security of the informa- basis of criminal history record information surance producer license issued in any State tion. provided under subparagraph (E) of the right where the member pays the licensing fee; ‘‘(D) FORM OF REQUEST.—A submission of the producer to— and under subparagraph (C)(i) shall include such ‘‘(I) obtain a copy of all criminal history ‘‘(C) subject an insurance producer to all identification information as required by the record information provided to the Associa- laws, regulations, provisions or other action Attorney General concerning the person tion under subparagraph (E) with respect to of any State concerning revocation or sus- about whom the record is requested and a the producer; and pension of a member’s ability to engage in statement signed by the person authorizing ‘‘(II) challenge the accuracy and complete- any activity within the scope of authority the Association to obtain the information. ness of the information. granted under this subsection and to all

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.045 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1073 State laws, regulations, provisions and ac- State insurance regulators related to mem- other body that is the principal insurance tions preserved under paragraph (5). bers of the Association; regulatory authority for the State. ‘‘(2) DUPLICATIVE LICENSES.—No State, ‘‘(B) refer any proper complaint received in ‘‘(d) TERMS.— other than the member’s home State, may accordance with subparagraph (A) and make ‘‘(1) IN GENERAL.—The term of each Board require an individual member to obtain a any related records and information avail- member shall be for 2 years, except that— business entity license or membership in able to the NAIC or its designee and to each ‘‘(A) the term of— order to engage in any activity within the State insurance regulator for the State of ‘‘(i) 3 of the State insurance commissioner scope of authority granted in paragraph (1) residence of the consumer who filed the com- members of the Board initially appointed or in order for the member or any employer, plaint; and under subparagraph (A) of paragraph (1), employee, or affiliate of the member to re- ‘‘(C) refer, when appropriate, any such ‘‘(ii) 1 of the property and casualty insur- ceive compensation for the member’s per- complaint to any additional appropriate ance producer members of the Board ini- formance of any such activity. State insurance regulator. tially appointed under subparagraph (B) of ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- ‘‘(2) TELEPHONE AND OTHER ACCESS.—The paragraph (1), and ciation shall act as any member’s agent for Association shall maintain a toll-free tele- ‘‘(iii) 1 of the insurer representative mem- purposes of remitting licensing fees to any phone number for the purpose of this sub- bers of the Board initially appointed under State pursuant to paragraph (1). section and, as practicable, other alternative subparagraphs (D) and (E) of paragraph (1), ‘‘(4) REGULATOR NOTIFICATION.—The Asso- means of communication with consumers, shall be 1 year, as designated by the Presi- ciation shall notify the National Association such as an Internet web page. dent at the time of the nomination of such of Insurance Commissioners (hereinafter in ‘‘SEC. 324. BOARD OF DIRECTORS. this subtitle referred to as the ‘NAIC’) or its members; ‘‘(a) ESTABLISHMENT.—There is established designee when a producer becomes a member ‘‘(B) a member of the Board may continue the board of directors of the Association and identify, on an ongoing basis, the States to serve after the expiration of the term to (hereafter in this subtitle referred to as the in which the member is authorized to oper- which such member was appointed until a ‘Board’), which shall have authority to gov- ate. successor is qualified; and ern and supervise all activities of the Asso- ‘‘(C) any member of the Board appointed to ‘‘(5) PRESERVATION OF STATE CONSUMER ciation. fill a vacancy occurring before the expira- PROTECTION AND MARKET CONDUCT REGULA- ‘‘(b) POWERS.—The Board shall have such tion of the term for which the member’s TION.—No provision of this section shall be of the Association’s powers and authority as construed as altering or affecting the con- predecessor was appointed shall be appointed may be specified in the bylaws of the Asso- tinuing effectiveness of any law, regulation, only for the remainder of that term. ciation. provision, or other action of any State which ‘‘(2) SUCCESSIVE TERMS.—Board members ‘‘(c) COMPOSITION.— purports to regulate market conduct or un- may be reappointed to successive terms. ‘‘(1) IN GENERAL.—The Board shall consist fair trade practices or establish consumer ‘‘(e) MEETINGS.— of 11 members who shall be appointed by the protections to the extent that such law, reg- ‘‘(1) IN GENERAL.—The Board shall meet at President, by and with the advice and con- ulation, provision, or other action is not in- the call of the chairperson, as requested in sent of the Senate, of whom— consistent with the provisions of this sub- writing to the chairperson by at least four ‘‘(A) 6 shall be State insurance commis- title, and then only to the extent of such in- members of the Board, or as otherwise pro- sioners appointed in the manner provided in consistency. vided by the bylaws of the Association. paragraph (2), ‘‘(f) BIENNIAL RENEWAL.—Membership in ‘‘(2) QUORUM REQUIRED.—A majority of di- the Association shall be renewed on a bien- ‘‘(B) 2 shall be representatives of property rectors shall constitute a quorum. nial basis. and casualty insurance producers, ‘‘(3) VOTING.—Decisions of the Board shall ‘‘(g) CONTINUING EDUCATION.— ‘‘(C) 1 shall be a representative of life or require the approval of a majority of all di- ‘‘(1) IN GENERAL.—The Association shall es- health insurance producers, rectors present at a meeting, a quorum being tablish, as a condition of membership, con- ‘‘(D) 1 shall be a representative of property present. and casualty insurers, and tinuing education requirements which shall ‘‘SEC. 325. OFFICERS. be comparable to the continuing education ‘‘(E) 1 shall be a representative of life or health insurers. ‘‘(a) POSITIONS.—The officers of the Asso- requirements under the licensing laws of a ciation shall consist of a chairperson and a ‘‘(2) STATE INSURANCE REGULATOR REP- majority of the States. vice chairperson of the Board, an executive RESENTATIVES.— ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- director, secretary, and treasurer of the As- MENTS.—A member may not be required to ‘‘(A) Before making any appointments pur- suant to subparagraph (A) of paragraph (1), sociation, and such other officers and assist- satisfy continuing education requirements ant officers as may be deemed necessary. imposed under the laws, regulations, provi- the President shall request a list of rec- ‘‘(b) MANNER OF SELECTION.—Each officer sions, or actions of any State other than ommended candidates from the NAIC, which shall not be binding on the President. If the of the Board and the Association shall be such member’s home State. elected or appointed at such time, in such ‘‘(3) RECIPROCITY.—The Association shall NAIC fails to submit list of recommenda- tions within 15 days of the request, the Presi- manner, and for such terms as may be pre- not require a member to satisfy continuing scribed in the bylaws of the Association. education requirements that are equivalent dent may make the requisite appointments to any continuing education requirements of without considering the views of the NAIC. ‘‘SEC. 326. BYLAWS, RULES, AND DISCIPLINARY the member’s home State that have been ‘‘(B) Not more than 3 members appointed ACTION. satisfied by the member during the applica- to membership on the Board pursuant to ‘‘(a) ADOPTION AND AMENDMENT OF BY- ble licensing period. subparagraph (A) of paragraph (1) shall be- LAWS.— ‘‘(4) LIMITATION ON ASSOCIATION.—The Asso- long to the same political party. ‘‘(1) COPY REQUIRED TO BE FILED.—The ciation shall not directly or indirectly offer ‘‘(C) If fewer than 6 State insurance com- board of directors of the Association shall any continuing education courses for insur- missioners accept appointment to the Board, submit to the President and the NAIC any ance producers. the President may appoint the remaining proposed bylaw or rules of the Association or ‘‘(h) PROBATION, SUSPENSION AND REVOCA- State insurance commissioner members of any proposed amendment to the bylaws or TION.— the Board from among individuals who are rules, accompanied by a concise general ‘‘(1) DISCIPLINARY ACTION.—The Association former State insurance commissioners, pro- statement of the basis and purpose of such may place an insurance producer that is a vided that any former insurance commis- proposal. member of the Association on probation or sioner so appointed shall not be employed by ‘‘(2) EFFECTIVE DATE.—Any proposed bylaw suspend or revoke such producer’s member- or have a present direct or indirect financial or rule or proposed amendment to the bylaws ship in the Association, as the Association interest in any insurer or other entity in the or rules shall take effect, after notice pub- determines to be appropriate, if— insurance industry other than direct or indi- lished in the Federal Register and oppor- ‘‘(A) the producer fails to meet the applica- rect ownership of, or beneficial interest in, tunity for comment, upon such date as the ble membership criteria of the Association; an insurance policy or annuity contract Association may designate, unless suspended or written or sold by an insurer. under subsection (c) of section 330. ‘‘(B) the producer has been subject to dis- ‘‘(3) PRIVATE SECTOR REPRESENTATIVES.—In ‘‘(b) DISCIPLINARY ACTION BY THE ASSOCIA- ciplinary action pursuant to a final adjudica- making any appointments pursuant to sub- TION.— tory proceeding under the jurisdiction of a paragraphs (B) through (E) of paragraph (1), ‘‘(1) SPECIFICATION OF CHARGES.—In any State insurance regulator. the President may seek recommendations proceeding to determine whether member- ‘‘(2) REPORTING TO STATE REGULATORS.— for candidates from national trade associa- ship shall be denied, suspended, revoked, or The Association shall notify the NAIC or its tions representing the category of individ- not renewed (hereafter in this section re- designee when a producer’s membership has uals described, which shall not be binding on ferred to as a ‘disciplinary action’) or to de- been suspended, revoked, and otherwise ter- the President. termine whether a member of the Associa- minated. ‘‘(4) STATE INSURANCE COMMISSIONER DE- tion should be placed on probation, the Asso- ‘‘(i) CONSUMER COMPLAINTS.— FINED.—For purposes of this subsection, the ciation shall bring specific charges, notify ‘‘(1) IN GENERAL.—The Association shall— term ‘State insurance commissioner’ means such member of such charges, give the mem- ‘‘(A) receive and, when appropriate, inves- a person who serves in the position in State ber an opportunity to defend against the tigate complaints from both consumers and government, or on the board, commission, or charges, and keep a record.

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‘‘(2) SUPPORTING STATEMENT.—A deter- a manner contrary to the interests of the which members of the Association may pur- mination to take disciplinary action shall be public or the purposes of this subtitle or has suant to section 323(e) disclose their intent supported by a statement setting forth— failed to perform its duties under this sub- to operate in 1 or more States and pay the li- ‘‘(A) any act or practice in which such title, the President may remove the entire censing fees to the appropriate States; and member has been found to have been en- existing Board for the remainder of the term ‘‘(2) establish a national database for the gaged; to which the members of the Board were ap- collection of regulatory information con- ‘‘(B) the specific provision of this subtitle, pointed and appoint, in accordance with sec- cerning the activities of insurance producers the rules or regulations under this subtitle, tion 324 and with the advice and consent of or contract with the NAIC or any other enti- or the rules of the Association which any the Senate, new members to fill the vacan- ty to utilize such a database. such act or practice is deemed to violate; and cies on the Board for the remainder of such ‘‘(b) COORDINATION WITH THE FINANCIAL IN- ‘‘(C) the sanction imposed and the reason terms. DUSTRY REGULATORY AUTHORITY.—The Asso- for such sanction. ‘‘(b) REMOVAL OF BOARD MEMBER.—The ciation shall coordinate with the Financial ‘‘SEC. 327. POWERS. President may remove a member of the Industry Regulatory Authority in order to ‘‘In addition to all the powers conferred Board only for neglect of duty or malfea- ease any administrative burdens that fall on upon a nonprofit corporation by the District sance in office. persons that are members of both associa- of Columbia Nonprofit Corporation Act, the ‘‘(c) SUSPENSION OF RULES OR ACTIONS.— tions, consistent with the requirements of Association shall have the following powers: The President, or a person designated by the this subtitle and the Federal securities laws. ‘‘(1) To establish and collect such member- President for such purpose, may suspend the ‘‘SEC. 333. RIGHT OF ACTION. ship fees as the Association finds necessary effectiveness of any rule, or prohibit any ac- ‘‘(a) RIGHT OF ACTION.—Any person ag- to impose to cover the costs of its oper- tion, of the Association which the President grieved by a decision or action of the Asso- ations. or the designee determines is contrary to the ciation may, after reasonably exhausting ‘‘(2) To adopt, amend, and repeal bylaws purposes of this subtitle. available avenues for resolution within the and rules governing the conduct of Associa- ‘‘SEC. 331. RELATIONSHIP TO STATE LAW. Association, commence a civil action in an tion business and performance of its duties. ‘‘(a) PREEMPTION OF STATE LAWS.—State appropriate United States district court, and ‘‘(3) To establish procedures for providing laws, regulations, provisions, or other ac- obtain all appropriate relief. notice and opportunity for comment pursu- tions purporting to regulate insurance pro- ‘‘(b) ASSOCIATION INTERPRETATIONS.—In ant to section 326(a). ducers shall be preempted to the extent pro- any such action, the court shall give appro- ‘‘(4) To enter into and perform such agree- vided in subsection (b). priate weight to the Association’s interpre- ments as necessary to carry out its duties. ‘‘(b) PROHIBITED ACTIONS.— tation of its bylaws and this subtitle. ‘‘(5) To hire employees, professionals or ‘‘(1) IN GENERAL.—No State shall— ‘‘SEC. 334. DEFINITIONS. specialists, and elect or appoint officers, and ‘‘(A) impede the activities of, take any ac- ‘‘For purposes of this subtitle, the fol- to fix their compensation, define their duties tion against, or apply any provision of law or lowing definitions shall apply: and give them appropriate authority to regulation arbitrarily or discriminatorily to, ‘‘(1) HOME STATE.—The term ‘home State’ carry out the purposes of this subtitle, and any insurance producer because that insur- means the State in which the insurance pro- determine their qualification; and to estab- ance producer or any affiliate plans to be- ducer maintains its principal place of resi- lish the Association’s personnel policies and come, has applied to become, or is a member dence or business and is licensed to act as an programs relating to, among other things, of the Association; insurance producer. conflicts of interest, rates of compensation. ‘‘(B) impose any requirement upon a mem- ‘‘(2) INSURANCE.—The term ‘insurance’ and qualifications of personnel. ber of the Association that it pay fees dif- means any product, other than title insur- ‘‘(6) To borrow money. ferent from those required to be paid to that ance, defined or regulated as insurance by ‘‘(7) To secure funding from board member State were it not a member of the Associa- the appropriate State insurance regulatory organizations and other industry associa- tion; authority. tions for such amounts that the Association ‘‘(C) impose any continuing education re- ‘‘(3) INSURANCE PRODUCER.—The term ‘in- determines to be necessary and appropriate quirements on nonresident insurance pro- surance producer’ means any insurance to organize and begin operations of the Asso- ducers; or agent or broker, excess or surplus lines ciation, which shall be treated as loans to be ‘‘(D) impose any licensing, registration, or broker or agent, insurance consultant, lim- repaid by the Association with interest at appointment requirements upon any non- ited insurance representative, and any other market rate. resident insurance producer that sells, solic- individual or entity that solicits, negotiates, ‘‘SEC. 328. REPORT BY ASSOCIATION. its, negotiates, effects, procures, delivers, re- effects, procures, delivers, renews, continues ‘‘(a) IN GENERAL.—As soon as practicable news, continues, or binds insurance for com- or binds policies of insurance or offers ad- after the close of each fiscal year, the Asso- mercial property and casualty risks to an in- vice, counsel, opinions or services related to ciation shall submit to the President and the sured with risks located in more than 1 insurance. NAIC a written report regarding the conduct State, if such nonresident insurance pro- ‘‘(4) STATE.—The term ‘State’ includes any of its business, and the exercise of the other ducer is otherwise licensed as an insurance State, the District of Columbia, any terri- rights and powers granted by this subtitle, producer in the State where the insured tory of the United States, and Puerto Rico, during such fiscal year. maintains its principal place of business and Guam, American Samoa, the Trust Territory ‘‘(b) FINANCIAL STATEMENTS.—Each report the contract of insurance insures risks lo- of the Pacific Islands, the Virgin Islands, and submitted under subsection (a) with respect cated in that State. the Northern Mariana Islands. to any fiscal year shall include financial ‘‘(2) STATES OTHER THAN A HOME STATE.—No ‘‘(5) STATE LAW.— statements setting forth the financial posi- State, other than a member’s home State, ‘‘(A) IN GENERAL.—The term ‘State law’ in- tion of the Association at the end of such fis- shall— cludes all laws, decisions, rules, regulations, cal year and the results of its operations (in- ‘‘(A) impose any licensing, integrity, per- or other State action having the effect of cluding the source and application of its sonal or corporate qualifications, education, law, of any State. funds) for such fiscal year. training, experience, residency, continuing ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF ‘‘SEC. 329. LIABILITY OF THE ASSOCIATION AND education, or bonding requirement upon a COLUMBIA.—A law of the United States appli- THE DIRECTORS, OFFICERS, AND member of the Association that is different cable only to or within the District of Co- EMPLOYEES OF THE ASSOCIATION. lumbia shall be treated as a State law rather ‘‘(a) IN GENERAL.—The Association shall from the criteria for membership in the As- sociation or renewal of such membership; than a law of the United States.’’. not be deemed to be an insurer or insurance (b) CLERICAL AMENDMENT.—The table of producer within the meaning of any State ‘‘(B) impose any requirement upon a mem- ber of the Association that it be licensed, contents for the Gramm-Leach-Bliley Act is law, rule, regulation, or order regulating or amended by striking the items relating to taxing insurers, insurance producers, or registered, or otherwise qualified to do busi- ness or remain in good standing in such subtitle C of title III and inserting the fol- other entities engaged in the business of in- lowing new items: surance, including provisions imposing pre- State, including any requirement that such ‘‘Subtitle C—National Association of mium taxes, regulating insurer solvency or insurance producer register as a foreign com- Registered Agents and Brokers financial condition, establishing guaranty pany with the secretary of state or equiva- funds and levying assessments, or requiring lent State official; or ‘‘Sec. 321. National association of registered claims settlement practices. ‘‘(C) require that a member of the Associa- agents and brokers. ‘‘(b) LIABILITY OF DIRECTORS, OFFICERS, tion submit to a criminal history record ‘‘Sec. 322. Purpose. ‘‘Sec. 323. Membership. AND EMPLOYEES.—No director, officer, or em- check as a condition of doing business in such State. ‘‘Sec. 324. Board of directors. ployee of the Association shall be personally ‘‘Sec. 325. Officers. liable to any person for any action taken or ‘‘SEC. 332. COORDINATION WITH OTHER REGU- ‘‘Sec. 326. Bylaws, rules, and disciplinary ac- omitted in good faith in any matter within LATORS. tion. the scope of their responsibilities in connec- ‘‘(a) COORDINATION WITH STATE INSURANCE ‘‘Sec. 327. Powers. tion with the Association. REGULATORS.—The Association may— ‘‘Sec. 328. Report by association. ‘‘SEC. 330. PRESIDENTIAL OVERSIGHT. ‘‘(1) establish a central clearinghouse, or ‘‘Sec. 329. Liability of the association and ‘‘(a) REMOVAL OF BOARD.—If the President utilize the NAIC or any other appropriate en- the directors, officers, and em- determines that the Association is acting in tity as a central clearinghouse, through ployees of the association.

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0655 E:\CR\FM\A03MR7.045 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1075 ‘‘Sec. 330. Presidential oversight. and will not affect the rights of a non- lation. He has done an excellent job, ‘‘Sec. 331. Relationship to State law. member producer under any State li- and I have enjoyed working with him. ‘‘Sec. 332. Coordination with other regu- cense. I urge its passage in the House once lators. This legislation will benefit policy- again. ‘‘Sec. 333. Judicial review and enforcement. ‘‘Sec. 334. Definitions.’’. holders by increasing marketplace CONGRESS OF THE UNITED STATES, competition and consumer choice by OMMITTEE ON THE UDICIARY SEC. 3. COMPLIANCE PROVISION. C J , Washington, DC, March 2, 2010. The budgetary effects of this Act, for the enabling insurance producers to more Hon. BARNEY FRANK, purpose of complying with the Statutory quickly and responsibly serve the needs Chairman, Committee on Financial Services, Pay-As-You-Go-Act of 2010, shall be deter- of consumers. A private nonprofit House of Representatives, mined by reference to the latest statement NARAB entity consisting of State in- Washington, DC. titled ‘‘Budgetary Effects of PAYGO Legisla- surance regulators and marketplace DEAR CHAIRMAN FRANK: This is to advise tion’’ for this Act, submitted for printing in representatives will serve as a portal you that, as a result of your having con- the Congressional Record by the Chairman of for agents and brokers to obtain non- sulted with us on provisions in H.R. 2554, the the Committee on the Budget of the House of resident licenses in additional States. National Association of Registered Agents Representatives, provided that such state- This is provided that they pay the re- and Brokers Reform Act of 2009, that fall ment has been submitted prior to the vote on within the rule X jurisdiction of the Com- passage. quired State nonresident licensing fees and that they meet the NARAB stand- mittee on the Judiciary, we are able to agree The SPEAKER pro tempore. Pursu- to discharging our committee from further ard for membership. ant to the rule, the gentleman from consideration of the bill in order that it may This bill also would establish mem- Georgia (Mr. SCOTT) and the gentleman proceed without delay to the House floor for bership criteria which would include from Texas (Mr. NEUGEBAUER) each will consideration. standards for personal qualifications, control 20 minutes. The Judiciary Committee takes this action education, training, and experience. with our mutual understanding that by fore- The Chair recognizes the gentleman And further, member applicants would going consideration of H.R. 2554 at this time, from Georgia. be required to undergo a national we do not waive any jurisdiction over subject GENERAL LEAVE criminal background check. matter contained in this or similar legisla- Mr. SCOTT of Georgia. Mr. Speaker, This very important bill clarifies tion, and that our Committee will be appro- priately consulted and involved as the bill or I ask unanimous consent that all Mem- current State consumer protection, bers may have 5 legislative days within similar legislation moves forward, so that we and market conduct regulation would may address any remaining issues in our ju- which to revise and extend their re- be preserved. NARAB board members risdiction. Our Committee also reserves the marks on this legislation and to insert would include a narrow majority of right to seek appointment of an appropriate extraneous material thereon. State insurance regulators. All bylaws number of conferees to any House-Senate The SPEAKER pro tempore. Is there and reports of the association will be conference involving this or similar legisla- objection to the request of the gen- filed with the National Association of tion, and requests your support for any such tleman from Georgia? Insurance Commissioners. This legisla- request. There was no objection. I would appreciate your including this let- tion directs the NARAB board to con- ter in the Congressional Record during con- Mr. SCOTT of Georgia. Mr. Speaker, sider utilizing the NAIC as the entity sideration of the bill on the House floor. I yield myself such time as I may con- that the association will collaborate Thank you for your attention to this re- sume. with on a central clearinghouse and a quest, and for the cooperative relationship Mr. Speaker, I am pleased to join national database for regulatory infor- between our two committees. with my fellow colleagues in bringing mation. NARAB would not be a part of Sincerely, this important legislation to the floor nor would be required to report to any JOHN CONYERS, JR., Chairman. for a vote today. This legislation is Federal agency, nor would it have any timely since the issue of insurance reg- Federal regulatory power. COMMITTEE ON FINANCIAL SERVICES, ulatory reform has remained crucial Congress endorsed this concept Washington, DC, March 2, 2010. for some time now. through its passage of the Gramm- Hon. JOHN CONYERS, I am pleased to introduce H.R. 2554, Leach-Bliley Act in 1999, which would Chairman, Committee on the Judiciary, the National Association of Registered have created NARAB if a number of House of Representatives, Washington, DC. Agents and Brokers Reform Act, with States did not reach a certain level of DEAR CHAIRMAN CONYERS: Thank you for Congressman NEUGEBAUER to help licensing reciprocity. At that time, your letter concerning H.R. 2554, the ‘‘Na- guarantee adequate agent broker li- tional Association of Registered Agents and enough reciprocity was provided to Brokers Reform Act of 2009.’’ This bill will be censing as well as ensure increased avoid the creation of NARAB, but it considered by the House shortly. competition. That is the important has become clear that follow-up legis- I want to confirm our mutual under- word in this, Mr. Speaker, ‘‘increased lation is necessary. standing with respect to the consideration of competition.’’ So my bill addresses market entry this bill. I acknowledge that portions of the Insurance regulatory reform is an procedures only, and it would not im- bill fall within the jurisdiction of the Com- issue many involved agree requires ac- pact the daily regulation of insurance. mittee on the Judiciary and I appreciate tion, and this bill is a good starting your cooperation in moving the bill to the Insurance agents would still be subject House floor expeditiously. I further agree point for leveling the playing field for to the consumer protection laws of that your decision to not to proceed with a insurance agents and brokers. H.R. 2554 each of the States. This legislation markup on this bill will not prejudice the would simply establish the National passed in the 110th Congress by a voice Committee on the Judiciary with respect to Association of Registered Agents and vote, but this version has some impor- its prerogatives on this or similar legisla- Brokers to provide for nonresident in- tant improvements. Among these im- tion. I would support your request for an ap- surance agent and broker licensing provements, sections have been added propriate number of conferees in the event of while preserving the rights of States to to ensure that State regulators are no- a House-Senate conference. I will include a copy of this letter and your supervise and discipline insurance tified when a producer becomes a response in the CONGRESSIONAL RECORD. agents and brokers. NARAB member, becomes authorized Thank you again for your cooperation. This legislation will benefit con- to operate in new States, or a member- BARNEY FRANK, sumers through increased competition ship is suspended or revoked. Also, this Chairman. among agents and brokers, leading to version makes revisions concerning Mr. Speaker, I reserve the balance of greater consumer choice. This legisla- NARAB’s board of directors to clarify my time. tion is straightforward. Insurance certain provisions, namely, that the Mr. NEUGEBAUER. Mr. Speaker, I agents and brokers who are licensed in President would formally make the ap- rise today in support of H.R. 2554, and good standing in their home States can pointments, and references to private- I also want to thank my colleague from apply for membership to the National sector trade associations are elimi- Georgia (Mr. SCOTT) for his leadership Association of Registered Agents and nated. on this legislation. Brokers, which we call NARAB. This Again, I want to thank my Repub- We introduced this legislation almost will allow them to operate in multiple lican colleague, Congressman 1 year ago with strong bipartisan sup- States. Membership will be voluntary NEUGEBAUER, for his work on this legis- port. Mr. SCOTT has worked with the

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.045 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1076 CONGRESSIONAL RECORD — HOUSE March 3, 2010 House leadership to help get this bill to for his distinguished work on this. It SECTION 1. USE OF EMANCIPATION HALL FOR the floor today, and I certainly appre- has been a pleasure. PRESENTATION OF CONGRESSIONAL GOLD MEDAL TO WOMEN AIRFORCE ciate his efforts. Again, as he articulated eloquently a SERVICE PILOTS. This bill sets up a private nonprofit few minutes ago, the two things that (a) AUTHORIZATION.—Emancipation Hall in insurance system that will help insur- this bill really does is it helps Amer- the Capitol Visitor Center is authorized to be ance agents and brokers do business ican consumers by increasing competi- used for a ceremony on March 10, 2010, to across State lines more efficiently. Not tion in the marketplace—that is really present the Congressional Gold Medal to the only does this help reduce regulatory what we need as we deal with the very Women Airforce Service Pilots. burden for agents, but it also helps topical issue of insurance. And it pro- (b) PREPARATIONS.—Physical preparations for the conduct of the ceremony described in consumers by giving them more vides the American people, the Amer- subsection (a) shall be carried out in accord- choices. ican consumer, with choice. So com- ance with such conditions as may be pre- At its core, this is really a small petition and choice are certainly the scribed by the Architect of the Capitol. business bill. Most insurance agents great beneficiaries of this legislation. The SPEAKER pro tempore. Pursu- and brokers are independent small I might add that our act has garnered ant to the rule, the gentlewoman from businesses; they don’t have a lot of em- support from both sides of the aisle. We California (Mrs. DAVIS) and the gentle- ployees. So when they have to file pa- have both Democrats and Republicans woman from Florida (Ms. ROS- perwork for multiple States in order to working together on this. Forty-eight LEHTINEN) each will control 20 minutes. do business across State lines, that of us are sponsors to this bill, and 27 of The Chair recognizes the gentle- only adds more cost for their compli- us belong to the Financial Services woman from California. ance. Under this bill, they can register Committee, where we have done work GENERAL LEAVE with the new National Association of on it. Registered Agents and Brokers, Mrs. DAVIS of California. Mr. Speak- b 1745 NARAB, and that will serve as a portal er, I ask unanimous consent that all for them to be licensed more easily in This bill has the support of NAIC, as Members may have 5 legislative days other States. I said earlier. It shows that the State to revise and extend their remarks in In today’s economy, this bill makes insurance regulators, themselves, be- the RECORD on this concurrent resolu- sense for small businesses. If a cus- lieve that this type of legislation has tion. tomer moves to another State but needed reform. In addition, the Inde- The SPEAKER pro tempore. Is there wants to keep his insurance agent that pendent Insurance Agents and Brokers objection to the request of the gentle- has worked for him for years, this bill of America supports this bill. The Na- woman from California? will streamline the process for that tional Association of Insurance and Fi- There was no objection. agent to be licensed in other States. If nancial Advisors supports the bill. The Mrs. DAVIS of California. I yield my- a customer wants that agent’s trust to National Association of Mutual Insur- self such time as I may consume. help them with policies for an elderly ance Companies, the Property Casualty Mr. Speaker, I rise today in support parent that they are caring for who Insurance Association of America, the of House Concurrent Resolution 239. As lives in another State, this bill also Council of Insurance Agents and Bro- Chair of the House Armed Services makes that feasible. kers, as well as a number of individual Subcommittee on Military Personnel H.R. 2554 provides a way to stream- insurance companies, all are in support and as co-Chair of the Women’s Caucus line insurance agent licensing across of this bill. Task Force on Women in the Military State lines without creating a new gov- I am proud to have had an oppor- and Veterans, I am privileged to recog- ernment bureaucracy, with no cost to tunity to work with and to have nize their service. the taxpayers, with consistent con- brought this bill before the House. I We are all familiar with the icon of sumer protections, and without new ask, certainly, for favorable support. Rosie the Riveter, working in war fac- mandates on States. This bill empow- I yield back the balance of my time. tories during World War II. Her motto ers insurance agents and their cus- The SPEAKER pro tempore. The was, ‘‘We can do it.’’ tomers without making the govern- question is on the motion offered by Well, the Women Airforce Service Pi- ment bigger or more expensive. the gentleman from Georgia (Mr. lots did it, too. Almost 70 years ago, The option for NARAB was first in- SCOTT) that the House suspend the they became pioneers for women’s cluded in the 1999 Gramm-Leach-Bliley rules and pass the bill, H.R. 2554, as equality in the armed services. As ci- Act, but the bar was not set high amended. vilian pilots under the direction of the enough. Congress realized that in 2008 The question was taken; and (two- U.S. Army Air Forces, flying noncom- when the House passed this legislation thirds being in the affirmative) the bat missions from 1942 to 1944, they by voice vote. While the Senate did not rules were suspended and the bill, as bravely stepped into service while their take up the bill last time, my hope is amended, was passed. male counterparts were sent to com- that broad bipartisan support in the A motion to reconsider was laid on bat. House again will move this much-need- the table. The Women Airforce Service Pilots ed bill forward. f are referred to as the ‘‘WASP.’’ Unlike many acronyms used in the military, We’ve had a lot of debate and discus- AUTHORIZING USE OF EMANCI- sion in the Financial Services Com- this is an apt name. For like WASP, PATION HALL TO PRESENT CON- their work demanded a unique com- mittee about the big picture for insur- GRESSIONAL GOLD MEDAL TO ance regulation. There are a lot of per- bination of feistiness and strength, un- WOMEN AIRFORCE SERVICE PI- derlined by loyalty to their fellow spectives on that issue. The good news LOTS about this bill, however, is that this is WASP and their country. They flew one insurance reform that we can all Mrs. DAVIS of California. Mr. Speak- every type of military aircraft in every agree on. er, I move to suspend the rules and kind of mission except combat. They I urge my colleagues to support this agree to the concurrent resolution (H. ferried aircraft from factories to mili- bill. It’s good for small businesses, it’s Con. Res. 239) authorizing the use of tary installations. They towed aerial good for our community agents, and Emancipation Hall in the Capitol Vis- targets, transported cargo, and served it’s good for the customers that they itor Center for a ceremony to present in training exercises. serve. the Congressional Gold Medal to the There were 38 of the, roughly, 1,100 I also again want to thank Mr. SCOTT Women Airforce Service Pilots. women who lost their lives during the for his cooperation and this bipartisan The Clerk read the title of the con- war. There are only about 300 surviving bill, and I urge my colleagues to sup- current resolution. WASP. I am astounded by their tenac- port H.R. 2554. The text of the concurrent resolution ity and by their bravery. Yet, despite I yield back the balance of my time. is as follows: that dedication, these women have en- Mr. SCOTT of Georgia. In closing, H. CON. RES. 239 countered difficulties in being recog- Mr. Speaker, let me again thank my Resolved by the House of Representatives (the nized for their service. The WASP colleague, Congressman NEUGEBAUER, Senate concurring), corps only received full military status

VerDate Nov 24 2008 02:20 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.079 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1077 for their service in 1977 after having as they are honored for their contribu- though 1,102 women earned their wings their records kept secret in classified tion to our Nation. I hope my col- and went on to fly over 60 million miles archival files for more than 35 years. leagues will join me both in thanking for the Army Air Forces, equal to some Next week, on March 10, we will these women for their service to our 2,500 times around the globe, they honor their legacy as the first female Nation and in supporting this resolu- never got the recognition that they de- aviators in American military history tion. served. Their performances were equal with the award of the Congressional I reserve the balance of my time. in every way to those of their male pi- Gold Medal. This is the highest civilian Mrs. DAVIS of California. I yield 1 lots. With the exception of direct com- honor Congress can give, and it is both minute to the gentleman from Florida bat missions, the WASP flew the same well deserved and, certainly, long over- (Mr. KLEIN). aircraft with the same missions as due. Mr. KLEIN of Florida. I thank the male pilots. Women pilots were used to I was proud to have been a co-lead gentlewoman from California and the tow targets for male pilots who were with Congresswoman ILEANA ROS- gentlewoman from Florida for bringing using live ammunition for searchlight LEHTINEN on the bill awarding them this forward. missions, for chemical missions, engi- this honor. It is wonderful to see this Mr. Speaker, I would just like to neering test flying, and for countless come to fruition. stand in recognition of these wonderful other exercises. Last year, the Union-Tribune in San women who provided such an impor- In 1944, the WASP were disbanded. Diego highlighted several of these tant role in this war. Their service records were sealed and women from my district, some of whom I would also like to specifically ac- classified. By the time the war ended, will be attending the ceremony next knowledge Debbie Holthouse from 38 women pilots had lost their lives week. I look forward to meeting them, Boynton Beach, Florida. She resides in while flying for our country. Although and I hope all of my colleagues will my congressional district, and she is they took the military oath and were come and meet the WASP from their going to be honoring her mother. promised military status, the WASP districts. Her mother is Bette Nogard, who were never recognized as true military To quote Vivian Eddy, one of these served as a pilot during World War II. personnel. These 38 women who died in intrepid women from my district, their Bette Nogard died without any vet- the service of our country during World desire to serve our country was ‘‘not so erans benefits even though she risked War II were denied death benefits, in- much to prove anything to anybody her life for our freedom. She was a true cluding proper military funerals. Not but just to fly.’’ hero. I am proud that Congress will be even an American flag covered their This ceremony will be an illustrative honoring her as well as these other coffins, and their survivors never re- example of our indebtedness to their women. I look forward to seeing her ceived a single dime. fearless, selfless service. This group of here in Washington. As a former WASP, Mary Alice Put- unsung heroines demonstrates the Mr. HARPER. Mr. Speaker, I yield nam Vandeventer noted in a recent let- courage of women in the past, the in- such time as she may consume to the ter, fellow WASP would circulate a tegrity with which women continue to distinguished gentlewoman from Flor- ‘‘collection hat to make sure that a serve today, and the enthusiasm of the ida, Representative ROS-LEHTINEN. fallen sister pilot received a proper young women who dream of serving Ms. ROS-LEHTINEN. I thank my burial.’’ this great Nation in the future. good friend for yielding. It was not until 1977, more than 30 I hope all of my colleagues will join Mr. Speaker, as the House author of years after the WASP had served, when me in thanking the WASP and their legislation awarding the Congressional another woman pioneer, Congress- families by offering their support for Gold Medal to the Women Airforce woman Lindy Boggs, introduced legis- this resolution. Service Pilots, WASP, I rise in strong lation to grant the WASP veterans sta- Mr. Speaker, I reserve the balance of support of today’s resolution. tus. Now, more than 30 years from that my time. I would like to thank my wonderful important occasion, the United States The SPEAKER pro tempore. Without friend from California, my colleague, Congress, on behalf of the American objection, the gentleman from Mis- my collaborator, Congresswoman people, will present the WASP with the sissippi (Mr. HARPER) will control his SUSAN DAVIS of California, for her dedi- recognition they deserve and with the 20 minutes. cated work in support of the WASP. recognition, indeed, they have earned. There was no objection. Today’s bill authorizes the use of The WASP are true pioneers, whose Mr. HARPER. Thank you, Mr. Speak- Emancipation Hall, a historic place for examples paved the way for the Armed er, and I yield myself such time as I a historic group of ladies, for an event Forces to finally lift the ban on a may consume. that will honor a most unique sister- woman attending military flight train- Today, I rise in support of this reso- hood of women pioneers. Next, Wednes- ing in the 1970s. lution, which will authorize the use of day, March 10, Mr. Speaker, the United Emancipation Hall in the Capitol Vis- States Congress will present the Con- b 1800 itor Center for an event recognizing gressional Gold Medal to the surviving Today, women in the military fly the Women Airforce Service Pilots as members of the Women Airforce Serv- every type of aircraft, from F–15s to recipients of the Congressional Gold ice Pilots, WASP. This award serves as the space shuttle. My daughter-in-law, Medal. a small token of our tremendous appre- Lindsay Nelson, a Marine Corps pilot, The WASP program, as it was known, ciation of the remarkable courage and is part of this lasting legacy of the was the first introduction of female pi- sacrifice made by these women during WASP. Lindsay is a graduate of the lots into the United States armed serv- the perilous times of World War II. United States Naval Academy. She ices. During World War II, these women The WASP were the first women in served combat tours in Iraq and in Af- flew noncombat missions in support of history to fly America’s military air- ghanistan, where she flew the F–18 the United States military. WASP pi- craft. Between the years of 1942 and fighter jet. I am so proud of Lindsay lots numbered in the thousands during 1944, these courageous women volun- and of all of our servicewomen, past World War II, and each woman who teered to fly noncombat missions so and present, who continue to inspire served in this capacity freed up one of that every available male pilot could young women to achieve what was her male counterparts for combat serv- be deployed in combat. More than heretofore unimaginable. ices and other duties. Just as many 25,000 women applied for the program, Of the 1,102 WASP, less than 300 are women performed operational roles on but only 1,830 qualified women pilots still alive today, and they are residing domestic U.S. bases, these female pi- were accepted. in almost every State of our beautiful lots played a critical role in helping to Unlike their male counterparts, Union. mobilize servicemen for deployment to women applicants were required to be I have had the honor and the privi- the European and Pacific theatres of qualified pilots before they could apply lege of meeting WASP from my con- war. for the Army Air Forces’ military gressional area of south Florida. Last I am pleased that Congress is able to flight training program. That’s what it August, Mr. Speaker, I presented host this exceptional group of women was called, it sounds odd to say. Al- Frances Rohrer Sargent, Ruth Shafer

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.082 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1078 CONGRESSIONAL RECORD — HOUSE March 3, 2010 Fleisher and Helen Wyatt Snapp with H. CON. RES. 236 we allow a Holocaust to occur on our framed, signed copies of the WASP Resolved by the House of Representatives (the watch. All my life, I personally have Congressional Gold Medal legislation. I Senate concurring), felt moved to spread the message of cannot tell you how delighted I am SECTION 1. USE OF ROTUNDA FOR HOLOCAUST ‘‘Never Again.’’ In the Florida Legisla- DAYS OF REMEMBRANCE CERE- that Frances, Ruth, and Helen will be MONY. ture when I served, I passed legislation traveling to Washington next week, The rotunda of the Capitol is authorized to to mandate Holocaust education in our along with more than 170 of their fel- be used on April 15, 2010, for a ceremony as Florida public schools so that students low WASP. part of the commemoration of the days of re- from all walks of lives and back- Join me in paying homage to these membrance of victims of the Holocaust. grounds could learn the lessons of the trailblazers and true patriots who Physical preparations for the ceremony shall Holocaust. served our country without question be carried out in accordance with such condi- Here in Congress in my capacity as tions as the Architect of the Capitol may and with no expectation of recognition prescribe. cochair of the Congressional Task or praise. I hope that all of our col- Force Against Anti-Semitism, I worked The SPEAKER pro tempore (Mr. leagues will join us next week to do so. with my cochairman, Congressman LUJA´ N). Pursuant to the rule, the gen- Mr. Speaker, I urge my colleagues to MIKE PENCE of Indiana, to organize an tleman from Florida (Mr. KLEIN) and join me and my good friend from Cali- annual visit to the U.S. Holocaust Me- the gentleman from Mississippi (Mr. fornia, Mrs. DAVIS, in voting ‘‘yes’’ on morial Museum for Members of Con- HARPER) each will control 20 minutes. this important recognition. We have The Chair recognizes the gentleman gress and their families. This is a taken a long time to recognize these from Florida. unique form of Holocaust education, brave pioneers, but that date has fi- where the museum serves as a teaching GENERAL LEAVE nally come, thanks to all of our Mem- Mr. KLEIN of Florida. Mr. Speaker, I tool to educate U.S. Representatives bers. ask unanimous consent that all Mem- who have not been to the museum be- Mrs. DAVIS of California. Mr. Speak- bers may have 5 legislative days to re- fore about how the Holocaust is rel- er, I reserve the balance of my time. vise and extend their remarks and in- evant to their lives and the lives of Mr. HARPER. Mr. Speaker, I have no clude extraneous material on the reso- their constituents. further requests for time, and I yield lution under consideration. I am grateful to Speaker PELOSI for back the balance of my time. The SPEAKER pro tempore. Is there appointing me to serve on the U.S. Hol- Mrs. DAVIS of California. Mr. Speak- objection to the request of the gen- ocaust Memorial Commission with er, I have no further speakers, but I tleman from Florida? other Members of the House and Sen- certainly wanted to say, and I appre- There was no objection. ate and other citizens around the ciate the wonderful words of my col- Mr. KLEIN of Florida. Mr. Speaker, I United States, and I hope to advance league, Ms. ROS-LEHTINEN, that we are yield myself such time as I may con- the cause of Holocaust education in finally having an opportunity to recog- sume. this new role. nize these women in a way that we Mr. Speaker, I rise to support H. Con. I would also like to thank Chairman should have done a long time ago. But Res. 236, a resolution to allow the Cap- BRADY and Ranking Member LUNGREN we are going to be recognizing the itol Rotunda to be used on April 15 for for moving this resolution to the floor Women Air Force Service Pilots with a the purpose of the annual congres- today. As a sponsor of this legislation Congressional Gold Medal of Honor. I sional ceremony to commemorate the and a member of the U.S. Holocaust certainly hope our colleagues will join Holocaust. The congressional com- Memorial Council, I would like to us on March 10 in Emancipation Hall memoration of the Holocaust is a thank the other cosponsors of this leg- for a very special day, I know, to see poignant reminder of the atrocities islation: Congresswoman GABRIELLE and hear from these women who were committed by the Nazis and the GIFFORDS of Arizona, Congressman far more than trailblazers; they served harrowing experiences of the survivors. STEVE LATOURETTE of Ohio, Congress- their country and they did it coura- This year, we will be celebrating the man ERIC CANTOR of Virginia, and, of geously. We are very proud of them and heroism of those who liberated the course, Congressman HENRY WAXMAN, want to let them know how much we Nazi death camps. The theme for this who worked closely with me on this care about that service. year’s ceremony, Stories of Freedom: resolution. Mr. Speaker, I yield back the balance What You Do Matters, highlights the I urge my colleagues to support this of my time. experience of Allied soldiers who risked resolution, and I encourage my col- The SPEAKER pro tempore. The their lives for the cause of freedom. leagues to attend the ceremony on question is on the motion offered by The stories of these soldiers that April 15 in the Capitol Rotunda so that the gentlewoman from California (Mrs. many of us have heard are inspiring. we may mourn those who perished and DAVIS) that the House suspend the These soldiers confronted evil and recognize those who sacrificed so much rules and agree to the concurrent reso- physically saw despair in the eyes of for freedom in the world. lution, H. Con. Res. 239. every survivor they encountered. And Mr. Speaker, I reserve the balance of The question was taken; and (two- these soldiers gave the survivors hope. my time. thirds being in the affirmative) the The actions of these liberators changed Mr. HARPER. Mr. Speaker, I yield rules were suspended and the concur- the lives of the survivors and the myself such time as I may consume. rent resolution was agreed to. course of human history. Mr. Speaker, I rise today in strong A motion to reconsider was laid on Last year, on Veterans Day, I partici- support of this very important resolu- the table. pated in a ceremony that honored tion. Under Congress’ direction, the f American World War II veterans, in- United States Holocaust Memorial Mu- cluding Dr. Bernard Metrick of Boca seum has organized and annually led PERMITTING USE OF CAPITOL RO- Raton, Florida, who helped liberate a the National Days of Remembrance TUNDA FOR VICTIMS OF HOLO- subcamp of Buchenwald while serving ceremony in the Capitol Rotunda. The CAUST COMMEMORATION in the 8th Armored Tank Division. Dr. theme chosen by the museum this year Mr. KLEIN of Florida. Mr. Speaker, I Metrick will be joining me in Wash- is Stories of Freedom: What You Do move to suspend the rules and agree to ington in April to participate in the Matters. the concurrent resolution (H. Con. Res. Days of Remembrance. What Dr. What we do does matter, Mr. Speak- 236) permitting the use of the rotunda Metrick did, what all of the Allied lib- er. On occasions like this, there aren’t of the Capitol for a ceremony as part of erators did, mattered back then, and appropriate enough words to share on the commemoration of the days of re- each and every one of us must learn behalf of the millions of victims of the membrance of victims of the Holo- from their lessons. What we do mat- Holocaust. Yet we here today and those caust. ters. And that is the message that this in the Rotunda next month will once The Clerk read the title of the con- ceremony will inspire: What you do again commemorate the lives taken current resolution. matters. and the lives that suffered due to the The text of the concurrent resolution This is both our individual and col- unspeakable brutality and evil of that is as follows: lective responsibility. Never again can dark moment in history.

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.084 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1079 Mr. Speaker, this year is the 65th an- us that in times of despair, humanity prevails mistake in a registration, incurred through niversary of the liberation of the Nazi and always, always looks towards a brighter the fault of the United States Patent and concentration camps. Sixty-five years future. Trademark Office, is clearly disclosed by the have passed since the doors were records of the Office a certificate stating the There is no better place than the United fact and nature of such mistake shall be opened and the inhumane was laid bare States Capitol rotunda to embody the rev- issued without charge and recorded and a for human eyes. erence and dignity so deserved in honoring printed copy thereof shall be attached to Just as the theme this year is What the victims of the Holocaust. The United each printed copy of the registration and You Do Matters, so it mattered what States Capitol has stood as a symbol of free- such corrected registration shall thereafter others did then. We think of those like dom and liberty, and a symbol of hopes and have the same effect as if the same had been Oskar Schindler, Dietrich Bonhoeffer, dreams. It is important, Mr. Speaker, that as originally issued in such corrected form, or in the discretion of the Director a new cer- and so many others who did their part we recognize one of the most notable trage- in this effort; heroic efforts, which for- tificate of registration may be issued with- dies in human history, we honor the memory out charge. All certificates of correction ever mattered to the lives they saved of those who died so senselessly and pledge heretofore issued in accordance with the and the truth they pursued, some to anew to stop atrocities like genocide, from oc- rules of the United States Patent and Trade- their own death. curring again. mark Office and the registrations to which Mr. Speaker, we too must do our part Mr. KLEIN of Florida. Mr. Speaker, I they are attached shall have the same force in this body and uphold the ideals upon yield back the balance of my time. and effect as if such certificates and their which our Nation was founded. This The SPEAKER pro tempore. The issue had been specifically authorized by statute.’’. ceremonial Days of Remembrance re- question is on the motion offered by minds us what happens when the rule (b) INCONTESTABILITY OF RIGHT TO USE the gentleman from Florida (Mr. MARK UNDER CERTAIN CONDITIONS.—Section of law and the commitment to ordered KLEIN) that the House suspend the 15 of the Trademark Act of 1946 (15 U.S.C. liberty upon which it rests are defiled. rules and agree to the concurrent reso- 1065) is amended— Let us also remember that this cere- lution, H. Con. Res. 236. (1) by striking ‘‘right of the registrant’’ mony is not reflective of one event or The question was taken; and (two- and inserting ‘‘right of the owner’’; one tragedy. We remember the entire thirds being in the affirmative) the (2) by amending paragraph (1) to read as follows: scope of mankind’s history and use it rules were suspended and the concur- as a reminder that human life is pre- ‘‘(1) there has been no final decision ad- rent resolution was agreed to. cious, and that we must never allow a verse to the owner’s claim of ownership of A motion to reconsider was laid on travesty like this to ever happen again. such mark for such goods or services, or to Through this resolution and this the table. the owner’s right to register the same or to f keep the same on the register; and’’; and commemoration, we remember the (3) in paragraph (2), by inserting ‘‘United Night of Broken Glass, the Warsaw TRADEMARK TECHNICAL AND States’’ before ‘‘Patent and Trademark Of- ghetto uprising, the methodical de- CONFORMING AMENDMENT ACT fice’’. vouring and destruction of a whole con- OF 2010 (c) APPEAL TO COURTS.—Section 21 of the tinent, and the labor, concentration, Trademark Act of 1946 (15 U.S.C. 1071) is and death camps as Auschwitz, Tre- Mr. JOHNSON of Georgia. Mr. Speak- amended— blinka and Buchenwald, to name only a er, I move to suspend the rules and (1) by inserting ‘‘United States’’ before few. May our actions and may our re- pass the bill (S. 2968) to make certain ‘‘Patent and Trademark Office’’ each place technical and conforming amendments that term appears; membrance honor the courage and (2) in subsection (a)(1), by inserting ‘‘or bravery shown by the millions mur- to the Lanham Act. The Clerk read the title of the bill. section 71’’ after ‘‘section 8’’; and dered only seven decades ago. (3) in subsection (b)(4), by striking ‘‘If Mr. Speaker, just as our 34th Presi- The text of the bill is as follows: there be’’ and inserting ‘‘If there are’’. dent, General Eisenhower, made sure S. 2968 (d) CONFORMING REQUIREMENTS FOR AFFIDA- the things he had seen were not quick- Be it enacted by the Senate and House of Rep- VITS.— ly forgotten, may this year’s ceremony resentatives of the United States of America in (1) DURATION, AFFIDAVITS AND FEES.—Sec- in the Capitol Rotunda be a solemn and Congress assembled, tion 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: fitting reminder of the victims of the SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Trademark ‘‘SEC. 8. DURATION, AFFIDAVITS AND FEES. Holocaust. I am pleased to support this ‘‘(a) TIME PERIODS FOR REQUIRED AFFIDA- Technical and Conforming Amendment Act bipartisan resolution, and encourage VITS.—Each registration shall remain in of 2010.’’. the support of my colleagues. force for 10 years, except that the registra- Mr. Speaker, I yield back the balance SEC. 2. DEFINITION. tion of any mark shall be canceled by the Di- of my time. For purposes of this Act, the term ‘‘Trade- rector unless the owner of the registration Mr. KLEIN of Florida. Mr. Speaker, I mark Act of 1946’’ means the Act entitled files in the United States Patent and Trade- ‘‘An Act to provide for the registration and would like to thank Mr. HARPER of mark Office affidavits that meet the require- protection of trademarks used in commerce, ments of subsection (b), within the following Mississippi for his very supportive to carry out the provisions of certain inter- words and his heartfelt support of this time periods: national conventions, and for other pur- ‘‘(1) Within the 1-year period immediately important bipartisan resolution. I look poses’’, approved July 5, 1946 (commonly re- preceding the expiration of 6 years following forward to being at the event with you ferred to as the ‘‘Lanham Act’’; 15 U.S.C. 1051 the date of registration under this Act or the in the Rotunda. et. seq). date of the publication under section 12(c). Mr. Speaker, again, I just thank the SEC. 3. TECHNICAL AND CONFORMING AMEND- ‘‘(2) Within the 1-year period immediately Chamber for their support and look for- MENTS. preceding the expiration of 10 years fol- ward to the opportunity of again sup- (a) CERTIFICATES OF REGISTRATION.—Sec- lowing the date of registration, and each suc- porting this very important event in tion 7 of the Trademark Act of 1946 (15 U.S.C. cessive 10-year period following the date of the Rotunda. 1057) is amended— registration. Mr. BRADY of Pennsylvania. Mr. Speaker, (1) by inserting ‘‘United States’’ before ‘‘(3) The owner may file the affidavit re- the resolution before us allows for the use of ‘‘Patent and Trademark Office’’ each place quired under this section within the 6-month that term appears; grace period immediately following the expi- the rotunda of the Capitol for the annual com- (2) in subsection (b), by striking ‘‘reg- ration of the periods established in para- memoration of the victims of the Holocaust. istrant’s’’ each place that appears and in- graphs (1) and (2), together with the fee de- The Holocaust is one of the most shameful serting ‘‘owner’s’’; scribed in subsection (b) and the additional and horrifying events of human history. As we (3) in subsection (e)— grace period surcharge prescribed by the Di- stop to reflect on this heinous event, let it (A) by striking ‘‘registrant’’ each place rector. serve as a reminder that there is no room for that term appears and inserting ‘‘owner’’; ‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The prejudice, oppression and hatred. As Ameri- and affidavit referred to in subsection (a) shall— cans and world citizens, it is important that fu- (B) in the third sentence, by striking ‘‘or, ‘‘(1)(A) state that the mark is in use in if said certificate is lost or destroyed, upon a commerce; ture generations be called upon to remember certified copy thereof’’; and ‘‘(B) set forth the goods and services re- the atrocities of the Holocaust and the similar- (4) by amending subsection (g) to read as cited in the registration on or in connection ities in the hate crimes we see today. follows: with which the mark is in use in commerce; Despite hatred, the human spirit is unwaver- ‘‘(g) CORRECTION OF PATENT AND TRADE- ‘‘(C) be accompanied by such number of ing in the face of adversity. History has shown MARK OFFICE MISTAKE.—Whenever a material specimens or facsimiles showing current use

VerDate Nov 24 2008 03:41 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.086 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1080 CONGRESSIONAL RECORD — HOUSE March 3, 2010 of the mark in commerce as may be required riod of 6 months after the end of the applica- (2) the best use of Federal Government by the Director; and ble time period established in paragraph (1) services to protect trademarks and prevent ‘‘(D) be accompanied by the fee prescribed or (2), together with the fee described in sub- counterfeiting. by the Director; or section (b) and the additional grace period (b) RECOMMENDATIONS.—The study and re- ‘‘(2)(A) set forth the goods and services re- surcharge prescribed by the Director. port required under paragraph (1) shall also cited in the registration on or in connection ‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The include any policy recommendations the with which the mark is not in use in com- affidavit referred to in subsection (a) shall— Secretary of Commerce and the Intellectual merce; ‘‘(1)(A) state that the mark is in use in Property Enforcement Coordinator deem ap- ‘‘(B) include a showing that any nonuse is commerce; propriate. due to special circumstances which excuse ‘‘(B) set forth the goods and services re- The SPEAKER pro tempore. Pursu- such nonuse and is not due to any intention cited in the extension of protection on or in ant to the rule, the gentleman from to abandon the mark; and connection with which the mark is in use in Georgia (Mr. JOHNSON) and the gen- ‘‘(C) be accompanied by the fee prescribed commerce; by the Director. ‘‘(C) be accompanied by such number of tleman from North Carolina (Mr. ‘‘(c) DEFICIENT AFFIDAVIT.—If any submis- specimens or facsimiles showing current use COBLE) each will control 20 minutes. sion filed within the period set forth in sub- of the mark in commerce as may be required The Chair recognizes the gentleman section (a) is deficient, including that the af- by the Director; and from Georgia. fidavit was not filed in the name of the ‘‘(D) be accompanied by the fee prescribed GENERAL LEAVE owner of the registration, the deficiency may by the Director; or Mr. JOHNSON of Georgia. Mr. Speak- ‘‘(2)(A) set forth the goods and services re- be corrected after the statutory time period, er, I ask unanimous consent that all within the time prescribed after notification cited in the extension of protection on or in of the deficiency. Such submission shall be connection with which the mark is not in Members have 5 legislative days to re- accompanied by the additional deficiency use in commerce; vise and extend their remarks and in- surcharge prescribed by the Director. ‘‘(B) include a showing that any nonuse is clude extraneous material on the bill ‘‘(d) NOTICE OF REQUIREMENT.—Special no- due to special circumstances which excuse under consideration. tice of the requirement for such affidavit such nonuse and is not due to any intention The SPEAKER pro tempore. Is there shall be attached to each certificate of reg- to abandon the mark; and objection to the request of the gen- istration and notice of publication under sec- ‘‘(C) be accompanied by the fee prescribed tleman from Georgia? tion 12(c). by the Director. There was no objection. ‘‘(e) NOTIFICATION OF ACCEPTANCE OR RE- ‘‘(c) DEFICIENT AFFIDAVIT.—If any submis- sion filed within the period set forth in sub- Mr. JOHNSON of Georgia. Mr. Speak- FUSAL.—The Director shall notify any owner er, I yield myself such time as I may who files any affidavit required by this sec- section (a) is deficient, including that the af- tion of the Director’s acceptance or refusal fidavit was not filed in the name of the hold- consume. thereof and, in the case of a refusal, the rea- er of the international registration, the defi- Mr. Speaker, today we seek to cor- sons therefor. ciency may be corrected after the statutory rect a technical and unintentional mis- ‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE time period, within the time prescribed after take in the trademark laws that could OF PROCESS AND NOTICES.—If the owner is not notification of the deficiency. Such submis- result in inadvertent abandonment for domiciled in the United States, the owner sion shall be accompanied by the additional deficiency surcharge prescribed by the Direc- trademark owners who registered may designate, by a document filed in the under our international agreement on United States Patent and Trademark Office, tor. OTICE OF REQUIREMENT.—Special no- trademarks, which is called the Madrid the name and address of a person resident in ‘‘(d) N tice of the requirement for such affidavit the United States on whom may be served Protocol. shall be attached to each certificate of ex- notices or process in proceedings affecting At the expiration of their trademark tension of protection. the mark. Such notices or process may be registration term, trademark owners ‘‘(e) NOTIFICATION OF ACCEPTANCE OR RE- served upon the person so designated by are required to submit affidavits to the FUSAL.—The Director shall notify the holder leaving with that person or mailing to that of the international registration who files United States Patent and Trademark person a copy thereof at the address specified any affidavit required by this section of the Office stating that they have continu- in the last designation so filed. If the person Director’s acceptance or refusal thereof and, ously met the statutory requirements so designated cannot be found at the last in the case of a refusal, the reasons therefor. of use in commerce or, alternatively, designated address, or if the owner does not ‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE excusable nonuse. designate by a document filed in the United OF PROCESS AND NOTICES.—If the holder of States Patent and Trademark Office the the international registration of the mark is b 1815 name and address of a person resident in the not domiciled in the United States, the hold- United States on whom may be served no- Such affidavits are essential to main- er may designate, by a document filed in the tain current trademark registrations tices or process in proceedings affecting the United States Patent and Trademark Office, mark, such notices or process may be served the name and address of a person resident in and to clear the register of inactive on the Director.’’. the United States on whom may be served trademarks. However, due to a tech- (2) AFFIDAVITS AND FEES.—Section 71 of the notices or process in proceedings affecting nical mistake in the Lanham Act, our Trademark Act of 1946 (15 U.S.C. 1141k) is the mark. Such notices or process may be trademark laws unintentionally pre- amended to read as follows: served upon the person so designated by vent trademark owners who file these ‘‘SEC. 71. DURATION, AFFIDAVITS AND FEES. leaving with that person or mailing to that affidavits for registering extensions ‘‘(a) TIME PERIODS FOR REQUIRED AFFIDA- person a copy thereof at the address specified under the Madrid Protocol from having VITS.—Each extension of protection for in the last designation so filed. If the person the same rights as other U.S. trade- which a certificate has been issued under so designated cannot be found at the last section 69 shall remain in force for the term designated address, or if the holder does not mark owners. Compliance with regula- of the international registration upon which designate by a document filed in the United tions should not reduce the rights of it is based, except that the extension of pro- States Patent and Trademark Office the trademark owners. Today, we will har- tection of any mark shall be canceled by the name and address of a person resident in the monize our laws with the Madrid Pro- Director unless the holder of the inter- United States on whom may be served no- tocol so that this particular injustice national registration files in the United tices or process in proceedings affecting the no longer occurs. States Patent and Trademark Office affida- mark, such notices or process may be served Additionally, this legislation gives vits that meet the requirements of sub- on the Director.’’. the Director of the USPTO discretion section (b), within the following time peri- SEC. 4. STUDY AND REPORT. to allow applicants to correct good- ods: (a) IN GENERAL.—Not later than 1 year ‘‘(1) Within the 1-year period immediately after the date of enactment of this Act, the faith and harmless errors that other- preceding the expiration of 6 years following Secretary of Commerce, in consultation with wise would have severe and unreason- the date of issuance of the certificate of ex- the Intellectual Property Enforcement Coor- able intellectual property ramifica- tension of protection. dinator, shall study and report to the Com- tions. The Intellectual Property Orga- ‘‘(2) Within the 1-year period immediately mittee on the Judiciary of the Senate and nization and the American Intellectual preceding the expiration of 10 years fol- the Committee on the Judiciary of the House Property Law Association both support lowing the date of issuance of the certificate of Representatives on— this legislation. In their letter in sup- of extension of protection, and each succes- (1) the extent to which small businesses port of this bill, the American Intellec- sive 10-year period following the date of may be harmed by litigation tactics by cor- issuance of the certificate of extension of porations attempting to enforce trademark tual Property Law Association stated protection. rights beyond a reasonable interpretation of that this bill is, ‘‘a highly desirable ‘‘(3) The holder may file the affidavit re- the scope of the rights granted to the trade- amendment to the Trademark Act,’’ quired under this section within a grace pe- mark owner; and and refers to this legislation as a

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.044 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1081 ‘‘cure’’ for specific technical inconsist- ther consideration of S. 2968 by requir- fornia Polytechnic State University, San encies for trademark owners. ing the other body to pass the bill for Luis Obispo, California State University San However, the bill is not perfect. It in- a second time. Marcos, Sonoma State University, California cludes a study provision regarding al- In closing, I urge the Members to State University Stanislaus—has its own identity, but all share the same mission—to leged trademark lawsuit abuse and support S. 2968. provide high-quality, affordable higher edu- small businesses. While we don’t want I yield back the balance of my time. cation to meet the changing workforce needs to delay the necessary relief to the Mr. JOHNSON of Georgia. Mr. Speak- of California; trademark owner that this bill will er, I yield back the balance of my time. Whereas with 91,000 annual graduates, the provide by immediate passage of S. The SPEAKER pro tempore. The CSU is California’s greatest producer of 2968, the ranking member and I are question is on the motion offered by bachelor’s degrees and drives California’s economy in information technology, life committed to working with Senator the gentleman from Georgia (Mr. JOHN- sciences, agriculture, business, education, LEAHY to refine the text of this study SON) that the House suspend the rules international trade, public administration, provision at our soonest opportunity. and pass the bill, S. 2968. hospitality, engineering, entertainment, and It is time to finally give our trade- The question was taken; and (two- multimedia industries; mark owners who register under the thirds being in the affirmative) the Whereas the CSU reaches out to Califor- Madrid Protocol the rights they should rules were suspended and the bill was nia’s growing, underserved communities, have had originally. This legislative passed. providing more than half of all under- update accomplishes just that, and bol- A motion to reconsider was laid on graduate degrees granted to California’s sters the rights of all U.S. trademark the table. Latino, African-American, and Native Amer- ican students, and offering affordable oppor- owners. f tunities to pursue and attain a college de- I reserve the balance of my time. gree; Mr. COBLE. Mr. Speaker, I rise in COMMENDING CALIFORNIA STATE UNIVERSITY SYSTEM Whereas the CSU is noted for pioneering support of S. 2968, and recognize myself outreach efforts, including starting the for such time as I may consume. Ms. WOOLSEY. Mr. Speaker, I move Early Assessment Program (which enables This legislation, Mr. Speaker, makes to suspend the rules and agree to the 11th graders to assess their college readiness technical but important revisions to resolution (H. Res. 1117) commending in English and math) and the Educational the Madrid Protocol Implementation and congratulating the California Opportunity Program (an access and reten- tion program that supports low-income, edu- Act, which Congress passed in 2002. The State University system on the occa- cationally disadvantaged students, many of Act is one of the most significant legis- sion of its 50th anniversary. whom are first-generation college students), lative accomplishments in the trade- The Clerk read the title of the resolu- distributing millions of ‘‘How To Get to Col- mark realm in the past 15 years. tion. lege Posters’’ in multiple languages, hosting By way of background, the United The text of the resolution is as fol- Super Sunday events at churches throughout States is a signatory to the Madrid lows: the State as part of its African-American initiative, partnering with the Parent Insti- Protocol, an international treaty that H. RES. 1117 allows a trademark owner to seek reg- tute for Quality Education (PIQE), which Whereas the California State University helps strengthen parent involvement in ele- istration in any of the countries that system will be celebrating its 50th anniver- mentary and middle school students’ edu- joined the Protocol. This means an sary during 2010 and 2011; cation, and actively engaging in the State’s American trademark owner pays the Whereas the individual California State Troops to College efforts on behalf of vet- Patent and Trademark Office in Alex- Colleges were brought together as a system erans; andria, Virginia, a nominal fee to expe- by the Donahoe Higher Education Act of 1960 Whereas the CSU offers more than 1,800 dite the necessary paperwork overseas. of the State of California; bachelor’s and master’s degree programs in Whereas, in 1972, the system became the This process makes it easier and less some 357 subject areas, as well as teaching California State University and Colleges, in credential programs and its own independent expensive for U.S. trademark owners to 1982, the system became the California State education doctorate program; acquire protection for their intellec- University (CSU), and today the 23 campuses Whereas the CSU has awarded nearly tual property in other countries. of the CSU include comprehensive and poly- 2,500,000 bachelor’s, master’s and joint doc- The 2002 Act that implements the technic universities and, since July 1995, the toral degrees since 1961; Protocol has functioned well through California Maritime Academy, a specialized Whereas the CSU’s renowned faculty mem- the years, but must be updated. The campus; bers are well known for their teaching skills main purpose of the bill is to bring pro- Whereas the system’s oldest campus—San as well as their significant contributions to Jose State University—was founded in 1857 visions for maintaining extensions of research, CSU staff and administrators pro- and became the first institution of public vide the vital infrastructure to fulfill the protection under Madrid in conformity higher education in California, while the sys- CSU mission, and faculty and staff together with provisions for maintaining reg- tem’s newest campus—California State Uni- have made the CSU a leader in high-quality, istrations. Maintenance filings with versity, Channel Islands—opened in the fall accessible, student-focused higher education; the PTO by the trademark owner are of 2002; Whereas CSU students participate in necessary to perpetuate protection on Whereas today the CSU is the Nation’s 32,000,000 hours of community service annu- the trademark. This bill also author- largest and most diverse university system, ally at more than 3,560 community sites, in- izes the PTO Director to permit appli- with 23 campuses and 7 off-campus centers, cluding tutoring children and adults in almost 433,000 students, and 44,000 faculty English as a second language, working in cants to correct good-faith and harm- and staff; hospitals and community health clinics, less errors. Whereas the CSU draws its students from teaching computer literacy, cleaning up riv- Finally, Mr. Speaker, the legislation the top third of California’s high school ers and beaches, serving meals to the home- includes a study provision that was in- graduates and is the State’s primary under- less, and building houses; serted at the behest of the other body. graduate teaching institution; Whereas the CSU returns $4.41 for every $1 It directs the Intellectual Property En- Whereas each CSU campus—California the State invests, the CSU sustains more forcement Coordinator and the Depart- State University Bakersfield, California than 200,000 jobs in the State, and CSU-re- ment of Commerce to evaluate and re- State University Channel Islands, California lated expenditures create $13,600,000,000 in port on treatment of smaller busi- State University Chico, California State economic activity; University Dominguez Hills, California State Whereas the CSU has more than 2,000,000 nesses involved in trademark litiga- University East Bay, California State Uni- alumni, representing one in 10 members of tion. Along with Chairman CONYERS versity Fresno, California State University California’s workforce and the majority of and the chairman of the subcommittee, Fullerton, Humboldt State University, Cali- the State’s teachers; the distinguished gentleman from fornia State University Long Beach, Cali- Whereas the California State University Georgia, I believe the study text could fornia State University Los Angeles, Cali- has dedicated itself to helping foster im- be clarified further. I’m happy to re- fornia Maritime Academy, California State provement in the educational, economic, and port that Senator LEAHY has agreed to University Monterey Bay, California State cultural life of California; work with us on making the necessary University Northridge, California State Whereas the Chancellor and the Board of Polytechnic University, Pomona, California Trustees have led the CSU during extremely minor revisions to improve the lan- State University Sacramento, California difficult economic times that have caused guage. We intend to move this lan- State University San Bernardino, San Diego the CSU to cut admission rates and raise guage at a later date on a different ve- State University, San Francisco State Uni- costs, as they have launched initiatives to hicle. We just don’t want to delay fur- versity, San Jose State University, Cali- increase the system’s graduation rates and

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.089 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1082 CONGRESSIONAL RECORD — HOUSE March 3, 2010 help underrepresented students complete Reed and Dr. Ruben Arminana, who is Mr. Speaker, I rise today as the college; and the president of Sonoma State Univer- proud sponsor of the resolution con- Whereas the California State University is sity in my district. Mr. Speaker, we gratulating the California State Uni- developing not only college graduates, but owe them a great deal of thanks for versity system on 50 years of providing responsible citizens and leaders for Cali- fornia and the Nation: Now, therefore, be it their amazing work and for their sup- high-quality, accessible, and affordable Resolved, That the House of Representa- port of California’s students. education. I want to thank my col- tives commends and congratulates the Cali- Mr. Speaker, once again, I express league, WALLY HERGER, for introducing fornia State University system on the occa- my support of the California State Uni- this resolution with me. As has been sion of its 50th anniversary. versity system. I thank Representative mentioned, the CSU system is the Na- The SPEAKER pro tempore. Pursu- LOFGREN for bringing this bill forward. tion’s largest and most diverse univer- ant to the rule, the gentlewoman from I reserve the balance of my time. sity system. It includes 23 campuses California (Ms. WOOLSEY) and the gen- Mr. ROE of Tennessee. I yield myself and seven off-campus centers, with tleman from Tennessee (Mr. ROE) each such time as I may consume. 44,000 faculty and staff and almost I rise today in support of House Reso- will control 20 minutes. 433,000 students. The Chair recognizes the gentle- lution 1117, commending and congratu- The California State University sys- lating the California State University woman from California. tem was created in 1961 under the mas- system on the occasion of its 50th anni- GENERAL LEAVE ter plan, about 50 years ago, but San versary. The Weekly Normal School, Ms. WOOLSEY. Mr. Speaker, I re- Jose State University preceded it. San today San Jose State University, be- quest 5 legislative days during which Jose State University is the oldest uni- came the first institution of higher Members may revise and extend and in- versity in the system. It’s in my dis- education established by the State of sert extraneous material on H. Res. trict, and it’s in my neighborhood. It California in 1862. The California State was founded in 1857 in the basement of 1117 into the RECORD. University system was established in The SPEAKER pro tempore. Is there a high school in the Bay area. That 1960 as the California State College sys- objection to the request of the gentle- first class had four graduates, all tem. woman from California? Today, the system is comprised of 23 women, and San Jose State has obvi- There was no objection. campuses, with almost 433,000 students ously grown since that time. It’s based Ms. WOOLSEY. I yield myself such and 44,000 faculty and staff. Cal State’s in the heart of what is now Silicon Val- time as I may consume. ley. San Jose State now is the single Mr. Speaker, I rise today in support campuses stretch from Humboldt in northern California to San Diego. It is largest provider of engineers in Silicon of H. Res. 1117, authored by Congress- the Nation’s largest and one of the Valley. The university sits on a 154- woman ZOE LOFGREN, a bill that cele- most affordable university systems. acre campus in downtown San Jose and brates California State University, The California State University system has over 30,000 diverse students. It is CSU, for 50 years of service and leader- offers more than 1,800 degree programs ranked by U.S. News and World Report ship. In 1960, California developed its in 357 different subjects. CSU draws its as a top 15 master’s level public insti- master plan for higher education. Since students from the top two-thirds of tution in the West. that time, this plan has provided ac- California’s high school students and San Jose State’s population, like cess to higher education for the State’s graduates 91,000 students annually. many of the other CSU campuses, is a diverse array of students. In that same The CSU system prepares approxi- representation of the diverse commu- year, Mr. Speaker, with the passage of mately 60 percent of the teachers in nity that it serves. Many of its stu- the Donahue Higher Education Act, the State, 40 percent of the engineering dents are from immigrant families and California’s individual State colleges graduates, and more graduates in busi- are the first in their families to attend were brought together to form the es- ness, agriculture, communications, or graduate from college. San Jose teemed CSU system. health education, and public adminis- State University is also redefining Since its inception, California State tration than any other college or uni- what a traditional student is, as over a University has grown into an exem- versity in California. The California quarter of the undergraduates at the plary set of higher education institu- State University system undoubtedly university are over the age of 24. tions. The CSU boasts 23 campuses, makes an invaluable contribution to b 1830 seven off-campus centers, and over the education of the people of Cali- 433,000 students. In addition, the sys- fornia and the Nation. Surrounded by Silicon Valley, stu- tem maintains 44,000 faculty and staff, California State University also dents are able to supplement their offering 1,800 bachelors and master’s makes significant outreach efforts to classroom knowledge with hands-on ex- degree programs in some 357 subject inform and promote college attendance periences at many of the innovative areas, making it the largest and most to middle and high school students, mi- firms and agencies in the Valley diverse university system in the United nority populations, and veterans. through internships, summer pro- States. CSU’s outreach to growing and under- grams, and research assistance. Each campus in the CSU system pro- served communities also provides a All of the CSUs, including San Jose vides its own unique experience and en- pathway for students from diverse State, play a critical role in preparing rolls a diverse set of students. CSU at- backgrounds to pursue an education. students for California’s economy. tracts the best and brightest students I am pleased to congratulate CSU on With 91,000 annual graduates, the CSU the great State of California produces. the 50th anniversary of the University is the State’s greatest producer of These students are not only leaders in- system’s founding. I extend my con- bachelor’s degrees. These students then side the classroom, but they also lead gratulations to the California State help drive California’s economy. And in service to their communities. Annu- University system, all the alumni, stu- according to CSU, for every $1 the ally, CSU students participate in over dents, faculty, and staff at each of the State invests into the CSU system, the 32 million hours of community service, 23 campuses, and to the people of Cali- CSU returns $4.41. CSU sustains more providing an economic impact of over fornia. I urge my colleagues to support than 200,000 jobs in the State. And $634 million to a multitude of Cali- this resolution. CSU-related expenditures create $13.6 fornia neighborhoods. I reserve the balance of my time. billion in economic activity. Under the current leadership of Dr. Ms. WOOLSEY. Mr. Speaker, I’m de- Often referred to as the ‘‘People’s Charles Reed and the Board of Trust- lighted to recognize for such time as University,’’ CSU reaches out to Cali- ees, the California State University she may consume the sponsor of H. fornia’s growing underserved commu- system remains dedicated to providing Res. 1117, the gentlewoman from Cali- nities. CSU provides more than half of access to all students, regardless of fi- fornia (Ms. ZOE LOFGREN). all undergraduate degrees granted to nancial need. I applaud this continued Ms. ZOE LOFGREN of California. I California’s Latino, African American, commitment, particularly in this time want to thank Ms. WOOLSEY from Cali- and Native American students. In fact, of economic turmoil. Many representa- fornia, a cosponsor and great supporter the Chancellor, Dr. Charles Reed, is tives of the CSU system are visiting of this resolution and of education in here with us today and told us at our with us today, including Dr. Charles California. delegation meeting today about the

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.048 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1083 outreach efforts into African American its 50th anniversary. The CSU system community service and service-learning pro- churches on Sunday to tell families, is a model for States across the coun- grams. 100,000 families in California about the try. With 23 campuses, 430,000 students, As the Chair of the Congressional Black opportunity that CSU presents to those and 44,000 faculty and staff, it is the Caucus, I am particularly proud to say that families. Minority enrollments and largest and most diverse university CSU provides more than half of all under- graduation and success is up among system in the Nation. graduate degrees granted to California’s Latino families, among African Amer- In fact, California State University Latino, African American and Native American ican families, among families who Los Angeles is located right in my dis- students. Additionally, as part of its African didn’t really see a way for their kids to trict and has been educating students American Initiative, CSU has partnered with move forward. for over 50 years. I once taught there, churches throughout California to bring aware- We know that there have been cut- and I know firsthand that this is one of ness to students, parents and families about backs, but the California delegation the most affordable and diverse Cal the importance of early preparation for college. and President Obama have worked to State universities in the state, if not Clearly, CSU is committed to providing an ex- preserve and improve affordability. Al- the Nation. cellent education to all of California’s students. most 190,000 CSU students will pay no Since most Cal State LA students In this challenging economic climate, the rel- fee increases due to increases in the come from families with incomes under evancy of the California State University is be- State University Grants, Federal $50,000, this university plays a critical coming ever more apparent. The CSU de- grants, and CSU fee waivers. So the Re- role in making it possible for every serves continued support in its vital role in the covery Act has provided millions of student to attain their dream of a col- growth and development of California’s com- needed dollars to the CSU. It has pro- lege education. Many of these students munities and economy. The California State vided an additional $81 million for go on to successful careers in high de- University offers unlimited opportunities to help 120,000 of CSU’s neediest students mand fields such as nursing, IT, and students of all backgrounds achieve their through the Pell Grant program. It the life sciences, and help make up the goals, and I am proud to join my colleagues also provided $76.5 million to restore backbone of the workforce in Los An- in celebrating the achievements of this ex- classrooms that would have been cut so geles County. traordinary institution. I commend California State Univer- that students can graduate in 4 years. Mr. GEORGE MILLER of California. Mr. sity Los Angeles and the entire CSU Mr. Speaker, I gave the commence- Speaker, I am pleased to join my colleagues system for serving California so well ment speech at San Jose State last from the California congressional delegation for over half a century. year. And as I looked out over the stu- today to recognize the 50th anniversary of the Ms. WOOLSEY. Mr. Speaker, with dent body, I saw thousands of young California State University system. people, and some not so young, who that, I urge my colleagues to support The state’s individual State Colleges were had a dream, whose family never H. Res. 1117, which celebrates the Cali- incorporated into what is today known as the thought that their kids would have a fornia State University system for 50 California State University system by the chance to get an education and bite off years of service and leadership, and to Donahoe Higher Education Act of 1960, de- a part of the American dream. Because thank Representative LOFGREN for in- signed as part of the California Master Plan of the CSU system, they are really part troducing this very meaningful piece of for Higher Education to meet the future needs of our future. legislation. of a growing state. That bill was authored by I am really thrilled to be part of hon- Ms. LEE of California. Mr. Speaker, I rise in my father, George Miller, Jr., who served in oring CSU, and also noting that the en- support of House Resolution 1117 to applaud the State Senate for many years. tire California Democratic delegation and honor the California State University sys- has cosponsored this resolution. I tem on the occasion of its 50th anniversary. Today, the campuses of the Cal State sys- thank my colleague for allowing me to Achieving equal access to education has al- tem can be found throughout California, and speak, and I urge passage of the resolu- ways been one of my top legislative priorities they make up the country’s largest and most tion. and I am proud to recognize the California diverse university system. In my district’s Mr. ROE of Tennessee. Mr. Speaker, State University’s leadership in providing high- backyard, CSU East Bay is providing opportu- just one comment. quality, accessible, student-focused higher nities for young people from around the Bay There are a lot of things about our education to the people of California and our Area, preparing them for the future. education system in America that is nation. I am pleased to recognize the 50th anniver- not right. And we deal with it every The growth of the California State University sary of the California State University system, day. We had the Secretary in front of System over the past 50 years provides an and I look forward to working with the CSU our committee this afternoon. But one extraordinary example of the great success system and others in California and across the of the things that is right is the higher that can come to institutions that prioritize eq- country to make college more affordable and education system in America. And I uity and excellence. With 23 campuses, over accessible for students today and for genera- will tell you that without a system 430,000 students, and 44,000 faculty and tions to come. like California’s, I wouldn’t be stand- staff, the California State University System is Mr. HONDA. Mr. Speaker, I rise today to ing here today. I was given an oppor- the largest, the most diverse, and one of the congratulate the California State University on tunity to succeed. And I know so many most affordable university systems in the its 50th anniversary. I am a proud alumnus of students in California that don’t have country. the CSU system—I earned my bachelor’s de- the opportunity because of cost to at- The California State University has a signifi- grees in biological sciences and Spanish, and tend a private university, get a great cant impact not only on the regions imme- my master’s degree in education from San education in that system. And not only diately surrounding CSU’s 23 campuses, but Jose State University. The California State is the State of California better, Amer- on the state as a whole. Because many CSU University, the largest state university system ica is better because of this. I would students remain in-state after graduation, Cali- in the nation, plays a significant role in Califor- urge my colleagues to support this. I fornia greatly benefits from the skills and nia’s success, with graduates numbering one once again congratulate the CSU sys- knowledge of CSU alumni. With 91,000 annual in every ten members of California’s work- tem. graduates, the California State University is force. The California State University is also I yield back the balance of my time. California’s highest producer of bachelor’s de- on the forefront of ensuring the opportunity to Ms. WOOLSEY. Mr. Speaker, I would grees and helps drive California’s economy in receive a quality college education for the like to thank the gentleman from Ten- fields such as information technology, busi- state’s increasingly diverse population. With nessee for his remarks. If you were edu- ness, and education. 23 distinct campuses, from my alma mater in cated in California, look at who you Additionally, CSU students perform 32 mil- San Jose to CSU Long Beach and the Cali- are. Thank you. lion hours of community service annually, fornia Maritime Academy in Vallejo, the CSU Mr. Speaker, I am pleased to recog- equating to an economic impact of $624 mil- system brings higher education to a diverse nize for 2 minutes the gentlewoman lion. CSU’s community service efforts have not student body of nearly 400,000 students every from California (Ms. CHU), a member of gone unnoticed, as 16 CSU campuses were year. In 2002–03, more than half of all under- the Education and Labor Committee. rightly named to the 2008 President’s Higher graduate degrees granted to Latino, African Ms. CHU. Mr. Speaker, I rise today to Education Community Service Honor roll in American and Native American students in honor California State University on recognition for their innovative and effective California were awarded by the CSU.

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MR7.093 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1084 CONGRESSIONAL RECORD — HOUSE March 3, 2010 The impact of the CSU far exceeds the What will happen to us if we continue to sys- REMEMBERING PENNSYLVANIA number of students it educates. The CSU pro- tematically defund the 23 CSU campuses that STATE TROOPER PAUL G. RICHEY vides more than 200,000 jobs for Californians, produce our future teachers, nurses, and engi- (Mr. THOMPSON of Pennsylvania and research by CSU faculty and staff is solv- neers? What will happen to California if our asked and was given permission to ad- ing critical problems for the state and creating leaders fail to recognize the fierce urgency of dress the House for 1 minute and to re- innovative solutions for business and industry. now? vise and extend his remarks.) Additionally, CSU students give back to their I was proud to serve as a California State Mr. THOMPSON of Pennsylvania. communities by participating in 32 million University trustee, and it was saddening to wit- Mr. Speaker, it is with a heavy heart hours of service annually. ness almost yearly increases in student fees. that I rise today and speak of the death In conclusion, Mr. Speaker, it is with great I never voted for an undergraduate student fee of Pennsylvania State Trooper Paul G. pride that I rise today to commend the Cali- increase—essentially a tax on students—be- Richey. On January 13, Richey re- fornia State University system on 50 years of cause when we tell qualified students that we sponded to a domestic dispute call. He not only providing high-quality, affordable high- can’t afford to give them the education they volunteered because he had taken a er education to meet the changing workforce deserve, we don’t just harm the individual. call at that residence outside Oil City, needs of California, but also preparing stu- When we tell more than 40,000 qualified stu- Pennsylvania, in the past. This time he dents to become engaged members of their dents that they are no longer welcome to an was shot in the neck as he stepped out community, state and nation. education in California, as we did in 2009, we of his car, and never had the time to Mrs. CAPPS. Mr. Speaker, I rise in strong are really saying that California is no longer react. In the residence, the shooter support of H. Res. 1117 and to personally prepared to be a leader in our global econ- killed his wife and then himself. congratulate the California State University omy. Richey was a native of Venango system on its 50th anniversary. As a Califor- Today is a day for celebration. CSU has County, born and reared in Sandy nian, I am proud to commemorate this won- been a pillar of growth for California for 50 Creek Township, and a graduate of derful occasion. years, and I congratulate all the administra- Franklin High School. He graduated California is honored to be home to 23 tors, faculty, staff, and students that have from Edinboro University with a de- world-class universities in the California State made it a success. But today must also be a gree in criminology, and then from the University (CSU) system. As the largest uni- call to action. We must unite to say it’s time Pennsylvania State Police Academy. versity system in the country, CSU serves to increase investment in education and Cali- He was married to Carrie Cornell for nearly 433,000 students annually and provides fornia’s future. more than 15 years, and he left two jobs to almost 44,000 faculty and staff. Ms. WOOLSEY. I yield back the bal- children: Conner, age 9, and Catherine, I am privileged to represent the students ance of my time. 6. He was active in his church and and faculty of two of these outstanding institu- The SPEAKER pro tempore. The gen- Scouting with his son. He is also sur- tions—California State University Channel Is- tlewoman yields back the balance of vived by his parents, Clinton and lands and California Polytechnic State Univer- her time. Nancy Garmong Richey. sity, San Luis Obispo (Cal Poly). As the new- Richey lived up to the call of honor est California State University, students at The question is on the motion offered of the Police Academy, which states, ‘‘I CSU Channel Islands benefit from top notch by the gentlewoman from California must serve honorably, faithfully, and if classroom instruction, up-to-date technology (Ms. WOOLSEY) that the House suspend need be, lay my life down as others and successful local business partnerships the rules and agree to the resolution, have done before me.’’ My thoughts that provide a pathway to a well-rounded edu- H. Res. 1117. and prayers are with the family. cation. As a nationally ranked university, Cal The question was taken; and (two- Poly San Luis Obispo has become a proven thirds being in the affirmative) the f leader in engineering, architecture, and agri- rules were suspended and the resolu- culture. tion was agreed to. INTERNATIONAL WOMEN’S DAY During these tough economic times, the A motion to reconsider was laid on (Ms. WOOLSEY asked and was given CSU system is critical to ensuring our ’nation’s the table. permission to address the House for 1 long-term economic prosperity. As the most di- minute and to revise and extend her re- verse and affordable system in the country, f marks.) CSU provides us with a future robust work- Ms. WOOLSEY. Mr. Speaker, I rise force. These graduates will play a vital role in CONGRATULATING THE 482ND today to recognize International Wom- the growth and development of the economy FIGHTER WING en’s Day and to highlight the needs of and our local communities in California and (Ms. ROS-LEHTINEN asked and was mothers around the world. across the nation. Every minute somewhere in the I urge my colleagues to pass H. Res. 1117 given permission to address the House for 1 minute and to revise and extend world a woman dies in pregnancy or and commemorate this wonderful achieve- childbirth. Most of these deaths are ment. her remarks.) Ms. ROS-LEHTINEN. Mr. Speaker, I preventable with targeted, cost-effec- Mr. GARAMENDI. Mr. Speaker, 50 years tive interventions and increased access ago today, the State of California made a de- rise tonight to congratulate Home- stead’s Air Reserve Base 482nd Fighter to maternal health care. I applaud cision that would alter the course of a nation. President Obama’s newly announced By establishing the California State University Wing for receiving the Department of Defense Reserve Family Readiness global health initiative and its focus on system to work in conjunction with the Univer- maternal health issues. These pro- sity of California and California’s community Award. Through the vigilance of these brave men and women in uniform every grams will make sustainable changes colleges, our state’s forward thinking policy- in the daily lives of women around the makers declared that California would be a day, Americans can live with a greater peace of mind. The safety of our fami- world. state where higher education was the birth- Now I call on my colleagues to take right of every qualified resident. lies is dependent on them. And it is heartwarming to know that our mili- the next step and fully fund the initia- Since then, CSU has awarded nearly 2.5 tive and the programs that are meeting million degrees, about 90,000 annually. Be- tary families are given the extra sup- port that they need. the dire needs of women in need world- cause leaders in California’s past had the vi- wide. We owe the women of the world The strong leadership of Wing Com- sion of what a better California could look like, no less. the Golden State has become the world’s mander BG William B. Binger has made great innovator in computers, biotechnology, this distinction possible. He serves as f space exploration, and clean technology. an inspiration and motivation for such The history of human civilization is replete a remarkable unit and support per- SPECIAL ORDERS with examples of great societies that fell into sonnel. The SPEAKER pro tempore. Under decline when they no longer prioritized edu- Again, congratulations to the 482nd the Speaker’s announced policy of Jan- cation. We know that CSU returns $4.41 for Fighter Wing of the Homestead Air Re- uary 6, 2009, and under a previous order every dollar the state invests in it, and CSU serve Base for this well-deserved honor. of the House, the following Members creates $13.6 billion in economic activity. Congratulations, ladies and gentlemen. will be recognized for 5 minutes each.

VerDate Nov 24 2008 03:41 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.060 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1085 The SPEAKER pro tempore. Under a thank you, but also take Lex so that the cultural center of rural Kansas. I previous order of the House, the gentle- Lex can say thank you to the soldiers frequently hear from Kansans who con- woman from Nevada (Ms. BERKLEY) is and Marines at Walter Reed. tact me following a conversation recognized for 5 minutes. they’ve heard at the grocery store. 1845 (Ms. BERKLEY addressed the House. b Many times the grocery store, along Her remarks will appear hereafter in Mr. Speaker, I am going to yield with the local barber shop, provides pa- the Extensions of Remarks.) back my time in just a second. I am trons with the day’s current events and going to ask my colleagues in the f activities. Economic development House to please join us on H.R. 4639. The SPEAKER pro tempore. Under a within the First Congressional District This, again, is to honor the families previous order of the House, the gen- of Kansas can easily be seen as whether who have given a child who happened a community does or doesn’t have a tleman from Texas (Mr. POE) is recog- to be a dog handler the opportunity to nized for 5 minutes. grocery store. And I know my col- own that dog almost immediately after (Mr. POE of Texas addressed the leagues here in Washington, D.C., at the dog is cleared. And if it should be House. His remarks will appear here- least some of them, find that hard to a wounded soldier, marine, or airman after in the Extensions of Remarks.) believe that that can be an issue in a or seaman, they would have the same community. f opportunity. The viability of rural Kansas depends CORPORAL DUSTIN LEE So this is a photograph, Mr. Speaker, upon fresh and affordable food as well MEMORIAL ACT of Lex looking at the headstone of the as the jobs a grocery store provides. grave of Dustin Lee, and Dustin is When we lose our grocery store, we The SPEAKER pro tempore. Under a there on his knees with his hands begin to lose our town. Grainfield is no previous order of the House, the gen- around the head of the dog which was exception to this rule. In this tiny tleman from North Carolina (Mr. Lex. This is very special, and that’s community of 300 people, Harvest Mar- JONES) is recognized for 5 minutes. why I wanted to bring it to the floor. I ket provides the people of Grainfield Mr. JONES. Mr. Speaker, I have in- ask my friends, again, to join me in with everything from a cup of coffee troduced H.R. 4639. It is known as the this legislation, H.R. 4639. from the in-store shop to the food that Corporal Dustin Lee Memorial Act, to Mr. Speaker, as I always do on the will make the evening’s dinner. amend title 10, United States Code, to floor of the House, I want to ask God to Dan Godek and his wife, Nicole, own authorize the adoption of a military please bless our men and women in uni- and operate the Harvest Market. The working dog by the family of a de- form. I want to ask God to please bless Godeks continue to work hard by sup- ceased or seriously wounded member of the families of our men and women in plying a wide variety of affordable the Armed Forces who was the handler uniform. I want to ask God in his lov- produce with meats and dairy products of the dog. ing arms to hold the families who have in order to make the local shopping ex- Mr. Speaker, 3 years ago I got in- given child, dying for freedom in Af- perience more enjoyable. With people volved with a family from Mississippi. ghanistan and Iraq. in rural Kansas willing to travel to It was somewhat by accident really. It Mr. Speaker, I want to ask God to other communities featuring larger was brought to my attention that Ra- please bless the House and the Senate, stores, maintaining that competitive chel and Jerome Lee, the husband, had that we will do what is right in the edge is vital to both the store and the lost a son named Dustin Lee, and that eyes of God for his people throughout community. Dustin was killed for this country in this country. And I want to ask God to The couple has also made efforts to Iraq. He was a dog handler, and the dog give wisdom, strength and courage to make the store more energy efficient. was wounded as well. the President, Mr. Obama, that he will They’ve installed more efficient cool- The Marine Corps took the dog, do what is right in the eyes of God for ers and are making plans for freezers named Lex, to the funeral in Mis- God’s people in this country. And three and reusable grocery bags. These sissippi of Dustin Lee, the Marine who times I ask God, Please, God, please, changes for efficiency reflect the long- was killed. And at that time the daddy, God, please, God, continue to bless term goal of maintaining a thriving Jerome Lee, and the mama, Rachel America. business in this small town. Store effi- Lee, wanted to have the dog stay with ciency will help cut down on costs, al- f them. Well, it wasn’t possible because lowing the Godeks to put the extra the rules and regulations said that the The SPEAKER pro tempore. Under a money back into the store. This in- dog, which was owned by the Air Force, previous order of the House, the gentle- creased input means additional choices leased to the Marine Corps, had to be woman from California (Ms. WOOLSEY) for their shoppers. retired. is recognized for 5 minutes. Harvest Market is a socially impor- So when the family, the mother and (Ms. WOOLSEY addressed the House. tant component to Grainfield as well. dad, asked for the dog that their son Her remarks will appear hereafter in The store serves as a community cen- loved so much, the Marine Corps said the Extensions of Remarks.) ter for people to visit with their neigh- we need 2 more years of service by the f bors. It is here that residents discuss dog Lex. And when I heard about it, I local news and run into old friends. The called the family in Mississippi. And HARVEST MARKET OF Godeks also participate and help spon- my heart went out to the family. I GRAINFIELD, KANSAS sor community events as their way of asked the family what could we do to The SPEAKER pro tempore. Under a giving back to the townspeople. Just a help. And I don’t want to take credit previous order of the House, the gen- few of their civic activities include or- for this, Mr. Speaker, I want to give tleman from Kansas (Mr. MORAN) is ganizing and sponsoring Cruise, Shoes credit to General Mike Regner, who recognized for 5 minutes. and BBQs, as well as sponsorship of the right now is serving in Afghanistan for Mr. MORAN of Kansas. Mr. Speaker, Harvest Pie Festival on Labor Day this country. He is responsible for this I am here this evening to recognize the weekend. happening. I just made a phone call. Harvest Market for its service to the While the Godeks work hard to main- Lex was retired 2 years ago this De- community and the citizens of Grain- tain the success of the store, their fel- cember at a ceremony down in Georgia, field, Kansas. The Harvest Market rep- low residents also have chipped in to and the family now has the dog. In resents everything that makes a small- help around the store. Dan says that he fact, Mrs. Lee is going to bring Lex and town business work—community sup- is very impressed with the locals and come to Walter Reed on the 12th of port, dedicated employees and a desire how much they’ve supported him. Cus- April. She wants to take the dog to to maintain a quality of life for those tomers are more than willing to lend a visit the troops at Walter Reed, which living in and around Grainfield and helping hand by retrieving items from I think is very magnanimous of the Gove County, Kansas. the back and straightening the shelves. mom and dad. They want to let the sol- During my travels throughout our One Grainfield resident commented, diers and the Marines there know what congressional district, the community It’s not just my store; it’s everybody’s happened with their son Dustin and say grocery store has proven itself to be store. They’re all proud of it too. Even

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.095 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1086 CONGRESSIONAL RECORD — HOUSE March 3, 2010 Dan’s mother-in-law makes the point throughout a person’s life. It is linked expand to geographically underserved to stop in to help stock shelves. to a mutation on the X chromosome regions. The willingness of the Grainfield and is the most commonly inherited I commend the ongoing research residents to partner with the Godeks to form of intellectual disabilities. Frag- being conducted in drug therapy, and help one another succeed is a great ex- ile X is also linked to reproductive we hope that it will lead to successes. ample of the many values that rural problems in women, including early We must continue to focus on efforts to America lives by. They can be proud of menopause and a Parkinson’s-like con- enhance the lives of these families who their achievements, just as I am proud dition in older male carriers. Today are blessed with a fragile X child. As to represent these kinds of people. Con- over 100,000 Americans live with fragile the only Member of Congress who has a gratulations to Dan and Nicole in their X syndrome, and over 1 million Ameri- child with fragile X syndrome, I under- efforts at Harvest Market and the serv- cans carry a fragile X mutation and ei- stand the challenges that many fami- ices they bring to Grainfield. And ther have or are at risk for developing lies face who experience this condition. thank you to the town of Grainfield a fragile X associated disorder. Fur- For our family, fragile X has become a and the citizens of Gove County for the ther, as many as one in 130 women are lifelong labor of love and daily bless- support of the Godeks and the Harvest estimated to be carriers of the fragile ings. Every day we thank God for our Market. X mutation, according to current stud- son, Livingston. My family’s commit- ment to these courageous individuals is f ies. Over 140 fragile X advocates visited that we will work tirelessly to increase The SPEAKER pro tempore. Under a Capitol Hill today, educating their awareness of this genetic disorder. previous order of the House, the gen- Members of Congress on the potential f tleman from Oregon (Mr. DEFAZIO) is for effective treatments, raising aware- The SPEAKER pro tempore. Under a recognized for 5 minutes. ness of this disorder, and sharing their previous order of the House, the gentle- (Mr. DEFAZIO addressed the House. very personal stories. As one of the co- woman from Ohio (Ms. KAPTUR) is rec- His remarks will appear hereafter in chairman of this bipartisan Fragile X ognized for 5 minutes. the Extensions of Remarks.) Caucus, I am committed to improving (Ms. KAPTUR addressed the House. f the health of children and adults across Her remarks will appear hereafter in the Extensions of Remarks.) NATIONAL FRAGILE X the country living with this disorder. Last year our caucus, united with the f FOUNDATION ADVOCACY DAY National Fragile X Foundation, RECOGNIZING DR. BARTH GREEN’S The SPEAKER pro tempore. Under a reached many of our targeted objec- EFFORTS IN HAITI previous order of the House, the gen- tives. Working with Senator THAD The SPEAKER pro tempore. Under a tleman from Mississippi (Mr. HARPER) COCHRAN of Mississippi and other Mem- previous order of the House, the gentle- is recognized for 5 minutes. bers of Congress, we secured funding woman from Florida (Ms. ROS- Mr. HARPER. Mr. Speaker, as you for a national postsecondary education LEHTINEN) is recognized for 5 minutes. may know and many of you may know, demonstration program which was au- my wife, Sidney, and I are blessed with Ms. ROS-LEHTINEN. Mr. Speaker, I thorized in the 2008 Higher Education rise tonight to recognize the tremen- a precious 20-year-old son named Liv- Opportunities Act but was previously dous contributions of the relief efforts ingston and a wonderful 18-year-old not funded. This program will give in Haiti made by Dr. Barth Green and daughter named Maggie. Early in Liv- hope to families and will allow young the University of Miami’s Global Insti- ingston’s life, we noticed that he was adults with intellectual disabilities to tute’s Project Medishare and the Miller not reaching developmental milestones perhaps enjoy the opportunity and the School of Medicine at the University of as quickly as the other children his experience of going to college. Miami. When Haiti was devastated by age. He was slow to walk, slow to talk, The Fragile X Caucus supported the earthquake which struck on Janu- and at times, he would flap his hands, funding for the Centers for Disease ary 12, Dr. Barth Green, cofounder of rock back and forth, and chew on a Control to establish public health ac- the UM Global Institute’s Project terrycloth doll that he had. Doctors tivities for fragile X syndrome, obtain- Medishare for Haiti, and a team of 11 continuously informed Sidney and me ing $1.9 million for the current fiscal doctors and nurses immediately sprung that he was developmentally delayed year. Our coalition obtained report lan- into action. Arriving the very next and that he would grow out of it. We guage in support of efforts at NIH for day, they were the first medical team were told not to be concerned. the implementation of their research in Haiti following this catastrophic When Livingston was nearly 19 plan on fragile X. And we succeeded in earthquake, and within less than 24 months old, and we were 3 months adding fragile X to the list of disorders hours at the request of Haitian Presi- pregnant with Maggie, our doctor in- eligible for medical research projects dent Rene Preval and the Haitian Min- formed us that something could be under the Department of Defense’s istry of Health, Project Medishare had wrong. At that time, he didn’t know Peer Reviewed Medical Research Pro- set up a field trauma hospital on the what it was but assured us that he gram. grounds of the Port-au-Prince Airport. would begin searching for what the di- These accomplishments have had a This 300-bed critical care hospital is agnosis was. Over the next 2 years, our significant impact on the fragile X now reportedly the country’s largest lives were consumed with occupational community, but I assure you that this functioning urgent care hospital. It is therapy and speech therapy and visits is only the beginning of our very prom- working closely with the U.S. military to the doctor, trying to find out what ising journey. This year the Fragile X in Haiti, providing important triage we had, along with other diagnostic Caucus will work with other Members services in collaboration with the U.S. tests. Livingston was misdiagnosed of Congress to push the NIH research Navy ship Comfort. with mild cerebral palsy and was said plan on fragile X syndrome and associ- Under Dr. Green’s leadership, Project to be a near miss on autism. My strong ated disorders and will urge Congress Medishare has deployed over 500 med- and loving wife dealt with these issues to continue funding translational re- ical, administrative and logistical per- on a daily basis and dealt with the search that shows significant promise sonnel to staff the hospital, and they brunt of the day-to-day activity with of a safe and effective treatment for have effectively treated hundreds of Livingston. After almost 2 years, we this disorder. We will request that the patients on a daily basis. So far, more were finally able to get a correct diag- Department of Defense expand the Peer than 2,000 earthquake survivors have nosis of fragile X syndrome. Reviewed Medical Research Program received care at the University of Most fragile X families have shared to include fragile X-associated dis- Miami Hospital. In addition, the similar stories of delayed diagnosis. orders in the eligible research topics Project Medishare UM Global Institute This is why I support the work of the for their fiscal year 2011. And we will Hospital has served as an important Fragile X Clinical and Research Con- advocate for continued support to grow clearing house and staging point for sortium. Fragile X associated disorders the National Fragile X Public Health medical evaluations and for other hos- are genetic, resulting in behavioral, de- Initiative and the Fragile X Clinical pitals that are operating in the Port- velopmental and language disabilities and Research Consortium in order to au-Prince area.

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.100 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1087 But it doesn’t stop there, Mr. Speak- men and women in uniform are a re- We also sent numerous letters to the er. Because Project Medishare has been markable symbol for our country, and Defense Appropriation and authoriza- engaged in health and development we are truly proud of their dedication. tion committees so we could begin to work in Haiti for over 15 years, they The Minnesota National Guard’s 34th address the problem in Congress, while were able to quickly grow their emer- Infantry Division, known as the Red thousands, in the meantime, continued gency response efforts across all of Bulls, have served our State and our to wait for the DOD to act. In the Haiti. They were able to expand their country with honor and are truly the House, we were successful in getting longstanding programs in Cap Haitien best our Nation has to offer. Their language in the Defense authorization and in the central plateau to care for dedication to ensure freedom has been bill, and we got money allocated in the earthquake-injured individuals who a momentous task, and they continue Defense appropriation bill. Unfortu- had left the capital city to be with to succeed with utmost bravery. nately, the Senate authorization bill their families elsewhere. This responsibility is no small task. had language to fix the problem but Similarly, because the UM Global In- Indeed, ensuring democracy in a fragile their appropriations bill did not in- stitute has been working in Haiti for state is something that takes courage clude the funding. Sadly, after all of nearly 40 years now, it is uniquely posi- and trust. our efforts, the final Defense appropria- tioned to work with the Government of Most recently, more than 1,000 mem- tions bill that the President signed bers of the Red Bulls were deployed to Haiti, the U.S. military and other orga- into law did not contain the funding Basra, Iraq, where they took command nizations to help organize medical that was needed to provide the fix to of 14,000 troops in nine of Iraq’s 18 prov- teams on the ground and implement this problem for our troops. inces. After serving long hours and giv- field hospital plans around the capital But we kept on fighting. We did not ing up days and years of their lives, the city. give up, and the issue was raised in a Red Bulls have finally returned home question by Representative KLINE to b 1900 to Minnesota, and it was a joyous occa- Defense Secretary Gates during a sion. Families and friends were re- Notably, Project Medishare is also House Armed Services Committee united after serving our country and making an effort to integrate medical hearing recently, and it was just short- representing our State. These heroes staff with the Haitian Ministry of ly after that the Department of De- took part in the Minnesota National Health and other local Haitian doctors fense announced it was changing its Guard’s nationally recognized ‘‘Return and nurses in an effort to better train policy and that they would end these to Yellow Ribbon’’ reintegration pro- each other. burdensome regulations in order for gram which helps soldiers ease back As Dr. Green himself explained, the soldiers to get the money that they ‘‘We’re beginning to train our Haitian into everyday life. To give thanks for their extended were promised a long time ago. colleagues so, when we hand off these So I am proud to report that now the hospitals in the next couple of months, service, in January 2007, the Post-De- ployment Mobilization Respite Ab- first checks have been mailed out to they’ll be there forever. We’re not re- our deserving troops. The Red Bulls, building Haiti the way it was; we’re re- sence program, PDMRA, was imple- mented to offer extra pay for those who without a doubt, deserve every dollar building a different Haiti.’’ they will be receiving after this 3-year Dr. Green has also said that they served extended time overseas during deployments in Iraq and Afghanistan. wait. I want to take this opportunity plan to leave with your colleagues in But despite this promise, more than to thank them again for their service Haiti every piece of the transported 23,000 troops did not receive the bene- and pledge to them that we will fight equipment used for their relief efforts. fits they were promised due to the bu- to make sure that a similar situation This will help to transition the imme- reaucracy and the red tape within the never happens again in the future. diate relief assistance they have pro- Department of Defense. Troops that f vided into real, longstanding, sustain- were owed thousands of dollars, they able progress for the people of Haiti. HONORING THREE didn’t see a dime. This was entirely un- PENNSYLVANIANS I was so proud to coordinate Dr. acceptable. This type of delay, what- Green’s efforts with our U.S. military ever the excuse, was certainly out- The SPEAKER pro tempore. Under a personnel on the ground and in my dis- rageous. And although this was not a previous order of the House, the gen- trict at the U.S. Southern Command. I new issue, I was proud to work on this tleman from Pennsylvania (Mr. THOMP- applaud the many individuals who have issue as soon as I arrived in Congress. SON) is recognized for 5 minutes. participated in the relief efforts headed In fact, the effort was led by Rep- Mr. THOMPSON of Pennsylvania. by Dr. Green, by the University of resentatives JOHN KLINE and TIM WALZ Mr. Speaker, some say that America is Miami, by the Global Institute’s from Minnesota, along with the rest of successful because of what we do here Project Medishare, and by the U.M. the Minnesota delegation, and Rep- in Washington. I couldn’t disagree Miller School of Medicine. The work of resentative BRUCE BRALEY from Iowa, more. America is successful because of private individuals and organizations whose tireless work on this issue her citizens. And tonight, I want to such as these is key to the broader U.S. should not go unnoticed. share and talk about and recognize response to the crisis in Haiti. Mr. Speaker, when it comes to our three such individuals from Clinton Again, I would like to recognize the veterans’ issues, partisan politics are County, Pennsylvania. tremendous contributions made by Dr. not an option. We all share a common Mr. Speaker, the first is Donald Green and his partners at the Univer- goal in Congress to support our troops, Mellott. On Friday, February 12, 2010, sity of Miami, especially U.M. Presi- and have worked together to ensure veteran fire policeman Donald G. dent Donna Shalala, to the relief ef- that those who serve our Nation get Mellott made the ultimate sacrifice in forts in Haiti. My sincere gratitude for the respect and the recognition that the line of duty while serving the citi- their selfless dedication to this cause. they deserve. zens and communities of Clinton Coun- Congratulations, U.M.; congratula- While we authored legislation that ty, Pennsylvania. Mr. Mellott trag- tions, Mr. Barth Green. would have provided an immediate fix ically lost his life while working to f for this issue, a major hurdle was that control the traffic scene of a two-vehi- many Members of Congress did not cle crash on Lusk Run in Bald Eagle RECOGNIZING MINNESOTA’S 34TH know the problem ever existed. Despite Township. INFANTRY the fact that 19 States had 500 or more A long-time public servant in Clinton The SPEAKER pro tempore. Under a constituents who had not received County, he most recently served as previous order of the House, the gen- money, many Members were unfortu- captain of the Woolrich Fire Police As- tleman from Minnesota (Mr. PAULSEN) nately unaware, which was a major sociation. Captain Mellott was instru- is recognized for 5 minutes. hurdle in passing this legislation. And mental in shaping the future of the Mr. PAULSEN. Mr. Speaker, the so we made it our mission personally Clinton County Fire Police Associa- amount of sacrifice given to this Na- to educate Members of Congress about tion. tion by those serving in our Armed the problem, and we tried to raise He began his public service at the age Forces is truly inspiring. American awareness about the issue. of 16 and served his communities for 46

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.104 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1088 CONGRESSIONAL RECORD — HOUSE March 3, 2010 years. His involvement originated in Before Lock Haven, Miller was pro- going to be passed. And if it is passed, his home community of Flemington, vost and vice chancellor of the Univer- it will leave our Nation very, very and he has been an active member of sity of Wisconsin-Oshkosh, dean of the weak, much weaker and unlike any- the Lock Haven Citizens, Dunnstown, College of Business at Niagara Univer- thing that we have seen before. and Woolrich fire departments. He was sity in New York, and associate dean of It threatens to do two major things: also involved in public service as a the School of Business at Quinnipiac to destroy the quality of health care in member of the local Masonic Lodge. College in Hamden, Connecticut. America, and to destroy the fiscal in- Captain Donald Mellott’s life em- He holds a bachelor’s, a master’s, and tegrity of our very country. I am talk- bodies that of a true American hero. He a Ph.D. from the University of Arizona, ing, of course, about an old topic, a lived and served with a commitment to but he has also worked in sales for topic that has been debated now for making a difference in the lives of both Proctor & Gamble. He counted that as more than half a year here in Congress. his neighbors and complete strangers. good experience for teaching business. I It has absorbed the attention of the He sacrificed personally, missing fam- can continue to describe his distin- Nation, and it is an interesting topic ily time, meals, and full nights of rest guished career and many attributes, because the more that it has been when called upon to serve those in but suffice it to say that Lock Haven around, it seems the more the public is need. and Lock Haven University will miss aware of it, and the more they see of it, While we mourn the loss of this Dr. Miller, as will I. the more they don’t like it. In fact, as American hero, we celebrate his life- f you start to take the covers off the leg- time record of service and his prin- islation on health care, it becomes a ciples of public service. The families of The SPEAKER pro tempore. Under a previous order of the House, the gen- very ugly picture, and the American all fire and emergency personnel share public is wise. In fact, the statistical tleman from Indiana (Mr. BURTON) is in the service and sacrifices of their information suggests that at least 20 loved ones. To the Mellott family, recognized for 5 minutes. (Mr. BURTON of Indiana addressed percent more Americans believe that please know that I am keeping you in we would be better not passing this my prayers during this very difficult the House. His remarks will appear hereafter in the Extensions of Re- piece of legislation and a great major- time. ity think we should just scrap it and The second individual, Mr. Speaker, I marks.) start over again by systematically de- rise to honor today is Jerry Updegraff, f fining a problem and fixing it rather who has spent 20 years raising funds to than having government take over all advance the causes of Lock Haven Uni- HEALTH CARE TAKEOVER of health care. versity in Pennsylvania. The SPEAKER pro tempore. Under He plans to retire with a balance the Speaker’s announced policy of Jan- b 1915 sheet of more than $40 million in con- uary 6, 2009, the gentleman from Mis- Now, the process, the way that the tributions and other income that has souri (Mr. AKIN) is recognized for 60 legislature works historically has been come to the university during his ten- minutes as the designee of the minor- so boring that none of the American ure as executive director of the Lock ity leader. public pay any attention to it, but that Haven University Foundation. Mr. AKIN. Mr. Speaker, it is a pleas- has changed since we have been in the Jerry represented the university on ure to be able to join you, my col- days of looking into the abyss, the the Council for the Advancement and leagues, and those gathered in various abyss of the destruction of health care Support of Education and was past places around the buildings here near and the destruction of our economy. chair of the Clinton County Economic the Capitol. And people are becoming conscious of Partnership. Last month, he received a I have had the opportunity, having how it is that bills are passed and how lifetime service award from CASE for served in government as a legislator they become law. his contributions to higher education for a number of years, to serve both in What would be required to have this over the course of his 42-year career. the majority, in the minority, but also I also know him as a former member health care bill passed would be a proc- in the wilderness. This last year and a of the executive board of the Susque- ess that people call reconciliation. half has been different; I have served in hanna Council of the Boy Scouts of What that means essentially is that the wilderness because we have actu- America, where he served with honor. the bill would end-run or bypass a safe- Prior to joining Lock Haven, Jerry ally come up to the edge of the abyss ty process in the U.S. Senate. The U.S. had public relations and fundraising re- with a piece of legislation that prom- Senate has a very conservative way of sponsibilities at the University of To- ises to be so threatening and so de- operating, and that is that you can ledo, Bowling Green State University, structive to our country that should we have a bill that you have 51 Senators and the University of Charleston. decide to swallow this poison pill and who would vote for it—so it would pass Jerry recently surpassed the $10 mil- pass this piece of legislation, America if you had a chance to vote on it—but lion fundraising goal in Lock Haven will never be the same. they put this extra caveat, that you University’s capital campaign by help- I have seen, in the majority and in have to have 60 Senators agree to bring ing to raise $11.6 million. We thank the minority, pieces of legislation it up for a vote. So in a sense, every- Jerry for his dedication and his out- which are harmful and that may be thing in the Senate requires a 60 per- standing service to Lock Haven, and poor solutions to some particular prob- cent approval before it goes to a final wish him well on his retirement. lem or solutions to a problem that vote. Finally, Mr. Speaker, I recognize doesn’t exist or excuses just to have Now, there is an exception to that, Lock Haven University President Keith more taxes and more government con- and that is because of the necessity of T. Miller. Keith has been an out- trol, but we have never quite seen a dealing with the budget and spending standing representative for the college. threat like the threat that confronts and taxing and some of those issues, Enrollment has grown under his ten- America today, and we, you and I, my that on certain financial kinds of ure, as has the honors program. Lock friends, who love the red, white, and transactions, because of the fact that Haven has achieved All-Steinway sta- blue, are looking off the edge. we can’t afford a gridlock, we allow a tus and qualified for National Science I don’t know if you have ever stood 50-vote majority to be able to move Foundation grants since Dr. Miller ar- on the edge of the rim of the Grand something along, and that’s called rec- rived in 2004. Canyon and looked thousands of feet onciliation. But it is not a process that He is a warm individual whose dedi- downward, or if you have ever been on is typically used for a completely new cation to the school was always in evi- the top of some high skyscraper or bill on a very broad subject, which is dence. He never stopped promoting and bridge and looked off into empty space, not just specifically a financial kind of believing in the mission of the univer- but that is where we stand tonight. thing. sity. I am pleased for Dr. Miller that he That is where we stand this week or We have this quote from our Presi- is going to assume the reins of Virginia next week in America. We are standing dent on this subject of reconciliation, State University in Petersburg, Vir- looking into the abyss, into a piece of he says, ‘‘Reconciliation is, therefore, ginia, in July. Their gain is our loss. legislation which is quite possibly the wrong place for policy changes.’’

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.106 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1089 Now, wait a minute now, this is the something that will divide America, are 1 percent. Earmarks are not the President saying ‘‘reconciliation is, create a tremendous amount of tension thing that’s really a threat to the therefore, the wrong place for policy and pressure, end up with lousy health budget. The thing that’s a threat to the changes. Isn’t the health care bill a care, and a Federal budget that is even budget are three entitlements: Social policy change? I guess it is. It’s a whale more out of control. Security, Medicare, and Medicaid. Two of a big policy change. Now, if you take a look down here, of those have to do with health care— In short, the reconciliation process we have another quote from the Speak- Medicare and Medicaid. And what’s the appears to have lost its proper mean- er of the House, NANCY PELOSI, and it problem with Medicare and Medicaid? ing. A vehicle designed for deficit re- says, ‘‘This will take courage.’’ In Well, they’re financially broken, and if duction and fiscal responsibility has other words, for the Democrats to vote they continue as they are right now been hijacked to facilitate reckless for this bill, it will take courage. What without changing those laws, they will deficits and unsustainable debt. Well, I does that mean, it will take courage? bankrupt our country. wish the President would pay attention Well, if it takes courage, it means So we’ve got Medicare and Medicaid, to his own words. This is what he said, somebody is going to be mad, some- government programs that are cur- Reconciliation is not a place for policy body is not going to like it. And so you rently bankrupting our country. And changes, and yet the health care bill is have to be courageous and stand up to so what are we trying to sell the Amer- a massive policy change. It will take somebody who doesn’t want you to ican public? Oh, hey, we’ve got the gov- over about one-sixth of the U.S. econ- vote for this bill. Who do you think the ernment running Medicare and Med- omy. The government will step in and ‘‘somebody’’ is? Is it the Republicans? icaid, they’re bankrupting our country, effectively run one-sixth of the U.S. The Republicans don’t like it, but we so let’s take over all of health care economy with all kinds of rules and have 80 votes less than the Democrats, with the government. There is some- regulations and bureaucracies. I guess so we can’t say much of anything about thing intuitively counterintuitive that’s a policy change, Mr. President. it other than explaining why we don’t about that, isn’t there? Why would you In short, the reconciliation process like it. But our votes don’t make the want the government to take over appears to have lost its proper mean- difference. something that it’s already messing ing. Indeed, it does. A vehicle designed NANCY PELOSI has a whole lot of up, that not working financially, that for deficit reduction and fiscal respon- extra votes. She could have 20 or 30 is in the process of bankrupting our sibility, that’s what the reconciliation people vote no and still pass this bill. country. If you can’t do it in a smaller process was supposed to be about, and So why does this take courage? Well, it area of Medicare and Medicaid, why do in fact it’s going to be hijacked. It’s takes courage because somebody you want to expand it to everybody? been hijacked to facilitate what? To fa- doesn’t want it, somebody very much So this is kind of a hard sell for the cilitate jamming down the throats of doesn’t want it, and they’re going to be President, and that’s why it’s taking a the American public a bill that Amer- mad if it’s jammed down the throats of lot of courage and why this bill is not ica clearly does not want us to do. the American people. Who is the some- moving any too fast and why the public They want to take the reconciliation body going to be? You got it, the Amer- doesn’t like it. But there are many, process as a mechanism to jump with ican public. many other reasons. You can see the all of America into the abyss. People are not going to like this bill. complexity here, and as you can imag- So I think it’s interesting that after So if you vote for it, the point she’s ine, when you start to look at the de- the votes, particularly the vote in Mas- making is you’re risking your seat be- tails, you find that it is full of a lot of sachusetts where the Democrats do not cause people are going to be mad. It’s little devils. One of the things that you have 60 votes in the Senate, they don’t interesting when the leader is saying find—and I think one of the little dev- have one Republican that would sup- it’s going to take courage. That says ils that is perhaps most noxious to a port this bill, not one, for people who somebody doesn’t like it. lot of American people—are the special have served in the legislature, that is a Now, are there some reasons why deals. You see, when you have a piece huge warning sign. When you see a people don’t like the bill? Well, first of of legislation that’s going to take a lot total party line vote on something, all, this is a rough flowchart trying to of courage, you have to put some sugar that means there’s some problems. describe what happens when the gov- in it to make people vote for it. And Usually in the legislative process, if ernment takes over one-sixth of the the sugar, of course, comes in the spe- it’s been done properly, a lot of people U.S. economy. Obviously, there’s a cial deal form. have a chance for input, people have a whole lot of things being done by pri- So what you find in the legislation— chance to improve and say this part vate institutions which will be replaced to the best of our knowledge, because seems to be a little radical, let’s go with government institutions, and the idea about transparency and open- back this way. Usually what you have they’ve got to figure out how to re- ness we have not seen, and so we don’t is more of a mix of people. When you place it all. So no wonder it takes al- actually see exactly what’s in this bill see something being jammed in a proc- most 3,000 pages of bill to try to put in its final form, but you see what it ess that is not designed—that is, rec- some sort of a scheme together for the was like in the House, we saw what it onciliation—for this massive policy government to be running the health was like in the Senate. But we find change, and you see not one Repub- care business. that it has some of these special little lican voting for it, that should be a Now, on the surface of the whole sit- things, that is, that it’s going to take warning sign for people everywhere, uation with this bill, this is not an $500 billion out of Medicare, but is it and it is a misuse of reconciliation. easy sell. As you know, this bill has taking $500 billion out of Medicare all And so while the public is saying in been around for more than half a the way across the country? No. In poll after poll, survey after survey, year—I guess it’s three-quarters of a fact, in the State of Florida, it’s not phone call after phone call from our year. People don’t like it very well. going to take any money out of Medi- districts, stop this train, do not jump The President thinks it’s a beautiful care Advantage at all. So it won’t be into the abyss, do not allow the Fed- bill, but the more that people see it, coming out in Florida, but in the other eral Government to take over one-sixth the less they like it; they think it’s an States, they do take it out. Well, that of the economy, and yet, what do we ugly bill. was a special deal for somebody in see? We see a tremendous determina- Well, let’s just think about the logic Florida. tion to jam this bill through, whether of this, stand way back away from all Then we’ve got special deals for—I the procedure fits or not. But it’s my the details of health care. We’ve got think it was called Louisiana Purchase way or the highway, and we’re going to Medicare and Medicaid, both of those II for Louisiana; special deals for Mas- do it because we know what’s best for have to do with medicine. They are sachusetts that Medicare gets these you. both very large Federal entitlements, special reimbursements there; going to This is a very high-handed approach, Medicare, Medicaid. In fact, the great build a hospital, as I recall, in New Jer- and it is something that does not— challenge to the American budget are sey, but not in other places. So you never does and never will—produce a three entitlements. People say ear- have special deals. That’s one of the good consensus in America. It will be marks is what it’s all about. Earmarks things that makes this look ugly to the

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.109 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1090 CONGRESSIONAL RECORD — HOUSE March 3, 2010 voters because you’re not treating tients because they’re not being reim- should be to pass the right type of re- every State the same; you’re making bursed enough to make it worth their form, not just something. Until we get some States pay more and other ones while to take patients. If that’s a prob- the right type of reform, we should don’t, and you’re making some special lem in Medicare, why are we going to never actually quit looking to form a adjustments for various people. pull half a trillion dollars out of it? way that is best in providing options You find there are special adjust- That’s one of the ways you can look at and choices to the American people. ments for people who work in a labor these bills. So there is a difference. The I am assuming, when you started, union, but somebody who works the Republicans are not proposing that, that you talked about some of the four same kind of job in a company that’s but both the President’s new online bill supposed, alleged, Republican pro- not in a union doesn’t get the same and the Democrats’ bill do that. posals that were added today. You break as if you are in a union. So Then it also enacts job-killing tax know, when I first saw that, I thought again, this is one of those special deals. hikes and government regulations, somebody was pulling my leg. It was a The American people in general see costing hundreds of billions of dollars. joke. I find it ludicrous and somewhat that and say that isn’t fair, that isn’t It’s a $1 trillion bill, which is a con- insulting to the American people that right, that isn’t good legislation, that’s servative estimate. This bill is going to there are actually those who believe, if special deals. We don’t like special cost a lot more than $1 trillion. How do you take a $1 trillion program which deals because they don’t treat people you pay for it? Guess what. By tax in- transfers power from the American equally before the law. creases—right?—and with cuts to Medi- people to bureaucrats in Washington, Now, when you take a look at the care. So the tax increases here are by adding more spending for a few complexity of this chart, what it sug- going to come from where? Well, a lot studies and for a few small, little gests is that this is going to be expen- of them come from small businesses. tweaks here and there, that that’s ac- sive. Not only is it going to be expen- When you tax small businesses a whole tually better and that that’s going to sive, if you’ve got a problem and you lot for their employees, guess what’s buy people’s support. fall through the crack somewhere, you going to happen? They’re not going to I think one of the things, maybe, we may never get over to getting any be able to hire as many employees, so have done too long in both Houses of health care at all because it has got so this bill then has the effect of causing this Chamber, perhaps with both par- much redtape and bureaucracy. And so unemployment. ties, is we’ve spoken too long about it. the whole idea of this kind of a system So, in our particular climate, with We’ve been giving speech after speech working well and providing good qual- unemployment near 10 percent in as if that’s going to convince Ameri- ity service is a little bit hard to under- America and with not a lot of sense of cans to go along with this program. stand. And when you take a look at the hope that that employment is going to What we should do now is listen to the failings of Medicare and Medicaid in turn around in a hurry because of very reasons Americans have complaints about the core program that is before terms of the projected way that they’re badly shaped policies by the Federal us. going to take our country into bank- Government, particularly policies I appreciate what you’re doing up which hammer small business owners, ruptcy, do you really want to expand there. You’re going through some of to have this bill which is going to tax all of health care into these categories? the core problems in this particular heavily small business owners and So there is a fiscal sanity kind of com- bill—that a few little add-ons, which which is going to put tremendous new ponent. cost even more money, are not going to One of the ways to take a look at the government regulations on them which sell this core problem issue. bill and to ask some questions and to will cost billions of dollars is not some- If I could say just one more thing—go get a sense of what’s going on as to thing, from an unemployment point of ahead. why this bill is unpopular as people view, that is a very good idea. Mr. AKIN. It sounds like what you’re study it and see more and more of it, This is going to be done by the old saying is that you can chrome-plate a these are some comparisons of what Democrat bill and the President’s new pig, but it’s still a pig when you’re the health care proposal does. This is proposal. The Republican alternative, done. Go ahead. Yes. the old Democrat bill, this is the Presi- it won’t surprise you, is not enthused Mr. BISHOP of Utah. I’ve actually dent’s new online bill, and this would about tax increases, and we don’t know been trying to think of a lot of meta- be the Republican alternative, or alter- that that’s the best way to be dealing phors here, and I don’t think any of natives. So we have three different with some of our problems in medicine. them really work terribly well. bills in comparison here, and a com- I am joined by a very good friend of Except I do remember one time when parison based on a number of different mine, Congressman BISHOP. I would my oldest kid was about 3 or 4. He had criteria. I think it may be helpful to very much appreciate his perspective been given a candy bar and was sup- take a look at some of those. as to what we are talking about. posed to participate in a program, and First of all, it says here that it im- I’ve just been saying—and I don’t he didn’t want to go up and join the poses half a trillion in Medicare cuts. think I am overdramatizing this—that, other kids in the program. So I took We talked about that just a minute to a degree, it’s my sense that America his candy bar away. I said, If you go up ago. This bill is going to cut Medicare. is standing on the edge of an abyss, there and perform, I’ll give you a candy You always heard the Democrats say- like looking over the Grand Canyon or bar. Of course, he was dumb enough to ing the Republicans are going to take something, and that, if we step off the accept that, and he waddled right up your Medicare away. That didn’t turn edge and misuse this reconciliation there and did the program, and I gave out to be true, we have not done that, process, we are going to damage our him his candy bar back. but this bill does. This bill is going to country in a way unlike anything that I hope that people don’t think, just cut $500 billion out of Medicare, and we have seen before. by giving me my candy bar back, I’m the answer to this of course is yes, the Please join me. going to buy this program, because the old Democrat bill did that. That’s the Mr. BISHOP of Utah. I appreciate program hasn’t changed. It is still fun- yes. The President’s new bill is going being able to join the gentleman from damentally flawed. to do the same thing. So it’s going to Missouri here, and I appreciate his ef- A reporter just asked me, Don’t you impose a half a trillion in Medicare forts so far in explaining the dif- think these bills should have an up- cuts. The Republican alternative does ferences in these particular bills. down vote? Well, here in the House, ev- not. I want to echo that I agree with you erything is an up-down vote. that we are in a precarious situation. Also, the bills that have been intro- b 1930 There are those who would tell us that duced by Representative SHADEGG and So this is one of those situations the most important thing we could do by Representative PRICE have a dif- where people are a little uncomfort- right now is to pass something. A lot of ferent approach to solving the problem able. Medicare is having trouble finan- bad pieces of legislation and policy and to reforming our system, which is cially, and doctors are not being reim- changes have happened when we have based on giving power to the people so bursed very much in Medicare, so simply passed something that was that people can make choices. Rep- they’re starting to not accept new pa- there. Our goal on this particular issue resentative AKIN, I think they deserve

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.110 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1091 an up-down vote in this body as well. model that the Democrats have been our constituents. Our constituents Instead, they have been prohibited using. It’s the concept of, Ha, the sink want us to help them solve problems from even being discussed in com- is broken. Therefore, we can remodel that they’re having with the Federal mittee or on the floor. the whole kitchen. They have the idea Government. I’m thinking, if this sys- Mr. AKIN. So, in other words, what’s of remodeling the kitchen, and they’ve tem gets put in, I’m going to have I happening is you have other ap- been wanting to do that for a very long don’t know how many thousands of proaches to solving some of the prob- time. The broken sink is now the ex- people every day on my phone, saying, lems of health care, not trying to have cuse to remodel the whole kitchen. ‘‘I need this kind of medical care, and the government take it all over but, I think the point of the matter is I can’t get through this system’’. rather, to fix various component parts. that the American people would be They’re going to ask me to help them We have a Rules Committee. If you more comfortable and the legislative do it. I’m going to say, ‘‘Fat chance. want to offer a suggestion, for in- process would work better if we were to This is a mess.’’ stance, they prohibit you from offering say, ‘‘Let’s define a specific problem in Mr. BISHOP of Utah. I think you’re it as an amendment to get an up-or- the health care system.’’ Instead of absolutely right, and I think that’s one down vote on it; is that correct? having the government take it all over, of the reasons a lot of people have Mr. BISHOP of Utah. Yes. I would let’s try to solve that one individual changed their opinions. A lot of people simply suggest to the leaders of our problem. I guess it depends on how you have grave concerns about this type of Congress and to the President, instead explain it or say it. a program, a one-size-fits-all, Wash- of saying, If you have ideas, give them If I were to ask, Gentleman, would ington-based program. to me, and I’ll make a choice on wheth- you like the government to buy you a I’ve also had some other people call- er they’re good or not, put the ideas on house, you might be tempted to say, ing me, a lot of people with grave con- the floor. Well, that sounds pretty good. Yet, if I cerns and with a great deal of anger Mr. AKIN. Well, that’s the way the were to ask, Would you like to live in over everything that’s going on. There process has worked. Yes. Go ahead. government housing, you might think, are some who have simply asked, ‘‘Why Right. I’m not so sure I want that. That may can’t you just sit down and com- Mr. BISHOP of Utah. Put those ideas be a little bit of an analogy to explain promise? Why can’t you work things on the floor, and let all of those ideas what we’ve got here. out?’’ I think I join with you in saying be fully debated in front of the Amer- The idea is to say, ‘‘Hey, don’t you I am more than happy to sit down and ican people. Give an up-down vote on want free health care?’’ But the other work with anybody who will work with every idea that’s out there. Just per- way of looking at it is, Do you really me. haps, just perhaps, we will find that want the government making health The bottom line is we have not been there is a needed reform to our health care decisions, or would you prefer that allowed to work together, which is why care system that actually meets the your doctor makes those decisions? So I was saying earlier to let those other needs of the American people, that it depends how you say it, but the ideas, the other bills, have an up-down does not cost them out of existence, American public has gotten wise to vote as well. Bring them to the floor that does not cut jobs, and that does this, and that’s why you’ve got at least and allow a true debate on all ideas. not move power away from the people 20 percent more in the number of Don’t siphon the ideas down to what is back here to Washington. It allows peo- Americans who don’t want this pro- allowable by the leaders of Congress. ple and their doctors to chart their gram. Allow us to actually work together. As own futures. Mr. BISHOP of Utah. Well, I think I think you intimated, there are some I have said it a couple of times when the gentleman has also brought the things, certain provisions, on which I’ve talked to you on the floor here on other chart down here, which you prob- both Republicans and Democrats do this issue: the State of Utah launched ably used earlier, which is how the sys- agree. Let them stand by themselves last year a reform of the health care tem would be structured. Now, when and see what we can actually accom- system based on Utah’s unique demo- the first bill was presented by our good plish without taking an idea on which graphics. We have the youngest State friends on the other side, that was the we basically all agree and then adding in the Nation. Our median age is structure. I hate to say this. Over all 10 or 15 bad ideas on which we fun- younger. We also have probably more the times we’ve just discussed it, that damentally disagree and saying, Okay, small businesses which don’t provide typical Washington approach of con- it’s take it or leave it. insurance than in most States. We need voluted, complex patterns and about Mr. AKIN. Well, you know, I hate to something specifically for our need, people making decisions hasn’t admit how many years I’ve served in and we have launched a program that changed at all. As we have come the legislative body. I started by say- is well designed with fundamentals. It through and have supposedly come up ing I’ve served in the majority, in the still needs to be tweaked, and it still with this new idea that has a few minority and now in the wilderness. needs to be worked on, but it is based tweaks from the Republican side, there As to most legislation I’ve seen that on our needs and on our demographics. has been no compromise on the basic works pretty well, surprisingly enough, If either the Senate or the House bill, problem, which is that structure. people are sold on it. There is a process these one-size-fits-all programs, were Mr. AKIN. You know, I kind of like of a bunch of people coming together, to pass in any form, it would totally this chart because I think that some defining a problem, working on a solu- destroy what the State is trying to ac- entrepreneur could make money with tion. Frequently when they start, the complish. this chart. If you were to just shrink it bills are pretty rough, are pretty hard We are not the only ones with bril- down a little smaller and add some ad- to understand, and have a lot of ques- liance here. We are not the only ones ditional lines, you could start over tions and problems in them; but as who care about people. We should be here. These are the consumers. These more and more people have a chance to partnering with States to come up with are the people who are sick. The med- work on them, to roll their sleeves up new and creative ideas to meet the in- ical professionals are over there. You and have input in them, the bills get dividual needs of our people in their in- could sell it to restaurants as a refined. dividual areas, and we flat out are not placemat and give people crayons, and In the business world, if you want to allowing that to take place. customers could try and draw and see mess something up, you send it to a Mr. AKIN. We are basically muzzling if they could get through the maze to committee. In the political world, a lot of the representative process. get over to the health care profes- when committees work on legislation, As you said, there have been different sionals, because that’s a little bit how they tend to refine the product. After a analogies. You talked about your son this looks. period of time, what happens is you with a candy bar. Another one was the Now, maybe that sounds like a silly have certain ideas that some people idea of a kitchen that has a broken thing to say; but, gentleman, you’re in just can’t tolerate, and you tend to sink. When you hire a plumber to fix the business in your office—among throw the radical stuff out. What you the broken sink, you don’t remodel the other parts of the work that we do as can agree to comes together. When entire kitchen. Of course, that’s the Congressmen, we get phone calls from that happens and particularly when it

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.111 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1092 CONGRESSIONAL RECORD — HOUSE March 3, 2010 happens across party lines, you don’t tionship between you when you are everyone will get what they want in have major fundamental reform, but sick and your doctor. We call it the this particular program. I was told you change, and you fix things in ways doctor-patient relationship. I think that once again today, the President, that solve people’s problems. that is fundamental to our under- in his remarks, said, if you like your What happened this year is we had 80 standing of what good health care has plan, you keep your plan; if you like less seats than the Democrats, so they to start with, and that is that you have your doctor, you can keep your doctor. thought, We don’t need the Repub- got qualified, professional doctors who Now, if that line sounds familiar, it licans. The dickens with the Repub- work with somebody who is ill. The is because it was a staple in the rhet- licans. We’ve got such a majority that family and the doctor come together oric for all of last year, with a couple we can do whatever we want. As and they put together a solution as to of problems. I have been told that they’ve marched off to totally change what is going to happen and what the media outlets like the Associated Press all of health care, now they’ve gotten doctors can do to help you with your and ABC News debunked that claim, kind of in a jam because they’re real- health. showing that that cacophony of pro- izing the public is not agreeing with it, Now, one of the things that gets peo- grams and lines going through, that and they don’t have one Republican ple very upset, and with good reason, is that simply was not the case. And the vote. That’s very, very unusual politi- when somebody butts in to that doctor- White House then said, well, we are not cally that there is not at least one Re- patient relationship. One of the exam- taking that line literally, and eventu- publican who would vote for a bill. ples that we have seen too frequently is ally it was removed. That says that this has been such a that we have allowed insurance compa- It is coming back now, but it still is partisan kind of approach, and that’s nies sometimes to jump into that doc- not accurate. The problem is, if you why there is cause to scrap it. It’s not tor-patient relationship, and they say, like what you have, you may not end that people are going to go back to oh, we are not jumping into the doctor- up keeping what you like. You may end ground zero in health care, but they’re patient relationship; it is just that we up being told what to do, which is the saying this approach right here is just are deciding what we will fund and problem every time when you try and too much. what we won’t fund. In other words, transfer power from individuals back Mr. BISHOP of Utah. I would be very the doctor says you need to do X, Y, to Washington to tell us what is best hesitant to try and ascribe any motives and Z, and the insurance company for us. We sometimes may not agree. as to why things happened the way says, oh, you don’t need to do that. So And that is the sad part. they did. That is the fundamental problem What we do know is, historically, we don’t like it when somebody who is that a few tweaks around the edges when major changes of policy have not a medical professional starts to su- can’t solve. But that is a significant taken place, even when they have been perintend over our health care and we problem. And I think the gentleman hotly debated, even sometimes when don’t have any control of it. What is even worse is that when the from Missouri hit the nail on the head cloture has been approached over in doctor makes a medical mistake, he is when he said this is one of those funda- the Senate, the final product has had a going to get sued, but when the insur- mental issues, which is why this pro- lot of majority and minority votes ance company says you don’t need to gram should not be forced through, but coming together. do that and then you up and die and you should back up and start again b 1945 your relatives say, hey, the insurance with something that doesn’t have that It was not this divisive of an issue companies just cost a life, well, it premise of Washington being empow- that was trying to be pushed through turns out they don’t have any medical ered to tell us how we will live our in, once again, a very partisan and di- liability. That is not a good situation. lives. visive way. But it is not the worst situation. There are 8,000 State legislators out I think you are right. What Repub- Something worse could happen. It is there, all of whom are bright, all of licans are saying is there are other this. This is what is worse. Instead of whom can come up with programs for ideas that still have to be out there, an insurance company, which, if you their States. Allow the States to be the and what is more important for us is to want to, if you have to, you can change laboratory of democracy that Louis do the system and do the reform the your insurance company, this is going Brandeis used to talk about. We can do right way the first time. It is very dif- to put a government bureaucrat be- better. We can do better. This is not ficult once something is established to tween you and your doctor, and that is good enough for us to force through, go back and fix it. It is best to do it something that I don’t know a single just so we can say we did something. right the first time, and we are not Republican that likes that idea. There is a better approach to it. doing that here. We don’t think we want government I yield back. Mr. AKIN. You are right. The thing bureaucrats getting between you and Mr. AKIN. I couldn’t agree with you about legislation, because it affects so your doctor. And how is that going to more, and I do think that is a funda- many people, it is so expensive and happen? Well, because the bureaucrats mental question. And when people talk what you sometimes create can never have got their calculators, and as they about compromise, I would picture peo- be taken back, it is absolutely crucial calculate, they say, how old are you? ple on the outside of Congress saying, that we get this thing right the first What are the statistical chances of why can’t those people just get to- time. We would be far better off—I this? Whoops, you don’t get this care. gether, solve a problem, bury their par- guess it is maybe a little bit like So the bureaucrats say, we are not tisan hatchets and just serve the Amer- choosing a wife. You want to be sure going to allow you to get this kind of ican public? you choose the right one the first time. health care. And the doctor says, no, I Part of the reason why you don’t see It is less expensive that way. understand the statistics, but in this that is because there are really funda- This is something you want to get it case this particular medical treatment mental differences of opinion on what right the first time, and if there is is necessary. And the bureaucrat says, you do with health care, and one of the doubt, if there are questions, then it no, you can’t get it. That is one of the very, very big ones is that question: Is says it is probably better to slow up reasons why in the United Kingdom it going to be between you and your and take a good look at what you are health care death rates are much high- doctor or is it going to be between you doing. er than they are in America, because of and the Federal Government and some Now, there are some things about the the fact that the bureaucrats say, no, doctor that they choose? And that is a bill that are being proposed here that you can’t get any care. very, very big difference in opinions on are just completely anathema to many, Mr. BISHOP of Utah. If I could get health care, and this system forces the many Americans. I think if you have to the gentleman to yield for just one sec- Federal Government between you and say, well, what would some of those ond. your doctor, and it is why it doesn’t things be, I mentioned the special Mr. AKIN. I do yield to my good have any support, among other rea- deals. People don’t like that. friend from Utah. sons, from Republicans. But if you get to the heart of what is Mr. BISHOP of Utah. I think it is There are a couple of other things going on in health care, it is that rela- well to reemphasize that fact that not here we probably ought to talk about,

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.112 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1093 because when we talk about health Once again, the President has said in He says, in short, the reconciliation care being too expensive, one of the past speeches he is willing to look at process appears to have lost its proper things that really increases the cost of that. But in one of the four proposals meaning, a vehicle designed for deficit health care has been attorneys, par- he seemed to add as a sweetener to this reduction and fiscal responsibility. ticularly trial attorneys who are going deal, it was not to actually have mal- This doesn’t seem like deficit reduc- to sue doctors for having done the practice resolutions, but simply to tion and fiscal responsibility. It seems wrong thing. study alternative malpractice resolu- like it is a policy change. Now, there are times when doctors do tions. We have to agree with the President the wrong thing. There are times when Now, that ain’t it. A study, we have that this is not the place for reconcili- doctors do the wrong thing. They need been doing that for a long time. We ation. And yet, guess what? In spite of to fix it and need to pay for some of the know what the problem is. the fact that Massachusetts has even damages that their actions caused. But Mr. AKIN. It seems to me the study voted on this, we are going to jam this this is more than that. These are these has already occurred. Various States bill through, whether you want it or punitive lawsuits with millions of dol- have done it, tried it, and it saved a lot not, using this process, the misuse of lar claims. And what does that do? It of money. What more do we need to this process called reconciliation, adds a tremendous cost to the cost of study on it? which most people have never heard of health care. So, one of the ideas, if you Mr. BISHOP of Utah. So adding that before, but it is by hook and by crook want to reduce the cost of health care, as something to improve the system and not by a legitimate method. is that you want to have what is called doesn’t improve the system at all. It is Here it benefits trial attorneys, by tort reform. nothing. What we need to do is actu- failing to enact meaningful lawsuit re- We were promised in Baltimore by ally implement those. And you are form. That is that tort reform. The old the President that certainly he be- right. Once again, even my home State, Democrat bill does not put it in; the lieved in tort reform. But as we take a the legislature once again is addressing new one does not. The Republican be- look at the legislation that we have on a State issue that concept of tort lieves, yes, we should have tort reform. got, one of the things that you find is reform and litigation limitations. It is Here is another one. Protects back- that the supposed tort reform in this essential, and we need to do that. room deals with Washington special in- That is one of the issues on which I bill, the old Democrat bill, and I be- terests. There have been a lot of special think both parties could easily come lieve the President’s new bill, although deals in these particular bills. I think together and make a resolution, if we I am not sure this is in there, is the the one that I find most offensive was were allowed to discuss real litigation fact that the States that have enacted an agreement made with insurance tort reform, such as my own State of reform. But, once again, that is not on the table. That is not discussable on companies that said if an insurance Missouri, the States that have enacted company makes a decision that over- tort reform, they cannot keep that tort the floor, if ‘‘discussable’’ is a word, which it probably isn’t. rides the doctor-patient relationship— reform in place when this medical bill that is, they say, yeah, we recognize goes in. So it gets rid of tort reform in- Mr. AKIN. Well, but it is something that needs to be dealt with. If we just the doctor-patient relationship; we are stead of making tort reform. just not going to pay for it—if they do Now, I said that costs a whole lot of kind of run through that, I think peo- that and something goes wrong, the in- money if you don’t have tort reform, or ple can understand. You are a doctor. surance company cannot be sued. So tort reform is a good idea to reduce the You have somebody who is ill, and you the doctor gets sued for everything. cost of health care. In the State of Mis- think, well, I am pretty sure this is But if the insurance company that is souri, it has dropped the cost of health what is wrong with them, but it could care significantly, I am talking in ex- be five other things, so I am going to not a medical authority makes a deci- cess of 10 or so percent, States that run all these tests, some of them are sion, the decision turns out to be bad, have decent tort reform. It reduces the very expensive tests, just in case, no yes, the doctor said your wife should go cost of medicine. So, that is a reform matter what, so if anything goes to the hospital but we said we are not that Republicans wanted to do, and it wrong, anybody gets me in a court- going to cover it, she doesn’t really is not included in the bill, which is the room, I can say I did absolutely every- need to go to the hospital, and then she tort reform. thing that anybody could do, and a gets really, really sick because she I do yield. whole lot more besides. should have been in the hospital, guess Mr. BISHOP of Utah. If I could Well, of course, that costs a whole lot what happens? The insurance company maybe add to that, because I think you more money, and they are doing it has no liability whatsoever. So that is have hit on one of the things I think is strictly to cover their tails because one of the backroom deals that is par- essential if we are really going to re- they don’t want to be sued and have ticularly upsetting. form the health care system, because millions and millions of dollars thrown The other one we talked about puts we do have two problems. One is people against them and run their cost of in- the government bureaucrats in charge being covered by insurance, but the surance up. of personal health care decisions. The second one is the overall cost of the Now, if their insurance goes up and Democrat bills are doing that. That is system. If you don’t address both of up and up, guess how they have to pay why Republicans—this isn’t a matter those problems, you haven’t really for that insurance? By charging the pa- of, hey, can’t you just be a little open done a good health reform. tients more money. So that is how this minded? No, I can’t be open minded. I Mr. AKIN. The cost of the system, tort reform can save in various States. don’t want the government involved in and what is the other? We don’t have to study it. It saved a health care decisions with my body. Mr. BISHOP of Utah. Coverage of in- whole lot of money in a great number b 2000 dividuals, being covered and having the of States. costs overall. Because even if you have So those are some things that I think The Republican proposals don’t do insurance, it still is very expensive, are important. I talked a little bit that. We’re joined—I don’t know and the costs keep going up. So we about reconciliation, the misuse of whether he wants to join us yet or have to deal with both of them. that process. I had a good quotation not—by a good friend of mine from A key element, a crucial element here from a prominent Senator. A Texas. No, he’s not quite ready. Will that everyone within the medical com- prominent Senator was looking at rec- you talk to us in a few minutes? We’d munity will tell you, is if we don’t do onciliation. That is the process the like to have you as part of our discus- cost reform dealing with tort issues, if Democrats are talking about doing. sion. But you’re going to do another we don’t deal with the massive amount And this prominent Senator, you have hour. of litigation that forces doctors to do got it, it is the President, says, ‘‘Rec- Here’s one. This is: Breaks President more and more procedures just so they onciliation is, therefore, the wrong Obama’s pledge to not raise taxes on are covered just in case someone de- place for policy changes.’’ those who make less than $250,000. I re- cides to sue them, we will never actu- I think the government taking over call in the campaign he said, I’m not ally get a handle on the costs of health one-sixth of the U.S. economy would going to tax anybody who makes less care that keep going up. probably qualify as a policy change. than $250,000. And I thought, Man, am I

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.113 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1094 CONGRESSIONAL RECORD — HOUSE March 3, 2010 glad about that, because I don’t make more and more discouraged, don’t get a a year, it creates a sense of tension and $250,000. I’m going to skate free for 5 job, they fall off those numbers, and we a restlessness, so that business owners years. No taxes. It’s not going to be a still have a 10 percent unemployment are saying, I don’t know what the busi- big deal. rate. ness climate is going to look like in 6 Well, the trouble was the House So I think a lot of the public would months. I don’t dare take a risk be- passed a bill not so long ago that was say, Hey, why don’t you guys pay at- cause I see threats on the horizon to going to get you. If you flipped the tention to unemployment. Well, here’s the financial stability of my company. light switch, you were going to get a way to pay attention to unemploy- Mr. BISHOP of Utah. The gentleman taxed. That doesn’t have anything to ment. We’ve got a bill here that, on the from Missouri also has those last two do with $250,000. This bill is going to face of it, economists have rated it’s points on your chart, which reempha- tax a whole lot of people making less going to cost 5 million jobs. Why in the sizes the very statements that you than $250,000. Yes, it does. And the old world would this proposal cost 5 mil- were just making. Democrat bill, the President’s new bill, lion jobs? Well, you just hit it. But do Mr. AKIN. It forces individuals to yes, it is taxing people under $250,000 it again, gentleman, so people can purchase government-approved health very heavily. In fact, it mandates that make that connection. insurance. Let’s talk about that for a you have to buy a government product, You have got to understand, this is minute. Yeah, the old Democrat plan which is unconstitutional. The Repub- going to increase unemployment in forced you, it forces everybody in lican bill doesn’t do that. America. Is that what the public America to buy something. And the My good friend from Utah. wants, more unemployment? I don’t President’s new version forces you to Mr. BISHOP of Utah. If I could add think so. But please run through that just one element to that concept of buy something. The Republican does again. You’re a small businessman and not force you to. And aside from the $250,000, because I agree with you, if this bill passes, and what does that $250,000 was a salaried employee, that’s fact that Americans don’t like to be mean? told that you have to buy something, pretty good money. The only problem Mr. BISHOP of Utah. That means there’s a small detail: It’s not constitu- is, in all of these equations it applies to there will be an extended cost of doing tional. When can the government tell the business world as well, in which al- business associated with this par- you that you have to go out and buy a most every small businessman is ticular plan. Even though when we say gun or you have to go buy a water- grossing at least $250,000. I know in my anyone making over $250,000 will not be melon or something? That’s not con- district—once again, I said Utah has taxed, it will be taxed. Once again, if stitutional for the government to tell more small businesses on average than that was simply a salaried employee— you you have to buy something. Yet, most States do. And in my district, al- a salaried employee—that sounds pret- that’s what’s going on here. most 98 percent of those, according to ty good. But that covers almost all the the IRS, will have a bottom line that’s businesses we have who are small in Mr. BISHOP of Utah. At times we above $250,000. So it means the taxes this country, and large as well. have talked in the past about this con- that are imposed are also imposed to Once again, it does go to the point we cept of constitutionality in two ways. the business community. It’s one of the tried to make a little bit earlier. The One, that it violates the concepts of reasons why the State of Utah, when Shadegg bill, the Price bill, the other federalism. But the second one deals they looked at a reform for health care Republicans’ bills that should have with specifically the commerce clause. in the State of Utah, tried to come up been allowed to be debated, they don’t I think that’s been brought to our at- with a policy that would give a con- have any of those provisions. So that tention before. That even in court sistent number to small business so negative anti-job aspect that is defi- cases, and maybe somebody will cor- they knew how to plan for what the nitely a part of this bill if it’s pushed rect me here when it’s his turn, in health care cost would be and can come through does not necessarily have to be court cases there are usually two prin- up with a defined contribution level there if you simply allowed the other ciples that are involved on whether the they could give their employees, who ideas to be debated, discussed openly commerce clause is justifiably used. could then go to the exchange and buy here on the floor. One: Does it have an impact on inter- something that fits into what they Mr. AKIN. Right. So we don’t have to state commerce? I think everybody ad- need. But that consistency is ex- create unemployment and deal with mits this would have an impact on tremely important. health care. It’s just that this approach interstate commerce. But the second It’s very difficult for small business is going to create unemployment. Now is: Is there a willing participant in this to provide health care for their em- let’s take a look at how that works. program? This is why this is different, ployees when they don’t know what the There’s a number of ways that unem- because for the first time you are escalating and skyrocketing, almost ployment is going to be driven. The threatening to fine people, throw them roller coaster costs, will be to them. first is you’re going to tax the guy that in jail, for not doing anything. For They cannot plan for that so they basi- owns the business. When you tax some- doing nothing. I don’t know how many cally don’t do it at all. And if indeed body that owns a business, it means negatives I put in those sentences. But we add a tax to them at this stage of he’s got to give money to Washington, for someone just living their life who the game, that means we are making it D.C. That means he can’t take that does not want to participate, they will even harder for the business commu- same money and put it back in his now be fined for doing that. The gov- nity to recover, to provide jobs, to business to add a wing to the business, ernment has never done that. And that grow our economy, and to get people to buy a new machine tool to create a is what I think exacerbates and ex- working again. That’s why when we new process to create more jobs, be- pands the commerce clause beyond rec- say this thing hurts job performance, cause instead of taking the money to ognition and beyond fairness to indi- that’s why it hurts job performance. It build the small business, you’re taking viduals at the same time. can be devastating to job creation. it to give to the government to run Mr. AKIN. Well, I think we have had Mr. AKIN. I really appreciate your health care. So when you take money a chance to take a look tonight at highlighting this question of unem- away from the owner of a small busi- what I started out by saying that we ployment because I really think that a ness, you’re going to kill the job cre- are standing as Americans on the edge whole lot of Americans would think we ation process. of an abyss. I recall standing on the were more effective and that they What else does it do? Well, it creates rim of the Grand Canyon and seeing a would have more respect for Congress a lot of redtape for business owners. thousand feet of open space in front of if we were dealing with the fact that And when you create redtape, that also me. And in a sense, that’s where we we’ve got a 10-plus percent unemploy- makes it so that it’s harder for them to stand today, with America perhaps po- ment rate out there. And in fact that be efficient and competitive. And so litically poised to push forward using a number is probably conservative be- that tends to hurt job creation. You misuse of a process to force this gov- cause of the fact that if you haven’t also, because this bill has been sitting ernment takeover of health care down had a job in a year, you’re no longer around and been hanging, scaring ev- the throats of many, many Americans part of the statistic. So as people get erybody to death for three quarters of who do not want to see this take place.

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.115 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1095 This is a very serious moment in their districts or their States. So here like your plan you will be able to stay American history. I can recall histori- we are. on that plan? And insurers who have cally there’s been other very, very seri- Then we heard, Well, we need to get private insurance plans will be able to ous moments in American history. The this done by July 4th. Then we heard maintain that commitment to people if Pilgrims standing on the frozen shore we need to get it done by the August either the Senate or the House version of Plymouth with the dream of cre- recess. Then, we need to get it done be- were to pass? ating a new kind of civilization; our fore Halloween. Well, then we need to Mr. GOHMERT. The answer is that President-to-be, President George get it done by Thanksgiving. Each yes, you can keep your plan if you like Washington, on his knees at Valley time, the need to pass it immediately it for maybe a year, then you lose it. Forge, praying for his little army. And was given as a reason that there just Maybe 2 if you are lucky. On the other even old skeptic Ben Franklin at the wasn’t time to incorporate any Repub- part, if you like your doctor—and the Constitutional Convention asking for lican ideas. gentleman from Utah has quoted it ex- prayer each day. The trouble is, these were not Repub- actly. I have the text of the President’s In all of these cases, Americans dis- lican ideas. These are ideas that come speech here. He said, ‘‘If you like your covered that in their hour of need they from some of the smartest people in plan you can keep your plan. If you turned to God for his help and his guid- the country; that come from doctors, like your doctor you can keep your ance. I believe as we stand on the abyss that come from economists, people doctor.’’ The thing is nobody, not even tonight, for those Americans who are that have worked through these issues, my dear friends here on the floor with wont to turn to God for answers, that and yet still the effort has been made me, can promise you that if you like this is a time to be doing that. To ask to ask America—not ask, but demand your doctor you get to keep your doc- for his help supernaturally so that we America stick out your tongue and say tor. I will give you one good reason don’t make this fatal step pushing our ‘‘ah’’ while we cram this down your why. Nation into socialized medicine, cre- throat. I have talked to numerous doctors ating a precedent for our citizens to be It needs to be looked at even more that are my age and older who have continually handcuffed to a govern- closely. And there is a technique that’s told me, many of them, that I have not ment health care in a system which no been known in debate world as creating accumulated what I had hoped to by politician that’s freely elected could a straw dog. You create the straw dog this time. But they are very sincere, ever reverse because the public would and say that’s what your opponent be- and they say, But it has gotten so frus- say, You’re going to take my govern- lieves and is trying to do. You get trating dealing with the government ment health care away. I won’t elect righteously indignant, and you beat up over Medicare and Medicaid, and even you. That’s been the experience of the straw dog, showing how you tore dealing with insurance companies, other countries. It completely changes your opponent up because your oppo- they’ve had enough. And I have been the nature of the freedom and the na- nent had this ridiculous idea. The prob- told, I am sure my friends have been, ture of the quality of health care in lem was, in that debate device it’s sim- too, that if this bill passes they are America if we’d fall off this abyss. And ply not accurate because that is not walking away from the practice of it’s time for some prayers. what the opponent was saying. medicine. They are walking away. It God bless you all. Thank you. And In this case, I don’t really see us as will not be worth it. I have heard that good night. having opponents. We are out here try- from so many people. f ing to do what is best for America, and So for somebody to say if we pass yet most of America, through their this bill, and I don’t care who it is, any HEALTH CARE IN AMERICA representatives, have not had a chance Democrat or any Republican that were The SPEAKER pro tempore. Under to be heard. That includes many rep- to say if we pass this bill and you like the Speaker’s announced policy of Jan- resented by Democrats. your doctor you can keep him, it is uary 6, 2009, the gentleman from Texas We are joined by my friend from wrong. You can’t make that promise (Mr. GOHMERT) is recognized for 60 min- Utah. And I would be glad to yield such because many of the doctors you like utes. time as Mr. BISHOP might use. the best have already said we are walk- Mr. GOHMERT. It is a privilege to be ing away. on the floor any time when you know b 2015 Mr. BISHOP of Utah. If I can add a the history of this place and what all is Mr. BISHOP of Utah. I appreciate the follow-up question to that, in the law going on before us. I’m so grateful for gentleman from Texas not only for his that is proposed to be passed, either my friend from Missouri, my friend insights he is going to present on this the House or the Senate version, does from Utah pointing out such important particular bill, but you have a special it allow me to maintain my insurance things about the health care debate talent that I think the gentleman from in the present form if I want to main- that is ongoing. It is critical. We’re Missouri and I did not have a little bit tain that insurance in the present talking about the lives of Americans. earlier in this with a legal background. form? This is not something that should be First of all, I appreciate you bringing Mr. GOHMERT. One of the things I considered lightly or done too quickly. up the fact that there is bipartisanship love about being on the same com- It is incredibly ironic to realize here in their concern for this particular bill. mittee with the gentleman from Utah we are now into March of 2010, and be- Mr. GOHMERT. Sure. is he may not be a lawyer, but he has ginning back over a year ago we were Mr. BISHOP of Utah. I also appre- incredible insight and discernment and told there is no time to waste. We do ciate the fact that sometimes we can shoot right to the crux of an issue. not have time for Republicans to have present arguments and I need to have a So when we do that, as the gentleman any input. We don’t really want to hear specific legal expert explaining them to has asked, and we look at page 91 of from Americans. This is too important, me. the House bill, and I have asked others, we were told, to delay. We have got to We talked a little bit earlier about look at the 11-page summary the Presi- have this done by May. Well, even the fact that apparently in his speech dent proposed and then look at the 19- though the Democrats have plenty of today, the President once again said, If page summary of the summary that votes to more than pass this bill, they you like your plan you can keep your the White House gave to us, both the didn’t get it done by May. They could plan. If you like your doctor you can 11-page summary and the White House have done it without any votes from keep your doctor. That if you are on an 19-page summary of the summary, and Republicans, yet it was the Democrats insurance company right now and you see if you can tell if one single letter of themselves that were not able to pass are happy with that, it will not change. the law under section 202 of the House this bill, and the reason is there were And maybe I can ask you now as an at- bill is changed. Democrats who were also concerned torney, as someone who reads this stuff I have been told by attorneys that about what was in this bill, just as for a living and tries to understand the have looked at it, it does not appear many of them are still very concerned gobbledygook that we always pass, if the President is proposing any change that what’s in the bill is not appro- you can tell me if that is really accu- to page 91 of the House bill. So when priate and not good for the people in rate. Is it indeed the fact that if you you look for the answer, Do you keep

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.116 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1096 CONGRESSIONAL RECORD — HOUSE March 3, 2010 your insurance?, well, you look to the for about a year or 2, and then they Am I getting the drift of this right? language. And the language is this: lost it. Mr. GOHMERT. The gentleman is ex- ‘‘Section 202, Protecting the Choice So when the President says you get actly correct. to Keep Current Coverage. to keep it, that is accurate. He just If you go on further, everybody that ‘‘(a) Grandfathered Health Insurance doesn’t tell you you won’t keep it very is offering insurance in an area has to Coverage Defined. Grandfathered long. offer the same exact basic plan. It is a health insurance coverage means indi- I would be glad to yield to my friend basic plan. And then if an insurance vidual health insurance coverage that from Missouri (Mr. AKIN). company provides that one basic plan, is offered and in force and effect before Mr. AKIN. I just appreciate your dis- they may offer one enhanced plan. But the first day of Y1 if the following con- cipline, and having worked through again, the commissioner specifies ex- ditions are met.’’ And Y1 is just the specifically and exactly what the bill actly what that plan is. And if you day that the new bill starts. says. Because it is easy to say that this offer an enhanced plan, you may also ‘‘Number one, Limitation on New En- bill isn’t going to cost a dime because have one premium plan for such area. rollment.’’ In order to keep your insur- somebody can say it isn’t going to cost But the bottom line is there will be ance if you like it, number one, and I a dime. Well, that is because it is going many areas in the country, once every- quote, ‘‘The individual health insur- to cost a trillion dollars instead. And body loses their own health insurance ance issuer offering such coverage does you are clarifying the importance of within a couple of years, everybody not enroll any individual in such cov- words here. goes under this plan, the commissioner erage if the first effective date of cov- But let me ask you this question: Is tells everybody what has to be in their it true that the policy defines what in- erage is on or after the first day of Y1.’’ plan. Everybody. And you have no surance has to cover? And therefore, So if you add a single additional in- choice, you have to go with what they does the Federal Government tell you sured to the policy that you have—you said. And so the other thing is that that you have to have this, this, and are on a company policy, or if you are once an insurance company provides this in your policy, and therefore force like a couple of guys that told me re- that, they have no flexibility. the policy to be changed even if you cently that their unions negotiated a Now there is debate about whether or fantastic health care plan, they love it, didn’t want to change it? Mr. GOHMERT. The gentleman asks not there would be a public option or a they are not worried about the rest of a good question. I appreciate the ques- publicly financed insurance company the country because they get to keep tion, because once again, that affords to compete. We know how that works. their plan. Unfortunately, as I asked, great insight. If you look over at page We saw it with flood insurance. When Does anybody ever get added to your 167 of the bill that was passed in the the Federal Government comes in and health care policy? House, and as best I can tell, even provides that alternative, that com- And they said, Well, yeah, people re- though all we have is the 11-page sum- petition, you run the private insurance tire all the time and they get in there mary and then the 19-page summary of companies out of business because the and we all have the same great policy. the summary—— Federal Government operates in the I had to explain, Bad news. As soon Mr. AKIN. The summary of the sum- red, run the private businesses out, and as they add one more person on your mary is longer than the summary of then the Federal Government does as health care policy, you lose your pol- the bill. our Federal flood insurance program icy. And then that throws you over Mr. GOHMERT. The gentleman is has, continue to run deeper and deeper under the Federal insurance exchange correct. into red ink. program that the government controls. Mr. AKIN. So if we had the summary Mr. AKIN. So you have got one There will be private insurance com- of the summary of the summary, would choice. It is a little bit like Henry panies that will be allowed initially, that be 3,000 pages? Ford’s automobile. You can get any until they go broke, they will be al- Mr. GOHMERT. Absolutely. We color you want as long as it’s black. In lowed to offer policies, but they are would have even more information. this case, you can get any health insur- mandated exactly what they have to And that would be more helpful. But ance you want as long as it’s the gov- provide in those policies. the best we can tell, since the Presi- ernment policy. But here is the real kicker, the sec- dent did not propose a specific bill, Mr. GOHMERT. The gentleman is ond limitation on changes in terms or once again very elusive in what is correct. conditions. The second condition about being proposed, page 167 does not ap- And one of the great ironies in this is keeping your policy is this, and I pear to have been changed. And that we have so many friends across the quote, ‘‘The issuer does not change any says the commissioner shall specify— aisle that I know are very sincere when of its terms or conditions, including that is the Federal commissioner under they believe with all their hearts they benefits and cost sharing.’’ Now, that is this bill—the benefits to be made avail- want to help what they call the little why I replied to the gentleman earlier, able under the Exchange-participating guy in America. I am sure they haven’t the answer is you might get to keep health benefits plans. read this bill as thoroughly as I have. your insurance policy for a year, 2 Now, that means every plan that has But if they will trouble themselves to years if you’re lucky. But there is no had a term or condition change or has do so, they will see that under the bill way that you could have an insurance added an additional insured, those have that passed the House that we just had policy go for more than a couple of been lost, and then within a couple of to rush through, if you make just years without having to make some years everybody is under this. So the above the poverty line as determined in changes in their terms and conditions. commissioner shall, one of about 3,000 the bill so you don’t get free health in- For one thing, we know that health or so ‘‘shalls’’ in the bill, specify bene- surance, but you don’t make enough to care, with medicine, knowledge, and fits to be made available. And then it buy the policy that the Federal Gov- practice changes all the time. We find goes on and says the entity offers only ernment mandates, you pay an extra out that some types of procedures are one basic plan for such service. So the percentage, I believe it is 2 percent on more dangerous than we knew. And so commissioner is going to require that your income tax. We are talking about a policy said we will no longer cover everybody provide exactly the same low middle class, some of those folks that because the benefits do not out- plan. working two and three jobs just to weigh the risks that are involved. An- Mr. AKIN. So this is a one-size-fits- keep food on the table. other thing is you have new tech- all. And what is the majority going to do nology, sometimes less expensive ways Mr. GOHMERT. One-size-fits-all for to them? Why, if you can’t afford as to treat something. Well, obviously the area. good a plan as we order you to get, you want those included in your cov- Mr. AKIN. Then using your logic, the we’re going to increase your income erage. They would be added. That one-size-fits-all then has to change ex- tax. changes a term or condition. So within isting policies. And when you change 1 year or 2 years everybody in the those policies, then you don’t have the b 2030 country that liked their policy, just as same policy that you were promised You can’t afford insurance, and yet the President promised, get to keep it you could keep. you’re going to increase the income

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.117 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1097 tax? I just know that there are people tions to medical malpractice disputes, that health care exchange plans are that care deeply about the poor, those including health costs.’’ what is being proposed in this sup- who are the working poor, doing what Well, when this information came posedly cut-down bill. The health care they can to struggle to get by. And yet out today during the President’s exchange plan is the skeletal structure they’re going to hammer those very speech, I was in a meeting with about that allows the government to take people. It’s just ludicrous. 50 other Republican Members of Con- over health care. So to say it’s scaled Mr. AKIN. So what you are really gress, and I couldn’t believe that state- back, you know, the snake is still in talking about is a mandate, isn’t it? ment. He said this was a Republican there. It’s just going to have to go a This is a mandate that says that idea, and he said, You know, we’re em- little further to bite you. So this is not you’ve got to buy the government bracing this Republican idea. a good proposal. It’s not a fair pro- product. I want to know which one of my mo- posal. Mr. GOHMERT. That’s exactly right. ronic Republican friends proposed such And one other thing in the Presi- And I know the President before us a ridiculous program as that. Nobody dent’s speech that I thought was very mentioned—well, you know, States re- knew of any Republican who proposed unfair, he says, On the other end of the quire you to buy car insurance. The that. I know the President wouldn’t spectrum, there are those—and this in- fact is, you buy insurance for the privi- lie, but I’m sure there is a Republican cludes most Republicans in Congress. lege, as the law has determined, to somewhere in the country—maybe Now I prefer to speak for myself and drive on the road. You don’t have to somebody that deems themselves half not have somebody who profoundly dis- drive just to live in America. If this socialist, half Republican that pro- agrees with me tell me what I believe. bill passes, you will have to buy insur- posed this. I can’t find anybody who But according to this, the President’s ance just to live in America, or you knows of a Member in Congress who speech, this includes most Republicans will be fined; you will be hammered has proposed this bill because we don’t in Congress who believe the answer is with the extra amount of money you need to give the Secretary of Health to loosen regulations on the insurance will have to pay. and Human Services $50 million, $50 industry. And let me finish one other thing billion or one red dime to come up with The gentleman from Missouri and I about that insurance. There is no State a way to help States find alternative have been on this floor many times, in the United States of America that resolutions for medical malpractice and in the last 5 years—particularly requires anyone to insure their car for disputes. That’s already in the House that I’ve been here, I know the gentle- damages to their own car or damages bill, and what this provides is a fund man’s been here longer than I have— physically to themselves. The only re- for the Secretary of Health and Human but repeatedly I know we have all said, quirement in any State is for insurance Services to bribe States—that’s my I don’t want the government between to cover against the damage you may word. Any State that has a cap on at- me and my doctor, and I want the in- do to someone else. So once again, this torneys’ fees or a cap on noneconomic surance company restricted so they’re will be breaking brand-new ground, damages, the Secretary is authorized not between me and my doctor. I don’t never done in history, not envisioned to pay whatever sums are necessary, in want the insurance company to just by the Constitution, not anywhere in her opinion, basically to reward a run amok and run wild. I want us to the enumerated powers. You have to State that gets rid of any caps like get back to a doctor-patient relation- buy insurance on yourself just to live. that. That’s what it boils down to. ship. So I yield to my friend. Mr. AKIN. That’s the punitive dam- So when somebody speaks for us and Mr. AKIN. Well, actually, you got to ages, right? in the next paragraph, the President Mr. GOHMERT. No. Actually, pain the point that I was going to ask. I says, I don’t believe—as opposed to the and suffering is noneconomic damages. know that you are not only an attor- crazy Republicans he mentioned in So attorneys’ fees and things like pain ney, but you have also served as a and suffering, which is hard to put a paragraph four—I don’t believe we judge, as well as a Congressman that figure on. should give government bureaucrats or we’ve come to respect. And so what I Mr. AKIN. So we have got not tort insurance company bureaucrats more was going to ask is, is it constitutional reform but reverse tort reform, where control over health care in America, for the Federal Government to tell the States that have enacted tort re- we’ve been saying that same thing for somebody that they have to buy insur- form and have reduced the cost of years. We agree on that. We don’t want ance this way? And what I’m thinking health care accordingly are now going the government, we don’t want insur- I’m hearing you say is that this would to be told that they’re going to have to ance companies to have more control be something, if the Supreme Court reverse that legislation so there is a over our health than we do. It’s time to would look at it—and I know you don’t tort reform. Isn’t this the reverse? put the patients back in charge. know exactly how they think or what Mr. GOHMERT. Well, the gentleman Mr. AKIN. Didn’t you start by saying they’re going to rule, but if you use the is accurate. It is the reverse, but the that there is this sort of fallacious line basis of the Constitution, this would be States are not going to be told, You of reasoning where you create a straw marginally and maybe not constitu- have to get rid of your caps. We have horse; is that correct? tional. Is that what I’m hearing you already seen in Texas and California Mr. GOHMERT. Yeah, I called it a saying? medical malpractice insurance rates straw dog. A straw horse, I have heard Mr. GOHMERT. If the Supreme Court come plummeting down. that used as well. takes a fair and literal look at the Con- Mr. AKIN. Missouri has enacted the Mr. AKIN. A straw dog or a straw stitution, they will know this was not same thing. We’ve had the same experi- horse. And you say that your oppo- an enumerated power reserved to the ence. It’s dropped the cost of health nents think this, and then you beat it Federal Government. Therefore, under care. up. Yet you and I have been here. I the 10th Amendment, it’s reserved to Mr. GOHMERT. I’m sure the gen- have been a Republican now—this is the States and the people. tleman then would agree there is no my 10th year. I have never heard Re- I would like to point out one other need for further study or to try to look publicans say, We want to reduce or thing. In this article that was already for ways to have alternative resolu- relax what health insurance companies out, that came out so quickly after the tions to medical malpractice disputes. are doing. We’ve been railing on the President’s speech today—it’s from We’ve seen what works, and yet it’s not fact that we don’t want them to get CNN. It can be found on the CNN Web going to force States to get rid of their somebody who is not a medical person site. But they point out that the Presi- caps on pain and suffering or attor- between a doctor and a patient. We’ve dent is proposing four different things. neys’ fees. It merely will allow the Sec- been trying to defend that point, and First of all, combating waste, fraud retary of Health and Human Services certainly we wouldn’t do what this bill and abuse, and I will come back to to generously reward any State that does, which allows an insurance com- that. But this article says: ‘‘Obama is will get rid of their caps on damages pany to get between a doctor and a pa- also considering a Republican-sup- and attorneys’ fees. tient, make a medical decision in prac- ported idea to appropriate $50 million Let me also mention this, that is tice and then not be held accountable to help States find alternative resolu- only one of the proposals. Another is for that decision.

VerDate Nov 24 2008 03:41 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.119 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1098 CONGRESSIONAL RECORD — HOUSE March 3, 2010 I don’t know where the President like the insurance company, you can the wonderful bipartisan gentleman he comes up with this idea or who it is change to a different insurance com- is, but the trouble is you have to look who writes the speeches for him, but it pany. You might have to change your at what has been produced since that just isn’t really true. job to do it. But you can change your woodshedding at the White House. I Mr. GOHMERT. Well, I would direct insurance company. It’s not so easy to really do believe he wants to be fair, your attention to the Declaration of change the U.S. Federal Government. and I really believe he thinks he is fair. Health Care Independence. I know my Mr. GOHMERT. Well, we sure know But when it comes to health care bills, friend Mr. AKIN was there when we un- about that, don’t we. there have been 50 bills that have been veiled that declaration here in the Cap- Number two on the list of pledges is, formally scored that are Democrat-re- itol when I think we’ve got 100 or more Reject any addition to the crushing na- quested scores for their bills, and there Members of Congress that have signed tional debt heaped upon all Americans. have been six Republican bills formally on to that. There are thousands and And I know there’s been—in the sum- scored. We have been able to get about thousands of people across the country mit there are all these wonderful, glow- one-tenth of the bills scored that the that have gone online and looked for a ing things that were said about the Democrats have. I have been trying Declaration of Health Care Independ- Congressional Budget Office, CBO. Ev- since August. I made the request in ence and found Web sites where they erybody talks about the CBO scoring. writing of CBO back in August. could sign on so that people could keep Well, the CBO scoring says this. CBO Then eventually I am told, well, you building the pressure. scoring is sacrosanct, and I know peo- don’t have the highest ranking Repub- So the truth is, I’m very gratified by ple have paid great tribute to it. But I lican on the committee of jurisdiction some of the comments the President still remember last year when the requesting it. So I talked to JOE BAR- made here because, once again, he is President was not happy with CBO and TON, our highest ranking member of embracing many of the things that we called the Director over to the White the Energy and Commerce Committee have had in this Declaration of Health House. There was a little woodshedding where Chairman WAXMAN rammed this Care Independence for some time. And that apparently went on. We were not thing through the committee. He sent the wonderful thing about these 10 allowed to see that on C–SPAN. That a letter requesting that CBO score my points that we asked people to pledge would have been a real interesting con- bill. We waited awhile. Okay, do you who signed this is that the President versation. have it in the works? Is it coming? has already said that he supports these Mr. AKIN. I bet you a lot of people Then we were told you don’t have a re- things. I would just like to run through would have wanted to tune in on that. quest from the highest ranking Repub- these 10 again. Mr. GOHMERT. I sure would have lican on the Joint Tax Committee. So Number one, protect the vital doctor- tuned in to watch that. But of course if I asked DAVE CAMP, a wonderful col- patient relationship. As the President it had been on C–SPAN, the content of league. DAVE said absolutely. He shoots should know, we have signed a pledge the conversation may have been a a letter over to CBO and says score to that effect. That’s what we want. So whole lot different. But we do know GOHMERT’s bill. That was back in Sep- we’re gratified to see him include it in what has occurred in this Congress tember. And since then, on a spur of his speech today, but we’ve been there. since last year. Now, it bugs me to no the moment, it could be a Democratic We were hoping we could get him to end to continue to hear, as I did—and I Senator or the Speaker or Chairman sign it before now to join with us to heard a friend from across the aisle say WAXMAN or somebody down here, man, show that we are of one accord. I yield in just a ridiculous misrepresentation they request one, they won’t even have to my friend. that the Republicans—again, they a full bill, and until just last week Mr. AKIN. But the problem is, it’s don’t have any plans. They don’t want when they were given an 11-page sum- one thing with lip service to say that any changes. That is absolutely ridicu- mary and 19-page summary of the sum- you like the doctor-patient relation- lous. mary, thank God CBO finally did the ship. It’s another thing to try to sub- In our Republican Study Com- appropriate thing and said that we stitute a bureaucrat in between that mittee—the more conservative of the can’t score a summary and a summary relationship. And that’s what we’ve Republican Members of Congress is of a summary. We don’t have enough to been objecting to all the way along. generally the way it’s touted. There work with to give you a score. Thank Mr. GOHMERT. Well, and I heard the are Republicans that aren’t conserv- goodness they finally said that, be- brilliant gentleman Frank Luntz at a ative that aren’t part of the RSC. But cause they have sure scored some stuff focus group that analyzed the summit. we have just a summary of 70 bills to that wasn’t appropriate to be scored. Fifteen of the people in there had voted help reform health care, not to give Mr. AKIN. And yet they have still for President Obama, 15 of them had more control to the insurance compa- not scored your bill that has been sit- voted for JOHN MCCAIN, and it was in- nies, not to give more control to gov- ting there since last summer. teresting to hear some of the observa- ernment, but to help reform health Mr. GOHMERT. And they have still tions. I loved what one gentleman said. care so that it’s patient controlled, and not scored my bill. I would go ahead He didn’t sound like a lawyer. He just it’s affordable, accessible, all of these and point out that it is not just in sounded like a good commonsense per- things. health care that CBO has scored 50 son. He said, I just know that I have Democratic bills and six Republican never been in a government office in b 2045 bills, which does not include mine, de- line to get some service and seen a gov- These are real bills. They have num- spite the efforts and the requests from ernment employee come running out bers on them. Let me just share with the highest ranking Republicans. From and say, Let me open another window. you, I had addressed I guess probably the legislation that has formally been This line is too long. But he said, You around November the fact that I had scored by CBO in the 111th Congress, know, we’ve seen that in private busi- been trying to get my health care bill there have been a total of 530 bills nesses because if you make somebody scored since August. I realize who is in scored; 442 of those were Democratic wait in the line too long, they’ll go to the majority and with that comes lots bills and 88 were Republican bills. the next business and not stay in your of privilege. We sure know about that. So I appreciate very much the Direc- business. And his point was, he did not It is hard to get a meeting room, the tor of CBO, Mr. Elmendorf. He sounds want those people who would not come kind we used to have, and the kind we very sincere that he is doing every- around and open an extra window to be used to provide to the other side, just thing that he can to be fair and objec- the ones that are in charge of his to have a meeting. But we do with tive. But you as the CBO Director, health care. I thought it was a beau- what they allow us to have. But we can knowing that you really probably tiful point. meet outside. That doesn’t stop us would rather not be woodshedded again Mr. AKIN. It paints a vivid picture. from doing what we need to do. at the White House and knowing that if And as much as you and I have always But when it comes to CBO, I appre- you do not allow any of these wonder- railed against insurance companies ciated getting a call from the Director ful Republican ideas to be scored, you making health care decisions, that’s of CBO and I appreciated all of the can profoundly change the discussion not quite so bad, because if you don’t glowing things that were said about on health care in America. You can

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.120 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1099 prevent some of the best ideas in Amer- That trillion dollar price tag that CBO in light of the fact that he is an avid ica on health care that didn’t just hooked on this bill is not all the cost hockey player and has shown no out- come from the people whose names are because some of it is hidden. And guess ward signs of illness as of late. On Fri- on the bill. The ideas on my health who is going to pick up some of the day, Mr. Williams met with Prime Min- care bill, they came from brilliant peo- pieces of that, it is going to be the var- ister Stephen Harper and while speak- ple from around the country who have ious States, and the various States like ing to reporters seemed healthy and in dealt with the issue. I appreciate Newt Tennessee that have tried this govern- good spirits. A decision to leave Can- Gingrich sending friends of his over, ment-run scheme of health care. They ada for the surgery, especially if it is some of the brightest minds on health know it is a disaster. It wrecked health available here, raises questions about care helping come up with some of the care in Tennessee and Massachusetts. the Premier’s confidence in Newfound- best proposals. I appreciated Newt’s It ran the cost of health care in Ten- land’s health care system.’’ help and those he sent over. And now nessee and Massachusetts way up. So So you have a Premier from Canada, you get a score and see what you’ve that Democrat Governor, who also his health care is important to him. He got. I appreciated his direction. I can’t could be taken to the woodshed, says wants to keep being the Premier, and get a score because the so-called fair no, this is a bad idea. This is going to so he comes to the United States, or al- and objective CBO wants to score 50 be very expensive, and States have bal- ready has. As I understand it, he al- Democratic bills, six Republican bills, anced budgets, how are we going to pay ready has had the surgery here in the and one of those will not be mine. It for this thing. United States. We have the best health could make a difference. So there is somebody that is scoring care that has ever been anywhere in Now I realize, and I have waited a the bill and it is not CBO; it is a Demo- the world in time or in geography. It’s long time to get loud and vocal about crat. And he is saying no, it is too ex- here. the ignoring that Republicans have had pensive. Mr. AKIN. You are making a point from CBO because I know by making Mr. GOHMERT. I appreciate that ob- here, my friend. I don’t know if you such a big deal about their lack of ob- servation from my friend from Mis- knew that you left off to preaching and jectiveness in the number of Repub- souri. I would like to finish the dec- went on to meddling, because when you lican bills scored by CBO that I am in- larations, the pledges that he and I talk about cancer, I am a cancer sur- viting CBO to come in, and there are so have both made. vivor myself. many variables in any bill, Democrat Number 3 is improve, rather than di- If you take a look at cancer survival or Republican, where they can take a minish, the quality of care that Ameri- rates in England, you find they tend to presumption and that presumption can cans enjoy. be about 20 percent worse than they are just run the cost right through the roof Now, we have heard so many horror in America. Why is that? Well, you or run it right down through the floor, stories, terrible situations where some- have explained it very accurately, and and that is all dependent upon the pre- one did not get proper health care. And that is cancer is particularly sensitive. sumptions that they make. So I realize nobody wants to see that happen. But When you diagnose it, you want to get by coming forward there is a good despite the problems, most of us here to it quickly before it spreads or gets chance that if one day a rather angry contend that we have the best health too bad. The idea of putting someone and upset CBO finally gets around to care available of anywhere in the on a long waiting list is deadly when scoring my bill, they are probably world. It is right here in America. We you are dealing with cancer. going to fix my wagon. I understand saw a good example of that after years So if you have cancer, you have a that. I understand that the presump- and years of hearing some friends say much, much higher percent of dying tions might not be what they should be we need to have a health care system from that if you are in Canada or par- in order to give the bill a proper scor- like Canada. We need to have a health ticularly in England, and it is because ing to my way of thinking, but I just care system like England. Well, you of the waiting list. Governments have a felt like we had to say something to start hearing stories like the secretary little bit of sensitivity to them. In- point out that the emperor doesn’t in Tyler. She told me she immigrated stead of telling you that they are going have the beautiful set of clothes that from England. She said her mother had to deny your health care, they say no, everyone is going around saying he cancer in England. And what happens you have to get in line. You can get a has. There is a lack of objectivity cer- in that scenario, you are put on a list. free Cesarian section; you just have to tainly in the bills that are being You are put on a list to get a mammo- wait 12 months. But I needed it in 9. scored. gram, to have surgery, a biopsy, to get Well, that is a problem, isn’t it. Mr. AKIN. That makes it awfully radiation or chemo. Whatever you are So what you are talking about is a awkward, because let’s say that some going to get, you are put on a list. She sensitive subject to me because I had of these bills were scored. You know said my mother died from cancer not cancer in this country. When they dis- this well, some of these bills would because it was not curable, but because covered it, I thought it was time to save a lot of money. And somebody is she lived in England. take care of it right away and so did going to ask: We have a President who She said I was found to have cancer. the doctor and so did the hospital. I wants to spend a trillion dollars at the I didn’t have to wait on some list to had it on spring break. I had an oper- cost of $5 million in jobs to pass a gov- get it taken care of. She said I know ation to try to get rid of the cancer ernment takeover of health care, and I’m alive because I moved to America back 9 years ago, my very first spring the Republicans have a plan that is ac- and didn’t stay in England, which break down here. tually going to cut the cost of health brings me to an article in February. care, doesn’t have tax increases in it, This was from the National Post, b 2100 why not take the less expensive plan? ‘‘Newfoundland Premier Danny Wil- But in America, when you get cancer, Somebody is going to ask that ques- liams will undergo heart surgery later something the doctor says is, it’s time tion. But it is a lot easier if the Repub- this week in the United States. Mr. to move, let’s go. That’s why we have lican bills have not had a chance to be Williams, 59, has said nothing of his such better survival rates, and that’s scored. health in the media. The Premier’s why the guy from Canada wants to Interestingly, there is a guy who is press secretary confirmed the report come here to get health care. scoring the President’s bill who is not Monday evening. Deputy Premier Mr. GOHMERT. Well, and it is so im- CBO, and he is a Democrat. I don’t Kathy Dunderdale confirmed the treat- portant that people understand that. know if you have heard of him, but he ment at a news conference Tuesday, To say that no one will be denied care is the Democratic Governor of Ten- but would not reveal the location of or coverage is accurate to a point, but nessee. Why would he say anything bad the operation or how it will be paid for. the fact is they’re told in Canada and about the Democrats’ health care bill, Ms. Dunderdale will become acting England, gee, we’re not going to deny the President’s health care bill? The Premier while Williams is away. He is you treatment or care, we just have to reason is because, guess what, Ten- expected to be away from 4 to 6 weeks. put you on this list. nessee is going to have to pay for this For many, the Premier’s need for heart The gentleman brings up an impor- government takeover of health care. surgery comes as a surprise, especially tant point about how much greater the

VerDate Nov 24 2008 02:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.121 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1100 CONGRESSIONAL RECORD — HOUSE March 3, 2010 survivability rates are in the United ized, for the first time since November Mr. GOHMERT. That is absolutely States from diseases like cancer, but of 2008, that we’re not campaigning correct. some want to try to compare apples anymore. That meant a lot to me that And we just have a few minutes left, and onions and say they both taste and the President finally realized it was let me finish the 10 here. smell alike when they’re not at all the time for him to quit campaigning and Number six, ‘‘Protect taxpayers from same. The fact is, when you hear some actually work on the bills rather than funding of abortion or abortion cov- people say, well, in this country—Eng- the campaign. But then, after that I erage.’’ And one might wonder, well, is land, Canada, you know, these other read this weekend that the White the President really on board with countries—they apparently have much House is already preparing the next that? He has said it more than once. He better health care, even though they campaign for 2012, so apparently maybe said it standing right there at that po- have government-run health care, be- it only lasted a day or two they weren’t dium right behind the gentleman from cause people have a longer average life campaigning. Missouri that no abortions would be span. Well, that’s not exactly fair to But number five, ‘‘Treat private citi- funded by Federal tax dollars. Well, put that on the health care in the zens at least as well as political offi- this is just getting him to agree, if he country because it’s sad, but true, cials.’’ Well, Americans weren’t fooled, would, to what he said was the real when you make those comparisons, we went in—and this is just one volume; case. have a much higher murder rate in there are four volumes of this, the Number seven, ‘‘Reject all new man- America than they do in England or House bill, and I don’t have time to dates on patients, employers, individ- Canada. Those numbers go into the sta- pull out the other—but in there, to ad- uals or States.’’ Now, the President, in tistics. dress America’s concern that Congress his speech today, said we want to loos- Another involves what was explained was being treated more specially than en all the controls on insurance. No, we by a health care expert that most rank-and-file citizens, they added a want to loosen the controls on pa- countries do not include preemies, pre- line in there that said, Under the Fed- tients; that’s what we want to loosen. mature babies, the death of premature eral Insurance Exchange program, that Patients need more control, not the in- babies in their numbers. Well, we sure Members of Congress may be covered surance companies and not the govern- do here because every little baby born under that if they want to be. Most ment. counts, premature or otherwise, unless people, no matter how low you read And then eight, ‘‘Prohibit expansion it’s one of those horrible tragedies what was in the bill, they pick up on of taxpayer-funded health care to those where somebody aborts a baby and re- that pesky little word ‘‘may.’’ unlawfully present in the United alizes they’re alive and goes ahead and Mr. AKIN. You know, it’s sort of a States.’’ One of the things in my bill, if takes action to make sure they’re ‘‘shall’’ bill. you’re going to get a visa to come into killed or allowed to die on their own Mr. GOHMERT. Over 3,000 ‘‘shalls,’’ this country, then you will do—and without proper care. but that was a big little ‘‘may’’ there. some countries already require it— But number four on the pledges of Mr. AKIN. One little ‘‘may’’ sitting then you have to show that you will the Declaration of Health Care Inde- in there. And the American public have health care insurance coverage pendence is, ‘‘Be negotiated publicly, picks up on that and says, well, maybe while you’re in this country or you transparently, with genuine account- you’re not that sure that this bill is don’t get a visa. And if your health ability and oversight and be free from such a good thing. It doesn’t seem like care insurance expires while you’re political favoritism.’’ Well, we saw an it’s good for you guys. here, the visa does too—you’ve gotta effort last Thursday at the summit to I think you have really been pretty go. look like there was going to be a pub- humble here in talking about that Dec- It also provides that since we’ve been licly, transparently negotiated health laration of Health Care Independence told there are probably 1.5 billion peo- care bill, but the President announced because you’re one of the people that ple in the world that would love to beforehand, here’s the bill we’re going wrote it, and you’re laying out those emigrate to the United States—and with and the summary of what we’re basic principles. that would destroy this country be- going to do to that, and the summary I had a chance to speak this last cause we can’t handle that many immi- of the summary. It had all been nego- weekend to a pretty good size crowd grants, even temporarily. We can’t let tiated behind closed doors. You had a back in St. Louis, and one of the things people bankrupt this country, and union representative, an AARP rep- that I wanted to talk about or mention therefore, another provision in my bill resentative who said, oh, we’ve already was the fact that if Republicans have says, if you’re illegally in this country worked this out in secret behind closed made the mistakes, it seemed to me we and you present for health care—we be- doors where nobody saw what was ne- have made just one mistake, but we lieve in following the law, the courts gotiated. Now we’re going to bring the make it over and over, and that is have said it, we believe we’ve followed Republicans in and put a little window when we don’t stick to basic principles the law—we will provide you health dressing on it. that we believe in. care coverage even if you’re illegally Well, I don’t know how many people What you took time to do, gen- here that one time. And when you’re or Members of Congress who are cer- tleman—and I want to just let people well enough to travel, you’re going to tified as mediators or have been know that the guy from Texas that be deported. And if you’re ever found through the certification process. It’s worked on writing this declaration of back in this country again after you pretty extensive to become an arbi- health care rights, what you’re doing is were here illegally and got free health trator, an international arbitrator, but you’re laying out these basic prin- care, it’s a prison sentence. We can’t I’ve been through those processes. And ciples. You talk about transparency; let people bankrupt this country or I can tell you that what happened last that’s something that is supposed to there is no hope for those other 1.5 bil- Thursday was not a negotiation or a have been promised to us. You talk lion that want to at least come here at mediation. It was structured to look about if it’s good enough for everybody some point. like perhaps it was, with the President else, it ought to be good enough for And then number nine, ‘‘Guarantee being the objective and all-caring me- those of us in Congress. That’s kind of equal protection under the law and the diator in the middle, but the trouble is a basic principle you’re talking about Constitution.’’ the mediator kept cutting off one side that you should not get in the way of Ten, ‘‘Empower, rather than limit, when they said something that he the doctor-patient relationship. You’re an open and accessible marketplace of didn’t want to go there. laying out those basic principles in this health care choice and opportunity.’’ I’ll tell you the most gratifying com- health care Declaration of Independ- I know the Speaker knows that we ment to me that just touched me deep- ence, and I think you have—and I was begin our practice every day with pray- ly—and I was so proud of the President in the meetings where we were writing er, and that it goes back to 1787—I be- because it meant a lot to me to hear it too. The point is, other people can lieve it was June 28 at the Constitu- him realize this—when JOHN MCCAIN write it, other people can sign their tional Convention. They had gone on was speaking and the President pointed name on the bottom, too; isn’t that for about 5 weeks and accomplished out that the President had finally real- correct? nothing. And some people say Ben

VerDate Nov 24 2008 02:56 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.123 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 3, 2010 CONGRESSIONAL RECORD — HOUSE H1101 Franklin was a deist. He said these SPECIAL ORDERS GRANTED United States, for his approval, the fol- words: ‘‘I have lived, sir, a long time. By unanimous consent, permission to lowing bills. And the longer I live, the more con- address the House, following the legis- H.R. 4961. To provide a temporary exten- vincing proofs I see of this truth: God lative program and any special orders sion of certain programs, and for other pur- governs in the affairs of men. And if a heretofore entered, was granted to: poses. sparrow cannot fall to the ground with- H.R. 1299. To make technical corrections to (The following Members (at the re- the laws affecting certain administrative au- out His notice, is it probable that an quest of Ms. WOOLSEY) to revise and ex- empire can rise without His aid?’’ thorities of the United States Capitol Police, tend their remarks and include extra- and for other purposes. He went on, and Franklin said, ‘‘We neous material:) f have been assured, sir, in the sacred Ms. BERKLEY, for 5 minutes, today. writing that except the Lord build the Mr. DEFAZIO, for 5 minutes, today. ADJOURNMENT house, they labor in vain that build Ms. KAPTUR, for 5 minutes, today. it.’’ He said, ‘‘I firmly believe this. And (The following Members (at the re- Mr. GOHMERT. Mr. Speaker, I move I also believe that without His concur- quest of Mr. JONES) to revise and ex- that the House do now adjourn. ring aid we shall succeed in this polit- tend their remarks and include extra- The motion was agreed to; accord- ical building no better than the build- neous material:) ingly (at 9 o’clock and 10 minutes ers of Babel.’’ And he went on to speak Mr. POE of Texas, for 5 minutes, p.m.), the House adjourned until to- longer and then said, ‘‘I, therefore, March 10. morrow, Thursday, March 4, 2010, at 10 move henceforth we begin every day Mr. JONES, for 5 minutes, March 10. a.m. with prayer in this room.’’ And from Mr. MORAN of Kansas, for 5 minutes, f that day, June 28, 1787, to this day March 10. today that we are about to wrap up, we Mr. THOMPSON of Pennsylvania, for 5 BUDGETARY EFFECTS OF PAYGO begin with prayer. minutes, today. LEGISLATION So America works when people let f Pursuant to Public law 111–139, Mr. their elected representatives hear from SPRATT hereby submits, prior to the them and let them know their mind. It BILLS PRESENTED TO THE vote on passage, the attached estimate works when we do what Ben Franklin PRESIDENT of the costs of H.R. 2544, the National suggested. That doesn’t sound like a Lorraine C. Miller, Clerk of the Association of Registered Agents and deist. House reports that on March 2, 2010 she Brokers Reform Act of 2010, for print- With that, Mr. Speaker, I yield back. presented to the President of the ing in the CONGRESSIONAL RECORD. ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2554, 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 ¥4 ¥3 0 0 0 0 0 0 0 0 ¥7 ¥7

EXECUTIVE COMMUNICATIONS, ergy Policy Act of 2005; to the Committee on 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ETC. Energy and Commerce. the Committee on Foreign Affairs. 6357. A letter from the Office Manager, De- 6362. A letter from the Assistant Secretary, Under clause 2 of rule XXIV, execu- partment of Health and Human Services, Legislative Affairs, Department of State, tive communications were taken from transmitting the Department’s final rule — transmitting consistent with the resolution the Speaker’s table and referred as fol- Health Information Technology: Initial Set of advice and consent to ratification of the lows: of Standards, Implementation Specifica- Convention on the Prohibition of the Devel- 6352. A letter from the Under Secretary, tions, and Certification Criteria for Elec- opment, Production, Stockpiling, and Use of Department of Defense, transmitting a re- tronic Health Record Technology (RIN: 0991- Chemical Weapons and on Their Destruction, port of a violation of the Antideficiency Act AB58) received January 15, 2010, pursuant to adopted by the Senate of the United States by the Defense Advanced Research Projects 5 U.S.C. 801(a)(1)(A); to the Committee on on April 24, 1997, and Executive Order 13346 of Agency, Case Number 07-01, pursuant to 31 Energy and Commerce. July 8, 2004, certification pursuant to Condi- U.S.C. 1517(b); to the Committee on Appro- 6358. A letter from the Acting Deputy Di- tion 7(C)(i), Effectiveness of the Australia priations. rector, Defense Security Cooperation Agen- Group; to the Committee on Foreign Affairs. 6353. A letter from the Under Secretary, cy, transmitting Transmittal No. 09-28, pur- 6363. A letter from the Assistant Secretary, Department of Defense, transmitting re- suant to the reporting requirements of Sec- Legislative Affairs, Department of State, quests for remediation on U.S. foreign train- tion 36(b)(1) of the Arms Export Control Act, transmitting Pursuant to section 702 of the ing sites regarding used depleted uranium as amended; to the Committee on Foreign Foreign Relations Authorization Act for FY weapons; to the Committee on Armed Serv- Affairs. 2003 (Pub. L. 107-228), a report on the 2009 ices. 6359. A letter from the Director, Defense U.S.-Vietnam Human Rights Dialogue Meet- 6354. A letter from the Assistant Secretary, Security Cooperation Agency, transmitting ings; to the Committee on Foreign Affairs. Navy, Department of Defense, transmitting Transmittal No. 09-03, pursuant to the re- 6364. A letter from the Deputy Assistant the Department’s annual report listing all porting requirements of Section 36(b)(1) of Administrator, Bureau for Legislative and repairs and maintenance performed on any the Arms Export Control Act, as amended; to Public Affairs, Agency for International De- covered Navy vessel in any shipyard outside the Committee on Foreign Affairs. velopment, transmitting the Agency’s report the United States or Guam during the pre- 6360. A letter from the Deputy Assistant on its fiscal year 2009 Competitive Sourcing ceding fiscal year; to the Committee on Secretary For Export Administration, De- efforts, as required by Section 647(b) of the Armed Services. partment of Commerce, transmitting the De- Consolidated Appropriations Act, FY 2004; to 6355. A letter from the Under Secretary, partment’s final rule — Addition to the List the Committee on Oversight and Govern- Department of Defense, transmitting the De- of Validated End-Users in the People’s Re- ment Reform. partment’s quarterly report entitled, ‘‘Ac- public of China (PRC) [Docket No.: 6365. A letter from the Assistant Director, ceptance of contributions for defense pro- 0908111226-91431-01] (RIN: 0694-AE70) received Executive & Political Personnel, Depart- grams, projects, and activities; Defense Co- January 19, 2010, pursuant to 5 U.S.C. ment of the Air Force, transmitting a report operation Account’’, for the period ending 801(a)(1)(A); to the Committee on Foreign Af- pursuant to the Federal Vacancies Reform December 31, 2009, pursuant to 10 U.S.C. 2608; fairs. Act of 1998; to the Committee on Oversight to the Committee on Armed Services. 6361. A letter from the Director, Bureau of and Government Reform. 6356. A letter from the Assistant Secretary, Economic Analysis, Department of Com- 6366. A letter from the Assistant Director, Energy Efficiency and Renewable Energy, merce, transmitting the Department’s final Executive & Political Personnel, Depart- Department of Energy, transmitting the De- rule — Direct Investment Surveys: BE-10, ment of the Air Force, transmitting a report partment’s semi-annual Implementation Re- 2009 Benchmark Survey of U.S. Direct In- pursuant to the Federal Vacancies Reform port on Energy Conservation Standards Ac- vestment Abroad [Docket No.: 090130089- Act of 1998; to the Committee on Oversight tivities, pursuant to Section 141 of the En- 91425-02] (RIN: 0691-AA71) received January and Government Reform.

VerDate Nov 24 2008 04:05 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.124 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1102 CONGRESSIONAL RECORD — HOUSE March 3, 2010 6367. A letter from the Assistant Director, bofan Engines [Docket No.: FAA-2008-0328; 6386. A letter from the Chief, Publications Executive & Political Personnel, Depart- Directorate Identifier 2008-NE-44-AD; and Regulations Branch, Internal Revenue ment of the Air Force, transmitting a report Amendment 39-16161; AD 2010-01-04] (RIN: Service, transmitting the Service’s final rule pursuant to the Federal Vacancies Reform 2120-AA64) received January 15, 2010, pursu- — Rulings and determination letters (Rev. Act of 1998; to the Committee on Oversight ant to 5 U.S.C. 801(a)(1)(A); to the Committee Proc. 2010-4) received January 15, 2010, pursu- and Government Reform. on Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 6368. A letter from the Assistant Director, 6378. A letter from the Program Analyst, on Ways and Means. Executive & Political Personnel, Depart- Department of Transportation, transmitting 6387. A letter from the Chief, Publications ment of the Army, transmitting a report the Department’s final rule — Airworthiness and Regulations Branch, Internal Revenue pursuant to the Federal Vacancies Reform Directives; The Boeing Company Model 737- Service, transmitting the Service’s final rule Act of 1998; to the Committee on Oversight 600, -700, and -800 Series Airplanes [Docket — Rulings and determination letters (Rev. and Government Reform. No.: FAA-2008-0669: Directorate Identifier Proc. 2010-5) received January 15, 2010, pursu- 6369. A letter from the Assistant Director, 2007-NM-350-AD; Amendment 39-16166; AD ant to 5 U.S.C. 801(a)(1)(A); to the Committee Executive & Political Personnel, Depart- 2010-01-08] (RIN: 2120-AA64) received January on Ways and Means. ment of the Army, transmitting a report 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 6388. A letter from the Chief, Publications pursuant to the Federal Vacancies Reform the Committee on Transportation and Infra- and Regulations Branch, Internal Revenue Act of 1998; to the Committee on Oversight structure. Service, transmitting the Service’s final rule and Government Reform. 6379. A letter from the Program Anlayst, — Rulings and determination letters (Rev. 6370. A letter from the Director, Office of Department of Transportation, transmitting Proc. 2010-6) received January 15, 2010, pursu- National Drug Control Policy, transmitting the Department’s final rule — Airworthiness ant to 5 U.S.C. 801(a)(1)(A); to the Committee update to the September 2009 final addendum Directives; The Boeing Company Model 737- on Ways and Means. for the Fiscal year 2008 Performance Sum- 300, -400, and -500 Series Airplanes [Docket 6389. A letter from the Chief, Publications mary Report; to the Committee on Oversight No.: FAA-2009-0788; Directorate Identifier and Regulations Branch, Internal Revenue and Government Reform. 2009-NM-193-AD; Amendment 39-16167; AD Service, transmitting the Service’s final rule 6371. A letter from the Chief Operating Of- 2010-01-09] (RIN: 2120-AA64) received January — Rulings and determination letters (Rev. ficer, President, Resolution Funding Cor- 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Proc. 2010-8) received January 15, 2010, pursu- poration, transmitting a copy of the Resolu- the Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion Funding Corporation’s Statement on structure. on Ways and Means. the System of Internal Controls and the 2009 6380. A letter from the Program Analyst, 6390. A letter from the Secretary, Depart- Audited Financial Statements; to the Com- Department of Transportation, transmitting ment of Health and Human Services, trans- mittee on Oversight and Government Re- the Department’s final rule — Airworthiness mitting a report entitled ‘‘Study and Report form. Directives; Airbus (Type Certificate Pre- Relating to Medicare Advantage Organiza- 6372. A letter from the Acting Director, Of- viously Held by Airbus Industrie) Model tions As Required by Section 4101(d) of the fice of Sustainable Fisheries, NMFS, Na- A340-200, -300, -500, and -600 Series Airplanes American Recovery and Reinvestment Act of tional Oceanic and Atmospheric Administra- [Docket No.: FAA-2009-1230; Directorate 2009’’; jointly to the Committees on Energy tion, transmitting the Administration’s final Identifier 2009-NM-088-AD; Amendment 39- and Commerce and Ways and Means. rule — Fisheries of the Exclusive Economic 16165; AD 2010-01-07] (RIN: 2120-AA64) received 6391. A letter from the Administrator, Zone Off Alaska; Atka Mackerel in the Ber- January 15, 2010, pursuant to 5 U.S.C. FEMA, Department of Homeland Security, ing Sea and Aleutian Islands Management 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s report on the Area [Docket No.: 0810141351-9087-02] (RIN: tation and Infrastructure. Preliminary Damage Assessment informa- 0648-XT97) received February 23, 2010, pursu- 6381. A letter from the Program Analyst, tion on FEMA-1862-DR for the Common- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Transportation, transmitting wealth of Virgina; jointly to the Committees on Natural Resources. the Department’s final rule — Airworthiness on Homeland Security, Appropriations, and 6373. A letter from the Deputy Assistant Directives; The Boeing Company Model 737- Transportation and Infrastructure. Administrator for Regulatory Programs, 600, -700, -700C, -800, and -900 Series Airplanes NMFS, National Oceanic and Atmospheric [Docket No.: FAA-2009-1226; Directorate f Administration, transmitting the Adminis- Identifier 2009-NM-149-AD; Amendment 39- PUBLIC BILLS AND RESOLUTIONS tration’s final rule — Western Pacific Fish- 16164; AD 2008-10-10 R1] (RIN: 2120-AA64) re- eries; Regulatory Restructuring [Docket No.: ceived January 15, 2010, pursuant to 5 U.S.C. Under clause 2 of rule XII, public 071220872-91431-03] (RIN: 0648-AU71) received 801(a)(1)(A); to the Committee on Transpor- bills and resolutions of the following February 23, 2010, pursuant to 5 U.S.C. tation and Infrastructure. titles were introduced and severally re- 801(a)(1)(A); to the Committee on Natural 6382. A letter from the Program Analyst, ferred, as follows: Resources. Department of Transportation, transmitting 6374. A letter from the Assistant Chief the Department’s final rule — Airworthiness By Mr. CHAFFETZ (for himself, Mr. Counsel, Department of Transportation, Directives; The Boeing Company Model 747- ISSA, Mr. PITTS, Mr. HENSARLING, Mr. transmitting the Service’s final rule — Pipe- 200F, 747-200C, 747-400, 747-400D, and 747-400F BISHOP of Utah, Ms. FOXX, and Mr. line Safety: Editorial Amendments to the Series Airplanes [Docket No.: FAA-2009-0655; ROONEY): Pipeline Safety Regulations [Docket No.: Directorate Identifier 2008-NM-192-AD; H.R. 4735. A bill to amend title 5, United PHMSA-2009-0265; Amdt Nos. 190-15; 192-111; Amendment 39-16157; AD 2010-01-01] (RIN: States Code, to provide that persons having 195-92, 198-5)] (RIN: 2137-AE51) received Janu- 2120-AA64) received January 15, 2010, pursu- seriously delinquent tax debts shall be ineli- ary 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); ant to 5 U.S.C. 801(a)(1)(A); to the Committee gible for Federal employment; to the Com- to the Committee on Transportation and In- on Transportation and Infrastructure. mittee on Oversight and Government Re- frastructure. 6383. A letter from the Program Analyst, form. 6375. A letter from the Senior Trial Attor- Department of Transportation, transmitting By Mr. WILSON of Ohio: ney, Office of Aviation Enforcement, Depart- the Department’s final rule — Airworthiness H.R. 4736. A bill to amend the Higher Edu- ment of Transportation, transmitting the Directives; Dassault-Aviation Model Falcon cation Act of 1965 to authorize student loan Department’s final rule — Enhancing Airline 7X Airplanes [Docket No.: FAA-2009-1252; Di- forgiveness for certain individuals employed Passenger Protections [Docket No.: DAT- rectorate Identifier 2009-NM-248-AD; Amend- in advanced energy professions; to the Com- OST-2007-0022] (RIN No.: 2105-AD72) received ment 39-16173; AD 2010-02-02] (RIN: 2120-AA64) mittee on Education and Labor. January 15, 2010, pursuant to 5 U.S.C. received January 15, 2010, pursuant to 5 By Ms. WATERS (for herself, Mr. 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on CAPUANO, Mr. CLAY, Mr. CLEAVER, tation and Infrastructure. Transportation and Infrastructure. Mr. ELLISON, Mr. AL GREEN of Texas, 6376. A letter from the Program Analyst, 6384. A letter from the Assistant Secretary, Mr. MEEKS of New York, Ms. MOORE Department of Transportation, transmitting Legislative Affairs, Department of State, of Wisconsin, Mr. SCOTT of Georgia, the Department’s final rule — Airworthiness transmitting a semi-annual report con- and Mr. WATT): Directives; PIAGGIO AERO INDUSTRIES cerning emigration laws and policies of Azer- H.R. 4737. A bill to reauthorize assistance S.p.A Model PIAGGIO P-180 Airplanes [Dock- baijan, Kazakhstan, Moldova, the Russian for capacity building for community devel- et No.: FAA-2009-0699 Directorate Identifier Federation, Tajikistan, and Uzbekistan; to opment and affordable housing under section 2009-CE-042-AD; Amendment 39-16169; AD the Committee on Ways and Means. 4 of the HUD Demonstration Act of 1993, and 2009-21-08 R1] (RIN: 2120-AA64) received Janu- 6385. A letter from the Chief, Publications for other purposes; to the Committee on Fi- ary 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); and Regulations Branch, Internal Revenue nancial Services. to the Committee on Transportation and In- Service, transmitting the Service’s final rule By Mr. MCKEON (for himself, Mr. frastructure. — Industry Directive on Total Return Swaps WITTMAN, Mrs. MCMORRIS RODGERS, 6377. A letter from the Program Analyst, (‘‘TRSs’’) Used to Avoid Dividend With- Mr. BISHOP of Utah, Mr. SHUSTER, Mr. Department of Transportation, transmitting holding Tax [LMSB Control No.: LMSB-4- AKIN, Mr. FLEMING, Mr. HUNTER, Mr. the Department’s final rule — Airworthiness 1209-044] received January 15, 2010, pursuant LOBIONDO, Mr. COFFMAN of Colorado, Directives; General Electric Company (GE) to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. TURNER, Mr. WILSON of South CF34-1A, CF34-3A, and CF34-3B Series Tur- Ways and Means. Carolina, Mr. PLATTS, Mr. ROONEY,

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Mr. CONAWAY, Mr. MILLER of Florida, sistance under the Servicemen’s Readjust- Ohio, Ms. BALDWIN, Mr. HODES, Ms. Mr. FRANKS of Arizona, and Mr. ment Act of 1944 (commonly referred to as TITUS, Mr. TAYLOR, Mr. ELLISON, Mr. KLINE of Minnesota): the ‘‘GI Bill of Rights’’) in recognition of the MOORE of Kansas, Ms. SCHWARTZ, Mr. H.R. 4738. A bill to prohibit the use of De- great contributions such recipients made to LIPINSKI, Mr. JOHNSON of Georgia, partment of Defense military installations the Nation in both their military and civil- Mr. MCGOVERN, Mr. OLVER, Mr. in the United States, its territories or pos- ian service and the contributions of Harry W. LANGEVIN, Mr. WU, Mr. KLEIN of Flor- sessions for the prosecution of individuals in- Colmery in initiating actions which led to ida, Ms. PINGREE of Maine, Ms. KAP- volved in the September 11, 2001, terrorist at- the enactment of that Act, and for other pur- TUR, Ms. HARMAN, Mr. LOEBSACK, Ms. tacks; to the Committee on Armed Services. poses; to the Committee on Financial Serv- WASSERMAN SCHULTZ, Mr. NADLER of By Mr. CAPUANO: ices, and in addition to the Committee on New York, Mr. HALL of New York, H.R. 4739. A bill to amend the Federal Elec- House Administration, for a period to be sub- Mr. OBERSTAR, Mr. BRALEY of Iowa, tion Campaign Act of 1971 to reduce the limit sequently determined by the Speaker, in Mr. HARE, Mr. HEINRICH, Mrs. CAPPS, on the amount of certain contributions each case for consideration of such provi- Ms. SUTTON, Mr. STUPAK, Mr. ARCURI, which may be made to a candidate with re- sions as fall within the jurisdiction of the Ms. SHEA-PORTER, Mr. CARDOZA, Mr. spect to an election for Federal office; to the committee concerned. DEFAZIO, Mr. RYAN of Ohio, Mr. CAR- Committee on House Administration. By Mr. NEUGEBAUER: NEY, Mr. VAN HOLLEN, Mr. KAGEN, By Mr. COHEN (for himself, Mr. RUSH, H.R. 4746. A bill to amend the Internal Rev- Mr. BOSWELL, Mr. DOYLE, Mr. ISRAEL, Mr. HASTINGS of Florida, Mr. MCGOV- enue Code of 1986 to prevent pending tax in- Mr. DELAHUNT, Mr. BISHOP of New ERN, Mr. LEWIS of Georgia, Ms. creases, and for other purposes; to the Com- York, Ms. DELAURO, Mr. MICHAUD, FUDGE, Mr. CLAY, and Mr. BRADY of mittee on Ways and Means. Mr. BERRY, Mr. CAPUANO, Mr. CHAN- Pennsylvania): By Mr. OWENS: DLER, Mr. MARKEY of Massachusetts, H.R. 4740. A bill to provide grants to cities H.R. 4747. A bill to amend the Controlled Mr. KILDEE, Mr. FILNER, Mr. with high unemployment rates to provide job Substances Import and Export Act to pre- training, public works, and economic devel- CARNAHAN, Mr. WEINER, Mr. vent the use of Indian reservations located MCDERMOTT, Mr. YARMUTH, Ms. opment programs, and for other purposes; to on the United States borders to facilitate the Committee on Financial Services, and in WOOLSEY, Mr. FARR, Mr. LARSEN of cross-border drug trafficking, and for other Washington, Mr. KENNEDY, Mr. addition to the Committees on Transpor- purposes; to the Committee on the Judici- tation and Infrastructure, Ways and Means, COURTNEY, Mr. SCOTT of Virginia, and ary, and in addition to the Committee on En- Ms. KILROY): and Education and Labor, for a period to be ergy and Commerce, for a period to be subse- subsequently determined by the Speaker, in H.R. 4752. A bill to amend part D of title quently determined by the Speaker, in each XVIII of the Social Security Act to require each case for consideration of such provi- case for consideration of such provisions as sions as fall within the jurisdiction of the the Secretary of Health and Human Services fall within the jurisdiction of the committee committee concerned. to negotiate covered part D drug prices on concerned. By Mr. FATTAH: behalf of Medicare beneficiaries; to the Com- H.R. 4741. A bill to amend the Energy Pol- By Mr. OWENS (for himself, Mr. mittee on Energy and Commerce, and in ad- icy Act of 2005 to create the right business THOMPSON of Mississippi, Mrs. dition to the Committee on Ways and Means, environment for doubling production of MCMORRIS RODGERS, Mr. PASCRELL, for a period to be subsequently determined clean nuclear energy and other clean energy and Ms. KAPTUR): by the Speaker, in each case for consider- H.R. 4748. A bill to amend the Office of Na- and to create mini-Manhattan projects for ation of such provisions as fall within the ju- tional Drug Control Policy Reauthorization clean energy research and development; to risdiction of the committee concerned. Act of 2006 to require a northern border the Committee on Energy and Commerce, By Mr. HENSARLING (for himself, Mr. counternarcotics strategy, and for other pur- and in addition to the Committees on PENCE, and Mr. CAMPBELL): Science and Technology, and Education and poses; to the Committee on the Judiciary, H.J. Res. 79. A joint resolution proposing Labor, for a period to be subsequently deter- and in addition to the Committee on Home- an amendment to the Constitution of the mined by the Speaker, in each case for con- land Security, for a period to be subse- United States to control spending; to the sideration of such provisions as fall within quently determined by the Speaker, in each Committee on the Judiciary. the jurisdiction of the committee concerned. case for consideration of such provisions as By Ms. BALDWIN (for herself, Mr. By Mr. KIND (for himself and Mr. fall within the jurisdiction of the committee TOWNS, Mr. GENE GREEN of Texas, REICHERT): concerned. and Mr. SESSIONS): H.R. 4742. A bill to amend the Internal Rev- By Mr. PRICE of North Carolina (for H. Con. Res. 246. Concurrent resolution enue Code of 1986 to encourage retirement himself, Mr. CASTLE, Ms. SHEA-POR- supporting the goals and ideals of World savings by modifying requirements with re- TER, Mr. PLATTS, Mr. CAPUANO, and Glaucoma Day; to the Committee on Energy spect to employer-established IRAs, and for Mr. OWENS): and Commerce. other purposes; to the Committee on Ways H.R. 4749. A bill to amend the Federal Elec- By Mr. BROUN of Georgia: and Means, and in addition to the Committee tion Campaign Act of 1971 to require per- H. Res. 1135. A resolution amending the on Education and Labor, for a period to be sonal disclosure statements in all third- Rules of the House of Representatives to re- subsequently determined by the Speaker, in party communications advocating the elec- quire that Members take the same annual each case for consideration of such provi- tion or defeat of a candidate, to require the ethics training as senior staff; to the Com- sions as fall within the jurisdiction of the disclosure of identifying information within mittee on Rules. committee concerned. communications made through the Internet, By Mr. BISHOP of Utah (for himself, By Mr. LARSON of Connecticut (for to apply disclosure requirements to Mr. CHAFFETZ, and Mr. MATHESON): himself, Mr. SAM JOHNSON of Texas, prerecorded telephone calls, and for other H. Res. 1136. A resolution recognizing the Mr. BISHOP of Georgia, and Ms. EDDIE purposes; to the Committee on House Admin- 100th anniversary of the establishment of the BERNICE JOHNSON of Texas): istration. McKay-Dee Hospital in northern Utah; to H.R. 4743. A bill to amend the Internal Rev- By Mr. SCHAUER (for himself, Mr. the Committee on Energy and Commerce. enue Code of 1986 to provide tax benefits to MCMAHON, Ms. DEGETTE, Ms. f individuals who have been wrongfully incar- SCHAKOWSKY, Mr. CONNOLLY of Vir- cerated; to the Committee on Ways and ginia, and Ms. SUTTON): ADDITIONAL SPONSORS Means. H.R. 4750. A bill to amend the Federal Meat Under clause 7 of rule XII, sponsors By Mr. MARCHANT: Inspection Act and Poultry Products Inspec- were added to public bills and resolu- H.R. 4744. A bill to require, as a condition tion Act to improve food safety by sup- tions as follows: for purchase of a home mortgage loan by porting efforts by entities that purchase H.R. 39: Ms. MATSUI and Mr. NEAL of Mas- beef, pork, or poultry products to further ex- Fannie Mae or Freddie Mac, and insurance of sachusetts. a home mortgage loan under the National amine the products to ensure they remain H.R. 272: Mr. BACHUS. safe for human consumption and to prohibit Housing Act, that the mortgagor be verified H.R. 303: Mr. SCHRADER. under the E-Verify program; to the Com- interference with such examination efforts, H.R. 336: Mr. PAYNE and Mr. HALL of New mittee on Financial Services. and for other purposes; to the Committee on York. By Mr. MOORE of Kansas (for himself, Agriculture. H.R. 442: Mr. GARRETT of New Jersey and Mr. BISHOP of New York, Mr. PETERS, By Mr. TONKO (for himself, Mr. DAVIS Mr. RAHALL. Mr. TIAHRT, Mr. CLEAVER, Mr. MORAN of Illinois, and Ms. BERKLEY): H.R. 476: Ms. WOOLSEY. of Kansas, Mr. MEEKS of New York, H.R. 4751. A bill to amend the Internal Rev- H.R. 484: Mr. MORAN of Kansas, Mr. Mr. ETHERIDGE, Mr. ARCURI, Mr. enue Code of 1986 to encourage the deploy- HASTINGS of Florida, and Mr. OBERSTAR. PIERLUISI, Mr. JONES, Mr. THOMPSON ment of highly efficient combined heat and H.R. 606: Ms. LEE of California. of California, Mrs. MCCARTHY of New power property, and for other purposes; to H.R. 622: Mr. MURPHY of New York. York, Mr. BARROW, Mr. SKELTON, Mr. the Committee on Ways and Means. H.R. 1079: Mr. HILL. RANGEL, Ms. JENKINS, Mr. MCGOVERN, By Mr. WELCH (for himself, Mrs. H.R. 1082: Mr. CAPUANO. and Mr. FILNER): EMERSON, Ms. SCHAKOWSKY, Mr. H.R. 1169: Mr. MICHAUD. H.R. 4745. A bill to award a Congressional SALAZAR, Mr. GRIJALVA, Mr. HIN- H.R. 1210: Ms. MCCOLLUM and Mr. LARSEN Gold Medal in honor of the recipients of as- CHEY, Mr. CONYERS, Mr. WILSON of of Washington.

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H.R. 1289: Mr. BAIRD. H.R. 4306: Mr. CRENSHAW. gia, Mr. RANGEL, Mrs. CHRISTENSEN, Ms. ED- H.R. 1324: Mr. ROSS. H.R. 4318: Ms. NORTON. WARDS of Maryland, Mr. RUSH, Ms. CORRINE H.R. 1458: Mr. ACKERMAN, Mrs. MALONEY, H.R. 4320: Mr. ISRAEL, Ms. KILPATRICK of BROWN of Florida, Ms. WATSON, Mr. Mr. MCGOVERN, and Mr. SIRES. Michigan, Mr. GRAYSON, Mr. ROTHMAN of RODRIGUEZ, Mr. GRAYSON, Mrs. NAPOLITANO, H.R. 1523: Ms. CHU. New Jersey, Mr. COHEN, Mr. OWENS, and Ms. Ms. ROYBAL-ALLARD, Mr. PASCRELL, Mr. H.R. 1587: Mr. JONES. SHEA-PORTER. FRANK of Massachusetts, Mr. LEVIN, Ms. H.R. 1751: Ms. NORTON. H.R. 4332: Mr. KILDEE. JACKSON LEE of Texas, Mr. BUTTERFIELD, Mr. H.R. 1806: Mr. HOLDEN, Mr. RUPPERSBER- H.R. 4351: Mr. PERRIELLO and Mr. ARCURI. JACKSON of Illinois, Ms. WATERS, Mr. GER, and Ms. JACKSON LEE of Texas. H.R. 4359: Mr. ARCURI. FATTAH, Mr. BACA, Mr. ORTIZ, Ms. EDDIE H.R. 1835: Mr. BOSWELL, Mr. ADLER of New H.R. 4371: Mr. TAYLOR, Mr. ROONEY, Mr. BERNICE JOHNSON of Texas, Mr. CARSON of In- Jersey, and Mr. HOLT. TEAGUE, Mr. BOYD, and Mr. PUTNAM. diana, Mr. SCOTT of Georgia, Mr. ELLISON, H.R. 1875: Mr. HARE, Mr. KAGEN, and Mr. H.R. 4399: Mr. WEINER. Mr. RYAN of Ohio, Mr. HIGGINS, and Mr. PERRIELLO. H.R. 4400: Ms. ROS-LEHTINEN. GRIJALVA. H.R. 1884: Mr. ROTHMAN of New Jersey. H.R. 4426: Ms. BALDWIN. H. Con. Res. 244: Mr. BURTON of Indiana, H.R. 4427: Mr. FLEMING. H.R. 2089: Ms. SCHAKOWSKY. Mr. GOHMERT, Mr. LAMBORN, Mr. BRADY of H.R. 4430: Mr. PITTS, Mrs. SCHMIDT, Mr. H.R. 2110: Mr. CRENSHAW. Texas, Mr. CHAFFETZ, Mr. BISHOP of Utah, LATTA, Mr. MARCHANT, Mr. DAVIS of Ken- H.R. 2132: Ms. NORTON. Ms. FOXX, Mrs. MYRICK, Ms. GRANGER, Mr. tucky, Mr. LAMBORN, Ms. FALLIN, Mr. H.R. 2149: Mr. BISHOP of Georgia and Ms. GARRETT of New Jersey, Mr. PITTS, Mr. GINGREY of Georgia, Mr. LUETKEMEYER, Mr. SPEIER. LATTA, Mr. AKIN, Mr. POSEY, Mr. ROONEY, HUNTER, Mrs. LUMMIS, Mr. CONAWAY, Mr. H.R. 2156: Ms. CORRINE BROWN of Florida Mr. MARCHANT, Mr. CONAWAY, Mr. OLSON, Mr. PENCE, Mr. KING of Iowa, Mr. and Ms. NORTON. HENSARLING, and Mrs. BLACKBURN. H.R. 2305: Mr. PRICE of Georgia. FRANKS of Arizona, Mr. MORAN of Kansas, H. Res. 792: Mr. SHUSTER, Mr. TIBERI, Mr. H.R. 2377: Mr. UPTON, Mr. CONAWAY, Mrs. Mr. JONES, Mr. GARRETT of New Jersey, Mr. BACHUS, Mr. HUNTER, Mr. ROONEY, Mr. ROHR- MILLER of Michigan, and Mr. PERRIELLO. ROGERS of Kentucky, Mr. BROUN of Georgia, ABACHER, Mr. CASSIDY, Mr. JONES, Mr. H.R. 2478: Mr. MCNERNEY. and Mr. FORBES. HENSARLING, Mr. KINGSTON, Mr. JOHNSON of H.R. 2515: Ms. NORTON. H.R. 4466: Mr. LEE of New York. Illinois, Mr. JORDAN of Ohio, Mr. OLSON, Mr. H.R. 2565: Mr. BROWN of South Carolina. H.R. 4472: Mr. PAULSEN. AUSTRIA, Mr. PITTS, Mr. HARPER, Mr. LANCE, H.R. 2672: Ms. JACKSON LEE of Texas. H.R. 4502: Ms. SCHAKOWSKY. Mrs. BIGGERT, Mr. LEWIS of California, Ms. H.R. 2695: Mr. SESTAK. H.R. 4505: Ms. BERKLEY, Mr. TIAHRT, and JENKINS, Mr. BRADY of Texas, Mr. MANZULLO, H.R. 2782: Mr. PETERSON. Mr. MINNICK. Mr. MCCLINTOCK, Mr. KLINE of Minnesota, H.R. 2819: Ms. RICHARDSON. H.R. 4538: Ms. SCHAKOWSKY. Mr. CAMPBELL, Mr. PENCE, Mr. BILIRAKIS, H.R. 2906: Mr. KAGEN and Mr. DRIEHAUS. H.R. 4541: Mr. LINCOLN DIAZ-BALART of Mr. MCCARTHY of California, Mr. THOMPSON H.R. 3001: Ms. NORTON. Florida. of Pennsylvania, Mr. LAMBORN, Mr. COFFMAN H.R. 3017: Ms. MARKEY of Colorado. H.R. 4556: Mr. HASTINGS of Washington. of Colorado, Mr. AKIN, Mr. PLATTS, Mr. WIL- H.R. 3043: Mr. GENE GREEN of Texas. H.R. 4573: Mr. DRIEHAUS, Mr. ELLISON, Mr. SON of South Carolina, Mr. GARRETT of New H.R. 3077: Mr. GARAMENDI and Ms. NORTON. BISHOP of Georgia, Ms. CASTOR of Florida, Jersey, Mr. WAMP, Mr. MARIO DIAZ-BALART H.R. 3100: Ms. SCHAKOWSKY. Mr. LARSEN of Washington, Mr. ROTHMAN of of Florida, Mr. ROSKAM, Mr. BUCHANAN, Mr. H.R. 3147: Mr. MEEKS of New York, Mr. New Jersey, Ms. BALDWIN, Ms. DELAURO, Mr. KING of Iowa, Mr. FORBES, Mr. LUETKEMEYER, BERMAN, and Ms. NORTON. ENGEL, Mr. JOHNSON of Georgia, and Mr. REIER C OTTER ENT H.R. 3202: Mr. BISHOP of New York. DAVIS of Illinois. Mr. D , Mr. M C , Mr. D , Mr. H.R. 3268: Ms. BEAN. H.R. 4586: Mr. CULBERSON. COLE, Mr. BOREN, Mr. LUCAS, Mr. FRANKS of H.R. 3339: Mr. BAIRD and Mr. TEAGUE. H.R. 4588: Mr. BURTON of Indiana, Mr. POE Arizona, Mr. TIAHRT, Mr. MICA, Mr. SMITH of H.R. 3343: Mr. COURTNEY. of Texas, Mr. CHAFFETZ, Mr. POSEY, Mr. Nebraska, Mr. STEARNS, Mr. GOHMERT, Mr. H.R. 3351: Mr. KAGEN and Mr. PETERS. MANZULLO, Mr. AKIN, Mr. PITTS, Mr. DANIEL E. LUNGREN of California, Mr. GUTH- H.R. 3380: Mr. HOLT. LAMBORN, Mr. MARCHANT, Mr. LATTA, Mrs. RIE, Mr. FORTENBERRY, Mr. YOUNG of Florida, H.R. 3486: Mr. HOEKSTRA. BLACKBURN, Mr. GINGREY of Georgia, Mr. and Mr. CRENSHAW. H.R. 3488: Mr. FILNER and Mr. NADLER of BRADY of Texas, Mrs. MYRICK, Mr. CONAWAY, H. Res. 888: Mr. REICHERT. New York. Mr. GOHMERT, and Mr. BISHOP of Utah. H. Res. 904: Mrs. DAHLKEMPER, Ms. CORRINE H.R. 3519: Ms. MCCOLLUM and Mr. OWENS. H.R. 4598: Mr. PERLMUTTER, Mr. LUJA´ N, and BROWN of Florida, Ms. MCCOLLUM, Mr. H.R. 3564: Mr. SCOTT of Virginia. Ms. KILROY. ISRAEL, Ms. SPEIER, and Mr. SCHIFF. H.R. 3666: Mr. POE of Texas and Mr. MUR- H.R. 4621: Ms. ROYBAL-ALLARD, Mr. ISSA, H. Res. 1016: Ms. SCHAKOWSKY. PHY of Connecticut. and Mr. CHAFFETZ. H. Res. 1041: Mr. CHILDERS, Mr. HALL of H.R. 3697: Mr. SIMPSON. H.R. 4629: Mr. SCHAUER. New York, Mr. KENNEDY, Mr. WALZ, Mr. DON- H.R. 3712: Mrs. EMERSON, Mr. GARY G. MIL- H.R. 4638: Mr. PUTNAM. NELLY of Indiana, Mr. CHANDLER, Mr. INSLEE, LER of California, Mr. BISHOP of Georgia, Mr. H.R. 4649: Ms. LORETTA SANCHEZ of Cali- Mr. KIND, Mr. MATHESON, Mr. NYE, Mr. UPTON, Mr. CASTLE, and Mr. PETRI. fornia, Mr. POE of Texas, Mr. COSTA, Mr. SPRATT, Mr. ETHERIDGE, Mr. DAVIS of Illi- H.R. 3715: Mr. GERLACH. MCCAUL, and Mr. INGLIS. nois, Mr. BERRY, Mr. BARROW, Mr. H.R. 3720: Mr. GRAVES. H.R. 4653: Ms. FOXX, Mr. SAM JOHNSON of MELANCON, Ms. KOSMAS, and Mr. PETERSON. H.R. 3731: Mr. WEINER, Mr. BERMAN, Mr. Texas, Mr. OLSON, and Mrs. LUMMIS. H. Res. 1042: Mr. CHILDERS, Mr. HALL of GARAMENDI, Mr. RANGEL, Mr. LEWIS of Geor- H.R. 4657: Mr. RUSH. New York, Mr. KENNEDY, Mr. WALZ, Mr. DON- gia, Ms. WATERS, Mr. GRAYSON, Ms. WATSON, H.R. 4692: Ms. KILROY. NELLY of Indiana, Mr. CHANDLER, Mr. INSLEE, Mr. SCOTT of Virginia, Mr. FALEOMAVAEGA, H.R. 4693: Mrs. HALVORSON, Ms. KILPATRICK Mr. KIND, Mr. MATHESON, Mr. NYE, Mr. Mr. NADLER of New York, Mr. TOWNS, Ms. of Michigan, Mr. GERLACH, and Mr. SPRATT, Mr. ETHERIDGE, Mr. DAVIS of Illi- KILPATRICK of Michigan, Mr. ARCURI, Mr. MCNERNEY. nois, Mr. BERRY, Mr. MELANCON, Mr. BAR- PATRICK J. MURPHY of Pennsylvania, Mr. H.R. 4694: Mr. ELLISON. ROW, Ms. KOSMAS, and Mr. PETERSON. BUTTERFIELD, Mr. KAGEN, Mr. CLEAVER, and H.R. 4700: Ms. WOOLSEY, Mr. TIERNEY, Mr. H. Res. 1052: Mr. REYES, Mr. DEFAZIO, and Mr. POLIS of Colorado. NEAL of Massachusetts, Mr. OBERSTAR, Ms. Mr. CONAWAY. H.R. 3745: Ms. ZOE LOFGREN of California DELAURO, Mr. JACKSON of Illinois, Mr. DAVIS and Mr. MARKEY of Massachusetts. of Illinois, Mr. RUSH, Mr. LEWIS of Georgia, H. Res. 1053: Mrs. CHRISTENSEN, Ms. NOR- H.R. 3790: Mr. SIRES, Ms. KOSMAS, Mr. Mr. BECERRA, Mr. BACA, Mr. GUTIERREZ, and TON, and Ms. SCHAKOWSKY. BISHOP of Utah, and Mr. THORNBERRY. Mr. FARR. H. Res. 1064: Ms. TSONGAS, Mr. MICHAUD, H.R. 3799: Ms. WOOLSEY. H.R. 4705: Mr. POE of Texas. Mr. MURPHY of Connecticut, and Mr. KAGEN. H.R. 3839: Mr. COURTNEY and Mr. ISRAEL. H.R. 4717: Mr. SIMPSON and Mr. THOMPSON H. Res. 1075: Mr. KING of Iowa, Mr. BISHOP H.R. 4038: Mr. SHIMKUS. of Pennsylvania. of Georgia, Ms. BORDALLO, Mr. MOORE of H.R. 4058: Mr. LARSEN of Washington. H.J. Res. 61: Ms. SUTTON. Kansas, Mr. BURTON of Indiana, Mr. BROWN of H.R. 4088: Mr. TIAHRT and Ms. SCHAKOWSKY. H.J. Res. 74: Mr. FILNER, Mr. HEINRICH, and South Carolina, Mr. HILL, Mr. PETERSON, Mr. H.R. 4098: Ms. NORTON. Mr. HINCHEY. SMITH of Nebraska, Mr. ROONEY, Mr. H.R. 4129: Ms. SCHAKOWSKY and Mr. BOREN. H.J. Res. 76: Mr. PAULSEN, Mr. WITTMAN, and Mr. TAYLOR. H.R. 4140: Mr. CAPUANO. FORTENBERRY, Mr. DENT, Mr. MORAN of Kan- H. Res. 1086: Ms. MCCOLLUM. H.R. 4149: Mr. POLIS of Colorado. sas, Mr. BOOZMAN, Mr. BURGESS, Mrs. H. Res. 1088: Mr. MORAN of Virginia. H.R. 4150: Mr. BURGESS. BIGGERT, and Ms. HERSETH SANDLIN. H. Res. 1100: Mr. HASTINGS of Florida. H.R. 4189: Mr. JONES. H. Con. Res. 230: Mr. TAYLOR. H. Res. 1102: Mr. SCOTT of Virginia. H.R. 4229: Mr. WILSON of Ohio, Mr. MEEKS H. Con. Res. 242: Mr. CONYERS, Ms. LEE of of New York, Mr. MOORE of Kansas, and Mr. California, Mr. GONZALEZ, Ms. CLARKE, Mr. H. Res. 1103: Mr. DAVIS of Tennessee, Mr. PUTNAM. WATT, Mr. DAVIS of Illinois, Mr. LEWIS of GRIFFITH, and Mr. BARTON of Texas. H.R. 4267: Mr. TIAHRT. Georgia, Mr. SCOTT of Virginia, Ms. MOORE of H. Res. 1104: Mr. PAYNE and Mr. TOWNS. H.R. 4274: Mr. BOUCHER and Mr. WEINER. Wisconsin, Mr. CLAY, Mr. MEEKS of New H. Res. 1116: Mr. BISHOP of Georgia, Mr. H.R. 4278: Mr. KIND. York, Mr. CUMMINGS, Mr. JOHNSON of Geor- KIRK, and Mr. TOWNS.

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H. Res. 1119: Mr. PATRICK J. MURPHY of H. Res. 1127: Mr. HIGGINS, Mr. STARK, Mr. H. Res. 1128: Mr. HOLDEN, Ms. WATSON, Mr. Pennsylvania and Mrs. MYRICK. REYES, Mr. LEVIN, Mr. ETHERIDGE, Mr. TANNER, and Mr. CARNAHAN. H. Res. 1120: Mr. CUELLAR. SCHIFF, Ms. LEE of California, Mr. BECERRA, H. Res. 1124: Mr. MARIO DIAZ-BALART of H. Res. 1133: Ms. EDWARDS of Maryland. and Mr. VAN HOLLEN. Florida.

VerDate Nov 24 2008 04:12 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.057 H03MRPT1 tjames on DSKG8SOYB1PROD with HOUSE 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, WEDNESDAY, MARCH 3, 2010 No. 29 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator TAX EXTENDERS ACT OF 2009 called to order by the Honorable TOM from the State of New Mexico, to perform the duties of the Chair. The ACTING PRESIDENT pro tem- UDALL, a Senator from the State of pore. Under the previous order, the New Mexico. ROBERT C. BYRD, President pro tempore. Senate will resume consideration of H.R. 4213, which the clerk will report. PRAYER Mr. UDALL of New Mexico thereupon assumed the chair as Acting President The assistant legislative clerk read The Chaplain, Dr. Barry C. Black, of- pro tempore. as follows: fered the following prayer: f A bill (H.R. 4213) to amend the Internal Let us pray. Revenue Code of 1986 to extend certain expir- Eternal God, the giver of every good RECOGNITION OF THE MAJORITY ing provisions, and for other purposes. gift, thank You for quiet harbors of LEADER Pending: peace where we may bow in prayer and The ACTING PRESIDENT pro tem- Baucus amendment No. 3336, in the nature seek Your grace and wisdom. pore. The majority leader is recog- of a substitute. Guide our Senators during this sea- nized. Sessions amendment No. 3337 (to amend- son when vast issues are at stake. As ment No. 3336) to reduce the deficit by estab- f they serve You and country, keep them lishing discretionary spending caps. mindful of the great tradition in which SCHEDULE Thune amendment No. 3338 (to amendment they stand, enabling them to rise to Mr. REID. Mr. President, we will No. 3336) to create additional tax relief for greatness of vision and action. move directly to the bill. If Senator businesses. Lord, with confidence, we commit Landrieu amendment No. 3335 (to amend- MCCONNELL wishes to speak, he has ment No. 3336) to amend the Internal Rev- ourselves and our Nation to You, who that right. We will move to H.R. 4213, enue Code of 1986 to extend the low-income knows the road we travel and has the Tax Extenders Act. Last night, we housing credit rules for buildings in the GO promised to bring us to a desired des- were able to reach agreement on the Zones. tination. May we continue to expect next amendments in order. Those AMENDMENT NO. 3356 TO AMENDMENT NO. 3336 great things from You, as we attempt amendments will be offered soon, and I Mr. REID. Mr. President, I send an great things for You. hope we will be able to reach agree- amendment to the desk on behalf of We pray in Your gracious Name. ment to vote in relation to the pending Senator MURRAY and others. This is Amen. amendments. I am going to offer an No. 3356. f amendment on behalf of Senator MUR- The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE RAY. Senator SANDERS will offer one. pore. The clerk will report. Then there will be two Republican The assistant legislative clerk read The Honorable TOM UDALL led the amendments. We have to kind of clear Pledge of Allegiance, as follows: as follows: the decks. There will be no more The Senator from Nevada [Mr. REID], for I pledge allegiance to the Flag of the amendments until we can make some Mrs. MURRAY, for herself, Mr. HARKIN, Mrs. United States of America, and to the Repub- arrangement to dispose of what has al- BOXER, Mr. BEGICH, and Mr. BURRIS, proposes lic for which it stands, one nation under God, an amendment numbered 3356 to amendment indivisible, with liberty and justice for all. ready been laid down. We have three. These four more means seven amend- No. 3336. f ments. There will be two Democratic Mr. REID. I ask unanimous consent APPOINTMENT OF ACTING amendments this morning, two Repub- that reading of the amendment be dis- PRESIDENT PRO TEMPORE lican amendments. That will mean a pensed with. The PRESIDING OFFICER. The total of seven amendments. We have to The ACTING PRESIDENT pro tem- clerk will please read a communication take a pause then and try to get rid of pore. Without objection, it is so or- to the Senate from the President pro some of these, voting on them before dered. tempore (Mr. BYRD). we move to others. The amendment is as follows: The assistant legislative clerk read We can now move to the bill, Mr. (Purpose: To provide funding for summer the following letter: President. employment for youth) U.S. SENATE, f At the appropriate place, insert the fol- PRESIDENT PRO TEMPORE, RESERVATION OF LEADER TIME lowing: Washington, DC, March 3, 2010. SEC. ll. TRAINING AND EMPLOYMENT SERV- To the Senate: The ACTING PRESIDENT pro tem- ICES. Under the provisions of rule I, paragraph 3, pore. Under the previous order, the (a) ADDITIONAL AMOUNT.—There is appro- of the Standing Rules of the Senate, I hereby leadership time is reserved. priated for fiscal year 2010, for an additional

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

S973

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VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.000 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE March 3, 2010 amount for ‘‘Training and Employment (The text of the amendment is print- Well, Americans do not know how Services’’ for activities under the Workforce ed in the RECORD of March 2, 2010, else to say it: They do not want the Investment Act of 1998 (referred to in this under ‘‘Text of Amendments.’’) massive bill. It is perfectly clear. They section as the ‘‘WIA’’), $1,500,000,000. That Mr. REID. I suggest the absence of a want commonsense, bipartisan reforms amount is appropriated out of any money in quorum. the Treasury not otherwise appropriated. that lower costs, and they want us to The amount shall be available for obligation The ACTING PRESIDENT pro tem- refocus our energy on creating jobs and for the period beginning on the date of enact- pore. The clerk will call the roll. the economy. They have had enough of ment of this Act. The assistant legislative clerk pro- this year-long effort to get a win for (b) ACTIVITIES.—In particular, of the ceeded to call the roll. the Democratic Party at any price to amount made available under subsection Mr. MCCONNELL. Mr. President, I the American people. Americans have (a)— ask unanimous consent that the order paid a big enough price already in the (1) $1,500,000,000 shall be available for for the quorum call be rescinded. time we have lost focusing on this bill. grants to States for youth activities, includ- The ACTING PRESIDENT pro tem- They do not want it, and they will ing summer employment for youth, which pore. Without objection, it is so or- not tolerate any more backroom deals funds shall remain available for obligation dered. through September 30, 2010, except that— or legislative schemes to force it RECOGNITION OF THE MINORITY LEADER (A) no portion of such funds shall be re- through Congress on a partisan basis. The ACTING PRESIDENT pro tem- served to carry out section 127(b)(1)(A) of the History is clear: Big legislation always pore. The Republican leader is recog- WIA; requires big majorities. This latest nized. (B) for purposes of section 127(b)(1)(C)(iv) of scheme to lure Democrats into switch- the WIA, funds available for youth activities HEALTH CARE ing their votes in the House by agree- shall be allotted as if the total amount avail- Mr. MCCONNELL. Mr. President, able for youth activities for fiscal year 2010 ing to use reconciliation in the Senate most Americans breathed a sigh of re- will be met with outrage. does not exceed $1,000,000,000; lief in January when it looked like the (C) with respect to the youth activities So we respectfully encourage the ad- provided with such funds, section 101(13)(A) Democrats’ partisan plan for health ministration to consider a new ap- of the WIA shall be applied by substituting care was done for. Most people saw the proach to reform, one that does not cut ‘‘age 24’’ for ‘‘age 21’’; outcome of the Massachusetts Senate Medicare to fund a trillion-dollar take- (D) the work readiness aspect of the per- race as an opportunity to start over on over of the health care system or im- formance indicator described in section what they wanted, which is a step-by- pose job-killing taxes in the middle of 136(b)(2)(A)(ii)(I) of the WIA shall be the only step plan that would target costs with- a recession, and one that will win the measure of performance used to assess the out raising taxes or insurance pre- support of broad majorities in both effectiveness of summer employment for miums, without cutting Medicare, and parties. We encourage the administra- youth provided with such funds; and without using taxpayer dollars to cover (E) an amount that is not more than 1 per- tion to join Republicans and Demo- cent of the funds appropriated under sub- the cost of abortions. Unfortunately, the proponents of this crats in Congress in listening to what section (a) may be used for the administra- the American people have been telling tion, management, and oversight of the pro- plan are still determined to force this distorted vision of health care reform us for more than a year now. grams, activities, and grants, funded under At the risk of being redundant, here subsection (a), including the evaluation of on a public who is already overwhelm- the use of such funds; and ingly opposed to it. So this afternoon is what they are saying: Americans are (2) funds designated for the purposes of the President will outline yet another telling us to scrap the bills they have paragraph (1)(E), together with funds de- version of the Democratic health care already rejected and start over with scribed in section 801(b) of Division A of the plan we have been hearing about all commonsense, step-by-step reforms we American Recovery and Reinvestment Act of year long. The sales pitch may be new, can all agree on. Now is not the time to 2009, shall be available for obligation repeat the same mistakes that brought through September 30, 2012. but the bill is not. We got a preview of the administra- us here. It is time to listen to the peo- Mr. REID. This amendment I offer on tion’s new sales pitch yesterday in a ple and to start over. behalf of Mrs. MURRAY, Mr. HARKIN, letter from the President, in which he I yield the floor. Mrs. BOXER, Mr. BEGICH, and Mr. said he is now willing to incorporate a The ACTING PRESIDENT pro tem- BURRIS. This, of course, is to the few Republican ideas into the Demo- pore. The Senator from Illinois is rec- amendment proposed by Senator BAU- cratic bill. But this is not what the ognized. CUS. American people are asking for. Mr. DURBIN. Mr. President, last AMENDMENT NO. 3353 TO AMENDMENT NO. 3336 Americans do not want us to tack a night, I met the mayor of Kankakee, (Purpose: To provide an emergency benefit of few good ideas onto a bill that reshapes IL. She told me about a problem she $250 to seniors, veterans, and persons with one-sixth of the economy, vastly ex- has. Kankakee has 28,000 residents. The disabilities in 2010 to compensate for the pands the role of government, and economy has hurt them. They have lack of cost-of-living adjustment for such which raises taxes and cuts Medicare lost sales tax revenues. They do not year, and for other purposes) have the income they had just last I ask unanimous consent that amend- to pay for all of it. They want us to scrap the underlying bill—scrap it alto- year. Their annual budget is $20 mil- ment No. 3353 be called up now. lion for the city of Kankakee. That is The ACTING PRESIDENT pro tem- gether—and start over with step-by- for all the services they provide. pore. Without objection, it is so or- step reforms that target cost and ex- pand access. Ten percent of that budget—$2 mil- dered. lion—goes for the health insurance of Mr. REID. This is on behalf of Sen- This whole exercise is unfortunate the workers in that town; about 200 of ator SANDERS, Mr. DODD, Mr. and completely unnecessary. It is also them—10 percent, $2 million. So they WHITEHOUSE, Mr. LEAHY, and Mrs. GIL- a disservice to the American people. The fact is, the longer the Democrats went to their insurance company and LIBRAND. The ACTING PRESIDENT pro tem- cling to their own flawed vision of re- said: What will the insurance cost us pore. The clerk will report. form, the longer Americans will have this year? The health insurance com- The assistant legislative clerk read to wait for the reforms they want. pany said: Your rates are going up 83 as follows: Last week’s health care summit percent—83 percent. What had cost could have served as the basis for a se- The Senator from Nevada [Mr. REID], for them $2 million last year will cost Mr. SANDERS, for himself, Mr. DODD, Mr. ries of step-by-step reforms that both them almost $4 million this year. WHITEHOUSE, Mr. LEAHY, and Mrs. GILLI- parties could support and which the When I listened to the speech from BRAND, proposes an amendment numbered general public would embrace. Unfortu- the minority leader, the Republican 3353 to amendment No. 3336. nately, Democrats in Washington have leader, who says: Start over, go slow, Mr. REID. I ask unanimous consent decided to press ahead on the same baby steps, we do not want to do any- that reading of the amendment be dis- kind of massive bill they were pushing thing that is big or addresses this prob- pensed with. before the summit. Even worse, they lem in any kind of comprehensive way, The ACTING PRESIDENT pro tem- now seem willing to go to any length I think to myself: Does he understand pore. Without objection, it is so or- necessary—any length necessary—to the reality of what businesses, fami- dered. force the bill through Congress. lies, small towns, and large cities are

VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.001 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S975 facing across America? The Kankakee described for their families. They do porting, takes care of 30 million. I wish example is not unique. Just a couple not want other people to have it. That it were 50 million, but it takes care of weeks ago, in California, Anthem Blue is wrong. It is not only wrong, but it is 60 percent, over half of them. The hos- Cross and Blue Shield announced a 39- unfair. It is unfair to the families pital administrator at Memorial Med- percent increase in health insurance across America who deserve the same ical Center in Springfield, IL, said to premiums next year. kind of protection in health insurance me: Senator, if I don’t have to give out If you look at what the average fam- Members of Congress have. all this charity care, I can contain my ily paid for health insurance 10 years So the first commonsense part of our costs and build the hospital and even ago, it was about $6,000 a year—$500 a health care reform is insurance ex- make it greater for this community. month. It is a lot of money. But that changes, where private companies com- But I have to absorb charity care for was 10 years ago, and it has doubled in pete for the health insurance business uninsured people because we do that in the last 10 years. It is now $12,000, the of small businesses and individuals— America. Put more of them on insur- average premium paid by a family of competition and choice. ance and we will have more revenue four across America. The second commonsense part of coming in. I would not have to transfer But what will happen in the next 8 to health care reform says, it does no their cost burden to other families. I 10 years? It will double again. Can you good to own a health insurance policy will do better as a hospital. We will do imagine the job you will need 10 years which isn’t there when you need it. better as a community. from now that will generate $2,000 a You pay a lifetime of premiums, and I think he is right. It is common month just for health insurance pre- with one accident, one diagnosis, you sense. The Senator from Kentucky says miums, before you take the first penny are stuck with a huge amount of med- we need common sense. That is part of home to pay your mortgage or feed ical bills, and the health insurance it. I think we also need common sense your family or provide for your kids’ company says: We took a close look at when it comes to Medicare. Medicare, college education? That is the reality your application for health insurance, of course, was created almost 50 years of the call by the Republican side of and you failed to disclose you had acne ago. Those who opposed it said: Too the aisle to go slow, start over. as a teenager—I am not making this much government. Those who sup- No. Their go slow, start over can be up—so we are going to deny you cov- ported it said: How else can we provide translated into two words: ‘‘Give up.’’ erage for the cancer therapy you are for the elderly and retired, giving them We are not going to give up. They call going to need—I am not making this basic health care protection, if we do for common sense. Our approach to up—or they say: You didn’t tell us you not have an insurance plan across health care reform is grounded in com- had an adopted child in your family. America that we contribute to as we mon sense. Let me tell you what the That is another preexisting condition. work and is available for us when we basics are. Did you know that? It is. In the list of retire? The basics are, small businesses preexisting conditions, it includes What happened when Medicare was across America need to have choice and things such as that, and that is what passed? Senior citizens started living competition. We create insurance ex- happens—the tricks and traps in health longer, better, more independent lives. changes. I went to the President’s insurance that yank coverage from you The record is there. It is clear. It health care summit last week, and I when you need it the most. worked. We want it to continue to listened to the Republicans say: Do you This bill, the health care reform bill work. But the problem is, as the costs know what is wrong with the health we are working on, starts to change of health care skyrocket because of care reform bill? No. 1, it is a govern- that relationship and gives the con- baby steps and no steps recommended ment-run program. Well, it is not. It is sumers across America a fighting by the other side of the aisle, as the private health insurance companies chance to fight back when they are de- costs skyrocket, Medicare costs do as brought together by the government to nied coverage for a preexisting condi- well. It only has about 9 years left be- compete for the business of individuals tion, to fight back when they say there fore it goes into the red. and small businesses. They said: Do is a cap on the total amount they are Well, the bill we are proposing, the you know what else is wrong? They put going to pay in your lifetime, to fight health care reform bill, will extend the minimum requirements on health in- back when they say you cannot take life of Medicare another decade. I wish surance plans, minimum requirements your insurance with you when you it were longer. But it certainly is a of what they will cover. You ought to leave a job, to fight back when parents step in the right direction. How do we let the health insurance companies realize when their kids get out of col- extend the life of Medicare? We look at offer whatever they want. If they want lege, the family health insurance plan the waste in Medicare today, and there to offer something that is virtually cannot cover them anymore. is waste. Let me give you a couple worthless, that is their business. Let Those are basic health insurance re- numbers to compare. These numbers the consumers decide. forms that embody common sense. The reflect the average cost for each Medi- I said at that health care summit Senator from Kentucky, Mr. MCCON- care recipient annually in each com- meeting: Isn’t it amazing that Mem- NELL, comes here and says: We have to munity. In my hometown of Spring- bers of Congress, who are part of the junk this big government plan. It is so field, IL—central Illinois, small town Federal Employees Health Benefits wildly unpopular. Is it unpopular to America I am honored to represent— Program, including the Republican offer choice and competition to small $7,600 a year, average cost per Medicare House and Senate Members who sat in businesses? Is it unpopular to give con- recipient. Rochester, MN—home of one that summit, have their families pro- sumers a fighting chance against of the greatest hospitals in America, tected by a government-run health health insurance companies? the Mayo Clinic, a place I dearly love care plan, which establishes minimum There is a third aspect too. We asked and respect for the treatment they requirements for health insurance to the Republicans at the health care have given to my family—it is about protect our families? Yet when we sug- summit: If you accept the obvious— the same, $7,600 a year, average cost for gest doing that for the rest of America, that 50 million uninsured Americans Medicare recipients. Now go to Chi- the conservative Republicans say: You get sick, go to hospitals, are treated, cago—a big city—$9,600 a year, average have gone too far. That violates some and the cost of their care is then cost for Medicare recipients. basic values and principles. passed on to everyone else—if you ac- Now go to Miami, FL. The average If they were honest about it, they cept that, what are you going to do cost for Medicare recipients, $17,000 a would have walked right out of that about it? They said: Oh, we have an an- year. It costs more to live in Miami summit and turned in their Federal swer to that. Fifty million uninsured than it does in Springfield or even Employees Health Benefits Program Americans? We will deal with that. We Rochester, MN, but twice as much? No. cards and said: We are out of here. This will take care of 3 million of them—3 Something is wrong. Overpayments are is socialism. We are not going to be million of them. Six percent of them obvious in Miami, FL, in McAllen, TX. part of it. But, no, they want to enjoy we will take care of. We can pick them out, and we can see the benefits of a government-run plan, Well, the bill we are supporting, the we are wasting our tax dollars with too with minimum benefits outlined and health care reform bill we are sup- many tests, too many procedures, not

VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.003 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE March 3, 2010 focusing on quality but quantity. Can form bill, which is now over in the Mr. GRASSLEY. Mr. President, are we make this a better system? Can we House. The House of Representatives we now on the pending legislation? keep seniors healthy and reduce costs? will decide whether they can enact the The ACTING PRESIDENT pro tem- Of course we can. We can eliminate a Senate version of health care reform. pore. Yes, we are. lot of the waste. We can raise questions The follow-on bill is likely to be the AMENDMENT NO. 3352 TO AMENDMENT NO. 3336 about self-dealing by doctors who make reconciliation bill which will make Mr. GRASSLEY. I ask unanimous sure they send their patients to their some changes in that health care bill. consent—and I think this has been own laboratories, using their own ma- It is not the total health care bill, but cleared with the other side—that the chines over and over again. We can do it will include changes. Some of the pending amendment be set aside for the that. In doing so, we are not going to changes that are being contemplated purpose of my offering an amendment compromise the basic care Medicare re- are ones that I think most Members on and giving short debate on my amend- cipients want. both sides agree to. Should we close ment. So the Senator from Kentucky says: the doughnut hole? Well, what is the The ACTING PRESIDENT pro tem- Too big. It is a big government pro- doughnut hole? It is a gap in coverage pore. Is there objection? gram. We need to go step by baby step in Medicare prescription drug coverage Without objection, it is so ordered. here. No. We need to take a look at the for seniors. Should we close that gap? I The clerk will report the amendment. obvious. If we do not address Medicare think we should. That is part of it. The assistant legislative clerk read and reform it the right way, in 9 years Second, should we try to make as follows: it will be in the red, going broke. We health insurance more affordable? Our The Senator from Iowa [Mr. GRASSLEY], for cannot let that happen. Baby steps underlying bill puts almost $450 billion himself, Mr. CRAPO, Mr. ENSIGN, Mr. HATCH, from the other side of the aisle will not in tax cuts on the table for small busi- and Mr. ROBERTS, proposes an amendment take us on this important journey to nesses and for individuals who cannot numbered 3352 to amendment No. 3336. the goal we all share. afford their premiums. The reconcili- Mr. GRASSLEY. I ask unanimous I also wish to say a word about the ation bill will try to make it even more consent that the reading of the amend- deficit. President Obama said to us affordable. ment be dispensed with. when we started this debate: I know Can we help the States with their The ACTING PRESIDENT pro tem- what our goals are, but in reaching Medicaid burdens? We should. In my pore. Without objection, it is so or- those goals, do not add to America’s State of Illinois, in Iowa, and in New dered. debt. We came up with ways to reduce Mexico, Governors are struggling. With (The amendment is printed in the health care costs, to increase taxes on folks on unemployment, more and RECORD of Tuesday, March 2, 2010, people making over $200,000 a year; not more people need Medicaid. We should under ‘‘Text of Amendments.’’) dramatic increases but, in fact, in- help to pay for it. Mr. GRASSLEY. Mr. President, a creases in taxes for them. The Congres- None of these ideas behind reconcili- couple of days ago I stated that I had sional Budget Office says that as a re- ation—and there are other aspects to worked in early February to put to- sult, in the first 10 years, our bill, the them; we are working out details on gether a bipartisan package with my health care reform bill, will reduce the them—is radical. None of them is com- colleague, Finance Committee Chair- deficit by $130 billion, and in the sec- prehensive in terms of changing health man BAUCUS, to address some time-sen- ond 10 years it will reduce it by $1.3 care dramatically in America, but they sitive matters that needed to be con- trillion, the largest deficit reduction in do improve on a bill that has already sidered. So I find it surprising we are the history of the United States. This passed in the Senate. taking up a package this week that, as approach is fiscally sensible, fiscally The Republican leader comes to the was last week’s exercise, is still a par- sound. floor and tells us this is un-American tisan product belonging to the Senate A word before I close—I see my col- and unfair. I couldn’t disagree more. Democratic leadership. We are not tak- league from Iowa is on the floor and I Every time we hear the Republican ing up the bipartisan package I put to- wish to yield to him—about reconcili- side of the aisle say start over, I ask gether with Finance Committee Chair- ation. Senator GRASSLEY is on the Fi- them, how much longer should Amer- man BAUCUS. nance Committee. He has served on ica wait? We have been at this in the The Senate Democratic leadership that committee for a number of years Senate now almost nonstop for over a arbitrarily 2 weeks ago decided to re- and he understands how the Senate year. The Senator from Iowa, Senator place the Baucus-Grassley bipartisan works. When President Reagan wanted GRASSLEY, was part of a bipartisan ef- bill with one that is dramatically dif- to initiate his tax cuts, he used a proc- fort, with Senator BAUCUS, a Democrat, ferent. That partisan package is almost ess called reconciliation. Reconcili- that went through 61 separate meet- three times the size and significantly ation basically says no filibuster; you ings to try to find bipartisan agree- greater in cost than the bipartisan bill come to the floor, you offer your ment, and it didn’t. I salute Senator Senator BAUCUS and I announced on amendments and, ultimately, it is a GRASSLEY and others for trying, but it majority vote. That is what reconcili- didn’t. We had to move forward. February 11. It is unfortunate that the ation says. So should we start over? Should we Democratic leadership failed to ensure So President Reagan used reconcili- give up the things I have talked about? that these critically needed Medicare ation for tax cuts. Speaker Newt Ging- Should we give up this effort to give provisions were extended at the end of rich used reconciliation for his Con- small businesses choice and competi- last year, and then they failed to ex- tract With America. We have used rec- tion? Should we give up on the effort to tend the provisions that had expired in onciliation to create the COBRA pro- make sure we have a fighting chance 2009 for over 2 months. gram to provide health insurance for against insurance companies? Should So, today, this present situation I unemployed workers across America. we give up on the effort of trying to just described brings me to the offering Time and again we have used reconcili- make sure that a substantial number of this amendment. This amendment ation for major issues involving taxes of uninsured Americans have that pro- would ensure that Medicare provisions and revenue. It has been done 21 times tection? Should we give up on the ef- are fully offset, and my amendment in the last couple decades. More often, fort of extending the life of Medicare would also extend the physicians up- it is used by the Republican side of the for 10 years? Should we give up on the date through the end of this year. The aisle than the Democratic side of the effort to reduce our deficit by reducing words ‘‘physician update’’ are directly aisle. To brand this process as some- health care costs, not only for our gov- related to the formula used to deter- how un-American and unfair is to sug- ernment but for businesses and fami- mine Medicare payments to physicians. gest that all of the efforts by the Re- lies? No. We cannot give up. We cannot On February 28, the extension expired publicans to use this process have been give up on America. We cannot give up and physician payments were sched- un-American and unfair. I don’t think on this challenge. I urge my colleagues uled to be cut by 22 percent under the that is true. It wasn’t true then; it to stay the course. existing formula, except just recently isn’t true now. I yield the floor. that was extended so that doesn’t actu- What we have is a bill that has The ACTING PRESIDENT pro tem- ally happen. But this on-again, off- passed the Senate, the health care re- pore. The Senator from Iowa. again situation that doctors are put in

VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.004 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S977 ought to end, and this amendment I language pathology therapy, and occu- A number of other expired provisions offer will make sure that doesn’t hap- pational therapy that a beneficiary can are extended in this package. They in- pen through all of 2010. receive. In other words, the govern- clude improved payments for hospitals, I wish to make very clear this isn’t ment is saying, regardless of how much especially rural hospitals, that rely on just for doctors, even though it affects health care you need in these areas of these provisions just to keep their just doctor payment. These provisions therapy, you can only get up to so doors open. Like many others, these are also essential to the health and much dollar amount. problems are not fixed in the simple 30- well-being of every Medicare bene- Well, laws that have lapsed have al- day bill passed last night. These prob- ficiary. This is the fiscally responsible lowed special cases to be taken care of lems remain. way to extend them. We ought to pay contrary to what the law specifically The impact of a hospital shutting its for them. says on dollar limit. In 2005, the law doors would be especially hard on rural These Medicare provisions have been was changed to provide an exception and underserved areas where hospitals routinely supported by both sides, fully process to these therapy caps for situa- offer the only access to health care. offset, and passed repeatedly in recent tions when additional therapy is medi- We need to pass this critically needed years. Now, of course, it is March 3. cally needed, and that needed protec- and fiscally responsible amendment Medicare beneficiaries around the tion for beneficiaries then expired now. I urge my colleagues to support country are suffering from the Demo- when the doctors fix expired on Decem- it. That is what I have to say on my cratic leader’s decision to abandon the ber 31. Medicare beneficiaries who have amendment. Baucus-Grassley bipartisan package suffered strokes or serious debilitating I would like to take a couple minutes my colleagues and I had worked out injuries such as a hip fracture have sig- to respond to a couple issues that Sen- weeks ago. nificant rehabilitation needs. ator DURBIN brought up. I am not here First, there is the urgently needed So we are in this situation of extend- to refute anything he said but to give physician payment update, and some- ing this doctor fix from month to an addendum to what he said on a cou- times around this town we refer to this month. Situations where patients need ple points. as the doctors fix for short, to fix the this rehabilitation have already ex- One is the use of reconciliation and formula, to bring the formula up to ceeded the caps for 2010. the opposition that I think is pretty date so those 22-percent cuts don’t go Those with the greatest need for unified on this side of the aisle that the into effect. There was a doctors fix at therapy will be the hardest hit. Here, name of the game should not be the end of last year through a 2-month again, with the 30-day extension bill changed. He did not say anything inac- extension that expired, as I said, on having passed last night, this problem curate. But when it comes to reconcili- February 28. So as of March 1, physi- has been only temporarily fixed. This ation on a massive 2,700-page bill that cians and nurses and other health care is another case where Congress is play- we call health care reform—that is a professionals were subject to these se- ing political games with Medicare. partisan bill—the same bill that passed vere cuts of 22 percent. Then, because These should have been taken care of Christmas Eve in this body, never has we get a lot of calls—and my office got at the end of last year, and they could reconciliation been used to reorganize these calls as well—from doctors con- have already been resolved if the Sen- one-sixth of the entire economy. In cerned about how they are going to ate had taken up the original Baucus- other words, about $2.5 trillion out of a Grassley bill instead of replacing it keep their offices open, we now have a $14 trillion economy is being reorga- with a cutback, partisan piece of legis- 30-day extension passed last night so nized by that health care reform bill. lation that the Senate handled last these physician payments that would I say to Senator DURBIN, that is quite year or, one might say, being handled have been a 22-percent cut now, for 3 a bit different than using reconcili- right now with this legislation now on days, won’t take place until, unless we ation for a tax bill or for a Medicare re- the floor of the Senate to which my act, the end of March. That is not a form bill or to save money on certain amendment is being added. entitlement programs. It is like pea- very good way to do business if you Other essential provisions we need to have to worry about a doctor, particu- be looking at for extension are addi- nuts compared to a massive restruc- larly in rural America, keeping their tional payments for mental health turing of one-sixth of the economy. offices open and paying their help, so services. This benefits Medicare bene- That is why we say reconciliation we ought to do it on a more consistent ficiaries in need of mental health coun- should not be used. A second point for not using rec- basis instead of running month to seling, as well as veterans suffering month. from post-traumatic stress and other onciliation is the fact that this bill has These cuts to physician payments disorders since TRICARE is based on been turned down by the vast majority cannot be allowed to occur, and as Medicare rates. of the American people. There is over- damaging as these would be to bene- Another issue concerns additional whelming opposition to this 2,700-page ficiary access to care anywhere, these payments for ambulance services that bill, albeit not overwhelming opposi- cuts are even more disastrous for ac- many ambulance providers need to tion to the issue: Is the present health cess to care in rural America such as in keep their doors open. Those provisions care system adequate and should it be Iowa where Medicare reimbursement is also expired at the end of last year, but changed. I think a slight portion of the already at least 30 percent lower than they were not extended in the 30-day American people would say yes, and I in other areas. bill voted on last night. think most of the 100 Senators would I am appalled that seniors’ access to Another important issue affects com- say yes to that. But for this 2,700-page physicians and needed medical care has munity pharmacies. Pharmacies that bill, 70 percent of the American people been handled this way because of polit- have not gone through the accredita- have said it needs to be started over ical games that are being played by the tion process will soon be forced to turn again with a clean sheet of paper. majority leadership. Should these cuts away Medicare beneficiaries. A provi- Then on the issue he brought up of remain in place, they will have a truly sion in my amendment would ensure extending Medicare for 10 years, that is devastating effect on the ability of sen- that beneficiaries who need vital med- true if you use the double accounting iors to find doctors who take Medicare ical supplies, such as diabetic test in the bill. The Congressional Budget patients. Many beneficiaries have al- strips, canes, nebulizers, and wound Office has stated that it is using double ready been affected by Medicare provi- care products, can continue to have ac- accounting. That is not the way you sions that the Senate Democratic lead- cess to these products through their can intellectually count money twice. ership allowed to expire even last De- community pharmacy. The Congressional Budget Office, in a cember. Many eligible professionals, such as paper I read to the President at the One of the most urgent situations in- physicians, nurse practitioners, phys- summit last week, claims it is double volves limitations that Medicare places ical therapists, and others, have been accounting. That is not the way to do on the amount of certain kinds of specifically exempted from this accred- business. treatments for beneficiaries. Medicare itation requirement. This provision You can extend the viability of any places annual limits on the amount of would also exempt community phar- program by a lot if you are going to outpatient physical therapy, speech macies under certain conditions. count money twice, but you cannot do

VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.005 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S978 CONGRESSIONAL RECORD — SENATE March 3, 2010 that. Some of the problems with the tens of millions of Americans. Among tressed that they are not getting a 2,700-page bill, the American people un- the organizations that are supporting COLA this year. Essentially, what this derstand. That is why they rejected it. this amendment are the AARP, the payment is about is a substitute for a That is why we say reconciliation largest senior group in America; the COLA. It is a 1-year payment, and it is should not be used, and that is why we American Legion, the largest veterans the equivalent of about a 2-percent say we should start over and do things group in America; the Veterans of For- COLA. incrementally. eign Wars; the National Committee to Let me mention the response of some I yield the floor. Preserve Social Security and Medicare; of the veterans organizations. This I suggest the absence of a quorum. the Disabled American Veterans; amendment, importantly, will be help- The ACTING PRESIDENT pro tem- AMVETS and OWL and many other or- ing our disabled veterans. Here is what pore. The clerk will call the roll. ganizations. the VFW said in support of this amend- The legislative clerk proceeded to Money directed to this population ment: call the roll. will go almost immediately into the This year, veterans and seniors will not re- Mr. SANDERS. Mr. President, I ask economy. So when we talk about stim- ceive a COLA. This could not come at a unanimous consent that the order for ulus, I don’t know of a better way to worse time. Your legislation would provide a the quorum call be rescinded. get money out into the economy than one-time check of $250 to 1.4 million vet- The ACTING PRESIDENT pro tem- passing this amendment. erans, 48.9 million Social Security recipi- pore. Without objection, it is so or- I am also very happy and delighted ents, and 5.1 million SSI recipients. We be- dered. that President Obama is very strongly lieve that this will provide some relief to those veterans and seniors living on fixed in- AMENDMENT NO. 3353 supportive of a $250 emergency pay- ment to seniors. As you know, the comes who rely on a COLA to keep up with Mr. SANDERS. Mr. President, the daily living expenses. The VFW commends amendment I want to speak on is No. President has spoken out on this issue, you for concentrating on changes that can 3353. This amendment is extremely he has also included it in his budget, positively impact the lives of others and simple and it is extremely straight- and he has also recommended that it be looks forward to working with you and your forward. included in the underlying legislation staff to ensure passage of this legislation. At a time when millions of senior we are debating today. I thank the Veterans of Foreign Wars citizens, veterans, and persons with Here is what President Obama has for the great work they do and for sup- disabilities have slipped out of the mid- said about this issue: porting this amendment. We appreciate dle class and into poverty; at a time Even as we seek to bring about recovery, their support. when the cost of prescription drugs, we must act on behalf of those hardest hit by Let me quote a letter I recently re- this recession. That is why I am announcing medical care, and heating oil have gone ceived from another organization that through the roof in many parts of our my support for an additional $250 in emer- gency recovery assistance for seniors, vet- has been very strong for many years in country; at a time when millions of erans, and people with disabilities to help fighting for senior citizen rights; that seniors have seen the values of their them make it through these difficult times. is, the National Committee to Preserve pensions, their homes, and their life These payments will provide aid to more Social Security and Medicare. This is savings plummet; at a time—and here than 50 million people in the coming year, what the national committee says: relief that will not only make a difference is the important point—for the first The National Committee strongly urges for them, but for our economy as a whole, time in 36 years, seniors will not be re- you to pass legislation to provide a $250 pay- complementing the tax cuts we’ve provided ceiving a COLA in their Social Secu- ment to our Nation’s seniors who did not re- working families and small businesses rity benefits. ceive a COLA this year. It is vitally impor- through the Recovery Act. This additional tant that we provide help for seniors of mod- The amendment I am offering today assistance will be especially important in est means who have been adversely affected with Senators DODD, LEAHY, SCHUMER, the coming months as countless seniors and by the economic recession and rapidly rising KERRY, WHITEHOUSE, MIKULSKI, others have seen their retirement accounts health care costs. Seniors have been espe- GILLIBRAND, LAUTENBERG, and BEGICH and home values decline as a result of this cially hard hit by the 20 percent to 30 per- economic crisis. will provide over 55 million senior citi- cent decline in the value of employer pen- zens, veterans, and persons with dis- That is the end of the quote by Presi- sions, IRAs and 401(k)s, as well as the steep abilities $250 in much needed emer- dent Obama. I very much appreciate drop in housing values. And, unlike younger gency relief. This $250 emergency pay- the President speaking out and fight- Americans, the elderly are much less likely ment is equivalent to a 2-percent in- ing for senior citizens and the disabled to recover their savings losses due to their crease in benefits for the average So- with regard to this issue. shorter economic horizon. cial Security retiree, and it is, as you I can tell you that just on Monday I That is from the National Committee will recall, the same amount seniors had a meeting with senior citizens and to Preserve Social Security and Medi- received last year as part of the Recov- senior citizens organizations in the care. We very much appreciate their ery Act. In other words, what we are State of Vermont. It was a very dis- support for this amendment. doing now is exactly the same as we tressing meeting. When we talked, for Here is a quote from the AARP, did last year with the Recovery Act. example, about nutrition programs, the which represents over 40 million Amer- I do not know about New Mexico, but Meals on Wheels program or the con- icans, and we very much appreciate I do know that in Vermont, a lot of gregate meals programs by which sen- their support. This is what the AARP senior citizens and disabled veterans iors come to senior citizens centers to says: are wondering this year why they are get a decent lunch, what people are For over three decades, millions of Ameri- not receiving a COLA. They have writ- telling me is that for the first time in cans have counted on annual increases to ten to my office and they are saying to many years, when seniors are asked to help make ends meet. In this economy, hav- me: Hey, I don’t know what you are put money into an envelope—and very ing this protection is even more critical for talking about because my costs have carefully, the senior centers don’t want the financial security of all older Americans. increased over the last year. That is to know what people contribute. They AARP applauds the President for urging Congress to extend for 2010 the $250 economic because, in fact, while inflation may ask for, say, $2 or $3, but people can relief provided to older Americans last year. not have gone up in general, those contribute whatever they want. What The 65-plus population is facing extreme fi- areas elderly people and people who they are noticing now is that more and nancial hardship. Older Americans are pay- have health problems utilize—prescrip- more seniors are putting nothing into ing more out of pocket for medical care, tion drugs, health care, other health- the envelope or maybe just $1. They are have experienced a real decline in their re- related issues—those costs have gone seeing the same process when people tirement accounts and in housing values, up very substantially. I think there is get out in their cars and they deliver face longer periods of unemployment for an awareness all over this country that Meals on Wheels to very fragile and those who need work, and low returns on in- terest bearing accounts. Without relief, mil- we cannot, in the midst of this reces- frail people, often in rural areas, and lions of older Americans will be unable to af- sion, turn our backs on disabled vet- people don’t even have the money, now, ford skyrocketing health care and prescrip- erans and seniors. to even pay $2 for a lunch. tion drug costs as well as other basic neces- This amendment has widespread sup- All over this country, seniors are sities. AARP will continue to work with port from organizations representing hurting. I think they are upset and dis- Members of Congress from both sides of the

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Some peo- reason. projects, such as the Arkansas Valley ple may say $250 is not a lot of money, I used to tell my little girls that Conduit, which languished in the Sen- but the truth is, if you are a senior in ‘‘Alice in Wonderland’’ was just a fairy ate since President Kennedy first the State of Vermont or in any other tale. But now I am not so sure. If you promised it to the people of Colorado. State in this country and your health come from the real world, when you But this funding should be done in the care costs are going up and your pre- get to Washington, to Wonderland, the light of day, completely transparent scription drug costs are going up and logic can seem upside down or inside and accountable, not behind closed your heating bills are going up and you out or just plain wrong. Here, it turns doors, hidden from the American peo- are not getting any COLA this year, out that folks attack you when you do ple. you are in trouble. You are in real not cut backroom deals at the tax- Under my legislation, Members of trouble. I do not want to give any illu- payers’ expense. Here, a lot of people Congress will be required to post every sion that this $250 is going to turn peo- seem to think that saying they are for earmark request they receive and ple’s lives around. It is not. But it is doing something, such as extending un- every request they make for funding. going to make a real difference in giv- employment benefits or passing a jobs But we should not wait for the law to ing people a little bit of support, mak- bill, is exactly the same thing as actu- change. There is no reason to wait for ing their lives just a little bit easier. ally rolling up their sleeves and getting the law to change. We can start doing This is extremely important legisla- it done. They think that blaming fail- this now. tion, and it is important legislation ure on their opponent is the same thing Second, every earmark should be list- that I hope can have widespread bipar- as fighting for real change. ed in earmarks.gov. The Web site tisan support. Coloradans and Americans are read- should be easily searchable and user Once again, I thank all the organiza- ing their papers and watching their friendly. tions that are supporting this amend- televisions, and what they see drives Third, Members of Congress should ment; that is, the AARP, the American them nuts. It should because all they be held accountable for their requests. Legion, the Veterans of Foreign Wars, find are talking heads yelling at each Larger earmark requests should go be- the National Committee to Preserve other on cable news and cynical, reck- fore the Appropriations Committee, Social Security and Medicare, the Dis- less partisanship paralyzing their gov- and we should end airdrops of earmarks abled American Veterans, AMVETS, ernment. This phony political con- in conference committee. and OWL as well. versation will not do when we need real Finally, earmark recipients should be The bottom line is, we are in the change. held accountable. This means ran- midst of a very serious recession. We But Washington cannot seem to get domly auditing earmarks every year are doing our best to try to figure out out of its own way. That is why I will and publishing the results for our con- ways to create the millions of good- introduce legislation to end lobbyist stituents to see. paying jobs working people need. We abuses, reform the ways of the Senate, Next, we need to deal with the chal- are going to pass COBRA to make sure stop the outside influences of special lenge of passing real campaign finance when people lose their jobs they do not interests, and put Washington to work reform that reduces the outside influ- lose their health insurance. We are for the people of Colorado. ence of special interests. I intend to going to extend unemployment bene- First, we need to hold Congress ac- support the bill that Senator SCHUMER fits. But in the middle of all of that, countable. We should freeze the pay and Congressman VAN HOLLEN have put let’s not forget our parents and our and office budgets of every Member of together, and I urge my colleagues to grandparents. Let’s not forget senior Congress until we have four quarters of do the same. citizens and disabled veterans. Let’s job growth. Our salaries and office Finally, we need to reform the insti- pass this amendment. budgets should not go up when the rest tution of the Senate itself. The fili- I yield the floor and suggest the ab- of the country is struggling. Members buster has been used in the Senate for sence of a quorum. of Congress should lose their taxpayer- quite some time. It has been used by The PRESIDING OFFICER (Mr. funded health insurance until we pass the minority to slow down debate, have BURRIS). The clerk will call the roll. health insurance reform. If Congress their voices heard, and, in some cases, The legislative clerk proceeded to cannot get its act together on health stall legislation. call the roll. care, then the American people should I would remind members of my own Mr. BENNET. Mr. President, I ask not subsidize health care for Congress. party that just the threat of a fili- unanimous consent that the order for That goes for Democrats and Repub- buster stopped the privatization of So- the quorum call be rescinded. licans. It turns out the dysfunction in cial Security. However, during this ses- The PRESIDING OFFICER. Without Washington is just another kind of pre- sion of Congress, the right to filibuster objection, it is so ordered. existing condition that allows the in- has been abused. It has become a nor- Mr. BENNET. Mr. President, I ask surance companies to get their way. mal part of business, a way to stall unanimous consent to speak for 15 min- Second, we need real lobbying reform every piece of legislation and simply utes as in morning business. that restores power to the voters. We slow the Senate to a crawl. The PRESIDING OFFICER. Without need to ban Members of Congress from Three months ago, we spent weeks objection, it is so ordered. becoming lobbyists when they leave of- debating the extension of unemploy- REFORMING THE SENATE fice. We need to do something about ment benefits. The bill passed 98 to 0. Mr. BENNET. Mr. President, I would the revolving door between Congress The Senate has spent days, weeks, and like to take a couple of minutes this and K Street. We need stronger rules sometimes months holding up nomi- morning to talk about something that and tighter standards for lobbyist reg- nees who passed with more than 90 not only affects the legislation cur- istration and real penalties for those votes. To add insult to injury, one Sen- rently on the floor but everything we who break the rules. We need to end ator held up the entire Senate, pre- are currently working on in the Sen- the corporate subsidy for Members of venting us from extending unemploy- ate. Congress who fly on corporate jets. ment benefits and COBRA. The country Before coming to the Senate a little Every Member of Congress should pay deserves much better than that. over a year ago, I spent my life in the their fair share and disclose every per- I will introduce legislation that re- real world—the world of business, of son who is on the plane with them. forms Senate procedure to encourage local government, of public schools Third, real reform will not be com- the two parties to work together to get and, most importantly of all, of family. plete without earmark reform. The things done. It will eliminate anony- But since coming to Washington, I people of Colorado pay taxes, and they mous holds. If Senators want to single- have discovered that many people learn deserve a government that works for handedly stop a nominee from being

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It would set a much firmer cap on It is unlikely that we would see a gen- on the motion to proceed. It is one spending. It would make it more dif- uine emergency not being promptly thing to try to block a piece of legisla- ficult to enact spending levels that vio- funded with emergency spending, if the tion; it is another thing to prevent it late the budget. I wish to explain why Nation has to do that. I don’t think from even being debated in the first it is something Members of both par- that is a problem. place. ties can support. What we are saying is, when we have Finally, my legislation would change What we are talking about is moving legislation come up that is not paid the rules of the filibuster to force the beyond the budget caps that are only for, that is not accounted for, a person two parties to actually talk to each good for 1 year and take those budget would be able to make a budget point other and not past each other. The caps, extend them for 4 years and make of order and say: You should not have President reminded us during the State them statutory. It is not something expended moneys at more than a 1-per- of the Union that our job is not to get that can’t be changed. If there is an cent or 2-percent increase in this budg- elected. I have heard the same thing emergency, we can vote to change et account, and I make a budget point from thousands of Coloradans in hun- them. In fact, Congress can, with 60 of order. It would take a two-thirds dreds of living rooms and townhalls. It votes, eliminate the whole statute and vote of the Senate to waive it. It gives is easy to throw our hands up in the air write a new statute, if we believe it is some real teeth to the President’s and wait for someone else to make the too severe. So Congress clearly would budget, the same kind of teeth Presi- big changes we need. But we all know have the ability to act, if it chooses, to dent Clinton had during his time in of- the American people deserve better. I get around these limits on spending. fice, his or the congressional budget know the people of Colorado expect Back in the early 1990s, legislation that was actually passed by the Senate much more. They know the Senate was passed that put a statutory cap on and the House. That budget was en- needs a big dose of Colorado common spending. I have a chart I will show. It forceable. When it was enforceable, we sense. is kind of upside down in a way. This achieved a surplus. I know this is not easy. I know there shows the deficits in the early 1990s. Let’s be frank. It will be more dif- are 100 different reasons, maybe 1,000 This is when we passed the legislation, ficult today to achieve a budget sur- different reasons. Some will say: We the statutory cap on spending. The plus than in the 1990s. We have a lot of cannot get this done. But I also know deficits went down until we hit surplus different factors at work here. One of our country needs a government that for 4 years in the late 1990s, early 2000. them is that the deficit is so much works for them. I hope my colleagues Then this statutory cap expired. larger, and we have some real problems from both sides of the aisle will work That is when deficits started going up, getting there. But we have to begin. with me and others to make sure we and they are continuing to rise. Last You say: Well, you have a budget. get it done. year’s deficit was three times this Why is this a problem? Why can’t you I yield the floor, and I suggest the ab- amount from the year before—three use your budget point of order and stop sence of a quorum. times that amount—one thousand four spending and contain it through a rate The PRESIDING OFFICER. The hundred billion in debt last year, and it close to inflation and lower rates than clerk will call the roll. is expected to be one thousand five we have seen in the past? The assistant legislative clerk pro- hundred billion in deficit this year, for It didn’t work last year. This chart is ceeded to call the roll. 1 year. This is an unsustainable path. the 2010 base increases in the year we Mr. SESSIONS. Mr. President, I ask This is a proven technique to gain are in today, the fiscal year 2010. It unanimous consent that the order for control of spending. Why it was al- shows you how spending has increased. the quorum call be rescinded. lowed to expire and not extended in The chart I have does not include the The PRESIDING OFFICER (Mr. BEN- 2002, I do not know. I know a number of breathtakingly huge $800 billion stim- NET.) Without objection, it is so or- people argued that it should be kept, ulus bill. Each one of these accounts dered. and it was not. got money out of that bill. I haven’t AMENDMENT NO. 3337 Secondly, what is the cap? What even included those amounts. But look Mr. SESSIONS. Mr. President, we would it be? The limit we would place what we did the year we are in. The have been talking about having a bi- on spending would be the amount budget had levels below this, but even- partisan effort to rein in spending and President Obama asked for in his budg- tually this is what we passed: Foreign some of the things that we can do in et. It is 1 to 2 percent in the spending operations, foreign aid, State Depart- that regard. So I am pleased to share a accounts. If you went above that, you ment got a 32.8-percent increase. Inte- few thoughts today on the legislation would have to have a serious bipartisan rior Department got a 16.6-percent in- that my Democratic colleague, CLAIRE vote of two-thirds to break that cap crease. CJS, Commerce-Justice-State, MCCASKILL of Missouri, and I have of- the President has set as the proper is a 12.3-percent increase. THUD, fered that would ensure that we show goal. Parenthetically, since the Presi- Transportation, Housing and Urban De- some fiscal discipline in our spending dent submitted that budget, he has in- velopment, received a 23-percent in- habits. dicated he wishes to see a freeze on crease. Agriculture received a 14.5-per- It is not a dramatic change in what spending, on nondefense discretionary cent increase. Defense, the lowest one, we should be doing and what I think we accounts, a flat freeze. I would be sup- received a 4.1-percent increase. All of can do, but I think it is an action that portive of that. I would support the these are well above the inflation rate. would send a message to the financial President in that. First, if we can get a What I am saying is, this is markets in the world that we are be- hard limit on the 1 to 2-percent in- unsustainable. Every witness we have ginning to get the message from our crease, we believe we will have done had at the Budget Committee hearing, constituents that this recklessness and something worthwhile. Democrats and Republicans, Brookings this kind of spending cannot continue. How would this work? If somebody and Heritage Foundation, all of them Our legislation received bipartisan came in and proposed spending levels are saying: This is an unsustainable support last time. Fifty-six Senators that exceeded the specific budgetary course. It has the potential to threaten voted for it, which is a pretty good limits as set by President Obama’s our economy and our political future. number. But you do need to get 60 budget, it could only be surpassed by One of the witnesses recently said: votes to pass the legislation. I think waiving the statutory cap. That takes When you run up debts, such as we are this time, with our new colleague from a two-thirds vote. This would have doing today, and you get to the very Massachusetts, we might be at 57 or 58, some teeth to it. We have gone back top of the amount of debt this Nation and at this point, I think others may and checked. For the last 30 years and can carry—and we are heading to that

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It would spending, the British economy is far that is possible. give us a proven ability to contain larger and would have an even greater This isn’t the final word, but it would spending and get us beginning on the impact. We are not far behind. In fact, send a message to the world, to Wall right track. in some ways we are ahead of the Brits Street, and to our constituents that we I yield the floor. in the amount of money we are spend- hear their concerns. We are going to The PRESIDING OFFICER. The Sen- take firm steps. We are not going to be ing and the amount of debt we are ac- ator from Kentucky. cumulating. We are threatening our waltzing in here every week or two economy, if we don’t watch it, in a way with some other bill that is not paid AMENDMENTS NOS. 3360 AND 3361 TO AMENDMENT that we can’t anticipate. for and treating it as an emergency and NO. 3336 There were some private prognos- increasing our debt. (Purpose: To offset the cost of the bill) ticators who predicted the dramatic I see Senator BUNNING. A lot of peo- (Purpose: To provide additional offsets) events of 2007 and 2008, when we had ple didn’t understand what it was he Mr. BUNNING. Mr. President, I ask the Wall Street collapse and the finan- objected to with regard to the bill con- unanimous consent that the pending cial collapse. Some people saw the bal- taining unemployment insurance. The amendments be set aside so I can call loon that was rising and predicted bad legislation that came up essentially de- up my two amendments which are at things would happen. But none of our clared that this was an emergency, the desk. leaders did. Mr. Bernanke is supposed that we are going to spend another $10 The PRESIDING OFFICER. Without to be so great and they brag about him. billion on top of the budget amounts, objection, it is so ordered. The clerk If he is so smart, where was he when all and the budget would not apply to it. will report the amendments. that happened? Our people are suf- Every bit of that would have to be fi- fering today because of bad decisions. nanced by borrowing on the world mar- The assistant legislative clerk read I have a simple view. That is, nothing ket. Senator BUNNING said: I am willing as follows: comes from nothing, and nothing ever to support an unemployment insurance The Senator from Kentucky [Mr. BUNNING] could. Everything you take today, extension, but I wish to start paying proposes amendments numbered 3360 and 3361 somebody has paid for and bought. If for it for a change and end this cycle of to amendment No. 3336 en bloc. you don’t have the money today and increasing debt and the ease by which Mr. BUNNING. Mr. President, I ask you grasp something of value, some- we go about it. unanimous consent that reading of the body is paying for it. In our case, we We are in a big battle right now. Let amendments be dispensed with. are borrowing the money. me say a bipartisan word about my leg- The PRESIDING OFFICER. Without We can do better. We did better in islation. Because there is so much in- objection, it is so ordered. the 1990s. We are not going to be able tensity this year about our spending, (The amendments are printed in to- to slash spending in record amounts, Senator MCCASKILL and I have altered day’s RECORD under ‘‘Text of Amend- but in some of our accounts, we abso- the legislation from the one we voted ments.’’) lutely could eliminate spending. Some on a few weeks ago that got 56 votes, 17 of the government programs have been Democrats voting for it. We have al- Mr. BUNNING. Mr. President, anyone independently evaluated as being not tered it so it begins next year. So we who has paid attention to the floor of worth the money we are spending on will have this fight this year and each the Senate for the last week knows them. They should be ended. We should bill will have its own battle. We will what my amendments are about. I am not be spending money on a program have our own votes over it, but it only offering Senators two ways to pay for that doesn’t produce a return worthy of applies to next year. I think that is a this spending bill. the investment we are putting into it. good-faith way to reach-out to our col- First of all, I would like to submit Even if we call it a jobs bill, if we are leagues and say: Let’s at least do that. for the RECORD the CBO scoring of this going to help people have jobs, if it Let’s at least take the caps that we put current bill that is before us—both the doesn’t produce jobs, how can we spend in place as part of our budget, as part scoring and the offsets. I ask unani- money on it? We need to be more vig- of President Obama’s budget, and let’s mous consent that they be printed in orous in analyzing it. put them into effect. We will start it the RECORD. Please look at this amendment. A next year. There being no objection, the mate- few more votes and we could have a bi- If we go above that and somebody has rial was ordered to be printed in the partisan statement that we are going an idea of going above it, it won’t be so RECORD, as follows:

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VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.002 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE Insert offset folio 52/C2 here ES03MR10.002 S984 CONGRESSIONAL RECORD — SENATE March 3, 2010 Mr. BUNNING. The first amendment Last night, I thought we had a deal America. End the Overseas Private In- is to use unspent stimulus funds and worked out to give me an up-or-down vestment Corporation, $52 million. The the second is by shutting down unnec- vote on my amendment to pay for the Overseas Private Investment Corpora- essary or duplicate Federal programs. short-term extender bill. Instead, one tion loans private U.S. companies fund- In other words, I am saying we should Senator raised a budget point of order ing for foreign investments and insur- use money we have already set aside against the amendment, and I expect ance. The U.S. Trade and Development that has not been spent or eliminate someone will try to do the same thing Agency does the very same thing. wasteful spending to pay for the bene- today with my amendments. That was Another is to eliminate $28 million in fits that are in this current bill. her right as a Senator, but it is cer- the Department of Transportation that Over the last few days, many Sen- tainly not within the spirit of the has been directed at transportation ators on the other side of the aisle have agreement I tried to reach to find a museums—museums. I do not think we come to the floor and said unemploy- way forward on these important pro- should be building new museums with ment benefits are the best form of grams. Department of Transportation funds. I stimulus available. They say the fami- But I think the larger question raised think we should be building roads. lies who are getting those benefits turn by that move is, What are the 53 Sen- Those are just a few examples of around and spend the money imme- ators who voted to block my amend- some of the rescissions I would like to diately. Well, if that is true, I cannot ment afraid of? Are they afraid the see in the second amendment I have of- think of a better use of the money from Senate might pay for something we do? fered today. I think there will be ample last year’s so-called stimulus bill. Why Are they afraid we might take a step time to discuss these later on, but I leave that money sitting around un- toward balancing the Federal budget? wanted to make sure we offered these used in a government account some- Are they afraid we will bring Wash- amendments early on so we could have where when those funds could get into ington spending, which is out of con- a good and thorough debate on these the hands of people who need them the trol, just a little bit under control and programs as this bill proceeds through most and will put them into the econ- live under the same rules as ordinary the Senate. omy right away? What is so sacred American families? I thank the Presiding Officer and about the stimulus bill that we should Is it too much to ask that we pay for yield the floor. keep that money sitting around until what we spend? Last night, 53 Senators AMENDMENT NO. 3356 it can be spent later this year or next said yes, it is too much to ask for. But Mrs. MURRAY. Mr. President, I rise year or even in 2012 and beyond? Why I think it is not. Today, every Senator this morning because I am offering an not help the people now? will have an opportunity to join me in amendment on youth summer jobs that But for the Senators who think the will build on and extend the extremely stimulus money is so sacred that it saying it is not too much to ask or successful summer jobs program we in- cannot be touched, I am proposing an- they can vote against my amendments cluded in last year’s Recovery Act. other way to pay for this bill. Senator and add another $100 billion-plus to the national debt. That is the emergency Last summer’s program put over COBURN, my colleague from Oklahoma, 313,000 young people to work and pro- has identified well more than $120 bil- spending in this present bill—over $100 vided a much needed shot in the arm to lion worth of savings from waste, billion. So that goes onto the bottom them, their families, and businesses fraud, and abuse. These savings include line of the Federal debt. closing the Federal employee tax gap; I urge every Senator to vote for my and communities around the country. I that is, making sure all Federal em- amendments to pay for this spending, have personally heard stories from ployees pay all the taxes they owe, and to put away the taxpayers’ credit card, young men and women who partici- stopping the payment of benefits to and to put an end to the debt madness. pated in the program who told me how people and companies that are not en- I have examples of those spending re- much it changed their lives and gave titled to those benefits. scissions. them the skills and the experience they The amendment would also be paid As an example, there is $245 million know they need to exceed in school and for by ending Federal programs that from congressional office budgets, to in the workforce. That is why, while we are no longer needed or duplicates of end some of the perks congressional are focusing on legislation that will other government programs and mak- leadership and congressional offices support unemployed Americans and ing existing programs run more effi- have; to end the Forest Service Eco- help workers get back on the job, we ciently. I think the President’s budget nomic Action Program, $5 million. I should also continue investing in a suc- itself has hit on many of those pro- think the President put this in his cessful program that helps our young grams he would like to see eliminated budget. The program duplicates an ex- people get to work. or partially eliminated. I think it is isting USDA program—Urban and Com- The amendment I am offering today safe to call that wasteful spending, and munity Forestry—that has been poorly will provide $1.5 billion through the I think the taxpayers who are footing managed. Workforce Investment Act to create the bill for those programs would Another is to end the Public Tele- 500,000 temporary jobs for young people agree. communications Facilities Grant Pro- across the country. It will invest in Families all across America have to gram, $18 million. I am positive this critically needed employment and tighten their budgets when times get was in the President’s budget. This learning programs that will help stim- tough, and government should do the program is intended to help public ulate our local economies while pro- same. That is all I am trying to do broadcasting stations construct viding meaningful short-term work and with these two amendments. telecom facilities. Since the transition learning experiences for the young peo- I am sure some will accuse me of to digital broadcasting has been com- ple who really need it the most. being against the programs in this bill. pleted, there is no more need for this In addition to the summer jobs pro- But the record should be clear by now program. gram, this amendment also supports that I support helping people in their On down the line—end HUD’s year-round employment and longer time of need. In fact, every Member of Brownfields Economic Development term efforts to help our young people the Senate who was able to make the Initiative, $17 million; reduce the his- obtain a postsecondary degree or cre- votes last night supported extension of toric preservation services within the dential. those benefits, either in my pay-for Interior Department by $55 million. Growing up, I had every different version or in the version that added to This is a grant program duplicated by kind of summer job you can ever imag- the debt. My amendments are not other programs at the Interior Depart- ine. I started out working in my fa- about whether we should extend these ment. ther’s five-and-ten-cent store on Main programs. No. My amendments are This is one I am very familiar with Street in Bothell, and, along with my about whether we should pay for ex- because when I was in the House, we brothers and sisters, I did everything tending these programs or whether we thought this was a necessary program from stocking the shelves, to working should keep piling more debt on top of to put our economic footing on foreign the cash register, to sweeping the floor. the $14 trillion-plus debt we have al- soil, the same as other foreign-based Later on, I worked at a summer job at ready. I think the answer is very clear. companies did when they came to Sacajawea State Park in Pasco, where

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Act and under the leadership of a great they need to put them on a better path Looking back, I can tell that each CEO, Marlena Sessions, they were able to success in school and life. Yes, by one of those jobs I held as a young per- to provide 900 young people with sum- the way, they will be spending those son helped me in a very unique way. mer work experience. Nine hundred paychecks and contributing to our eco- Each one of them taught me skills and young people in King County last sum- nomic recovery. lessons I have been able to use mer had the opportunity to produc- I urge our colleagues to support this throughout my life. Those jobs taught tively engage in their community and amendment. The underlying bill we are me everything from the value of hard avoid that high risk in criminal activ- considering today is going to help mil- work to the daily challenges of running ity we worry about and, importantly, lions of families across the country a small business, how to dress and act learn the 21st century skills employers who need some help right now getting in a professional work setting, but, value, such as critical thinking and back on their feet. This amendment most of all, those jobs helped me be ex- teamwork and problem solving and will help young people across this posed to new experiences and new peo- communication. country start their professional lives ple and new challenges. In fact, my One of those participants in King by firmly planting them on moving to- time working at the Seattle VA that County was a young man named Ryan. ward a successful, productive, and ful- summer gave me an appreciation of our He spent his summer last year working filling career. I hope all our colleagues veterans and health care workers that at a maritime supply company in Se- take the time to think back and think has driven me to fight for them every attle, a company called Washington about what happened to them and peo- single day I am in the Senate now. Chain. Ryan had gotten into a lot of ple they know in their lives, where It is not just me. Summer jobs have trouble in his life in the past. He was they had a summer job experience that been proven to teach skills and life les- actually on work release from prison. helped set them on a path they may sons for everyone. Studies have shown He didn’t have many of the skills em- have never thought available to them that people who get early work experi- ployers are looking for in employees, and that it is our responsibility, in this ence as teenagers make more money as so he went out and applied for job after Chamber, to now provide that same op- adults. In fact, early work experience job, fast food restaurants and more of portunity for young people who are fol- has been shown to raise earnings 10 to the same. He actually put out 200 appli- lowing in our footsteps. 20 percent over a lifetime. cations in total without a single one Thank you. I yield the floor. However, as we all know, today teens willing to take a chance on him after The PRESIDING OFFICER. The Sen- are finding it especially difficult to they found out about his record. ator from California. find a job. Over the past 2 years, the Well, Ryan heard about the Seattle Mrs. BOXER. Mr. President, first, I number of employed teens in the King County Summer Jobs program, wish to thank Senator THUNE. He gave United States has declined by nearly 25 and you know what. It changed his life. me permission to speak before him. I percent, and their overall employment Ryan was accepted into a program that will be brief in my strong support for rate fell to a new post-World War II low was a partnership between a youth the Murray amendment to provide $1.5 of 25 percent by the end of last year, service provider and a community col- billion for youth jobs programs more than 18 percentage points below lege. He spent 3 weeks in class, fol- through the Workforce Investment Act the rate in 2000. In fact, the total pro- lowed by 3 weeks in a paid internship for summer and year-round employ- portion of young people who were em- at Washington Chain. The company ment. ployed last July, the traditional peak wasn’t planning on hiring any new full- This amendment will help create up time for youth jobs, was only 51.4 per- time employees, but at the end of last to 500,000 temporary jobs for young cent. That is the lowest July rate on summer, this experience changed Ryan people. record. so much and they were so impressed We know the youth jobs program Today, with families who are cutting with Ryan and his work capability that works. Funds included in the Recovery their spending so they can pay their the company found a full-time job for Act for youth jobs provided over 300,000 bills and businesses having to freeze him. It was a real job for Ryan, with a young adults with employment oppor- hirings so they can pay theirs, that decent salary and good benefits and a tunities last summer, stimulating local means even fewer jobs for young people future. For the first time in his life, economies all across the country. today. Ryan was able to take pride in his Young adults who work not only help I don’t think we should forget teen work and finally support himself and supplement family incomes, they also jobs will help stimulate our local his young children. spend the money they earn in their economies because, as anybody who After the program was over, Ryan communities. According to the North- has had a teenager at home knows, said the program was ‘‘one of the best eastern University Center for Labor young people are a lot more likely to things that ever happened to me.’’ His Market Studies, every dollar earned by spend their paychecks in their commu- boss at Washington Chain said the a young adult returns $3 to the local nities than pocket them. When a young company was lucky to find Ryan. He economy. person does, in fact, save their wages, said Ryan had been ‘‘willing to do just Youth jobs programs also help dis- oftentimes they are saving for college about everything we have asked him.’’ advantaged young adults become ac- or making a critical contribution to The summer jobs program we passed tive members of their communities. their families in this very difficult last year gave Ryan and many more The many local workforce invest- time. like him an opportunity they would ment groups in my State of California Sometimes I hear people talk about not otherwise have had. It is a new not only provide disadvantaged young these big national programs and too lease on life for him, and doors opened adults with short-term employment, often forget there are real people being to him that had always been closed to they also offer job training and men- impacted, real families being helped, him. Ryan is far from alone. There are toring programs, help them advance and real young people being offered hundreds of thousands of young people their careers with educational opportu- such an important helping hand. I around the country whose lives were nities, and teach critical life skills. wished to share with everyone a story changed by the experiences they had We also know right now there are not about what this funding meant for a last summer. enough work opportunities for teens program in King County, WA, last year So if this amendment I am offering and young adults. The unemployment for a young man who had the oppor- today passes, there will be 500,000 more rate for 16- to 19-year-olds is above 25 tunity to participate because of the by this time next year. Five hundred percent. For 16 to 19-year-old African funding we provided last year. thousand young people will be pro- Americans, the unemployment rate is

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The Placer Herald From start to finish, the students were Without objection, the amendment is reported that last summer the Golden deeply involved, Mauser said. so modified. ‘‘Everybody worked as a team on this Sierra Investment Board worked with one,’’ she said. The amendment, as modified, is as 23 disadvantaged teens in Rocklin, CA, Last week, the students were in the last follows: to construct a permanent storage facil- stages, finishing up the drywall and getting At the end, insert the following: ready to paint the interior. Whitney High ity at a local high school. The partici- TITLE ——ADDITIONAL BUSINESS TAX School student Mike Mello said although pants helped design the facility using RELIEF computer design technologies. They he’d never been part of a construction Subtitle A—General Provisions built the mainframe, painted and dry- project, it is something he has enjoyed. ‘‘This is fun,’’ he said. ‘‘I like working with SEC. —01. PERMANENT INCREASE IN LIMITA- walled and installed solar lighting. my hands, being out in the field.’’ TIONS ON EXPENSING OF CERTAIN Without Recovery Act youth job funds, Rocklin High School student John Wong DEPRECIABLE BUSINESS ASSETS. this program wouldn’t have been pos- has a four-mile commute on his bike to get (a) PERMANENT INCREASE.—Subsection (b) sible. to the project site everyday, but has been of section 179 is amended— I ask unanimous consent to have dedicated, Mauser said. (1) by striking ‘‘$25,000’’ and all that fol- His father owns a door company, so he’s printed in the RECORD the article from lows in paragraph (1) and inserting been around construction before and may ‘‘$500,000.’’, the Rocklin, CA, Placer Herald. It is a pursue a career in the construction field, he wonderful story about the high school (2) by striking ‘‘$200,000’’ and all that fol- said. This hands-on opportunity may have lows in paragraph (2) and inserting students taking on this building aided his future career. ‘‘$2,000,000’’, Construction of the space was complete project. (3) by striking ‘‘after 2007 and before 2011, Wednesday and the students will be recog- There being no objection, the mate- the $120,000 and $500,000’’ in paragraph (5)(A) nized at the Rocklin Unified School District rial was ordered to be printed in the and inserting ‘‘after 2009, the $500,000 and the school board meeting Aug. 5. RECORD, as follows: $2,000,000’’, Mrs. BOXER. So this amendment is [From the Placer Herald, July 30, 2009] (4) by striking ‘‘2006’’ in paragraph very important. As our economy con- (5)(A)(ii) and inserting ‘‘2008’’, and HIGH SCHOOL STUDENTS TAKE ON BUILDING tinues to recover, we all know jobs are (5) by striking paragraph (7). PROJECT lagging. We need to do all we can to try (b) PERMANENT EXPENSING OF COMPUTER (By Lauren Weber) to replicate what happened in Rocklin, SOFTWARE.—Section 179(d)(1)(A)(ii) is amend- With a little strength, time and sweat, a CA. ed by striking ‘‘and before 2011’’. group of youth from Rocklin have created a When you give a young person oppor- (c) EFFECTIVE DATE.—The amendments permanent structure for Whitney High tunity, a job opportunity, I think it made by subsections (b) and (c) shall apply to taxable years beginning after December School. stays with them the rest of their life. I It took more than 200 hours of service, but 31, 2008. remember the jobs I held when I was a 23 teens built a 24-by-48-foot storage center SEC. —02. EXTENSION OF ADDITIONAL FIRST- to house the ground’s equipment for the teenager. One gave me a sense of self YEAR DEPRECIATION FOR 50 PER- school. The hands-on project had the stu- that I could help the company I was CENT OF THE BASIS OF CERTAIN dents framing the structure, installing solar working for. I did many different jobs QUALIFIED PROPERTY. lighting, putting up dry walls and painting as a youngster in the summer. I was (a) IN GENERAL.—Paragraph (2) of section the exterior green. very fortunate to have that experience 168(k), as amended by the American Recov- ‘‘They really did this from the ground up,’’ that I brought to other jobs later in my ery and Reinvestment Tax Act of 2009, is said Sherry Mauser, Whitney High School as- amended— career. (1) by striking ‘‘January 1, 2011’’ in sub- sistant principal. So this amendment will create up to Mauser oversaw the process and was in- paragraph (A)(iv) and inserting ‘‘January 1, strumental in getting the $25,000 grant that 500,000 summer jobs. It will strengthen 2012’’, and funded the project. She contacted Golden Si- local economies. (2) by striking ‘‘January 1, 2010’’ each place erra, an employment and training service for I do thank Senator MURRAY and the it appears and inserting ‘‘January 1, 2011’’. people in Placer, Alpine and El Dorado coun- other cosponsors in the Senate. In clos- (b) CONFORMING AMENDMENTS.— ties and a partnership was formed. ing, I wish to acknowledge Congress- (1) The heading for subsection (k) of sec- Sharon Williams, a summer youth coordi- woman BARBARA LEE and the Congres- tion 168, as amended by the American Recov- nator for Golden Sierra, said President sional Black Caucus, who are leading ery and Reinvestment Tax Act of 2009, is Barack Obama’s stimulus project gave the fight in the House to support crit- amended by striking ‘‘JANUARY 1, 2010’’ and money for summer programs. ical youth job programs for our dis- inserting ‘‘JANUARY 1, 2011’’. (2) The heading for clause (ii) of section ‘‘They encouraged the agencies to get bids advantaged young people. When I on either in-school projects or some of our 168(k)(2)(B), as so amended, is amended by projects are out-of-school projects,’’ Wil- talked to Congresswoman LEE, she striking ‘‘PRE-JANUARY 1, 2010’’ and inserting liams said. said: BARBARA, can you do something ‘‘PRE-JANUARY 1, 2011’’. The grant went toward the purchase of ma- in the Senate. I remembered Senator (3) Subparagraph (D) of section 168(k)(4) is terials, safety equipment like hard hats and MURRAY had this bill, and I called Sen- amended by striking ‘‘and’’ at the end of salaries for the adults on-site, Mauser said. ator MURRAY. We have this amendment clause (ii), by striking the period at the end The district also contributed some money here. I think the fact that it has been of clause (iii) and inserting a comma, and by from their facilities fund for the construc- offered early in this bill is good be- adding at the end the following new clauses: tion of a larger building. cause this is something we can do for ‘‘(iv) ‘January 1, 2011’ shall be substituted The teens are paid as well and for many it for ‘January 1, 2012’ in subparagraph (A)(iv) was their first job. our young people. They want so much thereof, and ‘‘It’s been a real learning project for these to get job experience. They are strug- ‘‘(v) ‘January 1, 2010’ shall be substituted kids,’’ Williams said. gling so much in this recession. for ‘January 1, 2011’ each place it appears in Williams was on-site to also oversee that I wish to congratulate Senator MUR- subparagraph (A) thereof.’’. child labor laws were upheld, such as no one RAY and the other cosponsors. I hope (4) Subparagraph (B) of section 168(l)(5), as under 18-years-old on the ladder. we have strong bipartisan support for so amended, is amended by striking ‘‘Janu- Many of the students, both from Rocklin this amendment. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. and Whitney high schools, had never taken Again, I thank Senator THUNE for al- (5) Subparagraph (C) of section 168(n)(2), as on construction jobs before. But with a little lowing me to speak, and I yield the so amended, is amended by striking ‘‘Janu- assistance from experts, they became knowl- floor. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. edgable in Computer-Aided Design drawings, The PRESIDING OFFICER. The Sen- (6) Subparagraph (D) of section 1400L(b)(2) how to put up dry wall and build the frame. is amended by striking ‘‘January 1, 2010’’ and Kyle Balance, 19, and a recent Whitney ator from South Dakota. inserting ‘‘January 1, 2011’’. High School grad, said his favorite aspect of AMENDMENT NO. 3338, AS MODIFIED (7) Subparagraph (B) of section 1400N(d)(3), the project was the framing and said he was Mr. THUNE. Mr. President, I have an as so amended, is amended by striking ‘‘Jan- impressed with how quickly it went up. amendment I introduced yesterday at uary 1, 2010’’ and inserting ‘‘January 1, 2011’’.

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(c) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—In the case of any tax- ‘‘(B) EXCEPTIONS.—The following shall not made by this section shall apply to property able year beginning after 2010, the $15,000,000 be treated as income of an eligible small placed in service after December 31, 2009. amount in subsection (b)(1)(A), the $75,000,000 business for purposes of subparagraph (A): SEC. —03. INCREASED EXCLUSION AND OTHER amount in subsection (d)(1)(A), and the ‘‘(i) Any income which is attributable to MODIFICATIONS APPLICABLE TO $75,000,000 amount in subsection (d)(1)(B) any property described in section 1400N(p)(3). QUALIFIED SMALL BUSINESS STOCK. shall each be increased by an amount equal ‘‘(ii) Any income which is attributable to (a) INCREASED EXCLUSION.— to— the ownership or management of any profes- (1) IN GENERAL.—Subsection (a) of section ‘‘(A) such dollar amount, multiplied by sional sports team. 1202 is amended to read as follows: ‘‘(B) the cost of living adjustment deter- ‘‘(iii) Any income which is attributable to ‘‘(a) EXCLUSION.— mined under section 1(f)(3) for the calendar a trade or business described in subpara- ‘‘(1) IN GENERAL.—In the case of a taxpayer year in which the taxable year begins, deter- graph (B) of section 1202(e)(3). other than a corporation, gross income shall mined by substituting ‘calendar year 2009’ ‘‘(iv) Any income which is attributable to not include the applicable percentage of any for ‘calendar year 1992’ in subparagraph (B) any property with respect to which records gain from the sale or exchange of qualified thereof. are required to be maintained under section small business stock held for more than 5 ‘‘(2) ROUNDING.—If any amount as adjusted 2257 of title 18, United States Code. years. under paragraph (1) is not a multiple of ‘‘(C) ALLOCATION RULES, ETC.—Rules simi- ‘‘(2) APPLICABLE PERCENTAGE.—For pur- $1,000,000 such amount shall be rounded to lar to the rules of paragraphs (2), (3), (4)(D), poses of paragraph (1), the applicable per- the next lowest multiple of $1,000,000.’’. and (7) of subsection (c) shall apply for pur- centage is— (f) EFFECTIVE DATES.— poses of this paragraph. ‘‘(A) 50 percent, in the case of stock issued (1) IN GENERAL.—The amendments made by ‘‘(3) SPECIAL RULES.—Except as otherwise after August 10, 1993, and on or before Feb- subsections (a), (b), and (d) shall apply to provided by the Secretary, rules similar to ruary 18, 2009, stock acquired after the date of the enact- the rules of subsection (d) shall apply for ‘‘(B) 75 percent, in the case of stock issued ment of this Act. purposes of this subsection.’’. after February 18, 2009, and on or before the (2) LIMITATION; INFLATION ADJUSTMENT.— (c) CONFORMING AMENDMENT.—Section date of the enactment of the American The amendments made by subsections (c) 199(a)(2) is amended by striking ‘‘paragraph Workers, State, and Business Relief Act of and (e) shall apply to taxable years ending (1)’’ and inserting ‘‘paragraph (1)(A)’’. 2010, and after the date of the enactment of this Act. (d) EFFECTIVE DATE.—The amendments ‘‘(C) 100 percent, in the case of stock issued made by this section shall apply to taxable SEC. —04. DEDUCTION FOR ELIGIBLE SMALL after the date of the enactment of the Amer- years beginning after December 31, 2009. ican Workers, State, and Business Relief Act BUSINESS INCOME. SEC. —05. NONAPPLICATION OF CERTAIN LABOR N ENERAL of 2010. (a) I G .—Paragraph (1) of section STANDARDS TO PROJECTS FI- ‘‘(3) EMPOWERMENT ZONE BUSINESSES.— 199(a) is amended to read as follows: NANCED BY THE AMERICAN RECOV- ‘‘(A) IN GENERAL.—In the case of qualified ‘‘(1) IN GENERAL.—There shall be allowed as ERY AND REINVESTMENT ACT. small business stock acquired after Decem- a deduction an amount equal to the sum of— (a) TAX-FAVORED BONDS.—Section 1601 of ber 21, 2000, and on or before February 18, ‘‘(A) 9 percent of the lesser of— the American Recovery and Reinvestment 2009, in a corporation which is a qualified ‘‘(i) the qualified production activities in- Tax Act of 2009 is hereby repealed. business entity (as defined in section come of the taxpayer for the taxable year, or (b) STIMULUS PROJECTS.— 1397C(b)) during substantially all of the tax- ‘‘(ii) taxable income (determined without (1) IN GENERAL.—Notwithstanding any payer’s holding period for such stock, para- regard to this section) for the taxable year, other provision of law, subchapter IV of graph (2)(A) shall be applied by substituting and chapter 31 of title 40, United States Code, ‘60 percent’ for ‘50 percent’. ‘‘(B) in the case of an eligible small busi- shall not apply to any project funded di- ‘‘(B) CERTAIN RULES TO APPLY.—Rules simi- ness for any taxable year beginning after rectly by or assisted in whole or in part by lar to the rules of paragraphs (5) and (7) of 2009, 20 percent of the lesser of— and through the Federal Government pursu- section 1400B(b) shall apply for purposes of ‘‘(i) the eligible small business income of ant to the American Recovery and Reinvest- this paragraph. the taxpayer for the taxable year, or ment Act of 2009. ‘‘(C) GAIN AFTER 2014 NOT QUALIFIED.—Sub- ‘‘(ii) taxable income (determined without (2) CONFORMING AMENDMENT.—Section 1606 paragraph (A) shall not apply to gain attrib- regard to this section) for the taxable year.’’. of division A of the American Recovery and utable to periods after December 31, 2014. (b) ELIGIBLE SMALL BUSINESS; ELIGIBLE Reinvestment Act of 2009 is hereby repealed. ‘‘(D) TREATMENT OF DC ZONE.—The District SMALL BUSINESS INCOME.—Section 199 is (3) EFFECTIVE DATE.—This subsection shall of Columbia Enterprise Zone shall not be amended by adding at the end the following apply to contracts entered into after the treated as an empowerment zone for pur- new subsection: date of the enactment of this Act. poses of this paragraph.’’. ‘‘(e) ELIGIBLE SMALL BUSINESS; ELIGIBLE Subtitle B—Transfer of Stimulus Funds (2) CONFORMING AMENDMENTS.— SMALL BUSINESS INCOME.— SEC. —11. TRANSFER OF STIMULUS FUNDS. (A) The heading for section 1202 is amended ‘‘(1) ELIGIBLE SMALL BUSINESS.—For pur- Notwithstanding section 5 of the American by striking ‘‘PARTIAL’’. poses of this section, the term ‘eligible small Recovery and Reinvestment Act of 2009 (Pub. (B) The item relating to section 1202 in the business’ means, with respect to any taxable Law 111–5), from the amounts appropriated table of sections for part I of subchapter P of year— or made available and remaining unobligated chapter 1 is amended by striking ‘‘Partial ex- ‘‘(A) a corporation the stock of which is under such Act, the Director of the Office of clusion’’ and inserting ‘‘Exclusion’’. not publicly traded, or Management and Budget shall transfer from (C) Section 1223(13) is amended by striking ‘‘(B) a partnership, ‘‘1202(a)(2),’’. time to time to the general fund of the (b) REPEAL OF MINIMUM TAX PREFERENCE.— which meets the gross receipts test of sec- Treasury an amount equal to the sum of the Paragraph (7) of section 57(a) is amended by tion 448(c) (determined by substituting amount of any net reduction in revenues and adding at the end the following: ‘‘The pre- ‘$50,000,000’ for ‘$5,000,000’ each place it ap- the amount of any net increase in spending ceding sentence shall not apply to stock pears in such section) for the taxable year resulting from the enactment of this Act. issued after the date of the enactment of the (or, in the case of a sole proprietorship, which would meet such test if such propri- Mr. THUNE. Mr. President, I also ask American Workers, State, and Business Re- unanimous consent that Senators BEN- lief Act of 2010.’’. etorship were a corporation). NETT OBERTS (c) INCREASE IN LIMITATION.— ‘‘(2) ELIGIBLE SMALL BUSINESS INCOME.— and R be added as cospon- (1) IN GENERAL.—Subparagraph (A) of sec- ‘‘(A) IN GENERAL.—For purposes of this sec- sors. tion 1202(b)(1) is amended by striking tion, the term ‘eligible small business in- The PRESIDING OFFICER. Without ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. come’ means the excess of— objection, it is so ordered. (2) MARRIED INDIVIDUALS.—Subparagraph ‘‘(i) the income of the eligible small busi- Mr. THUNE. Mr. President, yester- (A) of section 1202(b)(3) is amended by strik- ness which— day, one of my colleagues criticized me ing ‘‘paragraph (1)(A) shall be applied by sub- ‘‘(I) is attributable to the actual conduct of a trade or business, for trying to redirect unspent stimulus stituting ‘$5,000,000’ for ‘$10,000,000’ ’’ and in- funding to pay for tax relief for small serting ‘‘the amount under paragraph (1)(A) ‘‘(II) is income from sources within the shall be half of the amount otherwise in ef- United States (within the meaning of section businesses by citing all the jobs the fect’’. 861), and stimulus bill supposedly created. I, as (d) MODIFICATION OF DEFINITION OF QUALI- ‘‘(III) is not passive income (as defined in many people do, have my doubts about FIED SMALL BUSINESS.—Section 1202(d)(1) is section 904(d)(2)(B)), over some of these estimates, but I can amended by striking ‘‘$50,000,000’’ each place ‘‘(ii) the sum of— guarantee this much: none of these it appears and inserting ‘‘$75,000,000’’. ‘‘(I) the cost of goods sold that are allo- jobs have been created or saved by the cable to such income, and (e) INFLATION ADJUSTMENTS.—Section 1202 unspent funds. is amended by redesignating subsection (k) ‘‘(II) other expenses, losses, or deductions as subsection (l) and by inserting after sub- (other than the deduction allowed under this There is a lot of money in the stim- section (j) the following new subsection: section), which are properly allocable to ulus bill that has yet to be spent, ac- ‘‘(k) INFLATION ADJUSTMENT.— such income. cording to recovery.org, which is the

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.004 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S988 CONGRESSIONAL RECORD — SENATE March 3, 2010 administration’s Web site. About 38 would be subject to that higher tax. If passed last year has not been spent. percent of the stimulus money ap- a small business that passes through The argument that it would be timely, proved last year out of that $1 trillion their income to their individual tax re- targeted, and temporary, I think all of amount—round numbers—has been turn is currently paying at the 33-per- those criteria have not been met. More spent. So there is a lot of unspent and cent tax rate, they are going to see important, the ultimate metric by unobligated money. that tax rate go up to 36 percent of which I think we judge whether it has Frankly, many of us, at the time it that income. If they are currently pay- been a success or not has not been met passed last year, suggested it would be ing at the 35-percent tax rate, they are either, and that is job creation. a much wiser use of those funds if we going to see their tax rate go up to 39.6 Look at the economy today. Unem- directed those toward small businesses. percent starting next year, in 2011. ployment stands at 9.7 percent. The Small businesses are the creators of This allows them to take a 20-percent commitment made when the bill was jobs in our economy. They create two- deduction against their income that passed a year ago was that if we pass thirds of the jobs. They are the eco- will help in some ways limit or miti- this stimulus bill, we will hold unem- nomic engine that drives the economy gate the impact of the higher tax rates ployment below 8 percent. We know it in this country. Ironically, less than 1 that they will be subject to beginning is well past that. percent of that $1 trillion that was ap- in 2011. If you look again at the job numbers proved last year in stimulus funding Again, I think it is a fairly straight- and the number of people in this coun- was directed at incentives for small forward amendment, and I simply try still looking for work, still strug- businesses to create jobs. We put argue, again, to my colleagues that it gling, still struggling with the loss of money into all kinds of other things makes sense for us, in my view, to be income, the best thing we can do is get which, to date, have shown little evi- making investments, be putting poli- them back to work, and the best way dence that any jobs have been created. cies in place that will incentivize job to do that is not to create jobs in It seems to me, at least, and the argu- creation in this country, and that job Washington, DC, or invest in govern- ment that was made at the time by creation, again, occurs in the private ment programs; it is, frankly, to get many of us, was that allowing or cre- economy with small businesses. the small businesses in our economy, ating more of these incentives, putting Small businesses, we are told, create the creators of jobs, the engine that more policies in place that would two-thirds of the jobs in our economy drives this economy forward, liberated incentivize small businesses to create and, in fact, about half of the people in in a way, providing certainty with re- jobs would have been a much better use this country who work, who are em- gard to tax policy so they know that in of stimulus money. ployed currently, work for small busi- 2011, when their tax rates go up—at What my amendment very simply nesses. They have a tremendous impact least those who pass their income says is, of those unspent, unobligated on our economic well-being, on job cre- through their individual tax return— funds—and that universe of funds rep- ation. they are going to have some relief, al- resents about $160 billion that has not It is important, in my view, that we lowing some relief with regard to cap- only not been spent but not obligated— take steps here that will add to the ital gains taxes by exempting small we use some of those funds to do what ability of our small businesses to get business investment, allowing for we should have done in the first place; out there and do what they do best; bonus depreciation so they can write that is, to create incentives for small that is, make investments and create off business purchases, and increasing businesses to hire new people, to put jobs. section 179 expensing, that deduction people back to work, and to make cap- I take issue with what was said yes- that currently exists in the Tax Code ital investments. terday about this amendment: that it making that permanent. I take issue with what was said on would cut short the Economic Recov- Those are all steps, small steps, but the floor yesterday, that somehow my ery Act. It does not do that at all. at least important steps, in my view, amendment was going to cut the Eco- These are not funds that have cur- that will move this economy forward nomic Recovery Act short. It doesn’t rently been spent or obligated. These and do what I think many of us want to do that at all. In fact, what this does is are funds that are unspent, unobligated see done; that is, create the conditions simply say those funds that have not out of the $1 trillion bill passed last and the economic climate where jobs been spent, not been obligated in the year which, as we all know, to date has can be created where we get people stimulus bill that was passed last year, not created the jobs promised. In fact, back to work. be redirected toward these particular since the bill passed last year, we have We are going to have a vote on this provisions that will provide incentives lost 2.7 million jobs in our economy. amendment this afternoon. Again, my for small businesses to create jobs. I think, frankly, one of the reasons colleagues who were debating an under- Very simply, what are those? It ex- for that is it was misdirected in the lying bill that has tax extenders, tends by 1 year the bonus depreciation first place. We should have been fo- COBRA extension, unemployment ben- that allows small businesses to accel- cused on job No. 1, and that is helping efits extension—all of those sorts of erate the way they write off equipment those job creators in our economy, things, all of which I understand are purchases; accelerated depreciation which are small businesses. important, particularly right now schedules so they can take more of I want to point out that the National when we have a lot of people who are that cost upfront as a deduction. Federation of Independent Business, out of work. But, again, the best rem- It also makes permanent the section which is the largest trade organization edy we can offer to the American peo- 179 deduction and increases that as representing small businesses in this ple is to create jobs and get people well so that small businesses are able country, at least the largest small back to work. That will make it less to expense more of those types of in- business advocacy organization, has necessary for us to act on the legisla- vestments—again, an incentive for written a letter in support of my tion we have to act on today that ad- them to invest more, hopefully to cre- amendment. I want to read one para- dresses all the economic dislocation ate jobs. graph from that letter. It says: and hurt the American people are expe- It eliminates the capital gains tax on The Thune amendment is a necessary step riencing as a result of this economy. investment in small businesses. By the in helping to provide more certainty to small A year ago when this stimulus bill way, that is something the President, businesses about their future tax liability, passed, less than 1 percent of the in his State of the Union speech, came whether to make long term capital expendi- money was directed toward small busi- out in support of. So this is something tures, and hire more workers. We hope this nesses. We can fix that today with this the White House has already endorsed. amendment will provide momentum to clear amendment by directing these tax in- Finally, it provides for a 20-percent other obstacles in the path to job creation. centives, using unspent, unobligated deduction for small businesses against I guess what I would say by way of stimulus money to do it. It is all paid their income. Why is that necessary? closing is that although there is a for. It is all offset. It does not pass debt Many small businesses, and, in fact, great debate here about how best to to future generations. It does not add half of small business income, we are create jobs, I think we can all agree a to the deficit. It is all paid for. It puts told, when tax rates go up next year lot of the $1 trillion stimulus bill that the money where it should have been

VerDate Nov 24 2008 00:09 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.019 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S989 put in the first place and directs it in economy, thankfully, has begun to re- cause so much has happened to our a way that will be adding to job cre- cover is, with the situation we entered economy and to the debate in this ation in this country. into with TARP, risk was socialized. country since then. But we should re- I ask my colleagues to support this That means the average worker in this member that in September of 2008, Sec- amendment. I think it will be voted on country—the person out there driving retary Paulson and Chairman in a couple of hours. a truck, the nurse working in a hos- Bernanke put us all on a conference I yield the floor. pital, the people doing the day-to-day call. They told us if we did not put $700 The PRESIDING OFFICER. The Sen- work—had to put their tax dollars in to billion of taxpayer money into a pro- ator from Virginia. stabilize these banking systems, but gram to assist our major Federal finan- Mr. WEBB. Mr. President, I will offer the reward from the stabilization has cial institutions that the world as we an amendment to the pending legisla- become personalized to the executives knew it economically was going to fall tion, amendment No. 3342. It is my in- who were running these companies, into cataclysm. We voted in support of tention to call up that amendment who then have benefited through these this $700 billion—I voted for it—in after the votes on the pending amend- large bonus systems once our economy order to help these financial institu- ments this afternoon, but I would like began to stabilize. tions solve the problems, undo their to take a few minutes to explain to my It is my strong belief, as someone systems of bad assets—which had colleagues the nature of this amend- who is a supporter of people who are taken place, quite frankly, through a ment and why I believe it is important. willing to take risks and create the lot of bad judgment in their leader- This amendment basically says if you right kind of environment for growth ship—free up our economic system and are an executive at one of the compa- in our economy, that they should be get credit going again. And we did it nies that received more than $5 billion happy once they have reached a point with the explicit understanding that it in the TARP bailout, the financial bail- where they have been compensated and was the American taxpayers who were out that occurred when we began our they have had a $400,000 bonus. They putting the money in and who, when economic crisis, and if you receive in should be happy to take the money be- the system righted itself, would get addition to your compensation a bonus yond that $400,000 bonus and divide it their money back. So this one-shot in excess of $400,000, then that amount up with the average worker out here deal is designed to help do that. above $400,000—which is the approxi- who may not even own stock who had It is fair to all parties. It allows the mate compensation of our President— to put their tax dollars in to stabilize executives in these 13 companies that will be taxed at 50 percent, and the the economy. received more than $5 billion each of amount it is taxed will be returned to The second article I would like to taxpayer money to still reward their the American taxpayers for deficit re- quote from is from the Financial Times executives and at the same time share duction. which, as all of my colleagues will rec- these profits, or these benefits that go It is a very simple amendment. It is ognize, is one of the most conservative beyond a $400,000 bonus, with the peo- a one-time amendment based on a newspapers in the world when it comes ple who basically pulled their fat out of unique situation in this country when to capitalist enterprise, risk taking, re- the fire. the American taxpayers had to bail out warding the people who get out and I hope we can get a vote on this our major companies in order to sta- lead in our business sector. amendment. I trust my colleagues will bilize our economy. Martin Wolf wrote an editorial on understand the care with which it was This is not class warfare. It is not a November 19, 2009, not that long ago. I designed and the equity we are trying continuing windfall profits tax. But I ask unanimous consent to have printed to deal with. believe it is very proper for us to insti- in the RECORD the entire article after I yield the floor. tute this on a one-time basis. Esti- my remarks. EXHIBIT 1 The PRESIDING OFFICER. Without mates we have had, when I offered this [From the Financial Times, Nov. 19, 2009] objection, it is so ordered. amendment as independent legislation TAX THE WINDFALL BANKING BONUSES a short while ago, along with Senator (See exhibit 1.) (By Martin Wolf) BOXER, were that you could recoup in Mr. WEBB. Mr. President, Martin the neighborhood of $10 billion back Wolf said this: Windfall taxes are a ghastly idea. They are a sop to prejudice, a burden on risk-taking into our economy by this very fair tax Windfall taxes are a ghastly idea. . . . No sensible person should support them. So why and a form of arbitrary confiscation. No sen- assessment. sible person should support them. So why do I want to go back to two opinion do I now find the idea of a windfall tax on banks so appealing? Well, this time, it really I now find the idea of a windfall tax on banks pieces that have been written over the does look different. so appealing? Well, this time, it really does last couple of years from people with look different. Mr. Wolf goes on to point out: great standing in the financial commu- First, all the institutions making excep- nity and great philosophical dif- Ordinary people can accept that risk tak- tional profits do so because they are bene- ers receive huge rewards. But such rewards ferences. Then I want to remind my ficiaries of unlimited state insurance for for those who have been rescued by the state themselves and their counterparties. As An- colleagues the process we had to enter and bear substantial responsibility for the drew Haldane of the Bank of England argues, into when the TARP legislation was crisis are surely intolerable. . . . The public the state has ‘‘become the last resort fin- first voted on. finances will be devastated for decades: taxes ancier of the banks’’. In the UK, total sup- On July 14, 2008, Paul Krugman, a will be higher and public spending lower. port amounted to a staggering 74 per cent of Nobel Prize-winning economist, wrote Meanwhile, bankers are about to reap huge gross domestic product. These must be the a piece in the New York Times. I came rewards. This damages the legitimacy of the largest business subsidies ever. to the floor at that time and quoted market economy. Second, the profits being made today are from his piece. He was talking about Mr. Wolf went on to support the very in large part the fruit of the free money pro- vided by the central bank, an arm of the the beginning of what became our cri- concept I am putting on the table today; that is, a one-time windfall prof- state. The state is giving the surviving sis, and he made the point: banks a licence to print money. It’s the belief of investors— its tax on moneys that were earned in Third, the case for generous subventions is 2009 when this American taxpayer res- to restore the financial system—and so the He was talking at this point about cue of our financial system occurred, the situation with Fannie and Freddie, economy—to health. It is not to enrich bank- when earnings that occurred through ers, particularly not those engaged in the to quote from his article. work in 2009, which are paid in 2010— sorts of trading activities that destroyed the It’s the belief of investors if they fail, the this is not a retroactive tax; one shot, financial system in the first place. federal government will come to their res- balance the playing field and reward Fourth, ordinary people can accept that cue. the people who stepped forward to help risk takers receive huge rewards. But such Then he wrote: rewards for those who have been rescued by save our economy. the state and bear substantial responsibility The implicit guarantee means that profits Sometimes it is hard for us to re- for the crisis are surely intolerable. What are privatized while losses are socialized. member the circumstances that took makes them yet more so is that the crisis What he meant by that and what we place when we were asked to vote for has devastated the prospects of tens, if not actually have seen play out as our TARP back in September of 2008 be- hundreds, of millions of innocents all over

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.020 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S990 CONGRESSIONAL RECORD — SENATE March 3, 2010 the globe. The public finances will be dev- Mrs. BOXER. Mr. President, I want $400,000. We don’t touch the bonuses astated for decades: taxes will be higher and to thank Senator WEBB for offering $400,000 or less. We are making a point. public spending lower. Meanwhile, bankers this amendment, which is the same And even though we have been fair, it are about to reap huge rewards. This dam- text as our bill that we introduced will return to the Treasury about $10 ages the legitimacy of the market economy. Fifth, it is hard to argue in favour of ex- about a month ago. I think Senator billion, is our estimate, over time. ceptional interventions to bail out the finan- WEBB has made an excellent case for It is only fair that these institutions, cial sector at times of crisis, and also this very important amendment which which were so greatly assisted in 2009, against exceptional interventions to recoup will reduce the deficit. It is an amend- should help our Nation with our fiscal costs when the crisis is past. ‘‘Windfall’’ sup- ment that I believe reflects fairness problems. We inherited those problems port should be matched by windfall taxes. and justice and the American way. from this economic collapse. We know Finally, these are genuine windfalls. They In 2008 and 2009, the financial sector, that when President Bush handed the are, as George Soros has said, ‘‘hidden gifts’’ as well as the automobile industry, re- keys over to President Obama there al- from the state. What the state gives, the ceived generous and unprecedented aid state is entitled to take back, if it is not ready was a huge deficit in place, but from taxpayers. It was done in order to President Obama had to act. We had to used for the state’s purposes. stave off another Great Depression. It So the question, in my mind, is not wheth- pass an economic recovery act. We had er a windfall tax can be justified but whether was a tough vote to make, and we did to make sure credit was flowing. So it it can be designed successfully. All taxes it because we believed we were on the added still more to the debt, and it have unintended consequences. One must be brink of another Great Depression and, seems to me only fair that people who particularly careful with this one. frankly, a financial collapse. If we re- are at those institutions that were Since the aim of policy is to recapitalise member back to those days, credit was bailed out—which only exist because of the banks, the tax should not reduce their frozen, businesses couldn’t borrow, and the generosity of taxpayers, because we ability to do so. It would be far better then we were hearing predictions that this to impose a tax on contributions made to the knew if they failed there would be big could be the end of capitalism. We trouble—if their bonuses are over bonus pool. There is no public interest in heard that from Republicans and such payments. Since it would be a one-off $400,000 they ought to pay this special Democrats alike. So what we did has event, it should not affect incentives (unless one-time fee back to taxpayers. banks plan to create systemic crises every worked. We have avoided a Great De- Reducing the deficit is important and few years). If the tax applied to all banks op- pression. The economy is growing, al- fairness is important. I want to thank erating within a given jurisdiction, it would though we are very worried about the my colleague from Virginia for work- not affect competitiveness among them. The slow pace of job creation, which is why ing with me on this legislation, and I case seems strong—even more so if the tax we are working so hard to continue to could be implemented across major jurisdic- urge the Senate, in a bipartisan way, create new jobs. to join us in supporting this common- tions, simultaneously. But if we take a look at the financial sense measure. We hear a lot of talk Yet windfall taxes cannot contain financial institutions which received this huge excess, precisely because their goal is not to around here about the deficit, the def- bailout, what we see is they showed a affect incentives. So what is to be done? icit, the deficit. That is a very impor- As Mr. Haldane notes, we have seen ‘‘a pro- resounding economic recovery in 2009. Thanks to taxpayer assistance, many tant priority for us—to reduce this def- gressive rise in banking risk and an accom- icit. Here is a way to do it that is to- panying widening and deepening of the state of these companies are posting record tally fair and just. People who work at safety net’’. As the liabilities of the banks profits. So you have these companies have become ever more socialised and so eq- posting record profits, that benefited the institutions that got the biggest uity cushions have become increasingly re- when times were bad with taxpayer bailouts from Uncle Sam to save them, dundant, the incentive for both limited li- help, and now they are paying out mul- and those people who are now getting ability shareholders and employees to game timillion dollar bonuses to their top these enormous bonuses, ought to the taxpayer has risen greatly. It is rational make a contribution to deficit reduc- for banks to choose risky strategies because executives. The United States pays its Presi- tion. We need it, we think it is right, they take the upside and taxpayers much of and we hope there will be a big bipar- the downside. dent—our highest paid Federal offi- Over the past half century, UK bank cap- cial—$400,000. These company leaders tisan vote in favor of the Webb-Boxer ital has remained at between 3 per cent and are earning millions of dollars, and amendment. 5 per cent of assets, these assets have risen then, on top of that, bonuses. So what I yield the floor. tenfold, relative to GDP, and returns on eq- Senator WEBB and I are saying is this: AMENDMENT NO. 3338 uity have averaged 20 per cent. Such high re- If you have received a bonus of $400,000 The PRESIDING OFFICER. The Sen- turns, in an established industry, must mean or more from one of the top recipients ator from Hawaii. either high barriers to entry or excessive Mr. INOUYE. Mr. President, I rise to risk-taking. The former are undesirable and of the taxpayer bailout, you should pay a special one-time fee—50 percent of speak in opposition to the amendment the latter terrifying, particularly in view of submitted by the Senator from South the huge rise in the state’s exposure to the that bonus, which is on top of your sal- risks. ary. Fifty percent of the bonus of Dakota, Mr. THUNE. We will never have a better opportunity $400,000 or more should go back to the This amendment cloaks itself in the than now to redress the deteriorating terms taxpayers and reduce our deficit. guise of fiscal responsibility, but noth- of trade between the banks and the state. A It is hard for me to imagine how ing could be further from the truth. big part of the solution must be to shift in- these financial companies, which were The amendment would rescind funding centives. The more credible are the pre-an- bailed out by taxpayers, could have from the American Recovery Act—the nounced limits on support from government, such a deaf ear to the plight of Amer- so-called stimulus bill—to pay for the the more effective will be the changes in in- ica’s workers and why they would em- cost of program increases for small centives inside banks, and vice versa. The businesses. We can all agree that we less we are able to shift these incentives, the bark upon these enormous bonuses, es- more important it will be to impose heavy pecially since they are not lending the should do more to support small busi- regulation. The combination of today’s in- monies that we think they ought to ness, but it is nonsensical to rescind centives with today’s safety nets and yester- lend to businesses. They are actually funding from the Recovery Act, which day’s ‘‘light touch’’ regulation was dev- cutting back on lending to qualified is also creating jobs. I understand all astating. businesses—I think it is an 18-percent too well that some on the other side of Yet, regardless of the success of reforms of reduction in loans to businesses—yet the aisle have argued that the stimulus incentives in—and regulation of—the finan- bill was a mistake, but the facts are cial sector, it is reasonable to recoup not they are paying out these enormous bo- only the direct fiscal costs of saving banks nuses. So what Senator WEBB and I are proving just the opposite. but even some of the wider fiscal costs of the saying is we want a one-time, 50-per- Last week, the Congressional Budget crisis. The time has come for some carefully cent fee paid on the bonus that exceeds Office—the CBO—released a report on judged populism. A one-off windfall tax on $400,000. This fee would only affect the impact of those stimulus funds bonuses would make the pain ahead for soci- those recipients at the largest and which have already been spent. The ety so very much more bearable. Try it: mil- most major companies who received Congressional Budget Office report lions will love it. this bailout. notes the extremely beneficial impact The PRESIDING OFFICER. The Sen- I want to reiterate this. The fee is from this act. The report states that ator from California. paid on the bonuses that exceed the stimulus funds are responsible for

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.005 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S991 an increase of somewhere between 1.5 I yield the floor. Democratic Senate bill, PhRMA spent and 3 percent in the gross domestic The PRESIDING OFFICER (Mr. $150 million in advertising support. product during the last quarter of 2009, PRYOR). The Senator from Arizona. And to further lock in the deal, the and with an estimated increase in this Mr. MCCAIN. Mr. President, as we all White House and Senate Democrats first quarter of up to 3.9 percent. More- know, yesterday the President issued a agreed to oppose drug reimportation over, the CBO states that the stimulus letter that said he was agreeing on and a shorter pathway for generic bio- bill accounted for an increase of at ‘‘four policy priorities identified by Re- logics. least 1 million jobs in the fourth quar- publican Members at the meeting’’ To sum all this up, there is no better ter of 2009, and possibly as many as 2.9 that we had. And he said, ‘‘I am explor- description of it than what is by the million jobs. This is something to pon- ing. I said throughout this process,’’ I majority leader of the Senate, who, on der. quote from the President’s letter, Christmas Eve, when these deals be- The one thing the American people ‘‘that I’d continue to draw on the best came known as we examined the 2,400 all agree upon is that we need to be ideas from both parties, and I’m open pages, Senator REID, the majority lead- doing more to create jobs. The Amer- to these proposals in that spirit.’’ er, said—this, I think, encapsules, sum- ican Recovery Act is doing just that. So he mentioned several of them. In marizes the entire process they went CBO estimates that the level of jobs it, he talks about the four areas he through: created through 2010 from stimulus would be considering: One by Senator A number of States are treated differently funds could be as high as 3.4 million COBURN, a proposal; another one that a from other States. That’s what legislation is jobs. That would mean a decline in un- number of people had discussed con- all about. That’s compromise. employment of 1.8 percent in this coun- cerning demonstration projects I want to repeat that. I want to re- try. No other action by this Congress through Health and Human Services peat that quote from Senator REID. has provided this kind of positive im- for resolving medical malpractice dis- A number of States are treated differently pact on the job market. So what pos- putes; one on Medicaid reimburse- from other States. That’s what legislation is sible logic is there in rescinding funds ments; and then expanded health sav- all about. That’s compromise. from this act which is providing so ings accounts. That is not compromise. That is not many benefits to the American people? He said: ‘‘That’s why my proposal the word. ‘‘Compromise’’ is an agree- Why would we support an amendment does not include the Medicare Advan- ment between two parties on both sides to cut funding from the act which is tage provision, mentioned by Senator of the aisle who reach an agreement. clearly helping to reduce devastating MCCAIN at the meeting, which provided This is backroom wheeler dealing, spe- job losses? transitional extra benefits for Florida cial interest influence, and vote buy- No one can argue that the stimulus and other States. My proposal elimi- ing. That is what this was. Why would bill isn’t working. The proof is at least nates those payments, gradually reduc- a State be treated differently from an- a million jobs created last quarter. It ing Medicare Advantage payments other State? Why would we have dis- has had an immensely favorable im- across the country relative to fee-for- parate impact on different States? pact on our economy. I know some of service Medicare,’’ et cetera. One of the reasons I have focused a those who oppose the bill don’t want to Then he says, ‘‘In addition, my pro- lot of my attention on the 800,000-per- hear it, but that is reality. The num- posal eliminates the Florida FMAP son carve-out in the State of Florida, bers from CBO tell the story. provision, replacing it with additional as the President has said that would be The Thune amendment fails to offer federal financing’’ in all States. changed, is because there are 330,000 any guidance to which programs it Of course, this raises, I think, first of Medicare Advantage enrollees in my would cut. That is a rather strange all, the legitimate question: How did State. Why should it ever happen that amendment. Clearly, it is more politi- this stuff get in there to start with? the residents of one State who are in cally expedient to simply cite a dollar How did it take weeks of examining a the same program, the exact same Fed- figure to cut rather than identifying 2,400-page bill? What about the other eral program, have different advan- which specific programs the amend- sweetheart deals that were included be- tages over another State? ment would impact. The Thune amend- hind closed doors in this 2,400-page leg- I am pleased the President’s letter ment offers no direction as to which re- islation? What about the deal for concerning the issue of the 800,000 peo- covery programs it would shut down. Vermont, a 2.2-percent Medicaid bonus ple in Florida who will receive dif- The result could be cuts to the high- for 6 years for their Medicaid Program? ferent coverage, that that would be way funding, new energy technology or What about the Massachusetts deal, a fixed. But I also point out, as I just reversing efforts to make government .5-percent Medicaid bonus for 3 years? chronicled, that is one of many pro- buildings and low-income housing more Hawaii? It adds money for Hawaii hos- posals, many sweetheart deals, many energy efficient. pitals. Hospitals in Michigan and Con- backroom deals. It has to be put in the Moreover, this amendment doesn’t necticut have the option to benefit context of the fact that the President even allow the Congress to determine from higher payments; Connecticut, of the United States promised the how the funds should be reduced. In- $100 million for a university hospital. American people that we would change stead, it directs the Office of Manage- The Senate beneficiary of this provi- the climate in Washington. Eight times ment and Budget—OMB—to determine sion was not originally known. Mon- the President of the United States said where to reduce funding. I cannot be- tana, South Dakota, North Dakota, all of these negotiations on health care lieve the authors of this amendment Wyoming had increased Medicare pay- reform will take place with C–SPAN want the Senate to give up the power ments for those States. cameras in the room. of the purse to the bureaucrats at OMB What is unique about those States? My understanding of the process now to determine where we should spend Libby, MT, Medicare coverage for indi- is that there is going to be a vote in our taxpayers’ funds, but this is what viduals exposed to environmental the House on the Senate bill and then this amendment would do. health hazards, asbestos mining. That there will be a reconciliation of 51 For many reasons, this is a bad may be a worthy cause, but shouldn’t votes, which, of course, is offensive to amendment. It is exactly what the it be the subject of an authorization the American people. But I assume, country does not need at this time. We and debate and appropriations? then, the Senate bill as passed will all know that the No. 1 malady facing Then, of course, we had the special have all of these provisions in it that the country today is unemployment. deals that were cut with the special in- are these secret, backroom, unsavory We now have proof from the Congres- terests, not just PhRMA. The White deals that were made. sional Budget Office that the stimulus House negotiators—the White House So let me just say it is disappointing, bill was the exact right medicine to negotiators not congressional nego- the contrast of the President’s state- treat this illness. I urge my colleagues tiators—extracted an $80 billion deal to ment, when we have learned that last to reject this amendment and allow our gain more offsets from the drug indus- week’s health care summit was not stimulus funds to work as planned: try, and their $2-million-a-year lobby- really a true effort. In other words, the making wise investments in America ists confirmed the deal in news reports. summit at the Blair House did not re- and putting our people back to work. In exchange for PhRMA supporting the flect what the overwhelming majority

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.023 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S992 CONGRESSIONAL RECORD — SENATE March 3, 2010 of the American people are demanding; through this body, bypassing the 60- The amendment, as modified, is as that is, we start over and we stop what vote requirement. follows: has been done. I would like to point out—and it may On page 268, between lines 11 and 12, insert One of the reasons they want it be a bit self-serving, but I would like to the following: stopped is because they have become point out that when the so-called nu- SEC. ll. EXTENSION AND MODIFICATION OF aware of these special deals for special clear option was up, we would move to CERTAIN ECONOMIC RECOVERY a process that only 51 votes would be PAYMENTS. interests and vote purchasing. That is (a) SHORT TITLE.—This section may be what they have become aware of. So required in order to confirm judges in cited as the ‘‘Emergency Senior Citizens Re- that is one of the major reasons they this body, I and 13 others joined in a bi- lief Act of 2010’’. want us to start over. partisan fashion, and we said no. We (b) EXTENSION AND MODIFICATION OF PAY- At the townhall meetings I have, peo- will have circumstances that will at- MENTS.—Section 2201 of the American Recov- ple are as upset about the process we tend our votes on confirmation and, for ery and Reinvestment Tax Act of 2009 is amended— went through as they are the actual the good of the body, we preserved the 60-vote majority rule that has been the (1) in subsection (a)(1)(A)— legislative outcome, although they are (A) by inserting ‘‘for each of calendar years very unhappy about that. custom in this institution of the Sen- 2009 and 2010’’ after ‘‘shall disburse’’, Let me just say I know a bit about ate in modern times. (B) by inserting ‘‘(for purposes of payments working in a bipartisan fashion. I know The American people are watching made for calendar year 2009), or the 3-month people want us to get things done to- very carefully what we are doing. period ending with the month which ends gether. I know the approval ratings of There may be some belief that a lot of prior to the month that includes the date of Americans are not appreciating what the enactment of the Emergency Senior Citi- Congress are extremely low, and there apparently is the plan, and that is to zens Relief Act of 2010 (for purposes of pay- is a great disconnect between the peo- move serious legislation through the ments made for calendar year 2010)’’ after ple of this country and what we are Senate with a 51-vote majority, legisla- ‘‘the date of the enactment of this Act’’, and doing in Washington, and they want us (C) by adding at the end the following new tion that would affect one-sixth of our to work together, adhering to principle sentence: ‘‘In the case of an individual who is gross national product. eligible for a payment under the preceding and addressing the enormous chal- I urge my colleagues, as I did when lenges that face them. But that means sentence by reason of entitlement to a ben- we were considering the ‘‘nuclear op- efit described in subparagraph (B)(i), no such starting over. tion on judges,’’ that this nuclear op- payment shall be made to such individual for We did identify areas on which we tion also be rejected and go back to the calendar year 2010 unless such individual was could agree. We did identify the fact 60 votes and maintain the 60-vote ma- paid a benefit described in such subpara- that there are some areas. But unless jority requirement that basically gov- graph (B)(i) for any month in the 12-month we start over, then how in the world erns our proceedings in the Senate. period ending with the month which ends can we put lipstick on a pig? It is still Let’s start over. Let’s listen to War- prior to the month that includes the date of a pig. It is still a bad and unsavory ren Buffett, a strong supporter of the the enactment of the Emergency Senior Citi- process that we went through in order zens Relief Act of 2010.’’, President of the United States. He (2) in subsection (a)(1)(B)(iii), by inserting to reach the legislative package we noted that this legislation includes ‘‘(for purposes of payments made under this have now. nonsense, backroom deals for special paragraph for calendar year 2009), or the 3- What we really need to do is start interests. month period ending with the month which over and then we can get rid of all of He said: ends prior to the month that includes the these. We can get rid of the ‘‘Louisiana Democrats should cut off all the kinds of date of the enactment of the Emergency Sen- purchase,’’ and Vermont and Massa- things like the 800,000 special people in Flor- ior Citizens Relief Act of 2010 (for purposes of chusetts and Hawaii and Michigan, ida or the Corn Husker kickback, as they payments made under this paragraph for cal- endar year 2010)’’ before the period at the Connecticut—Connecticut twice, one called it, or the Louisiana Purchase, and we are going to get rid of the nonsense. We are end, $100 million for a hospital and then just going to focus on costs and we are not (3) in subsection (a)(2)— higher payments—Montana, South Da- going to dream up 2,000 pages of other things. (A) by inserting ‘‘, or who are utilizing a kota, North Dakota, Wyoming. We can I hope we will heed the words of War- foreign or domestic Army Post Office, Fleet get rid of all of these if we start over. ren Buffet, which basically is that he Post Office, or Diplomatic Post Office ad- dress’’ after ‘‘Northern Mariana Islands’’, I point out, finally, because we are and the American people want us to going to be talking a lot about this— and start over. They certainly do not want (B) by striking ‘‘current address of record’’ and I know other colleagues of mine to have legislation enacted by a bare and inserting ‘‘address of record, as of the are waiting to speak—I just point out majority. Again, I would remind my date of certification under subsection (b) for again this whole issue of reconcili- colleagues of history. Every major re- a payment under this section’’, ation. A lot of Americans had never form that has been enacted by this (4) in subsection (a)(3)— heard that word before, certainly not body, whether it be the Civil Rights (A) by inserting ‘‘per calendar year (deter- in this context before this came up. Act, whether it be Medicare, whether it mined with respect to the calendar year for which the payment is made, and without re- But the word ‘‘reconciliation’’ means be other major reform, it has always we would reconcile differences on small gard to the date such payment is actually been done with overwhelming bipar- paid to such individual)’’ after ‘‘only 1 pay- issues between the two bodies. It was tisan support. ment under this section’’, and the product of Senator ROBERT BYRD, It is not too late. Let’s go back to the (B) by inserting ‘‘FOR THE SAME YEAR’’ after who has said unequivocally that health beginning. Let’s start over. We have ‘‘PAYMENTS’’ in the heading thereof, care—that Medicare and health care identified areas we can work together (5) in subsection (a)(4)— should not be included in this process. on and certainly reject this idea of 51 (A) by inserting ‘‘(or, in the case of sub- It was Senator ROBERT BYRD who spe- votes governing the way this body paragraph (D), shall not be due)’’ after cifically exempted Social Security ‘‘made’’ in the matter preceding subpara- functions. I think it poses great danger graph (A), from being a part of reconciliation. He to the future of this institution that (B) by striking subparagraph (A) and in- said, and I quote from Senator ROBERT all of us who have the privilege of serv- serting the following: BYRD: ing here love as well. ‘‘(A) in the case of an individual entitled to I was one of the authors of the legislation I yield the floor. a benefit specified in paragraph (1)(B)(i) or that created the budget reconciliation proc- The PRESIDING OFFICER. The Sen- paragraph (1)(B)(ii)(VIII) if— ess in 1974 and I am certain that putting ator from Vermont. ‘‘(i) for the most recent month of such in- health care reform and climate change legis- AMENDMENT NO. 3353, AS MODIFIED dividual’s entitlement in the applicable 3- lation on a freight train through Congress is Mr. SANDERS. Mr. President, I ask month period described in paragraph (1); or an outrage that must be resisted. ‘‘(ii) for any month thereafter which is be- unanimous consent that my amend- fore the month after the month of the pay- That was the author. Of course, all ment which is pending, No. 3353, be ment; during the time when the other side of modified with the changes that are at such individual’s benefit under such para- the aisle was in the minority they com- the desk. graph was not payable by reason of sub- plained bitterly, and I think with some The PRESIDING OFFICER. Without section (x) or (y) of section 202 of the Social justification, that reconciliation was objection, the amendment is so modi- Security Act (42 U.S.C. 402) or section 1129A used as a means of getting legislation fied. of such Act (42 U.S.C. 1320a–8a);’’,

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.024 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S993 (C) in subparagraph (B), by striking ‘‘3 ‘‘(4) PAYMENTS SUBJECT TO OFFSET AND REC- The legislative clerk proceeded to month period’’ and inserting ‘‘applicable 3- LAMATION.—Notwithstanding paragraph (3), call the roll. month period’’, any payment made under this section— Mr. SANDERS. Madam President, I (D) by striking subparagraph (C) and in- ‘‘(A) shall, in the case of a payment by di- ask unanimous consent that the order serting the following: rect deposit which is made after the date of for the quorum call be rescinded. ‘‘(C) in the case of an individual entitled to the enactment of the Emergency Senior Citi- The PRESIDING OFFICER (Mrs. a benefit specified in paragraph (1)(C) if— zens Relief Act of 2010, be subject to the rec- HAGAN). Without objection, it is so or- ‘‘(i) for the most recent month of such in- lamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations dered. dividual’s eligibility in the applicable 3- Mr. SANDERS. Madam President, as month period described in paragraph (1); or (relating to reclamation of benefit pay- ‘‘(ii) for any month thereafter which is be- ments); and senior citizens and disabled veterans fore the month after the month of the pay- ‘‘(B) shall not, for purposes of section 3716 all over this country know, this is the ment; of title 31, United States Code, be considered first year since 1975—36 years ago—that a benefit payment or cash benefit made there will not be a Social Security such individual’s benefit under such para- under the applicable program described in cost-of-living adjustment or COLA. In graph was not payable by reason of sub- subparagraph (B) or (C) of subsection (a)(1), section (e)(1)(A) or (e)(4) of section 1611 (42 my view, the fact that people in need— and all amounts paid shall be subject to off- seniors, disabled veterans, people who U.S.C. 1382) or section 1129A of such Act (42 set under such section 3716 to collect delin- U.S.C. 1320a–8a); or’’, quent debts.’’, have disabilities—will not be receiving (E) by striking subparagraph (D) and in- (9) in subsection (e)— a COLA this year is wrong and it is an serting the following: (A) by striking ‘‘2011’’ and inserting ‘‘2012’’, issue we have to address and I hope we ‘‘(D) in the case of any individual whose (B) by inserting ‘‘section lll(c) of the will address it successfully this after- date of death occurs— Emergency Senior Citizens Relief Act of noon, in terms of the amendment I will ‘‘(i) before the date of the receipt of the 2010,’’ after ‘‘section 2202,’’ in paragraph (1), offer. payment; or and The reality is, in recent years, senior ‘‘(ii) in the case of a direct deposit, before (C) by adding at the following new para- citizens, veterans, and persons with the date on which such payment is deposited graph: disabilities have slipped out of the mid- into such individual’s account.’’, ‘‘(5)(A) For the Secretary of the Treasury, dle class and into poverty. That is a re- (F) by adding at the end the following flush an additional $5,200,000 for purposes de- sentence: scribed in paragraph (1). ality—out of the middle class and into poverty. The reality is, today prescrip- ‘‘In the case of any individual whose date of ‘‘(B) For the Commissioner of Social Secu- death occurs before a payment is negotiated rity, an additional $5,000,000 for the purposes tion drug costs are soaring, medical (in the case of a check) or deposited (in the described in paragraph (2)(B). care costs for seniors and disabled peo- case of a direct deposit), such payment shall ‘‘(C) For the Railroad Retirement Board, ple are soaring, and heating oil has not be due and shall not be reissued to the an additional $600,000 for the purposes de- gone through the roof, especially rel- estate of such individual or to any other per- scribed in paragraph (3)(B). evant to those of us in cold-weather ‘‘(D) For the Secretary of Veterans Affairs, son.’’, and States. an additional $625,000 for the Information (G) by adding at the end, as amended by At a time when millions of seniors Systems Technology account’’. subparagraph (F), the following new sen- (c) EXTENSION OF SPECIAL CREDIT FOR CER- have seen the value of their pensions, tence: ‘‘Subparagraphs (A)(ii) and (C)(ii) TAIN GOVERNMENT RETIREES.— their homes, and their life savings shall apply only in the case of certifications (1) IN GENERAL.—In the case of an eligible plummet, we cannot turn our back on under subsection (b) which are, or but for individual (as defined in section 2202(b) of some of the most vulnerable people in this paragraph would be, made after the date the American Recovery and Reinvestment this country. They are hurting and of the enactment of Emergency Senior Citi- Tax Act of 2009, applied by substituting they need our emergency support and zens Relief Act of 2010, and shall apply to ‘‘2010’’ for ‘‘2009’’), with respect to the first that is why I am offering, today, along such certifications without regard to the cal- taxable year of such individual beginning in with Senators DODD, LEAHY, endar year of the payments to which such 2010, section 2202 of the American Recovery certifications apply.’’. and Reinvestment Tax Act of 2009 shall be WHITEHOUSE, GILLIBRAND, LAUTENBERG, (6) in subsection (a)(5)— applied by substituting ‘‘2010’’ for ‘‘2009’’ BEGICH, STABENOW, and MENENDEZ, an (A) by inserting ‘‘, in the case of payments each place it appears. amendment which will provide over 55 for calendar year 2009, and no later than 120 (2) CONFORMING AMENDMENT.—Subsection million seniors, veterans, and persons days after the date of the enactment of the (c) of section 36A of the Internal Revenue with disabilities $250—a one-time pay- Emergency Senior Citizens Relief Act of 2010, Code of 1986 is amended by inserting ‘‘, and ment—in much needed emergency re- in the case of payments for calendar year any credit allowed to the taxpayer under sec- lief. This $250 emergency payment is 2010’’ before the period at the end of the first tion lll(c)(1) of the Emergency Senior equivalent to a 2-percent increase in sentence of subparagraph (A), and Citizens Relief Act of 2010’’ after ‘‘the Amer- benefits for the average Social Secu- ican Recovery and Reinvestment Tax Act of (B) by striking subparagraph (B) and in- rity retiree, and it is the same amount serting the following: 2009’’. ‘‘(B) DEADLINE.—No payment for calendar (d) EFFECTIVE DATE.— seniors received last year as part of the year 2009 shall be disbursed under this sec- (1) IN GENERAL.—Except as otherwise pro- Recovery Act. tion after December 31, 2010, and no payment vided in this subsection, the amendments Two percent is not a lot of money, for calendar year 2010 shall be disbursed made by this section shall take effect on the but it will, in fact, provide much need- under this section after December 31, 2011, date of the enactment of this Act. ed help to millions of people who are regardless of any determinations of entitle- (2) APPLICATION OF RULE RELATING TO DE- demanding we not turn our back on ment to, or eligibility for, such payment CEASED INDIVIDUALS.—The amendment made them. This amendment is supported by made after whichever of such dates is appli- by subsection (a)(5)(F) shall take effect as if a wide array of seniors and veterans or- cable to such payment.’’, included in section 2201 of the American Re- covery and Reinvestment Tax Act of 2009. ganizations representing tens of mil- (7) in subsection (b), by inserting ‘‘(except lions of Americans. Let me give some that such certification shall be affected by a (e) EMERGENCY DESIGNATION.—This section is designated as an emergency requirement of the organizations that are sup- determination that an individual is an indi- pursuant to section 4(g) of the Statutory vidual described in subparagraph (A), (B), porting this amendment: the AARP, Pay-As-You-Go Act of 2010 (P.L. 111–139), and (C), or (D) of subsection (a)(4) during a period which is the largest senior group in designated as an emergency requirement and America; the American Legion, the described in such subparagraphs), and no in- necessary to meet emergency needs pursuant dividual shall be certified to receive a pay- to section 403(a) of S. Con. Res. 13 (111th Con- largest veterans group in America; the ment under this section for a calendar year gress), the concurrent resolution on the Veterans of Foreign Wars; the National if such individual has at any time been de- budget for fiscal year 2010. Committee to Preserve Social Security nied certification for such a payment for Mr. SANDERS. I ask unanimous con- and Medicare; the American Federa- such calendar year by reason of subpara- tion of Teachers Program on Retire- graph (A)(ii) or (C)(ii) of subsection (a)(4) sent that Senator MENENDEZ of New Jersey be added as a cosponsor. ment and Retirees; the Disabled Amer- (unless such individual is subsequently de- ican Veterans; the Alliance for Retired termined not to have been an individual de- The PRESIDING OFFICER. Without scribed in either such subparagraph at the objection, it is so ordered. Americans; Easter Seals; the Military time of such denial)’’ before the period at the Mr. SANDERS. I yield the floor and I Officers Association; the Vietnam Vet- end of the last sentence, suggest the absence of a quorum. erans of America; the National Council (8) in subsection (c), by striking paragraph The PRESIDING OFFICER. The on Aging; AMVETS; and many other (4) and inserting the following: clerk will call the roll. organizations.

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.006 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S994 CONGRESSIONAL RECORD — SENATE March 3, 2010 One of the side benefits of this help make ends meet. In this economy, hav- other products, they have not gone amendment is that funds directed to ing this protection is even more critical for down for millions of seniors who are this population will go almost imme- the financial security of all older Americans. dependent and spend a whole lot on diately into the economy. These are AARP applauds the President for urging health care. By the way, that is why, Congress to extend for 2010 the $250 economic folks who will spend that money, pro- relief provided to older Americans last year. when I was in the House, I offered leg- viding the quickest possible stimulus islation which received very strong bi- Let me quote again from another to local economies and thus creating partisan support to create a separate statement by AARP which I think jobs in every community in our coun- index for seniors in determining their makes this case very cogently. I think try. President Obama is strongly sup- COLAs. I do believe that is the direc- they nail it, and they tell us why it is portive of this $250 in emergency relief tion we have to go. absolutely imperative that we pass this to seniors. The President has included I have received many letters. Let me legislation. it in his budget, and he has also rec- read one more. ommended it be included in the under- Last year, the Social Security Administra- This comes from New Jersey. This is lying legislation we are debating tion announced that for the first time since it began in 1975, seniors will not receive an Claire from New Jersey: today. automatic cost of living adjustment for 2010. I am 82 years old. Having been widowed Here is what the President has said Although the lack of a COLA was triggered and bankrupt at age 37 to raise my 3 young about this issue: by low overall inflation— children alone, I thought that with my So- Even as we seek to bring about recovery, And here is the point— cial Security and my small pension plus by we must act on behalf of those hardest hit by savings, I would never have to depend on my this recession. That is why I am announcing the costs of the things seniors depend on children to care for me in my old age. But my support for an additional $250 in emer- most—prescription drugs and health care— now that my savings have been depleted by gency recovery assistance to seniors, vet- have continued to increase above inflation. 30 percent and my health care insurance is erans, and people with disabilities to help Seniors spend an average of 30 percent of costing me $3,200 a year, I am very worried if them make it through these difficult times. their income on health care costs, 6 times my savings will last me much longer. greater than what those with employer-spon- I very much appreciate the Presi- sored health care coverage spend, and these Elizabeth in Spur, TX, writes: dent’s support for what we are trying prescription drug costs, premiums, and Social Security is my main source of in- to do here today. copays have skyrocketed. come. I have bills that I couldn’t pay if it In Vermont and all across this coun- I think that is the main point to be wasn’t for this income. I think that it is a try, ordinary people believe the Con- made today. That is why we should disgrace that the Government will bail out gress is way out of touch with the re- the banks and car manufacturers but not support this one-time payment. sure if the elderly will get a COLA. The el- alities of their lives. They believe that AARP, of course, is a large national we just do not get it, that we do not derly are the people that have kept this organization. country together for years and they are con- understand that all over this country Let me give some quotes from letters sidering not giving them a little raise? I wish millions of people are hurting and that I have received from Vermont and from that some Members of the Congress and the sometimes they are hurting des- around the country. Senate had to live on the income that we perately, that people are frantically A gentleman from central Vermont have to and see how they can manage, like trying to keep bread on their tables. writes: the saying goes, if the shoe was on the other foot. People are trying to make sure they As you know, Social Security has not and their families can live with dig- given a COLA increase on benefits in 2010, Let me conclude by pointing out that nity, and they wonder if we in Congress based on the CPI. I did some research and there is bipartisan support for the con- get it. They know we are there for Wall found these increases from January 2009 to cept we are talking about today, espe- Street. They know that. They know we January 2010. cially in the House of Representatives. are there to take care of big banks and This is what he has calculated. In that body, in the House, Congress- insurance companies and drug compa- Power rates are up by 7 percent; heating men WALTER JONES, RODNEY ALEX- nies, but they are not quite sure we are oil up by 15 percent; propane up by 24 per- ANDER, PHIL GINGREY, and ROSCOE there to take care of vulnerable people cent; property taxes up 3.7 percent; gasoline BARTLETT—all Republicans—have in- who are elderly and who are disabled up 16.6 percent; food up, conservatively troduced legislation which, frankly, veterans. speaking, 3 percent. goes further than the amendment I am Let me read some quotes from orga- Here is where he said: offering. Instead of a one-time pay- nizations and individuals on this issue. The CPI was obviously done by statisti- ment, they are proposing a 2.9-percent This is what the VFW has to say in cians on vacation in Jamaica while sipping COLA for Social Security, which ends support of this legislation: some tropical concoctions that impaired up, obviously, costing a lot more than their judgment. These things above add up to This year veterans and seniors will not re- nearly $3,000. To cover this, I would require a one-time payment of about 2 percent. ceive COLA. This could not come at a worse a 12 percent increase in my disability bene- Here is what Congressman ALEX- time. Your legislation would provide a one- fits. ANDER, a Republican from Louisiana, time check of $250 to 1.4 million veterans, said about his legislation: 48.9 million Social Security recipients, and This is from central Vermont. I do 5.1 million SSI recipients. We believe that not agree with the writer of this letter Although the annual adjustment is a small this will provide some relief to those vet- that the statisticians came to their increase, it is a much-needed benefit for our erans and seniors living on fixed incomes. conclusions by sipping tropical concoc- Nation’s seniors to help them compensate for inflation and to sustain the skyrocketing ... tions in Jamaica. I don’t think that is We thank the VFW very much for prices of health care and prescription drugs. the case. But I do believe he is correct It is evident that the current Social Security their support. in suggesting that the methodology by system is not keeping up with our seniors’ Let me quote very briefly from the which COLAs for seniors are estab- basic needs. Congress must take action National Committee to Preserve Social lished is not right. Here is why. COLA today so that our Social Security bene- Security and Medicare: increases are determined by a look at ficiaries are protected tomorrow. The National Committee strongly urges the purchasing practices of the entire That is from Congressman ALEX- you to pass legislation to provide a $250 pay- population—all of us—and that is not ANDER, a Republican from Louisiana. I ment to our Nation’s seniors who did not re- ceive a COLA this year. It is vitally impor- fair to seniors today, whose purchasing agree with the Congressman, and I tant that we provide help for seniors of mod- needs are very different from the aver- hope all of my colleagues, Democrats est means who have been adversely affected age person’s. As the AARP pointed out, and Republicans, will agree that sen- by the economic recession and rapidly rising seniors spend a very disproportionate iors need emergency relief and they health care costs. amount of their limited incomes on need it now. Here is a quote from AARP, a group health care, prescription drugs, et Over 90 percent of the individuals that represents over 40 million Ameri- cetera. Those costs have gone up. In who will receive this emergency relief cans age 55 and older, in support of this other words, while costs may have gone make less than $75,000 and over 8 mil- amendment. This is what they say: down for younger people who may be lion who will receive help under this For over three decades, millions of Ameri- purchasing laptop computers, IPODs, amendment make less than $14,000 a cans have counted on annual increases to GPSs, flatscreen TVs, cell phones, and year.

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.032 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S995 That is where we are. Millions of peo- reform bill, the bill that has passed the annual rate of 4 percent. I am quite ple are wondering whether, in their Senate. As we know, it is over in the confident that had we not passed the times of need, when their costs are House. stimulus measure, the growth rate going up, when they are struggling to As the President announced just a would not be at that rate; it would be maintain their dignity—they are won- few minutes ago, he wants us—I think lower. dering whether a Congress that was it is the right thing to do—to pass a In the fourth quarter of 2009, the there for Wall Street, a Congress which modification to that bill by a majority gross domestic product grew at an an- over a period of years has been there vote. If we are going to do that, we nual rate of 5.7 percent. Now, that for the wealthiest people in this coun- have to make sure it is deficit neutral. might be somewhat artificially high try, whether that same Congress will In fact, I would like it even better than because of inventory, but, nevertheless, be there for disabled veterans and our deficit neutral; that is, that it would that was the number. One year earlier, seniors. I hope and believe we will be, reduce the deficit. This Medicare Im- in the fourth quarter of 2008, it was ac- and I ask for support for the amend- provement Fund can help very much tually declining at an annual rate of ment that will be voted on soon. toward assuring us that the underlying more than 5 percent. I yield the floor. bill, the health reform bill, is in fact Manufacturing in the United States The ACTING PRESIDENT pro tem- deficit neutral. expanded in August for the first time pore. The Senator from Montana is rec- So for those two reasons: One, I think in 19 months. Just think of that. Manu- ognized. it is better for us to pass health care facturing in our country expanded in AMENDMENT NO. 3352 reform using some of the funds in the August for the first time in 19 months. Mr. BAUCUS. Mr. President, I under- Medicare Improvement Fund so we can Housing prices in many parts of the stand we will have two amendments we make it deficit neutral, pass it, and country have stabilized; some are even will be voting on shortly; they will be then we can work on improving and increasing. The Case-Shiller index of the Thune amendment and the Grass- finding a permanent solution to the home prices has now risen 7 months in ley amendment. Let me say a few sustainable growth rate formula, a for- a row. words about each—first, the Grassley mula that has bedeviled us for many Unemployment is improving. Accord- amendment. years. ing to the Congressional Budget Office, The Grassley amendment essentially For those two reasons, I very much last year’s Recovery Act added between extends the formula under which doc- urge us to—as much as I appreciate the 1 million and 2.1 million people to our tors are paid, reimbursed for Medicare efforts of my good friend from Iowa, country’s payroll. The Recovery Act— services, by 3 more months. The under- discretion is the better part of valor that is the stimulus bill I am talking lying bill, in the formula known as sus- here. It would be better for us not to about—lowered the unemployment rate tainable growth rate, otherwise known adopt that amendment because we do by between .5 percent and 1.5 percent- as SGR, extends it for 7 months. need those dollars to help make sure age points from where it otherwise Frankly, it is my preference, strange we can pay for the underlying health would have been. as it may sound, that the extension be care reform bill. In addition, the Federal Reserve and not 7 months but 3 months, but when There is another amendment we will many independent economists have we negotiated out these provisions, it be voting on soon. It is No. 3338, the credited the stimulus with playing a turns out the extension was 7 months. Thune amendment. I support many of role in stabilizing the economy. But we You might ask why I favor a 3-month the small business tax relief concepts still have work to do. The national un- extension rather than 7 months. There outlined by Senator THUNE. In fact, employment rate stands at 9.7 percent. are two reasons. The main reason is many of these will be discussed as part The CBO estimates that 8 million jobs that I firmly expect health care reform of the small business jobs bill to be in- have been lost over the course of the to be passed within 3 months. If the troduced quite shortly. By that I mean ‘‘Great Recession.’’ They also say un- formula, the sustainable growth rate, in the next maybe week or two. I am employment may not be in its natural is extended for 3 months, that enables not sure exactly when, but quite soon state of 5 percent until the year 2016. us, as soon as health care reform is the Finance Committee will be mark- Revoking stimulus funds now would passed, to then address how we then ing up a small business jobs bill. send exactly the wrong signal to the get a much better solution to the SGR, I spoke with Senator LANDRIEU, who American economy and to unemployed the sustainable growth rate, and my is the chairperson of the Small Busi- people in our country. Just think of preference would be a permanent solu- ness Committee. We put together a that. Revoking stimulus funds now. tion. I am afraid if we extend this for, small business jobs package which we Just think of the signal that would say, 10 months and then health care re- think will be quite effective in helping send. We know there are more funds in form is passed, fixing the permanent small business people be more pros- the pipeline. The stimulus program is formula will not have the same ur- perous and have more people able to working. We take that away, just gency as it otherwise would. work for small business firms. think of the signal that would send So I do very much believe what we I might say, however, that Senator across our country. have now in the bill—7 months—is bet- THUNE’s amendment is problematic for We passed stimulus to give a needed ter than a 3-month extension. Another two reasons. First, his amendment boost to our economy. The bill is de- way of saying it, as much as I admire makes several provisions permanent. signed to work over 2 years—2 years. my good friend from Iowa, it would not This is not the time for that discus- We are in the second year now, just be- be appropriate to adopt his amend- sion. Making these provisions perma- ginning the second year now. We have ment. In fact, I do not favor his amend- nent is expensive, and, therefore, per- successfully started down the road to ment. manent provisions need to be discussed recovery, and the economy would falter The second reason is probably more as part of comprehensive tax reform. if these funds were withdrawn. compelling, and that is, although he Second, Senator THUNE’s amendment I urge my colleagues to oppose this does pay for his amendment by extend- would be offset with unspent and amendment. ing the formula for 3 more months, he unallocated mandatory spending of AMENDMENT NO. 3338, AS FURTHER MODIFIED does so by taking the funds out of a stimulus funds. I might say there is Mr. President, I ask unanimous con- fund which is used for Medicare. It is growing evidence that the recovery sent that at 2:45 p.m., the Senate pro- called the MIF, the Medicare Improve- package is working. There has been ceed to vote in relation to the fol- ment Fund. some debate over that proposition, but lowing amendments, in the order list- The Medicare Improvement Fund is I think the wave of evidence is that the ed, with no amendments in order to the very—it is almost essential so that we stimulus funds in the recovery package amendments prior to this vote; that have funds to pay for the underlying have had a significant positive effect. prior to each vote there be 4 minutes of health care bill. It is very important The Congressional Budget Office has debate equally divided and controlled that the underlying health care bill be said so. in the usual form: Thune amendment deficit neutral. We are working on cer- Over the last 6 months of 2009, for ex- No. 3338, as modified, and that prior to tain modifications to the health care ample, the overall economy grew at an the vote it be further modified with the

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.033 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S996 CONGRESSIONAL RECORD — SENATE March 3, 2010 changes at the desk; and the Grassley SEC. —03. INCREASED EXCLUSION AND OTHER amount in subsection (d)(1)(A), and the amendment No. 3352. MODIFICATIONS APPLICABLE TO $75,000,000 amount in subsection (d)(1)(B) QUALIFIED SMALL BUSINESS STOCK. shall each be increased by an amount equal The ACTING PRESIDENT pro tem- (a) INCREASED EXCLUSION.— pore. Without objection, it is so or- to— (1) IN GENERAL.—Subsection (a) of section ‘‘(A) such dollar amount, multiplied by dered. 1202 is amended to read as follows: ‘‘(B) the cost of living adjustment deter- The amendment, as further modified, ‘‘(a) EXCLUSION.— mined under section 1(f)(3) for the calendar is as follows: ‘‘(1) IN GENERAL.—In the case of a taxpayer year in which the taxable year begins, deter- other than a corporation, gross income shall AMENDMENT NO. 3336, AS FURTHER MODIFIED mined by substituting ‘calendar year 2009’ not include the applicable percentage of any At the end, insert the following: for ‘calendar year 1992’ in subparagraph (B) gain from the sale or exchange of qualified thereof. TITLE ——ADDITIONAL BUSINESS TAX small business stock held for more than 5 ‘‘(2) ROUNDING.—If any amount as adjusted RELIEF years. under paragraph (1) is not a multiple of Subtitle A—General Provisions ‘‘(2) APPLICABLE PERCENTAGE.—For pur- $1,000,000 such amount shall be rounded to SEC. —01. PERMANENT INCREASE IN LIMITA- poses of paragraph (1), the applicable per- the next lowest multiple of $1,000,000.’’. TIONS ON EXPENSING OF CERTAIN centage is— (f) EFFECTIVE DATES.— DEPRECIABLE BUSINESS ASSETS. ‘‘(A) 50 percent, in the case of stock issued (1) IN GENERAL.—The amendments made by (a) PERMANENT INCREASE.—Subsection (b) after August 10, 1993, and on or before Feb- subsections (a), (b), and (d) shall apply to of section 179 is amended— ruary 18, 2009, stock acquired after the date of the enact- (1) by striking ‘‘$25,000’’ and all that fol- ‘‘(B) 75 percent, in the case of stock issued ment of this Act. lows in paragraph (1) and inserting after February 18, 2009, and on or before the (2) LIMITATION; INFLATION ADJUSTMENT.— ‘‘$500,000.’’, date of the enactment of the American The amendments made by subsections (c) (2) by striking ‘‘$200,000’’ and all that fol- Workers, State, and Business Relief Act of and (e) shall apply to taxable years ending lows in paragraph (2) and inserting 2010, and after the date of the enactment of this Act. ‘‘$2,000,000’’, ‘‘(C) 100 percent, in the case of stock issued SEC. —04. DEDUCTION FOR ELIGIBLE SMALL (3) by striking ‘‘after 2007 and before 2011, after the date of the enactment of the Amer- BUSINESS INCOME. the $120,000 and $500,000’’ in paragraph (5)(A) ican Workers, State, and Business Relief Act (a) IN GENERAL.—Paragraph (1) of section and inserting ‘‘after 2009, the $500,000 and the of 2010. 199(a) is amended to read as follows: $2,000,000’’, ‘‘(3) EMPOWERMENT ZONE BUSINESSES.— ‘‘(1) IN GENERAL.—There shall be allowed as (4) by striking ‘‘2006’’ in paragraph ‘‘(A) IN GENERAL.—In the case of qualified a deduction an amount equal to the sum of— (5)(A)(ii) and inserting ‘‘2008’’, and small business stock acquired after Decem- ‘‘(A) 9 percent of the lesser of— (5) by striking paragraph (7). ber 21, 2000, and on or before February 18, ‘‘(i) the qualified production activities in- (b) PERMANENT EXPENSING OF COMPUTER 2009, in a corporation which is a qualified come of the taxpayer for the taxable year, or SOFTWARE.—Section 179(d)(1)(A)(ii) is amend- business entity (as defined in section ‘‘(ii) taxable income (determined without ed by striking ‘‘and before 2011’’. 1397C(b)) during substantially all of the tax- regard to this section) for the taxable year, (c) EFFECTIVE DATE.—The amendments payer’s holding period for such stock, para- and made by subsections (b) and (c) shall apply graph (2)(A) shall be applied by substituting ‘‘(B) in the case of an eligible small busi- to taxable years beginning after December ‘60 percent’ for ‘50 percent’. ness for any taxable year beginning after 31, 2008. ‘‘(B) CERTAIN RULES TO APPLY.—Rules simi- 2009, 20 percent of the lesser of— SEC. —02. EXTENSION OF ADDITIONAL FIRST- lar to the rules of paragraphs (5) and (7) of ‘‘(i) the eligible small business income of YEAR DEPRECIATION FOR 50 PER- section 1400B(b) shall apply for purposes of the taxpayer for the taxable year, or CENT OF THE BASIS OF CERTAIN this paragraph. ‘‘(ii) taxable income (determined without QUALIFIED PROPERTY. ‘‘(C) GAIN AFTER 2014 NOT QUALIFIED.—Sub- regard to this section) for the taxable year.’’. (a) IN GENERAL.—Paragraph (2) of section paragraph (A) shall not apply to gain attrib- (b) ELIGIBLE SMALL BUSINESS; ELIGIBLE 168(k), as amended by the American Recov- utable to periods after December 31, 2014. SMALL BUSINESS INCOME.—Section 199 is amended by adding at the end the following ery and Reinvestment Tax Act of 2009, is ‘‘(D) TREATMENT OF DC ZONE.—The District new subsection: amended— of Columbia Enterprise Zone shall not be ‘‘(e) ELIGIBLE SMALL BUSINESS; ELIGIBLE (1) by striking ‘‘January 1, 2011’’ in sub- treated as an empowerment zone for pur- SMALL BUSINESS INCOME.— paragraph (A)(iv) and inserting ‘‘January 1, poses of this paragraph.’’. ‘‘(1) ELIGIBLE SMALL BUSINESS.—For pur- 2012’’, and (2) CONFORMING AMENDMENTS.— (2) by striking ‘‘January 1, 2010’’ each place poses of this section, the term ‘eligible small (A) The heading for section 1202 is amended business’ means, with respect to any taxable it appears and inserting ‘‘January 1, 2011’’. by striking ‘‘partial’’. (b) CONFORMING AMENDMENTS.— year— (B) The item relating to section 1202 in the ‘‘(A) a corporation the stock of which is (1) The heading for subsection (k) of sec- table of sections for part I of subchapter P of tion 168, as amended by the American Recov- not publicly traded, or chapter 1 is amended by striking ‘‘Partial ex- ‘‘(B) a partnership, ery and Reinvestment Tax Act of 2009, is clusion’’ and inserting ‘‘Exclusion’’. amended by striking ‘‘JANUARY 1, 2010’’ and (C) Section 1223(13) is amended by striking which meets the gross receipts test of sec- inserting ‘‘JANUARY 1, 2011’’. ‘‘1202(a)(2),’’. tion 448(c) (determined by substituting (2) The heading for clause (ii) of section (b) REPEAL OF MINIMUM TAX PREFERENCE.— ‘$50,000,000’ for ‘$5,000,000’ each place it ap- 168(k)(2)(B), as so amended, is amended by Paragraph (7) of section 57(a) is amended by pears in such section) for the taxable year striking ‘‘PRE-JANUARY 1, 2010’’ and inserting adding at the end the following: ‘‘The pre- (or, in the case of a sole proprietorship, ‘‘PRE-JANUARY 1, 2011’’. ceding sentence shall not apply to stock which would meet such test if such propri- (3) Subparagraph (D) of section 168(k)(4) is issued after the date of the enactment of the etorship were a corporation). amended by striking ‘‘and’’ at the end of American Workers, State, and Business Re- ‘‘(2) ELIGIBLE SMALL BUSINESS INCOME.— clause (ii), by striking the period at the end lief Act of 2010.’’. ‘‘(A) IN GENERAL.—For purposes of this sec- of clause (iii) and inserting a comma, and by (c) INCREASE IN LIMITATION.— tion, the term ‘eligible small business in- adding at the end the following new clauses: (1) IN GENERAL.—Subparagraph (A) of sec- come’ means the excess of— ‘‘(iv) ‘January 1, 2011’ shall be substituted tion 1202(b)(1) is amended by striking ‘‘(i) the income of the eligible small busi- for ‘January 1, 2012’ in subparagraph (A)(iv) ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. ness which— thereof, and (2) MARRIED INDIVIDUALS.—Subparagraph ‘‘(I) is attributable to the actual conduct of ‘‘(v) ‘January 1, 2010’ shall be substituted (A) of section 1202(b)(3) is amended by strik- a trade or business, for ‘January 1, 2011’ each place it appears in ing ‘‘paragraph (1)(A) shall be applied by sub- ‘‘(II) is income from sources within the subparagraph (A) thereof.’’. stituting ‘$5,000,000’ for ‘$10,000,000’ ’’ and in- United States (within the meaning of section (4) Subparagraph (B) of section 168(l)(5), as serting ‘‘the amount under paragraph (1)(A) 861), and so amended, is amended by striking ‘‘Janu- shall be half of the amount otherwise in ef- ‘‘(III) is not passive income (as defined in ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. fect’’. section 904(d)(2)(B)), over (5) Subparagraph (C) of section 168(n)(2), as (d) MODIFICATION OF DEFINITION OF QUALI- ‘‘(ii) the sum of— so amended, is amended by striking ‘‘Janu- FIED SMALL BUSINESS.—Section 1202(d)(1) is ‘‘(I) the cost of goods sold that are allo- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. amended by striking ‘‘$50,000,000’’ each place cable to such income, and (6) Subparagraph (D) of section 1400L(b)(2) it appears and inserting ‘‘$75,000,000’’. ‘‘(II) other expenses, losses, or deductions is amended by striking ‘‘January 1, 2010’’ and (e) INFLATION ADJUSTMENTS.—Section 1202 (other than the deduction allowed under this inserting ‘‘January 1, 2011’’. is amended by redesignating subsection (k) section), which are properly allocable to (7) Subparagraph (B) of section 1400N(d)(3), as subsection (l) and by inserting after sub- such income. as so amended, is amended by striking ‘‘Jan- section (j) the following new subsection: ‘‘(B) EXCEPTIONS.—The following shall not uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(k) INFLATION ADJUSTMENT.— be treated as income of an eligible small (c) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—In the case of any tax- business for purposes of subparagraph (A): made by this section shall apply to property able year beginning after 2010, the $15,000,000 ‘‘(i) Any income which is attributable to placed in service after December 31, 2009. amount in subsection (b)(1)(A), the $75,000,000 any property described in section 1400N(p)(3).

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.035 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S997 ‘‘(ii) Any income which is attributable to our Web site, the amount of new pro- AMENDMENT NO. 3342 TO AMENDMENT NO. 3336 the ownership or management of any profes- grams; that we publish the total (Purpose: To amend the Internal Revenue sional sports team. amount of spending, discretionary and Code of 1986 to impose an excise tax on ex- ‘‘(iii) Any income which is attributable to mandatory, passed by the Senate that cessive 2009 bonuses received from certain a trade or business described in subpara- has not been paid for. major recipients of Federal emergency eco- graph (B) of section 1202(e)(3). nomic assistance, to limit the deduction ‘‘(iv) Any income which is attributable to Mr. BAUCUS. I appreciate that. This allowable for such bonuses, and for other any property with respect to which records is something that I do not like doing. I purposes) are required to be maintained under section am constrained to object, however, be- Mr. BAUCUS. I ask unanimous con- 2257 of title 18, United States Code. cause we have had requests from other sent to set aside the pending amend- ‘‘(C) ALLOCATION RULES, ETC.—Rules simi- Senators who wish to bring up their ment and call up amendment No. 3342 lar to the rules of paragraphs (2), (3), (4)(D), amendments, and, frankly, we have and (7) of subsection (c) shall apply for pur- offered by Senators WEBB and BOXER. poses of this paragraph. asked them to defer temporarily so we The ACTING PRESIDENT pro tem- ‘‘(3) SPECIAL RULES.—Except as otherwise can set up a reasonable order back and pore. Without objection, it is so or- provided by the Secretary, rules similar to forth of Senators. dered. the rules of subsection (d) shall apply for Regrettably, I do not like objecting, The clerk will report. purposes of this subsection.’’. but I do feel constrained to object to The bill clerk read as follows: (c) CONFORMING AMENDMENT.—Section the Senator’s request. The Senator from Montana [Mr. BAUCUS], 199(a)(2) is amended by striking ‘‘paragraph The ACTING PRESIDENT pro tem- for Mr. WEBB and Mrs. BOXER, proposes an (1)’’ and inserting ‘‘paragraph (1)(A)’’. amendment numbered 3342 to amendment (d) EFFECTIVE DATE.—The amendments pore. Objection is heard. No. 3336. made by this section shall apply to taxable AMENDMENT NO. 3358 TO AMENDMENT NO. 3336 Mr. BAUCUS. I ask unanimous con- years beginning after December 31, 2009. Mr. COBURN. I ask again unanimous sent that further reading of the amend- SEC. —05. NONAPPLICATION OF CERTAIN LABOR STANDARDS TO PROJECTS FI- consent to call up amendment No. 3358, ment be dispensed with. NANCED BY THE AMERICAN RECOV- and immediately after it is called up it The ACTING PRESIDENT pro tem- ERY AND REINVESTMENT ACT. be set aside. pore. Without objection, it is so or- (a) TAX-FAVORED BONDS.—Section 1601 of The ACTING PRESIDENT pro tem- dered. the American Recovery and Reinvestment (The amendment is printed in the Tax Act of 2009 is hereby repealed. pore. Without objection, it is so or- RECORD dated March 1, 2010, under (b) STIMULUS PROJECTS.— dered. ‘‘Text of Amendments.’’) (1) IN GENERAL.—Notwithstanding any The clerk will report. other provision of law, subchapter IV of The bill clerk read as follows: AMENDMENT NO. 3338 chapter 31 of title 40, United States Code, The ACTING PRESIDENT pro tem- shall not apply to any project funded di- The Senator from Oklahoma [Mr. COBURN] pore. Under the previous order, there rectly by or assisted in whole or in part by proposes an amendment numbered 3358 to will now be 4 minutes of debate equally amendment No. 3336. and through the Federal Government pursu- divided prior to a vote in relation to ant to the American Recovery and Reinvest- Mr. COBURN. I ask unanimous con- amendment No. 3338, as further modi- ment Act of 2009. sent that the reading of the amend- fied, offered by the Senator from South (2) CONFORMING AMENDMENT.—Section 1606 ment be dispensed with. of division A of the American Recovery and Dakota, Mr. THUNE. Reinvestment Act of 2009 is hereby repealed. The ACTING PRESIDENT pro tem- Who yields time? If no one yields (3) EFFECTIVE DATE.—This subsection shall pore. Without objection, it is so or- time, time will be charged equally. apply to contracts entered into after the dered. The Senator from Montana. date of the enactment of this Act. The amendment is as follows: Mr. BAUCUS. Mr. President, the first two votes will be on the Thune amend- Subtitle B—Transfer of Stimulus Funds (Purpose: To require the Senate to be SEC. —11. TRANSFER OF STIMULUS FUNDS. transparent with taxpayers about spending) ment and the Grassley amendment. Notwithstanding section 5 of the American The Thune amendment has its heart in At the appropriate place, insert the fol- the right place. It is trying to help Recovery and Reinvestment Act of 2009 (Pub. lowing: Law 111-5), from the amounts appropriated small businesses and provide jobs. But, or made available and remaining unobligated SEC. lll. SENATE SPENDING DISCLOSURE. frankly, it has two very significant under such Act, the Director of the Office of (a) IN GENERAL.—The Secretary of the Sen- problems. Therefore, I urge it not be ate shall post prominently on the front page Management and Budget shall transfer from adopted. time to time to the general fund of the of the public website of the Senate (http:// www.senate.gov/) the following information: First, it makes permanent many pro- Treasury an amount equal to the sum of the visions of the tax law that actually amount of any net reduction in revenues re- (1) The total amount of discretionary and sulting from the enactment of this title. direct spending passed by the Senate that should be considered in tax reform. This is not the place to be writing tax Mr. BAUCUS. I suggest the absence has not been paid for, including emergency designated spending or spending otherwise reform. Our code is riddled with incon- of a quorum. exempted from PAYGO requirements. sistencies. Many of the provisions in The ACTING PRESIDENT pro tem- (2) The total amount of net spending au- the code fit together. Some don’t. pore. The clerk will call the roll. thorized in legislation passed by the Senate, There are loopholes. There is a lot of The bill clerk proceeded to call the as scored by CBO. overhaul needed, if we are going to roll. (3) The number of new government pro- Mr. COBURN. Mr. President, I ask grams created in legislation passed by the have significant tax reform. We should unanimous consent that the order for Senate. address those issues at the right time the quorum call be rescinded. (4) The totals for paragraphs (1) through (3) and the right place but not here. It The ACTING PRESIDENT pro tem- as passed by both Houses of Congress and does not make sense to make certain signed into law by the President. pore. Without objection, it is so or- provisions in the Tax Code permanent. (b) DISPLAY.—The information tallies re- The second flaw is, to pay for his pro- dered. quired by subsection (a) shall be itemized by Mr. COBURN. Mr. President, I ask visions, Senator THUNE uses excess bill and date, updated weekly, and archived stimulus funds, funds out of the Recov- unanimous consent to call up amend- by calendar year. ment No. 3358, that it be pending, and ery Act. The CBO says the Recovery (c) EFFECTIVE DATE.—The PAYGO tally re- Act is working well. then set it aside. quired by subsection (a)(1) shall begin with Last month CBO issued its report on Mr. BAUCUS. Mr. President, reserv- the date of enactment of the Statutory Pay- the effects of the Recovery Act in the ing the right to object, first, will the As-You-Go Act of 2010 and the authorization fourth quarter. In that report, CBO Senator tell me the content of the tally required by subsection (a)(2) shall apply said: amendment? to all legislation passed beginning January 1, 2010. Mr. COBURN. I am sorry? CBO estimates that in the fourth quarter Mr. BAUCUS. Reserving the right to Mr. COBURN. I thank my colleague of calendar year 2009, the [Recovery Act] from Montana. added between 1 million and 12.1 million to object, tell me the content. the number of workers employed in the Mr. COBURN. This is an amendment The ACTING PRESIDENT pro tem- United States, and it increased the number that discusses the amount that the pore. The Senator from Montana is rec- of full-time-equivalent jobs by between 1.4 Secretary of the Senate will put up on ognized. million and 3 million.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.007 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE March 3, 2010 They say the Recovery Act created Graham LeMieux Sessions Medicare provisions for all of 2010, not or saved between 1 and 3 million jobs. Grassley Lugar Shelby just part of it. It replaces the provi- Gregg McCain Snowe That is why we need to defeat efforts Hatch McConnell Thune sions that are not fully offset with such as those of the amendment offered Inhofe Nelson (NE) Vitter fully offset provisions, and it adds an by the Senator from South Dakota. Isakson Risch Wicker additional 3 months for the physician Kyl Roberts The Recovery Act is working. Most update through the end of 2010. This economists say it is working. If it is NAYS—61 amendment draws additional funds working, we should let it continue Akaka Gillibrand Murray from the Medicare improvement fund working. We should not take away dol- Baucus Hagan Nelson (FL) to ensure these provisions are fully off- Bayh Harkin Pryor lars from it. Begich Inouye Reed set. I urge the Thune amendment not be Bennet Johanns Reid My friend from Montana said that is adopted. Bingaman Johnson Rockefeller not the place to take the money from, Boxer Kaufman The ACTING PRESIDENT pro tem- Sanders but his substitute amendment takes Brown (OH) Kerry Schumer Burris Klobuchar money from the very same fund. I take pore. The time of the Senator has ex- Shaheen Byrd Kohl pired. Specter a little bit more, yes, but I don’t think Cantwell Landrieu a few billion in funding needed here Who yields time in favor of the Cardin Lautenberg Stabenow amendment? Carper Leahy Tester will make much of a difference when it Mr. BAUCUS. I don’t see Senator Casey Levin Udall (CO) comes to the $2.5 trillion cost of health Conrad Lieberman Udall (NM) THUNE. It may be a bit presumptuous, care reform, as was suggested earlier. Dodd Lincoln Voinovich but I ask unanimous consent that the Dorgan McCaskill Warner So I don’t see that as a valid argument time be yielded back, although it is not Durbin Menendez Webb for not paying for these Medicare pro- my place to make that request. Feingold Merkley Whitehouse visions. Feinstein Mikulski Wyden Going back to the situation at hand, The ACTING PRESIDENT pro tem- Franken Murkowski pore. Is there objection? the 30-day extension that passed last NOT VOTING—1 Mr. BAUCUS. Mr. President, I under- night only prevents payment cuts until stand he is on his way. Hutchison the end of March. Physicians and Medi- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Three- care beneficiaries need to have cer- pore. The Senator from New Hampshire fifths of the Senators duly chosen and tainty and be ensured access to care. is recognized. sworn not having voted in the affirma- This is the fiscally responsible way to Mr. GREGG. Mr. President, I was tive, the motion is not agreed to. The pay for these important Medicare pro- going to inquire of the chairman if he point of order is sustained and the visions. had locked in a speaker after the vote. amendment fails. We need to pass this very essential Mr. BAUCUS. No, it has not been AMENDMENT NO. 3352 amendment now, so I urge my col- locked in, but I will do so right now. I The PRESIDING OFFICER. Under leagues to support it. ask unanimous consent that the Sen- the previous order, there will be 4 min- The PRESIDING OFFICER. The Sen- ator from North Dakota, Senator DOR- utes of debate prior to a vote in rela- ator from Montana. GAN, be recognized to speak imme- tion to amendment No. 3352 offered by Mr. BAUCUS. How much time do I diately after the next series of votes the Senator from Iowa, Mr. GRASSLEY. have remaining? and that the Senator from New Hamp- The Senator from Montana. The PRESIDING OFFICER. There is shire, Mr. GREGG, be recognized to Mr. BAUCUS. Mr. President, I oppose 57 seconds remaining. speak thereafter. the Grassley amendment for two rea- Mr. BAUCUS. Mr. President, this is The ACTING PRESIDENT pro tem- sons. I oppose it reluctantly. Senator very simple: $10 billion is $10 billion. pore. Is there objection? GRASSLEY is a very decent man. His This amendment takes $10 billion away Without objection, it is so ordered. heart is almost always in the right from health care reform. We must pass All time has expired. place. It is in the right place here, but health care reform this year, and we Mr. BAUCUS. Mr. President, I raise a I oppose this amendment. need the dollars we can get. Ten billion point of order that the pending Thune First, the amendment seeks to ex- dollars is a lot. Right now, as we are amendment violates section 311 of the tend a stopgap measure for the pay- trying to put this bill together, we are Congressional Budget Act. ments of doctors under Medicare, but very close to making sure this budget The ACTING PRESIDENT pro tem- we should not prolong stopgap meas- is deficit neutral. In fact, we would like pore. The Senator from Texas. ures. We should pass a short-term stop- it to be better than deficit neutral. This $10 billion counts. We should not Mr. CORNYN. I move to waive the gap, and then we should make mean- rob health care reform in order to pay applicable section of the Budget Act ingful payment reform for the payment for an extension of the doc fix that is with respect to the amendment and ask of doctors under Medicare. That is not needed at this time. We will take for the yeas and nays. what doctors want. That is what would care of the doc fix after we take care of The ACTING PRESIDENT pro tem- be very much in the best interests of health care reform. pore. Is there a sufficient second? seniors, and that is the responsible way Mr. GRASSLEY. Mr. President, do I There appears to be. to govern. have some time? The question is on agreeing to the Second, the Grassley amendment The PRESIDING OFFICER. The Sen- motion. takes its offsets away from the under- lying health care bill; that is, the bill ator from Iowa has 26 seconds remain- The clerk will call the roll. we are trying to pass in this next sev- ing. The bill clerk called the roll. eral weeks. Thus, it would undercut Mr. GRASSLEY. Good. I am glad I Mr. KYL. The following Senator is health care reform. We need the sav- have 26 seconds. His amendment takes necessarily absent: the Senator from ings we included in the health care bill, $8 billion away from the Medicare im- Texas (Mrs. HUTCHISON). especially the health reform bill. We provement fund, mine takes $10 billion The PRESIDING OFFICER (Mr. should not be robbing the health care away. MERKLEY). Are there any other Sen- bill of its offsets. For those reasons, I The PRESIDING OFFICER. The Sen- ators in the Chamber desiring to vote? oppose the Grassley amendment. ator from Montana. The yeas and nays resulted—yeas 38, The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, for all nays 61, as follows: ator from Iowa. those reasons, I move to table the [Rollcall Vote No. 33 Leg.] Mr. GRASSLEY. Mr. President, first, amendment, and I ask for the yeas and YEAS—38 I ask unanimous consent to add Sen- nays. Alexander Bunning Corker ators BOND and BENNETT as cosponsors. The PRESIDING OFFICER. Is there a Barrasso Burr Cornyn The PRESIDING OFFICER. Without sufficient second? There appears to be. Bennett Chambliss Crapo objection, it is so ordered. The question is on agreeing to the Bond Coburn DeMint Brown (MA) Cochran Ensign Mr. GRASSLEY. Mr. President, my motion. Brownback Collins Enzi amendment extends critically needed The clerk will call the roll.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.038 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S999 The assistant legislative clerk pro- agreement that has been reached. The omy to China and elsewhere? Let me ceeded to call the roll. agreement would provide $3.4 billion to describe some of them, if I might. Mr. KYL. The following Senator is settle outstanding claims and address These are well known. I have told other necessarily absent: the Senator from issues going back well over 100 years in stories on the floor many times. Texas (Mrs. HUTCHISON). which the Federal Government was Levis, the product of America. Amer- The PRESIDING OFFICER. Are there supposed to be taking care of the trust ica invented Levis. People wear Levis any other Senators in the Chamber de- accounts of American Indians. Some of all around the world, except Levis are siring to vote? those trust accounts were fleeced, sto- made virtually everywhere in the world The result was announced—yeas 54, len, and mismanaged. except the United States. They are all nays 45, as follows: This lawsuit has been going on for a gone. We do not make one pair of Levis [Rollcall Vote No. 34 Leg.] long period. The agreement settles the in the United States. Fruit of the YEAS—54 claims of American Indians who lost Loom underwear; gone to Mexico; gone their money, lost their assets, and lost Akaka Feinstein Merkley to Asia. Samsonite went to Mexico, Baucus Franken Mikulski their income. Many American Indians then to China. Maytag now makes Bayh Gillibrand Murray have died during the process of this their appliances in Mexico and Korea. Begich Hagan Pryor lawsuit. Hershey’s chocolate. You know, Her- Bennet Harkin Reed Now that a settlement has been Boxer Inouye Reid shey’s chocolate advertises York Pep- Brown (OH) Johnson Rockefeller reached, there is an April 16 deadline. permint Patties and they say: The Burris Kaufman Sanders The parties to the settlement agree- cool, refreshing taste of mint dipped in Byrd Kerry Schumer ment set an end date by which the Con- dark chocolate will take you miles Cantwell Klobuchar Shaheen gress must act, or the parties may re- Cardin Kohl Specter away. Well, apparently so many miles Carper Landrieu Stabenow turn to litigation. My hope is that the it ends up in Mexico—Mexico. Casey Lautenberg Tester Congress will be able to meet that I have mentioned often the cookies Conrad Leahy Udall (CO) deadline. We really do need to put this Dodd Levin Udall (NM) made by the Nabisco Company—Fig Dorgan Lieberman Warner issue behind us. It is a sorry chapter in Newtons. If somebody says to you: How Durbin McCaskill Whitehouse this country’s history. For over a cen- about going to have a Mexican dinner, Feingold Menendez Wyden tury we have mismanaged the prop- just buy a package of Fig Newtons. NAYS—45 erty, income, and royalties of Amer- They left New Jersey and went to Mex- Alexander Crapo McCain ican Indians. All of this resulted in the ico. I don’t know if it is cheaper to Barrasso DeMint McConnell filing of a lawsuit. shovel fig paste in Mexico than it is in Bennett Ensign Murkowski I commend the Secretary of the Inte- New Jersey, but it is made by a com- Bingaman Enzi Nelson (NE) rior, Secretary Salazar, who has pany called Nabisco. You know what Bond Graham Nelson (FL) worked so hard to reach this agree- Brown (MA) Grassley Risch that stands for? The National Biscuit Brownback Gregg Roberts ment. Company. Except the national biscuit, Bunning Hatch Sessions Having said that, let me describe two Burr Inhofe Shelby in this case, is made in Mexico. amendments I wish to offer to this leg- Well, the list goes on and on and on. Chambliss Isakson Snowe islation. One is an amendment I have Coburn Johanns Thune Hallmark Cards. Hallmark Cards was offered on a number of occasions over Cochran Kyl Vitter here for a century—a privately held Collins LeMieux Voinovich the years. It is important to offer it Kansas City, MO, company, founded by Corker Lincoln Webb again this year and get it done. Cornyn Lugar Wicker President Obama mentioned during a high school dropout who started the NOT VOTING—1 his State of the Union Address that he company in 1910 with a shoebox full of postcards. He made a living by selling Hutchison wanted this legislation passed by the them while working out of a YMCA in The motion was agreed to. Congress. It is painfully simple. My amendment says when an American Kansas City, and it became an unbe- Mr. BAUCUS. I move to reconsider lievably successful greeting card com- the vote. business shuts down its manufacturing plant in this country, locks the doors, pany. All of us know that. Under its Mr. DORGAN. I move to lay that mo- current management, despite annual tion on the table. fires the workers, and then moves the jobs overseas someplace for the purpose revenues, I understand, of over $4 bil- The motion to lay on the table was lion, they started to move jobs from agreed to. of selling the product they produce overseas back into our country, they Kansas City to three plants in China. The PRESIDING OFFICER. The Sen- You know, the company who cares ator from North Dakota. should not get a tax break. Yet, under today’s Tax Code, they, in fact, are re- enough to send you the very best? In Mr. DORGAN. Mr. President, my un- this case, it sends you the very best derstanding is that following my pres- warded with a tax break. This amendment would end that ill- from China. entation, Senator GREGG is going to be advised tax break and say: You are not My point is that I understand there recognized, or a Republican speaker. I going to be rewarded anymore in our are a whole lot of companies going to ask unanimous consent that following Tax Code by shipping jobs overseas and search for people who work for 50 cents the Republican speaker, Senator then selling the product back into our an hour and whom they can work 7 STABENOW be recognized on our side. I marketplace. This should have been days a week, 12 to 14 hours a day, and do that with the consent of the chair- corrected long ago. It should be cor- that is better for their bottom line. It man of the committee. rected now. enhances their profit when they can do The PRESIDING OFFICER. Without The amendment I filed is amendment that. But when they leave America, de- objection, it is so ordered. No. 3375. My hope is we will be able to ciding they are going to produce Etch COBELL LAWSUIT debate and vote on this amendment. A Sketch in Shenzhen, China, and then Mr. DORGAN. Mr. President, I wish I described the other day this issue ship it back to a Walmart here in the to discuss two amendments, one of we have of trying to find new jobs and United States to sell—when that hap- which I have filed and one of which I seeing how we can incentivize the cre- pens, and that town in Ohio that was will file shortly. Before I do that, I ation of new jobs in our country. About known for producing Etch A Sketch, have spoken with Senator INOUYE, Sen- 17 million people woke up this morning the little toy that all of us have used ator FEINSTEIN, and some others about in this country without work, without as a child—we ought not be saying something that is very important. It is a job, and wanting a job and are going good for you, we will give you a tax the settlement of the Cobell lawsuit. to spend today looking for work and break. The Cobell lawsuit has been in the Fed- not be able to find it. We are trying to When the Radio Flyer little red eral courts for 13 years. After a long find ways to incentivize the creation of wagon—the wagon we have all ridden period of negotiation between the Sec- jobs. That bill is the faucet, trying to in, started by a guy in Chicago, and for retary of the Interior, other parts of put more jobs in this economy. 110 years they made Radio Flyer little our Federal Government, and the What about the drain? What about red wagons in the United States—when plaintiffs in lawsuit, there is finally an all these jobs leaking out of this econ- they moved the production of little red

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.042 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1000 CONGRESSIONAL RECORD — SENATE March 3, 2010 wagons to China, we shouldn’t give a going to Thailand, Singapore, and I am transaction and get tax breaks so it tax break for those that are sold back going to China. He said: What we are can avoid paying U.S. taxes. into this country—a company that trying to do with my company is we Transactions involving streetcars is moves their jobs elsewhere in order to are trying to move our jobs from the one thing, but here is a tunnel that one produce and then sell back into our United States to Asian locations and of our American companies bought—a country. We ought to say: You know save some money in the production of tunnel in Antwerp, Belgium. Think of what, you are not going to get a tax these products we make. So I am going that, an American company deciding to break for that. out now to Thailand and Singapore and buy a tunnel in Antwerp, Belgium. Let me give an example of two com- China to scout out locations for our Why? Because they like tunnels, know panies, and two companies that make new manufacturing plants in Asia be- something about tunnels? They don’t bicycles; all right? They are made in cause we are going to move our jobs. have the foggiest idea about Belgian factories that are on the same street I was sitting next to this guy think- tunnels. It is a sale leaseback trans- corner but on different sides of the ing: You know, there will be hundreds action used to avoid paying U.S. taxes. street. One is called Huffy Bicycles. and hundreds of American workers But here is one that really struck my Most people have known the Huffy Bi- who, that morning, instead of getting interest. Wachovia Bank which, by the cycles and ridden them in their youth. on an airplane as he and I did, are way, has now been purchased by some- The other is ABC Bicycle, hypo- going to a manufacturing plant some- one else. They ended up with a belly thetically. Huffy Bicycles decides they where to make a product for his com- full of bad assets. And we ought to ask are paying $11 an hour to their Amer- pany, but they don’t know yet that he the question how did that happen? How ican workers, plus benefits, and they is on an airplane to try to find a way did it happen that a massive amount of think that is way too much to pay an how to move their jobs to Singapore or toxic bad assets landed in the belly of American worker so they leave Amer- to China or to Thailand. And isn’t that this bank—Wachovia Bank? But ica and go to China. And by the way, a shame? Wachovia Bank bought a sewer system that is true. They did. The other com- Some will listen to this and say: in Bochum, Germany. Why would pany stays here and says: No, we are Well, that is just protectionism. Lis- Wachovia Bank want to own a sewer in going to keep our American workers ten, closing a tax break that rewards Germany? Because they have people on and keep our American plant open and people from moving jobs overseas isn’t the board of directors who are experts keep these jobs in America. What is the protectionism. Keeping that tax break in German sewers? I don’t think so. Do difference between the two? When they open is, in my judgment, ignorance. we think maybe they have hired a new are competing at Sears or Walmart or Standing up for fair play and standing class of MBAs who are specialists in Kmart in this country, what is the dif- up for American jobs is not protec- sewer valuations in Germany? I don’t ference between the two bicycles? Well, tionism, it is doing everything we think so. An American bank wants to one was rewarded with a tax break be- ought to do to be supportive of the buy a German sewer system for the cause their production was sent over- kind of economy we want and the kind fact that it is a sale and leaseback. The seas, and the other has a competitive of good jobs we want in this country’s German sewer system is sold to an disadvantage because it was made here future. American bank. Does this bank ever go by American workers. And that ought That is one amendment. The second over and seize possession of a sewer not stand. amendment deals with an issue that pipe? They never even see a sewer pipe. This President asked during his most people, I am sure, can hardly be- All they want is a paper transaction so State of the Union Address for us to lieve their ears when they hear about they can depreciate the property to plug this hole. It raises money, reduces it. This is an issue I have spoken about avoid paying U.S. taxes. And in this the Federal budget deficit and finally previously, and some of this issue has case it is reported on Frontline that says to American workers: We are on been resolved but not all of it. As is Wachovia Bank saved $175 million by your side. We are not going to give a usually the case when something abu- this scam of buying a German city’s tax break to companies that ship their sive is happening, it gets shut down in sewer system. Unbelievable. jobs overseas and sell their products part but not in total, because you say: By the way, this has been going on back in America. Okay, let’s stop it as of this date. for some while before we were able to It is a very simple amendment. I I am talking about something called shut most of it down. I would also say don’t know anyone who would wish to SILOs and LILOs especially SILOs, or that I often speak of the fact that vote against this amendment. Yet, in- sale-in/lease out transactions. Most there are some companies that are now terestingly enough, I have offered it for people don’t know what that means— stepping forward to the IRS—I believe many years and have not been success- sale in, lease out. It doesn’t mean they about 45 companies have now stepped ful for a number of reasons. Occasion- aren’t smart. It is a title in the Tax forward—and said they are willing to ally, we have had a vote, but most Code that describes an activity that pay for the benefits they received, even often it gets thrown off in a parliamen- was created by some people who want- prior to the time this was shut down. tary procedure of some type. But this ed to avoid paying U.S. taxes. They But there are some transactions that is a bill that is open to amendment on want everything America has to offer, were allowed to continue, and we have revenue issues, and my hope is that at they just don’t want to pay taxes to American companies that continue to last—at long, long last—at a time when their country. get the benefit of those transactions. so many millions of Americans wish Let me describe what has been hap- My position is simple: This is abusive, they had a job and don’t, at a time pening in the last couple of decades, it is unmitigated greed, and it should when we still have so many companies and this is almost a perfect description have been shut down—all of it shut moving their jobs away from our coun- of the perversion in our economy and down. The Internal Revenue Service, try to other countries only to sell back the greed in our economy by some—not by the way, is still going back even be- into our country that which they made all, but by some—who steered this yond that date which was in the Fed- in China or elsewhere, my hope is that place into the ditch. Here it is: A cross- eral law and challenging these in court. finally we will say we won’t allow this border lease of Dortmund, Germany’s In fact, there are a couple of very large to happen any more with a reward in streetcars—a company called First companies at this point that are still our Tax Code for those that do it. Union Bank, which is now something disputing this and saying these are per- I was on an airplane a while back, else because it has been bought two ad- fectly reasonable transactions. Shame and I sat next to a guy who was wear- ditional times. So First Union Bank in on them. This doesn’t meet a third ing casual clothes—sweat pants and so America wants to lease streetcars in grade laugh test—an American com- on—and we said hello to each other. I Germany. Why would it want to lease pany picking up a German sewer sys- said: Where are you headed? He said: streetcars in Germany? Because it tem. Asia. That is why I am dressed this wants to run German streetcars? No, In fact, one American company way; I have 25 more hours of flying. I because from a German city it can bought a city hall from a German said: What are you going to do when lease the city’s streetcars and take town, and the auditor in that town you reach Asia? He said: Well, I am those assets in a lease-in/ leaseback said: Well, we don’t understand it, but

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.044 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1001 if that is what the Americans want to break if you had left. That is exactly So 1,050 people discovered their jobs do with their money, God bless them. the wrong message. What we should do were gone. But the same company, It wasn’t their money. What they were for those who stay is to reward them. then, is the one who moved the Penn- doing was sucking money out of the They are the heroes. They make up the sylvania House furniture long before coffers of this government, because in economy, the foundation, the strength that. many cases they are companies that of what America is, instead of reward- We have a lot to fix in this country, are trying to find every way possible to ing those who do exactly the wrong but we will. I am convinced our coun- avoid their Federal tax obligations. thing for this country. try’s better days are ahead if we make Yes, they want all the benefits Amer- These are my two amendments that I the right judgments. If we pass both of ica has to offer, except they don’t want would like to offer. these amendments I have offered, it the obligation of paying their full Let me just, finally, say this. I know will make a contribution significantly measure of taxes, as most people do. I get upset sometimes when I talk toward things that matter a lot in Most people who go to work in the about the abusive pieces of this tax American families: good jobs that pay mornings work an honest day, they policy and the abuse, I think, of trade well that give them some confidence in come home, and at the end of the year, policy that has resulted in the loss of the future. when it is time, they file their tax re- more than 5 million manufacturing I suspect I can’t ask unanimous con- turn. They have had their withholdings jobs. By the way, the loss of 1.5 million sent to pass both pieces, both amend- and they pay their taxes to our coun- manufacturing jobs in the last 12 to 15 ments at the moment, so I will nego- try, to our government. But there are a months—think of that. Think of 1.5 tiate with the chairman of the com- whole lot of interests that are much million households in which someone mittee to see if we can’t get votes on bigger that find ways to send people wakes up and says: I am jobless. I don’t both in the days to come. around the world not only to move have a job anymore. I used to make I yield the floor and suggest the ab- their jobs to where they can find 50- furniture but that furniture manufac- sence of a quorum. cent-an-hour labor, but perhaps while turer is gone. I used to make tool and The PRESIDING OFFICER (Mr. they are there, they might pick up a die machines—gone. You name it. FRANKEN). The clerk will call the roll. The assistant legislative clerk pro- sewer system to boot so they can avoid I told the story the other day on the ceeded to call the roll. paying U.S. taxes. That way they can floor of the Senate about Pennsylvania House furniture, which is such a great Ms. STABENOW. Mr. President, I ask move your job overseas and avoid pay- unanimous consent the order for the ing taxes at the same time, because example of what is happening in this country. Governor Wendell did every- quorum call be rescinded. you get a tax break for shutting your The PRESIDING OFFICER. Without American plant down and moving your thing he could to keep this great fur- niture company in Pennsylvania. They objection, it is so ordered. American jobs overseas, which I hope AMENDMENT NO. 3382 TO AMENDMENT NO. 3336 to shut down with my first amend- use Pennsylvania wood, so Pennsyl- vania House furniture was known as an Ms. STABENOW. I realize Senator ment; and then you get a tax break by GREGG is up to speak. I do not see him buying a German sewer system and de- upscale furniture manufacturer that used special wood from Pennsylvania. on the floor. I will be only a few min- preciating it and getting a tax break Then they were purchased by La-Z- utes, and then I will ask unanimous under the Tax Code. Boy. By the way, La-Z-Boy is also leav- consent he be recognized after me when Both of these amendments deserve to he comes to the floor. be passed. Both would raise money for ing, but that is a different story. They were purchased by La-Z-Boy, Mr. President, in a few moments I am the Federal Government, both would and La-Z-Boy decided they were mov- pleased I am going to be offering an reduce the Federal deficit and both ing Pennsylvania House furniture to amendment that is strongly supported have substantial merit. Will I get a China and just going to ship the Penn- by Members on both sides of the aisle vote on these? I hope so. One is now sylvania wood to China and put to- to focus on jobs and investments in filed and the other will be filed in a gether the furniture and ship the fur- equipment for companies that are cur- short period of time. I hope very much niture back. Governor Wendell did ev- rently not making a profit—which, un- that I will be able to get the oppor- erything he could to prevent that from fortunately, is too many across the tunity to have a vote here in the Sen- happening, but it happened. country right now. We want to make ate and close these tax breaks. The last day of work at the factory sure they have an opportunity to have Let me say that there are a whole lot where they had spent a century, the the capital they need to be able to of businesses in this country that are craftsmen who put that furniture to- grow as well. working very hard to make it. Many gether got together, and the last piece I thank Senator HATCH and Senator American businesses have had to steer of Pennsylvania House furniture that SCHUMER, Senator CRAPO, Senator through very difficult times. This is came off the manufacturing line every SNOWE, and Senator RISCH for working the deepest recession since the Great employee in that company gathered with me on an amendment that would Depression, and there are a lot of busi- around, they tipped it upside-down, and provide companies with an immediate nesses, large, medium, and small, that every one of them signed the bottom. source of capital to make increased in- are struggling every day to try to navi- Somebody in this country, perhaps, has vestments in our country and spur job gate through this deep economic abyss. a piece of furniture they don’t quite creation. Boy, I give them great credit. Many of Since the start of the recession in understand. It has the signature of these owners have risked their entire December of 2007, the Nation has lost every last craftsman to work in that life savings to run their business. They more than 8 million jobs, as we know. manufacturing plant in this country. get up in the morning and put the key That pride of production and con- It is an economic tsunami, what has in the door and open their businesses. tribution to this country is by workers happened to families in this country. So, look, what I want to have happen who just want a job, who want a coun- The national unemployment rate sky- is for us to recognize good businesses in try that does not move its manufac- rocketed from 5 percent to 10 percent this country that do the right thing turing jobs elsewhere but values its as companies are forced to cut costs every day—that hire American work- manufacturing jobs in this country. and to lay off workers to remain viable ers, produce products and strengthen In 2008, La-Z-Boy said in the next 2 just to keep the ship afloat. this country’s economy. My point is years it would move 1,050 employees in Our State, of course, the great State those businesses are at a significant Dayton, OH, to the plant in the Mexi- of Michigan, is much worse since we disadvantage if we continue to say to can State of Coahuila. They previously are at about a 14.6-percent unemploy- the business across the street: Move to moved other jobs to China, but they ment rate right now, and we certainly China and produce these products in did say this: are feeling the brunt of what has been China and, by the way, we will give you happening. These companies also con- We regret the impact the moves will have a tax break for doing it. And we say to on the families and lives of those employed tinue to face significant challenges in those who stay here: You know what, affected, and greatly appreciate the con- raising much-needed capital for new in- you shouldn’t have stayed here, be- tribution each of them made with their dedi- vestments to be able to keep people cause you would have gotten a tax cated services. working.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.045 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE March 3, 2010 This amendment would allow strug- porting requirements as taxpayers who The assistant legislative clerk pro- gling companies of all kinds that do receive income from a trade or busi- ceeded to call the roll. not benefit from other similarly de- ness. Ms. STABENOW. Mr. President, I ask signed incentives—such as bonus depre- This proposal would benefit a broad unanimous consent that the order for ciation or expanding the NOL range of companies, including airlines, the quorum call be rescinded. carryback period, and other things—to manufacturers, energy companies, The PRESIDING OFFICER. Without utilize their existing AMT credits high-tech companies—across the board, objection, it is so ordered. based on new investments they make companies large and small that cur- Ms. STABENOW. I ask unanimous in 2010. So if they make investments, rently find themselves in a position consent that the pending amendment we would allow them to use credits where they are not making a profit but be set aside, and I call up amendment they cannot use right now because have built up these prepaid credits. No. 3382. those credits can only be used against We have support from the U.S. Cham- The PRESIDING OFFICER. Without a profit, and they don’t have a profit. ber of Commerce, the National Asso- objection, it is so ordered. In addition to encouraging companies ciation of Manufacturers, the Associa- The clerk will report. to increase investments to maintain tion of Manufacturing Technology, As- The bill clerk read as follows: and expand jobs, the amendment also sociation of Equipment Manufacturers, The Senator from Michigan [Ms. makes available a badly needed source and Motor and Equipment Manufactur- STABENOW], for herself, Mr. HATCH, and Mr. of capital. We have all been talking ers Association. Some of the many U.S. SCHUMER, proposes an amendment numbered about access to capital. This is an im- employers who support the proposal 3382 to Amendment No. 3336. portant way we can make this avail- are American Airlines, Applied Micro Ms. STABENOW. I ask unanimous able at no real cost to the Federal Gov- Devices, Arch Coal, Associated Build- consent that the reading of the amend- ernment. I think that is what is impor- ers and Contractors, Bosch, Cliffs Nat- ment be dispensed with. tant about this amendment. AMT cred- ural Resources, CMS Energy, Consul The PRESIDING OFFICER. Without its are actually prepayments of tax Energy, Delta Airlines, Daimler, Gen- objection, it is so ordered. which the taxpayer can offset with fu- eral Motors, Goodyear, Micron, Na- The amendment is as follows: ture tax liability, dollar for dollar. So tional Mining Association, Owens Illi- (Purpose: To amend the Internal Revenue these are prepayments. nois, Peabody Energy, Qwest, T-mo- Code of 1986 to allow companies to utilize Normally, if they were making a bile, and Xerox. existing alternative minimum tax credits profit they would be able to offset their These are all major companies em- to create and maintain American jobs taxes and maintain additional revenue ploying thousands, tens or hundreds of through new domestic investments, and for other purposes) and capital, but they are not in a posi- thousands of people who are needing tion to do that right now. So at some access to capital. They have prepaid At the end of title VI, add the following: point we, in fact, would be giving them these credits. They need access to cap- SEC. 602. ELECTION TO TEMPORARILY UTILIZE ital now so they can maintain their UNUSED AMT CREDITS DETERMINED credit, and they would be able to use workforce and, hopefully, expand it and BY DOMESTIC INVESTMENT. these credits and be able to keep cap- invest in the equipment that will allow (a) IN GENERAL.—Section 53 is amended by ital. But they cannot right now. So in adding at the end the following new sub- them to grow. a sense we are just moving up the day section: This amendment, again, is one that ‘‘(g) ELECTION FOR CORPORATIONS WITH UN- by which they can access the capital has broad bipartisan support. It will that is available with AMT credits. USED CREDITS.— allow us to essentially move forward ‘‘(1) IN GENERAL.—If a corporation elects to Since the credits never expire, the pro- the ability for companies to use these have this subsection apply, then notwith- posal merely accelerates when the AMT credits that they have already standing any other provision of law, the lim- credits are used. paid into, the dollars they have already itation imposed by subsection (c) for any This amendment would allow compa- paid. This is something that will allow such taxable year shall be increased by the nies to be able to cash in their built-up companies to get the equipment, the AMT credit adjustment amount. ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— tax credit so they can build factories, tools that are necessary; so as they are buy equipment, and create jobs. Spe- For purposes of paragraph (1), the term using that jobs credit we passed and ‘AMT credit adjustment amount’ means with cifically, it will allow companies to hiring people or continuing to be able utilize their existing AMT credits up to respect to any taxable year beginning in to grow and invest in the business and 2010, the lesser of— 10 percent of a new investment that keep the employees they have, that ‘‘(A) 50 percent of a corporation’s min- they make in a manufacturing facility they will be able to get some assistance imum tax credit determined under sub- and in equipment purchased this year, within the legislation we are passing. section (b), or in 2010. No company would be able to Again, let me just indicate that I ‘‘(B) 10 percent of new domestic invest- claim more than 50 percent of the value very much appreciate colleagues who ments made during such taxable year. ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- of the credit. have joined me. Senator HATCH, Sen- To accelerate the economic impact of poses of this subsection, the term ‘new do- ator SCHUMER, Senator CRAPO, Senator allowing companies to be able to access mestic investments’ means the cost of quali- SNOWE, Senator RISCH, and we have this capital and use the credits, the fied property (as defined in section others, I know, who are very interested 168(k)(2)(A)(i))— proposal would allow for an expedited in joining us as well. ‘‘(A) the original use of which commences refund process similar to current law I believe at this point I have not with the taxpayer during the taxable year, rules for net operating losses. heard for sure if we are in a position to and A company that elects the 5-year, actually call up the amendment at this ‘‘(B) which is placed in service in the net-operating year-loss carryback en- point. United States by the taxpayer during such acted earlier, which I supported strong- At the moment, if we are in a posi- taxable year. ‘‘(4) CREDIT REFUNDABLE.—For purposes of ly, would not be eligible to claim the tion to call up the amendment? I am benefits of this proposal. So it would be subsections (b) and (c) of section 6401, the ag- looking to staff to determine whether gregate increase in the credits allowable only those who cannot access other we are in a position to do that at this under part IV of subchapter A for any tax- proposals we put forward because of point? We are? All right. able year resulting from the application of the critical nature of helping compa- Then, Mr. President, I ask unani- this subsection shall be treated as allowed nies not making a profit, being able to mous consent the pending amendment under subpart C of such part (and not to any help them access capital. The amend- be set aside, and I will call up amend- other subpart). ment would be offset by improving tax ment No. 3382. ‘‘(5) ELECTION.— compliance from individuals who re- Mr. BAUCUS. Mr. President, I don’t ‘‘(A) IN GENERAL.—An election under this subsection shall be made at such time and in ceive rental income from properties. know that we are in that position yet The provision, originally proposed in such manner as prescribed by the Secretary, at this point. and once effective, may be revoked only with the President’s fiscal year 2009–2010 Mr. President, I suggest the absence the consent of the Secretary. budgets, would require people who re- of a quorum. ‘‘(B) INTERIM ELECTIONS.—Until such time ceived rental income on real estate to The PRESIDING OFFICER. The as the Secretary prescribes a manner for be subject to the same information re- clerk will call the roll. making an election under this subsection, a

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Mr. President, I ask estimate about 13,000 jobs along the the Secretary and the Commissioner of In- unanimous consent to set aside the gulf coast will be lost. ternal Revenue of such election. pending amendment and to call up So since this is a jobs bill, I thought ‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP amendment No. 3335 for the purposes of it would be a good place to put this INVESTMENTS.—For purposes of this sub- section, any corporation’s allocable share of modification only. amendment because it will save 13,000 any new domestic investments by a partner- I have already spoken about the jobs, building great apartments for ship more than 90 percent of the capital and amendment at length. I have already rent and purchase that our people need profits interest in which is owned by such submitted a lot of documents to the in the gulf coast. That is what the corporation (directly or indirectly) at all RECORD about the importance of this amendment does. times during the taxable year in which an amendment. But to recap, the amend- I ask unanimous consent for the election under this subsection is in effect ment I am offering on behalf of myself amendment to be modified. shall be considered new domestic invest- and Senators VITTER, COCHRAN, and The PRESIDING OFFICER. Without ments of such corporation for such taxable objection, it is so ordered. The amend- year. WICKER is an amendment that will help ment is so modified. ‘‘(7) NO DOUBLE BENEFIT.—Notwithstanding the recovery effort of the gulf coast, clause (iii)(II) of section 172(b)(1)(H), any tax- particularly as it relates to Louisiana, The amendment, as modified, is as payer which has previously made an election Mississippi, and Alabama. follows: under such section shall be deemed to have If we do not get this amendment on (Purpose: To amend the Internal Revenue revoked such election by the making of its this bill or the next bill—I prefer it on Code of 1986 to extend for 2 years the low- first election under this subsection. this bill—we will literally shut down income housing credit rules for buildings ‘‘(8) REGULATIONS.—The Secretary may 7,000 units that are under construction in GO Zones, and for other purposes) issue such regulations or other guidance as today of low-income and moderate On page 268, between lines 11 and 12, insert may be necessary or appropriate to carry out the following: housing along the gulf coast, from Mo- this subsection, including to prevent fraud SEC. lll. EXTENSION OF LOW-INCOME HOUS- and abuse under this subsection. bile to Waveland to Gulfport to New ING CREDIT RULES FOR BUILDINGS ‘‘(9) TERMINATION.—This subsection shall Orleans, all the way over to Cameron IN GO ZONES. not apply to any taxable year that begins Parish, the entire gulf coast. Many Section 1400N(c)(5) is amended by striking after December 31, 2010.’’. people witnessed the terrible catas- ‘‘January 1, 2011’’ and inserting ‘‘January 1, (b) QUICK REFUND OF REFUNDABLE CRED- trophe that happened in our State just 2013’’. IT.—Section 6425 is amended by adding at the SEC. lll. INCREASE IN INFORMATION RETURN 41⁄2 years ago, and we will be marking PENALTIES. end the following new subsection: the fifth anniversary of Katrina. The ‘‘(e) ALLOWANCE OF AMT CREDIT ADJUST- (a) FAILURE TO FILE CORRECT INFORMATION MENT AMOUNT.—The amount of an adjust- wounds seem a little bit fresh watching RETURNS.— ment under this section as determined under the scenes from Haiti and Chile. The (1) IN GENERAL.—Subsections (a)(1), subsection (c)(2) for any taxable year may be situation in Haiti is much more disas- (b)(1)(A), and (b)(2)(A) of section 6721 are increased to the extent of the corporation’s trous in many ways than what hap- each amended by striking ‘‘$50’’ and insert- AMT credit adjustment amount determined pened in the gulf coast, but we most ing ‘‘$100’’. under section 53(g) for such taxable year.’’. certainly went through our own hor- (2) AGGREGATE ANNUAL LIMITATION.—Sub- sections (a)(1), (d)(1)(A), and (e)(3)(A) of sec- (c) EFFECTIVE DATE.—The amendments rors. Five years seems like a long time, made by this section shall apply to taxable tion 6721 are each amended by striking years beginning after December 31, 2009. but when you are digging out of rubble ‘‘$250,000’’ and inserting ‘‘$1,500,000’’. SEC. 603. INFORMATION REPORTING FOR RENT- such as we see happening right now and (b) REDUCTION WHERE CORRECTION WITHIN AL PROPERTY EXPENSE PAYMENTS. when the flood waters don’t recede, in 30 DAYS.— (a) IN GENERAL.—Section 6041 is amended some places for 3 months, and people (1) IN GENERAL.—Subparagraph (A) of sec- by adding at the end the following new sub- can’t return to their neighborhoods for tion 6721(b)(1) is amended by striking ‘‘$15’’ section: 9 months, you can understand why it and inserting ‘‘$30’’. ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- (2) AGGREGATE ANNUAL LIMITATION.—Sub- has taken us a little time to rebuild sections (b)(1)(B) and (d)(1)(B) of section 6721 PENSE PAYMENTS.— some of this housing. It has taken ‘‘(1) IN GENERAL.—Solely for purposes of are each amended by striking ‘‘$75,000’’ and subsection (a) and except as provided in longer than we ever imagined. inserting ‘‘$250,000’’. paragraph (2), a person receiving rental in- In addition, despite the fact that we (c) REDUCTION WHERE CORRECTION ON OR come from real estate shall be considered to have worked as hard and as fast as we BEFORE AUGUST 1.— be engaged in a trade or business of renting can, in the middle of rebuilding some (1) IN GENERAL.—Subparagraph (A) of sec- property. of these multifamily units—we are try- tion 6721(b)(2) is amended by striking ‘‘$30’’ ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not ing to build them better, smarter, and and inserting ‘‘$60’’. apply to— (2) AGGREGATE ANNUAL LIMITATION.—Sub- more energy efficient, in a much better sections (b)(2)(B) and (d)(1)(C) of section ‘‘(A) any individual, including any indi- way than they were before for both vidual who is an active member of the uni- 6721are each amended by striking ‘‘$150,000’’ formed services, if substantially all rental public housing and low-income hous- and inserting ‘‘$500,000’’. income is derived from renting the principal ing—the market collapsed, which is not (d) AGGREGATE ANNUAL LIMITATIONS FOR residence (within the meaning of section 121) the fault of the people of Louisiana. We PERSONS WITH GROSS RECEIPTS OF NOT MORE of such individual on a temporary basis, don’t work on Wall Street. We don’t THAN $5,000,000.—Paragraph (1) of section ‘‘(B) any individual who receives rental in- live on Wall Street. We are just busy 6721(d) is amended— come of not more than the minimal amount, trying to build our communities back. (1) by striking ‘‘$100,000’’ in subparagraph (A) and inserting ‘‘$500,000’’, as determined under regulations prescribed Wall Street collapses. by the Secretary, and (2) by striking ‘‘$25,000’’ in subparagraph As a result, tax credits, which the (B) and inserting ‘‘$75,000’’, and ‘‘(C) any other individual for whom the re- Congress was so generous to give us quirements of this section would cause hard- (3) by striking ‘‘$50,000’’ in subparagraph ship, as determined under regulations pre- some years ago to do this work, if we (C) and inserting ‘‘$200,000’’. scribed by the Secretary.’’. don’t get this extension of a placed-in- (e) PENALTY IN CASE OF INTENTIONAL DIS- REGARD.—Paragraph (2) of section 6721(e) is (b) EFFECTIVE DATE.—The amendment service date, the developers—which in- made by this section shall apply to payments cludes the Catholic Church, nonprofit amended by striking ‘‘$100’’ and inserting made after December 31, 2010. ‘‘$250’’. developers, not just for-profit devel- (f) ADJUSTMENT FOR INFLATION.—Section Ms. STABENOW. I suggest the ab- opers—will lose their opportunity to 6721 is amended by adding at the end the fol- sence of a quorum. sell these credits in the marketplace lowing new subsection: The PRESIDING OFFICER. The for the financing necessary to finish ‘‘(f) ADJUSTMENT FOR INFLATION.— clerk will call the roll. construction. That is sort of the long ‘‘(1) IN GENERAL.—For each fifth calendar The bill clerk proceeded to call the and short of it. year beginning after 2012, each of the dollar roll. I am not here asking for additional amounts under subsections (a), (b), (d) (other Ms. LANDRIEU. I ask unanimous credits. We are grateful, those of us than paragraph (2)(A) thereof), and (e) shall be increased by such dollar amount multi- consent that the order for the quorum from the Gulf Coast States, for what plied by the cost-of-living adjustment deter- call be rescinded. the Congress has already given us. But mined under section 1(f)(3) determined by The PRESIDING OFFICER. Without if this amendment, a 2-year extension, substituting ‘calendar year 2011’ for ‘cal- objection, it is so ordered. is not attached to this bill, 7,000 units endar year 1992’ in subparagraph (B) thereof.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.012 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1004 CONGRESSIONAL RECORD — SENATE March 3, 2010 ‘‘(2) ROUNDING.—If any amount adjusted of the 9th fiscal year following the fiscal I have put together a number of pro- under paragraph (1)— year in which the earmark was made avail- posals for where we should begin tight- ‘‘(A) is not less than $75,000 and is not a able is rescinded effective at the end of that ening our belt, including the one for multiple of $500, such amount shall be round- 9th fiscal year. this amendment in a piece of legisla- ed to the next lowest multiple of $500, and SEC. l03. AGENCY WIDE IDENTIFICATION AND tion I introduced last fall called the ‘‘(B) is not described in subparagraph (A) REPORTS. Control Spending Now Act. The com- and is not a multiple of $10, such amount (a) AGENCY IDENTIFICATION.—Each Federal shall be rounded to the next lowest multiple agency shall identify and report every bined bill would cut the Federal deficit of $10.’’. project that is an earmark with an unobli- by about $1⁄2 trillion over 10 years. (g) EFFECTIVE DATE.—The amendments gated balance at the end of each fiscal year This amendment that is before us made by this section shall apply with respect to the Director of OMB. now would build off a proposal put for- to information returns required to be filed (b) ANNUAL REPORT.—The Director of OMB ward in President George W. Bush’s fis- on or after January 1, 2011. shall submit to Congress and publically post cal year 2009 budget proposal to rescind Ms. LANDRIEU. At the appropriate on the website of OMB an annual report that $226 million in highway earmarks that time, I will call up the amendment for includes— were over a decade old and still had (1) a listing and accounting for earmarks less than 10 percent of the funding uti- a vote and further debate. I wished to with unobligated balances summarized by make sure we have the modification in. agency including the amount of the original lized. Transportation Weekly did an I have now suggested a pay-for for it. I earmark, amount of the unobligated balance, analysis of these earmarks at the time. again thank Members for being helpful the year when the funding expires, if applica- They found that over 60 percent of the to us. We thought actually these units ble, and recommendations and justifications funding—$389 million—was in 152 ear- would be finished by now. Of course, for whether each earmark should be re- marks that had no funding spent or ob- the people trying to move into them scinded or retained in the next fiscal year; ligated from them. These clearly are want them to be finished. But between (2) the number of rescissions resulting either unwanted or a low priority for from this title and the annual savings result- the designated recipients. This is noth- us trying to get ourselves organized ing from this title for the previous fiscal after the catastrophe and then with the ing against transportation funding ei- year; and ther. I fully realize the need for invest- market collapsing, we need additional (3) a listing and accounting for earmarks time. That is all this amendment does. provided for the Department of Transpor- ment in our crumbling infrastructure I yield the floor and suggest the ab- tation scheduled to be rescinded at the end and its potential for job creation in sence of a quorum. of the current fiscal year. hard-hit segments such as construc- The PRESIDING OFFICER. The Mr. FEINGOLD. Mr. President, I ask tion, but having hundreds of millions clerk will call the roll. unanimous consent that Senator of dollars sit untouched in an account The bill clerk proceeded to call the COBURN be added as a cosponsor of the at the Department of Transportation roll. amendment. does nothing to address our infrastruc- Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Without ture needs and it does nothing to put unanimous consent that the order for objection, it is so ordered. people back to work. So what I have done is build on Presi- the quorum call be rescinded. Mr. FEINGOLD. Mr. President, I dent Bush’s concept a little. My The PRESIDING OFFICER. Without have offered an amendment to take a amendment expands this rescission to objection, it is so ordered. small step toward addressing the grow- all transportation earmarks that are AMENDMENT NO. 3368 TO AMENDMENT NO. 3336 ing problem of the Federal deficits. The underlying bill we are considering over 10 years old with unobligated bal- Mr. FEINGOLD. Mr. President, I ask ances of more than 90 percent. At a unanimous consent that the pending would extend many vitally important programs, including various tax provi- hearing recently before the Budget amendment be set aside so I may call Committee, I asked Transportation sions, unemployment benefits, COBRA up amendment No. 3368. Secretary Ray LaHood about these un- health benefits, and other provisions to The PRESIDING OFFICER. Is there wanted and unspent earmarks and help the millions of Americans who objection? whether he supported my proposal to have lost jobs or who are struggling in Without objection, it is so ordered. rescind them. Secretary LaHood re- this economy to get back on their feet The clerk will report. sponded: again. While I support these provisions, The bill clerk read as follows: The answer is, yes, we are supportive of I am disappointed the bill is not fully The Senator from Wisconsin [Mr. FEIN- your proposal, and we have identified signifi- GOLD] proposes an amendment numbered 3368 paid for. My amendment will not cover cant millions of dollars’ worth of earmarks. to amendment No. 3336. the whole cost of the bill, but it will It is unclear exactly how many hun- Mr. FEINGOLD. Mr. President, I ask make a small dent as we try to get our dreds of millions or even billions of unanimous consent that reading of the financial house in order and make the dollars could be saved by this proposal amendment be dispensed with. tough choices to avoid hamstringing being expanded to other transportation The PRESIDING OFFICER. Without future generations with this debt. earmarks in addition to the previous objection, it is so ordered. There is no single or easy solution to estimate of $626 million that would be The amendment is as follows: the massive deficits we face, but one rescinded from unwanted highway ear- thing we should be doing is taking a (Purpose: To provide for the rescission of un- marks in the first year. This proposal used transportation earmarks and to es- hard look at the Federal budget for would also be permanent so there tablish a general reporting requirement for wasteful or unnecessary spending. would likely be additional savings as any unused earmarks) Hard-working American families have the unwanted earmarks in the most re- At the appropriate place, insert the fol- to make these kinds of decisions every cent highway bill reach their 10-year lowing: week to make ends meet, whether it is anniversary. TITLE lll—RESCISSION OF UNUSED skipping a trip to the movies or clip- I think this is a very modest pro- TRANSPORTATION EARMARKS AND ping coupons or paying attention to posal, going after just the lowest of the GENERAL REPORTING REQUIREMENT the sale ads. But in the end, by cob- low-hanging fruit, and I would support SEC. l01. DEFINITION. bling together a series of small actions, going even further to make it cover all In this title, the term ‘‘earmark’’ means they try to get their budget back in Federal agencies. But with the uncer- the following: line. I think we in Congress should be tainty about how many of these un- (1) A congressionally directed spending doing the same thing. wanted and unspent earmarks there item, as defined in Rule XLIV of the Stand- My proposal to rescind old, unwanted might be across the whole Federal Gov- ing Rules of the Senate. transportation earmarks would bring ernment, my amendment simply re- (2) A congressional earmark, as defined for down our deficit by a modest sum by purposes of Rule XXI of the Rules of the quires an annual report by the OMB to House of Representatives. Washington, DC, standards—around collect information from each agency $600 million and perhaps a few billion SEC. l02. RESCISSION. and include recommendations on Any appropriated earmark provided for the dollars over time. But this is real whether these other unobligated ear- Department of Transportation with more money back in Wisconsin and one step marks should also be rescinded. than 90 percent of the appropriated amount on a path that is going to have to in- So as my colleagues can see, there is remaining available for obligation at the end clude many additional cuts. bipartisan support from the last two

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.013 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1005 administrations for this proposal, and American Recovery and Reinvestment Act of (ii) an acceleration factor equal to 1.73, there is bipartisan support in this Sen- 2009 (Public Law 111–5; 123 Stat. 116), from plus ate for this amendment. This shouldn’t the amounts appropriated or made available (B) an amount equal to 1 percent of the be a hard decision, and I hope to have under division A of such Act (other than amount determined under subparagraph (A) under title X of such division A), there is re- for State administrative costs. more strong bipartisan support in the scinded 100 percent of the remaining unobli- (2) RECONCILIATION AMOUNT.—Not later Senate. If we can’t agree to take old gated amounts as of the date of the enact- than July 1, 2010, the Secretary shall pay to earmarks that no one wants and use ment of this Act. The Director of the Office each electing State under subsection (c)(2) the money to pay down the deficit, of Management and Budget shall report to an amount equal to the excess (if any) of— then how are we ever going to get our each congressional committee the amounts (A) 75 percent of the amount of State and fiscal house in order? so rescinded within the jurisdiction of such local sales tax payable and not collected in I yield the floor, and suggest the ab- committee. such State during the sales tax holiday pe- (d) EMERGENCY DESIGNATION.—This section sence of a quorum. riod, over is designated as an emergency requirement (B) the amount determined under para- The PRESIDING OFFICER. The pursuant to section 4(g) of the Statutory graph (1)(A) and paid to such State. clerk will call the roll. Pay-As-You-Go Act of 2010 (Public Law 111– (c) REQUIREMENT FOR REIMBURSEMENT.— The assistant legislative clerk pro- 139; 2 U.S.C. 933(g)) and section 403(a) of S. The Secretary may not pay a reimbursement ceeded to call the roll. Con. Res. 13 (111th Congress), the concurrent under this section unless— Mr. BROWN of Massachusetts. Mr. resolution on the budget for fiscal year 2010. (1) the chief executive officer of the State President, I ask unanimous consent In the House of Representatives, this section informs the Secretary, not later than the that the order for the quorum call be is designated as an emergency for purposes first day of the sales tax holiday period of rescinded. of pay-as-you-go principles. the intention of the State to qualify for such The PRESIDING OFFICER. Without Mr. BROWN of Massachusetts. Mr. reimbursement by not collecting sales tax objection, it is so ordered. President, I intend to come back to- payable during the sales tax holiday period, morrow and explain the pending (2) in the case of a State which elects to re- AMENDMENT NO. 3391 TO AMENDMENT NO. 3336 amendment and allow my colleagues ceive the reimbursement of a reconciliation Mr. BROWN of Massachusetts. Mr. an opportunity to review the amend- amount under subsection (b)(2)— President, I ask unanimous consent to (A) the chief executive officer of the State ment. informs the Secretary and the Director of temporarily set aside the pending I yield the floor. amendment so that I may call up my Management and Budget and the retail sell- Mr. BURR. Mr. President, I suggest ers of tangible property in such State, not amendment which is at the desk. the absence of a quorum. The PRESIDING OFFICER. Without later than the first day of the sales tax holi- The PRESIDING OFFICER. The day period of the intention of the State to objection, it is so ordered. clerk will call the roll. make such an election, The clerk will report. The assistant legislative clerk pro- (B) the chief executive officer of the State The assistant legislative clerk read ceeded to call the roll. informs the retail sellers of tangible prop- as follows: Mr. BURR. Mr. President, I ask unan- erty in such State, not later than the first The Senator from Massachusetts [Mr. imous consent that the order for the day of the sales tax holiday period of the in- BROWN] proposes an amendment numbered quorum call be rescinded. tention of the State to make such an elec- 3391 to amendment No. 3336. The PRESIDING OFFICER. Without tion and the additional information (if any) that will be required as an addendum to the Mr. BROWN of Massachusetts. Mr. objection, it is so ordered. standard reports required of such retail sell- President, I ask unanimous consent AMENDMENT NO. 3389 TO AMENDMENT NO. 3336 ers with respect to the reporting periods in- that the reading of the amendment be Mr. BURR. Mr. President, I ask unan- cluding the sales tax holiday period, dispensed with. imous consent to set the pending (C) the chief executive officer reports to The PRESIDING OFFICER. Without amendment aside and to call up the Secretary and the Director of Manage- objection, it is so ordered. amendment No. 3389. ment and Budget, not later than June 1, 2010, The amendment is as follows: The PRESIDING OFFICER. Without the amount determined under subsection (b)(2) in a manner specified by the Secretary, (Purpose: To provide for a 6-month employee objection, it is so ordered. (D) if amount determined under subsection payroll tax rate cut, and for other purposes) The clerk will report. (b)(1)(A) and paid to such State exceeds the At the end of title I, add the following: The assistant legislative clerk read amount determined under subsection SEC. 103. EMPLOYEE PAYROLL TAX RATE CUT. as follows: (b)(2)(A), the chief executive officer agrees to (a) IN GENERAL.—For the 6-calendar-month The Senator from North Carolina [Mr. remit to the Secretary such excess not later period beginning after the date which is 60 BURR] proposes an amendment numbered than July 1, 2010, and days after the date of the enactment of this 3389 to amendment No. 3336. (E) the chief executive officer of the State Act, the Secretary of the Treasury shall re- Mr. BURR. Mr. President, I ask unan- certifies that such State— duce the rate of tax under section 3101(a) of imous consent that the reading of the (i) in the case of any retail seller unable to the Internal Revenue Code of 1986 and 50 per- amendment be dispensed with. identify and report sales which would other- wise be taxable during the sales tax holiday cent of the rate of tax under section 1401(a) The PRESIDING OFFICER. Without of such Code by such percentage such that period, shall treat the reporting by such sell- the resulting reduction in revenues to the objection, it is so ordered. er of sales revenue during such period, multi- Federal Old-Age and Survivors Insurance The amendment is as follows: plied by the ratio of taxable sales to total Trust Fund is equal to 90 percent of the (Purpose: To provide Federal reimbursement sales for the same period in 2010 as the sales amounts appropriated or made available and to State and local governments for a lim- tax holiday period, as a good faith effort to remaining unobligated under division A of ited sales, use, and retailers’ occupation comply with the requirements under sub- the American Recovery and Reinvestment tax holiday, and to offset the cost of such paragraph (B), and Act of 2009 (Pub. Law 111–5) (other than reimbursements) (ii) shall not treat any such retail seller of under title X of such division A) as of the On page 268, between lines 11 and 12, insert tangible property who has made such a good date of the enactment of this Act. the following: faith effort liable for any error made as a re- (b) TRANSFERS TO FEDERAL OLD-AGE AND SEC. ll. STATE AND LOCAL SALES TAX RELIEF sult of such effort to comply unless it is SURVIVORS INSURANCE TRUST FUND.—There FOR CONSUMERS. shown that the retailer acted recklessly or are appropriated to the Federal Old-Age and (a) IN GENERAL.—The Secretary shall reim- fraudulently, Survivors Trust Fund and the Federal Dis- burse each State for 75 percent of the (3) in the case of any home rule State, the ability Insurance Trust Fund established amount of State and local sales tax payable chief executive officer of such State certifies under section 201 of the Social Security Act and not collected during the sales tax holi- that all local governments that impose sales (42 U.S.C. 401) amounts equal to the reduc- day period. taxes in such State agree to provide a sales tion in revenues to the Treasury by reason of (b) DETERMINATION AND TIMING OF REIM- tax holiday during the sales tax holiday pe- the application of subsection (a). Amounts BURSEMENT.— riod, appropriated by the preceding sentence shall (1) PREDETERMINED AMOUNT.—Not later (4) the chief executive officer of the State be transferred from the general fund at such than 45 days after the date of the enactment agrees to pay each local government’s share times and in such manner as to replicate to of this Act, the Secretary shall pay to each of the reimbursement (as determined under the extent possible the transfers which State an amount equal to the sum of— subsection (d)) not later than 20 days after would have occurred to such Trust Fund had (A)(i) 75 percent of the amount of State receipt of such reimbursement, and such amendment not been enacted. and local sales tax payable and collected in (5) in the case of not more than 20 percent (c) RESCISSION OF CERTAIN STIMULUS such State during the same period in 2009 as of the States which elect to receive the reim- FUNDS.—Notwithstanding section 5 of the the sales tax holiday period, times bursement of a reconciliation amount under

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.056 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE March 3, 2010 subsection (b)(2), the Director of Manage- The PRESIDING OFFICER. Without cents. Over the next 10 years, right now ment and Budget certifies the amount of the objection, it is so ordered. our country is obligated at $5 trillion reimbursement required under subsection AMENDMENT NO. 3390 TO AMENDMENT NO. 3336 in interest payments. That is trillion (b)(2) based on the reports by the chief execu- with a ‘‘t.’’ I am reminded that the tive officers of such States under paragraph (Purpose: To provide an emergency benefit of (2)(C). $250 to seniors, veterans, and persons with most popular bumper sticker in Wash- (d) DETERMINATION OF REIMBURSEMENT OF disabilities in 2010 to compensate for the ington today is ‘‘Don’t tell Congress LOCAL SALES TAXES.—For purposes of sub- lack of cost-of-living adjustment for such what comes after a trillion.’’ I am not section (c)(4), a local government’s share of year, to provide an offset using unobli- sure we know yet. At the rate we are the reimbursement to a State under this sec- gated stimulus funds, and for other pur- going, we are going to find out. Do you tion shall be based on the ratio of the local poses) know who is going to be saddled with sales tax to the State sales tax for such Mr. BURR. Mr. President, I call up State for the same time period taken into that debt? It is going to be our children amendment No. 3390. and our grandchildren. Nobody wants account in determining such reimbursement, The PRESIDING OFFICER. The based on data published by the Bureau of the to leave our seniors, our veterans, and Census. clerk will report. the disabled without the means they (e) DEFINITIONS.—For purposes of this sec- The assistant legislative clerk read need to live. But I think even the peo- tion— as follows: ple who are the recipients of these (1) HOME RULE STATE.—The term ‘‘home The Senator from North Carolina [Mr. checks would look at us and say: Pay rule State’’ means a State that does not con- BURR] proposes an amendment numbered for it; don’t put it on my grandchildren trol imposition and administration of local 3390 to amendment No. 3336. taxes. or my great grandchildren. (2) LOCAL.—The term ‘‘local’’ means a city, Mr. BURR. Mr. President, I ask unan- My amendment No. 3390 is very sim- county, or other subordinate revenue or tax- imous consent that the reading of the ple. It says this: Pay for the $250 sti- ing authority within a State. amendment be dispensed with. pend and use the unobligated stimulus (3) SALES TAX.—The term ‘‘sales tax’’ The PRESIDING OFFICER. Without money, the money we have already ap- means— objection, it is so ordered. propriated. We cannot borrow it twice; (A) a tax imposed on or measured by gen- (The amendment is printed in today’s we can only borrow it once. Use the un- eral retail sales of taxable tangible property, RECORD under ‘‘Text of Amendments.’’) or services performed incidental to the sale obligated stimulus money, a little over of taxable tangible property, that is— Mr. BURR. Mr. President, there is an $14 billion—I think it is about $14.4 bil- (i) calculated as a percentage of the price, amendment pending by Senator SAND- lion—to pay for the stipend. Let’s do gross receipts, or gross proceeds, and ERS to offer a $250 stipend to seniors, the COLA, but let’s, in fact, make sure (ii) can or is required to be directly col- veterans, and those disabled to replace that COLA is paid for. The amendment lected by retail sellers from purchasers of the lack of a cost-of-living increase, a is almost identical to Senator SAND- such property, COLA increase. As we are all aware, ERS’ amendment which provides the (B) a use tax, or the formulas that drive the cost-of-liv- emergency benefit; it just pays for it. I (C) the Illinois Retailers’ Occupation Tax, ing increase are predominantly af- as defined under the law of the State of Illi- don’t think there is anything unrea- nois, but excludes any tax payable with re- fected by inflation. With the lack of in- sonable on that. The Congressional spect to food and beverages sold for imme- flation, seniors, veterans, and the dis- Budget Office estimates the cost of the diate consumption on the premises, bev- abled did not receive a cost-of-living Sanders amendment to be at 12.7 bil- erages containing alcohol, and tobacco prod- increase for this year. lion. I understand the Sanders amend- ucts. Senator SANDERS’ amendment is very ment was modified, so that might be (4) SALES TAX HOLIDAY PERIOD.—The term clear. He wants to provide a $250 sti- slightly higher. Millions of seniors and ‘‘sales tax holiday period’’ means the pe- pend. That has broad-based support veterans are struggling on fixed in- riod— within the Senate body, but I think it (A) beginning on the first Friday which is comes in this troubled economy. This 30 days after the date of the enactment of is responsible to say that to do this, we amendment also provides them the this Act, and should pay for it. To do this, we should ability to get through those tough (B) ending on the date which is 10 days not print more money, borrow that times but it also gives them the com- after the date described in subparagraph (A). money just to provide a $250 check. I fort of looking at their grandchildren (5) SECRETARY.—The term ‘‘Secretary’’ think most of our Nation’s seniors, vet- and their great-grandchildren and say- means the Secretary of the Treasury. erans, and disabled would agree with ing: I am not a burden on you because (6) STATE.—The term ‘‘State’’ means any of that statement. this was paid for. We accounted for it. the several States, the District of Columbia, To ignore the fact that we are not or the Commonwealth of Puerto Rico. Senator BUNNING came to the floor (7) USE TAX.—The term ‘‘use tax’’ means a paying for it would be to say that we yesterday—I think we were talking tax imposed on the storage, use, or other are going to pass this stipend on to our about $10 billion yesterday—and he consumption of tangible property that is not children and our grandchildren; that said: How can a country this great not subject to sales tax. we are going to take the money we are find a way to pay for $10 billion? Well, SEC. lll. RESCISSION OF DISCRETIONARY going to borrow and the debt and the we didn’t. And as that makes its way AMOUNTS APPROPRIATED BY THE obligation for that debt and we are through, we are going to borrow that AMERICAN RECOVERY AND REIN- VESTMENT ACT OF 2009. going to pass it generationally down. $10 billion, and that $10 billion is going (a) IN GENERAL.—All discretionary As a parent of a 25-year-old and a 24- to equate to $10 billion of interest pay- amounts made available by the American year-old, I do not think they deserve it. ments over the next 10 years. Let me Recovery and Reinvestment Act of 2009 (123 At some point, I hope they are both say that again. What we did yesterday Stat. 115; Public Law No: 111–5) that are un- going to have children, and I do not is going to compute to $10 billion worth obligated on the date of the enactment of think their children deserve for me to of interest payments over the next 10 this Act are hereby rescinded. (b) ADMINISTRATION.—Not later than 30 shove this down. And I think most years. No payment down of principal, days after the date of the enactment of this Members of the Senate probably agree just an obligation of interest on the Act, the Director of the Office of Manage- that it is time we start paying for it. debt. ment and Budget shall— How does this get back? Senator Maybe some are smart enough here (1) administer the reduction specified in SANDERS makes this an emergency dec- to tell me exactly what the interest subsection (a); and laration to spend. We have a lot of pri- rates are going to be in the open mar- (2) submit to the Committee on Appropria- orities, and there is probably not a pri- ketplace as we finance our debt 3 years, tions of the Senate and the Committee on Appropriations of the House of Representa- ority that does not deserve us to pay 5 years, 10 years down the road. I don’t tives a report specifying the account and the for it, to find somewhere where we think it is going to be where it is amount of each reduction made pursuant to have prioritized and decided, here is today. There is every indication it is subsection (a). how we are going to pay for it, versus going higher. So when I state the num- Mr. BURR. Mr. President, I am going to continue to go out and borrow. ber $5 trillion over the next 10 years, to set this amendment aside and talk Let me remind my colleagues, we you have to understand that is a static on it later. have the largest debt we have ever had. interest rate that we have applied to it. I ask unanimous consent to set the It continues to climb every day. Of It is 3.45, is the projection of the Con- pending amendment aside. every dollar we spend, we borrow 43 gressional Budget Office. And they

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.016 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1007 have said if it averages at this point, they are not going to use this as a real gency that is not an emergency, and then we are going to, as a nation, owe measure to control spending. So the that we should pay for this by the end $5 trillion, if we didn’t borrow another bill passed along party lines. And al- of the year. What a commonsense idea dime. Well, not only do we continue to though I didn’t support it, I hoped for to bring to Washington and perhaps to borrow money, but the likelihood is, the best. the Congress, that we pay for the pro- with the economic conditions and with But here we are, a couple of weeks grams we decide need funding, that we the fragile nature of the international after the President signed the pay-go don’t balance it on the backs of our economy, anybody who buys our debt, law, and I want to remind the Senate kids and grandkids. As Senator BURR anybody who loans us their money is of the comments of Majority Leader said, we shouldn’t borrow $10 billion to probably going to want to require more REID upon arguing for the passage of spend $10 billion. The spending in than 3.45 percent to take the risk. the bill. He said: This pay-go—pay-as- Washington is unsustainable. When countries such as Greece are on you-go rule—we are proposing for the Let’s do these good programs, but the precipice of default, it drives the government is the same one Americans let’s take a novel approach and let’s international market up. It drives the use every day in their individual lives; pay for them. cost of risk up. It will drive the cost of the same ones we teach our children. In Mr. President, at this time I wish to our risk up. What is $5 trillion today— order to spend a dollar, we have to make a point of order. Pursuant to sec- we might not borrow another dime— have that dollar in our wallet. This law tion 4(g)(3) of the Statutory Pay-As- may end up being next week, next will enforce that commonsense ap- You-Go Act of 2010, I raise a point of month, next year $10 trillion over 5 proach. order against the emergency designa- years, just with the change in interest Sounds reasonable. Sounds like the tion provision contained in the pending rate; just with what it costs us to go right thing to do. The President, when substitute amendment. The PRESIDING OFFICER. The Sen- out and attract somebody to loan us he signed the law, said: You have to make hard choices about where to ator from Montana. this money. Mr. BAUCUS. Mr. President, pursu- I think I have given us a best-case spend and where to save. ant to section 904 of the Congressional scenario of saying we owe $5 trillion in Well, here we are, a few weeks later, Budget Act of 1974 and section 4(g)(3) of the next 10 years. Excuse me, $5 tril- and unfortunately the prediction of my the Statutory Pay-As-You-Go Act of lion plus 10 more billion that we spent colleagues that this was not a true en- 2010, I move to waive all applicable sec- last night. The question is: Today, are forcement mechanism on spending has tions of those acts and applicable budg- we going to add another $14 billion to come true. Because we are going to et resolutions for purposes of the sub- it? That is the decision in front of the designate the extension of these three stitute amendment, and I ask for the Congress. My amendment, No. 3390, programs as emergencies. They are emergencies. And if they are emer- yeas and nays. provides a $250 stipend. What it does The PRESIDING OFFICER. Is there a gencies, then we don’t have to make that the Sanders amendment doesn’t sufficient second? do, is it pays for it. It assures every re- them play by the rules. We don’t have There appears to be a sufficient sec- cipient—senior, veteran, disabled per- to cut spending in order to pay for ond. son—that they are not putting the obli- these programs. Mr. BAUCUS. Mr. President, this is a gation of their check on their grand- Unfortunately, we seem to designate killer motion the Senator from Florida children and their great grandchildren; whatever we choose as an emergency is making. This amendment kills jobs. that we are taking the responsibility and, therefore, we don’t have to do the This amendment tells people who are now to fund that. things Leader REID said. We don’t have currently unemployed: You are not I thank the Chair, and I yield the to do the things President Obama said. going to get an unemployment check. floor. But families sitting around their tables This amendment tells people who are The PRESIDING OFFICER. The Sen- who have bills to pay can’t say: This is trying to get health insurance under ator from Florida. an emergency; therefore, I can go and COBRA: Sorry, no more. This amend- Mr. LEMIEUX. Mr. President, the spend money I don’t have. Families ment tells doctors who are trying to Baucus substitute amendment gives can’t do that. Businesses can’t do that. take care of patients, Medicare pa- preferential treatment to the extension Even State governments, that have to tients, that they are not going to get of three programs: unemployment in- balance their budgets, can’t do that. paid what they should be paid. surance, COBRA, and what is known as So what is an emergency? What does Let me give a few numbers. Our legis- FMAP, which is the Federal Govern- the law tell us is proper to designate? lation will help half a million workers ment’s aid that it provides to States in Certainly we could think of cir- who lose their jobs get help under the payment of Medicaid. These are cumstances that could be an emer- COBRA. That is the health insurance laudable things to do, especially in this gency: a situation of war, the financial substitute provision for those who have difficult economic environment. In my meltdown we had a couple of years ago. lost their jobs. But the amendment of home State of Florida, we have nearly Certainly things such as that would the Senator from Florida says to those 12 percent unemployment. It is the justify being an emergency. Well, the half a million workers who lose their highest anyone can remember, and peo- Budget Act of 1974 lays out five dif- jobs today that they will not get insur- ple are struggling. So these are laud- ferent criteria that must be met. First, ance benefits under COBRA. able things to do. The challenge is we necessary, essential, or vital; second, This amendment also will have the are not going to pay for these spending sudden, quickly coming into being and effect, if adopted, of preventing nearly programs. We are going to put them on not building up over time; three, an ur- 40 million Medicare beneficiaries and the backs of our children and grand- gent pressing and compelling need, re- nearly 9 million TRICARE bene- children, as my colleague Senator quiring immediate attention; four, un- ficiaries from getting access to their BURR remarked in his comments. foreseen, unpredictable, unanticipated; doctors—40 million seniors and about 9 A couple of weeks ago, we passed a five, not permanent, temporary in na- million military personnel under bill here in the Senate called pay-go, ture. TRICARE. and the President just signed this bill None of these three extensions is This amendment will also prevent into law. I struggled with my vote on that. We saw these coming. To say this 400,000 Americans from getting unem- pay-go, being a new Member to the is an emergency is like putting $5 of ployment insurance benefits. Senate and being very concerned about gasoline in your car and then running That is just for starters. This motion, spending, and I thought about voting out of gasoline and saying: I have an if adopted, is not a poison amendment, for it. I thought about voting for it be- emergency. I couldn’t foresee that the it is a killer amendment. It kills the cause anything that cuts spending $5 wasn’t going to get me very far. bill we are trying to pass in a short pe- around here, on its face, seems like a Again, these are laudable programs, riod of time. The bill is basically to ex- good idea to me. But the challenge for and the point of order I am about to tend unemployment benefits, to extend me came in learning from some of my make is not going to stop this going the COBRA benefits, and to make sure colleagues that we don’t enforce pay- forward. All it is going to say is that that people who should get relief under go. They came to me and said: Look, you can’t declare something an emer- current law are able to maintain that.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.061 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1008 CONGRESSIONAL RECORD — SENATE March 3, 2010 This is very similar to the situation health care. I am supportive of helping example, there may be a competing we faced because of efforts of the Sen- out the States with Medicaid pay- drug plan with lower premiums. I al- ator from Kentucky not long ago. We ments. All I am asking is let’s pay for ways encourage people to reevaluate finally resolved that. That was a 30-day it. Surely, there is some other pro- their coverage on an annual basis to extension, and the Senate voted 78 to gram, duplicative in government, inef- see if there is another plan that offers 19 to continue those benefits under ficiencies we can find to offset this the benefits they need at a lower price. that 30-day provision. The Senator payment. Or, there may be a Medicare Advantage from Kentucky tried to stop it. Fi- This is not a killer, this is just re- plan that covers both prescription nally, the Senator relented and the sponsibility. drugs and provides coverage similar to Senate agreed by a vote of 78 to 19 that I yield the floor. a Medigap plan for a lower premium. we should proceed, and it passed that The PRESIDING OFFICER. The Sen- As an aside, senior citizens at my 30-day continuation. ator from Montana. town hall meetings frequently ask This is an emergency. We are now in Mr. BAUCUS. I hope we can vote on about congressional COLAs. I remind an economic emergency. Unemploy- this fairly soon. Basically, let’s remind them that Congress did not receive a ment is close to 10 percent. This econ- ourselves this is an emergency. We COLA this year either. I have consist- omy is still in a recession. It is slowly have lost over 7 million jobs in this re- ently voted against automatic COLAs getting better, but if this amendment cession. We are not out of the reces- for Congress. were to pass—if the amendment offered sion. Unemployment is close to 10 per- However, I recognize the financial cent. We hope it comes down. This is by the Senator from Florida were to need of many seniors who rely on So- an emergency and in emergency situa- become law—then, frankly, think of cial Security. A $250 check would be tions you take emergency action and the signal that would send to Ameri- roughly equal to a 2 percent COLA for that is why this legislation is nec- cans who are now relying upon COBRA the average beneficiary. essary now. benefits and unemployment benefits. Congress enacted the automatic I hope when the economy does re- This point of order is a killer, and COLA in 1972 in order to provide an ob- cover we have the fortitude to start to that is why we need to waive the budg- jective, nonpartisan way to determine live within our means, as we should. et point of order so we can vote for a benefit adjustments. The annual COLA Nobody debates that. But we are in a bill that would come before us later on has been based on the CPI calculations situation now where we have to make this evening. I urge Senators, when the of the Bureau of Labor Statistics ever sure we extend those benefits and that vote comes on this waiver, that we since. Medicaid dollars go to the States right waive the budget point of order, be- Any decision to change, or override, now because we are still in an emer- cause otherwise the provision of the the current process needs to be care- gency. Senator from Florida will send a ter- fully vetted. History shows Congress I urge, frankly, the motion to waive has often played partisan politics with rible signal to millions of Americans. the point of order. I hope it is success- The PRESIDING OFFICER. The Sen- Social Security without regard to the ful. solvency of the program or the burden ator from Florida. The PRESIDING OFFICER. The Sen- Mr. LEMIEUX. With all due respect placed on future taxpayers. ator from Illinois. I understand the desire to send $250 to my colleague, the chairman of the Mr. BURRIS. Mr. President, I ask Finance Committee, my point of order checks to current Social Security unanimous consent to speak about 5 beneficiaries to compensate for the will not stop these programs from minutes in morning business. being extended. What it will do is it lack of a COLA. But, we are also facing The PRESIDING OFFICER. Is there an annual budget deficit in excess of $1 will make sure we have to pay for them objection? Without objection, it is so by the end of the year—a novel idea, trillion for the second year in a row. ordered. We cannot continue to add to our def- that we actually pay for a program. So (The remarks of Mr. BURRIS per- icit without any regard to the con- we will have to look at programs we taining to the introduction of S. 3065 sequences. have now, perhaps, and we cut other are located in today’s RECORD under The Sanders amendment fails to in- programs. Do we not think there is ‘‘Statements on Introduced Bills and clude an acceptable way of offsetting some inefficiency in the administra- Joint Resolutions.’’) the $13 billion cost of this proposal. tion of the Federal Government? We AMENDMENT NO. 3390 The amendment offered by Senator had a proposal we tried to pass last Mr. GRASSLEY. Mr. President, in BURR would offset the cost by reducing year to require all the agencies of the October of 2008, the Social Security Ad- unspent stimulus funds. Federal Government to cut 5 percent— ministration, SSA, announced that Last year, CBO scored the stimulus just 5 percent—when they have had 5, beneficiaries would receive a 5.8-per- bill at $787 billion. But earlier this year 10, 15 and 20-percent increases year cent COLA in 2009, the biggest increase CBO revised its estimate to $862 billion. after year after year. Surely governing since 1982. CBO estimates that we have already and leadership is about making deci- This increase was primarily due to spent $200 billion in 2009 and we will sions. record high energy prices. Energy spend $400 billion in 2010. That leaves I voted for the 30-day extension. I prices have since declined resulting in more than $250 billion for future years. want to vote for this bill, but I want to a 2.1-percent year-over-year decline in This amendment would simply re- pay for it. I want to make sure we are the consumer price index, CPI, as de- duce the unspent balance by $13 billion. not borrowing money from the children termined by the Bureau of Labor Sta- It has been suggested by some on the and grandchildren of Floridians and tistics. other side of the aisle that we should other Americans to pay for this bill. I Because current law precludes a neg- not use stimulus money to pay for want to make sure we are not going to ative COLA, the SSA announced this other things. be paying interest to the Chinese to past October that there will be no They insist the stimulus money is pay for this bill. I think it makes per- COLA in 2010. needed to create jobs. Given the fact fectly good sense that we are required, It was also announced that there will we have lost nearly 4 million private by the end of the year, to find the be no increase in Medicare Part B pre- sector jobs since last year, I doubt the money to pay for this. miums for current beneficiaries, except stimulus money has created any net Every dollar we spend is a choice. It for those with incomes greater than new jobs. But for those who choose to is a choice on what we should spend it $85,000—single—and $170,000—married. believe government spending can cre- on. In this body and in this Congress it I understand the concerns about ate more jobs than it destroys, CBO is a choice, unfortunately, to put a bur- Medicare Part D and Medigap pre- says payments that can be made quick- den upon our children and grand- miums. Unlike Part B premiums— ly are more effective than those that children because we spend much more which cannot go up when there is no take a long time. than we have. COLA—these other premiums are not By that standard, using less effective I am supportive of extending unem- subject to such a restriction. stimulus dollars to pay for more effec- ployment compensation. I am sup- However, beneficiaries have other op- tive stimulus dollars is the best alter- portive of extending COBRA, which is tions to reduce these premiums. For native.

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.062 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1009 I urge my colleagues to support this The Senator from North Carolina. Pryor Shelby Vitter Risch Snowe Webb amendment which is fully paid for, and Mr. BURR. Mr. President, I will take Roberts Thune reject the amendment of my colleague my minute to simply say my amend- from Vermont that needlessly in- ment does exactly what the Sanders NAYS—59 creases the deficit. amendment does. It provides a $250 sti- Akaka Feinstein Merkley The PRESIDING OFFICER. The Sen- pend to seniors, veterans, the disabled Alexander Franken Mikulski Baucus Gillibrand Murray ator from Montana. who did not receive a cost-of-living in- Begich Gregg Reed Mr. BAUCUS. Mr. President, I think crease because the inflation formula Bingaman Hagan Reid we will soon be entering an order to did not provide one this year. The dif- Boxer Harkin Rockefeller Brown (OH) Inhofe vote on several amendments. I would ference between mine and Sanders is Sanders Burris Inouye Schumer like to point out the theme of these Byrd Johanns novel—I actually pay for the $14 billion Shaheen Cantwell Johnson amendments, most of which are offered we are paying out to seniors, veterans, Specter by the other side, are to cut back Re- Cardin Kaufman and the disabled. I am saying to every Carper Kerry Stabenow covery Act dollars, cut back stimulus recipient of a check, we are not going Casey Kohl Tester dollars, take away stimulus dollars. to bill this to your children and grand- Coburn Kyl Udall (CO) Udall (NM) We know the stimulus program has children, we are going to pay for it now Conrad Landrieu Dodd Lautenberg Voinovich created millions of jobs. At least that with money that is unobligated but al- Dorgan Leahy Warner is what CBO says. Certainly, it has cre- ready appropriated by the Congress. I Durbin Levin Whitehouse ated a great number of jobs. When think this is a reasonable approach. I Ensign Lieberman Wicker these amendments come up, I would think every Member should support it. Feingold Menendez Wyden like all Members to know the basic We should be pleased we are doing a NOT VOTING—3 theme of these amendments is to pay stipend to seniors, but we should sleep Bond Hutchison Sessions for them by cutting stimulus dollars, well tonight because we paid for it. The PRESIDING OFFICER. On this which I think is a bad idea. We should I yield the floor. vote, the yeas are 38, the nays are 59. not be cutting stimulus dollars. We The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- should be maintaining the Recovery ator from Montana. sen and sworn not having voted in the Act and stimulus program. We will Mr. BAUCUS. Mr. President, the Sen- affirmative, the motion rejected. soon get an order so we can start vot- ate voted yesterday, 53 to 43, against The Senator from Montana. ing on amendments. the Bunning amendment to cut back Mr. BAUCUS. Mr. President, I raise a Mr. President, I ask unanimous con- Recovery Act funds for the 30-day ex- point of order that the pending Burr sent that at 5:55 p.m. this evening the tension bill. Earlier today, the Senate amendment violates the pay-as-you-go Senate proceed to vote in relation to voted 61 to 38 against the Thune provisions, of S. Con. Res. 21, 110th the following amendments and the amendment to cut back Recovery Act Congress, the concurrent resolution on Baucus motion to waive in the order funds to pay for tax cuts, and now we the budget for fiscal year 2009. listed, that prior to each vote in the se- have the pending Burr amendment to The PRESIDING OFFICER. The quence, there be 2 minutes of debate di- cut back Recovery Act funds. In all point of order is sustained. vided and controlled in the usual form, three cases, we turned away those ef- The amendment falls. and after each vote in the sequence the forts to cut back Recovery Act/stim- AMENDMENT NO. 3353 remaining votes be 10 minutes’ dura- ulus funds. I think we should do the The PRESIDING OFFICER. The Sen- tion. same here, so people can get their ben- ator from New Hampshire. I might say the 2 minutes of debate, efits—excuse me, so the Sanders Mr. GREGG. What is the regular equally divided and controlled, be amendment gets passed. order? amended to 4 minutes of debate, equal- Mr. President, I raise a point of order The PRESIDING OFFICER. There is ly divided and controlled, with respect against the emergency provisions in 2 minutes evenly divided with respect to the two Bunning amendments. the amendment. Those two Bunning amendments are to the Sanders amendment No. 3353, as The PRESIDING OFFICER. The Sen- modified. Nos. 3360 and 3361. ator from North Carolina. The PRESIDING OFFICER. Is there Who yields time? Mr. BURR. I move to waive the ap- The Senator from Vermont is recog- objection? Without objection, it is so propriate provisions in the Budget Act ordered. nized. and ask for the yeas and nays. Mr. SANDERS. Mr. President, for the Mr. BAUCUS. Mr. President, just to The PRESIDING OFFICER. Is there a make it clear what the amendments first time in 36 years, seniors and dis- sufficient second? There appears to be. abled veterans and persons with dis- are, it is Burr amendment No. 3390; The question is on agreeing to the Sanders amendment No. 3353, as modi- abilities will not be receiving a cost-of- motion. living adjustment, a COLA on their fied; Bunning amendment No. 3360; The clerk will call the roll. Bunning amendment No. 3361, and Bau- benefits. The argument for that is that The assistant legislative clerk called they are not seeing inflationary costs. cus motion to waive the Budget Act. the roll. I thank the Chair. Go back home and talk to seniors, talk Mr. KYL. The following Senators are For the information of all Senators, to disabled veterans. They will tell you necessarily absent: the Senator from the first vote will be on the Burr they are paying sky-high costs for pre- Missouri (Mr. BOND), the Senator from amendment, which is similar to the scription drugs and health care. This Texas (Mrs. HUTCHISON), and the Sen- Sanders amendment. One big dif- amendment is supported by AARP, the ator from Alabama (Mr. SESSIONS). ference, that Burr amendment takes American Legion, the VFW, the Na- The PRESIDING OFFICER (Mr. stimulus dollars to pay for the Sanders tional Committee to Preserve Social BURRIS). Are there any other Senators amendment. Security, and a wide number of vet- in the Chamber desiring to vote? I yield the floor and suggest the ab- erans organizations and senior citizens The result was announced—yeas 38, sence of a quorum. organizations that know it is wrong to nays 59, as follows: The PRESIDING OFFICER. The turn our backs on seniors in this mo- clerk will call the roll. [Rollcall Vote No. 35 Leg.] ment of economic difficulty. The assistant legislative clerk pro- YEAS—38 Mr. LEAHY. Mr. President, Social ceeded to call the roll. Barrasso Collins Klobuchar Security represents a strong commit- Mr. BAUCUS. Mr. President, I ask Bayh Corker LeMieux ment to our nation’s seniors. Ever Bennet Cornyn Lincoln unanimous consent the order for the Bennett Crapo Lugar since Ida May Fuller of Vermont re- quorum call be rescinded. Brown (MA) DeMint McCain ceived the first Social Security check The PRESIDING OFFICER. Without Brownback Enzi McCaskill issued, vulnerable seniors have had a objection, it is so ordered. Bunning Graham McConnell safety-net to fall back on in retirement Burr Grassley Murkowski There are 2 minutes, equally divided, Chambliss Hatch Nelson (NE) and to supplement individual retire- prior to a vote on the Burr amendment. Cochran Isakson Nelson (FL) ment savings or pensions. Nearly 70

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.022 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE March 3, 2010 percent of beneficiaries depend on So- The yeas and nays resulted—yeas 47, people who receive it are likely to im- cial Security for at least half of their nays 50, as follows: mediately spend it. So let’s redirect income, and Social Security is the sole [Rollcall Vote No. 36 Leg.] money from an ineffective stimulus source of income for 15 percent of re- YEAS—47 bill in which some of the funding won’t cipients. Akaka Gillibrand Nelson (FL) be spent until fiscal year 2013 or be- Social Security is an immensely im- Baucus Hagan Pryor yond. Let’s stimulate the economy now portant program, one that has helped Begich Harkin Reed and prevent a massive increase in the millions of Americans stay out of pov- Bingaman Inouye Reid debt at the same time. Boxer Johnson erty once entering retirement. While Rockefeller I am having a hard time under- Brown (OH) Kaufman Sanders facing the rising costs of health care, Burris Kerry Schumer standing why some Senators believe food and fuel, Social Security has been Byrd Klobuchar Snowe stimulus funding is so sacred. Was the Cantwell Kohl Specter a successful safety net for more than 70 Cardin Lautenberg stimulus brought down from the moun- Stabenow years. However, for the first time in its Casey Leahy taintop by Moses? If that is the case, Tester history, this year Social Security re- Conrad Lincoln why did the majority raid stimulus Udall (NM) cipients will not receive a cost-of liv- Dodd Menendez money to pay for an extension of cash Dorgan Merkley Webb ing adjustment, COLA, due to the eco- Durbin Mikulski Whitehouse for clunkers? nomic deflation, rather than inflation, Franken Murray Wyden I will be the first to admit that nei- our economy experienced this past NAYS—50 ther side of the aisle has clean hands year. Since the COLA will not go into when it comes to out-of-control spend- Alexander DeMint McCain effect this year, Congress needs to act Barrasso Ensign McCaskill ing. We can’t control what was done in to ensure those who need it most will Bayh Enzi McConnell the past, but we can control what hap- receive this essential benefit. Bennet Feingold Murkowski pens today. It is time to take a stand— That is why I was proud to join Sen- Bennett Feinstein Nelson (NE) a stand for our children and grand- Brown (MA) Graham Risch ator SANDERS in cosponsoring the children so they won’t have to pay Brownback Grassley Roberts Emergency Senior Citizens Relief Act, Bunning Gregg Sessions back trillions more in debt. Burr Hatch which would provide all Social Secu- Shaheen I am tired of China holding the mort- Carper Inhofe Shelby rity recipients, railroad retirees, SSI Chambliss Johanns gage on our country. I am tired of the Thune beneficiaries and adults receiving vet- Coburn Kyl massive national debt that will be dou- Cochran Landrieu Udall (CO) bled in 5 years and tripled in 10. It is erans’ benefits with a one-time addi- Vitter Collins LeMieux hard for me to look my grandchildren tional check for $250 in 2010, similar to Corker Levin Voinovich the payment beneficiaries received as a Cornyn Lieberman Warner in the eye when I know this generation part of the American Recovery and Re- Crapo Lugar Wicker is handing them a country where they investment Act passed last year. NOT VOTING—3 won’t have the same opportunities to succeed and prosper as I did. It has to Today, we have the opportunity to in- Bond Hutchison Isakson clude this important emergency relief stop. in legislation aimed at helping all The PRESIDING OFFICER. On this I urge my colleagues to support my struggling Americans. This amendment vote, the yeas are 47, the nays are 50. amendment, and I yield the floor. represents our continued commitment Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The Sen- to providing a safety net to our na- sen and sworn not having voted in the ator’s time has expired. tion’s seniors and those with disabil- affirmative, the motion is rejected. Mr. BUNNING. Mr. President, our ities in this uncertain economy. The point of order is sustained. The spending has to stop. I urge my fellow Senators to support emergency designation is stricken. I urge my colleagues to support my the Sanders amendment. The Senator from New Hampshire. amendment, and I yield back. The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, I make a The PRESIDING OFFICER. The Sen- ator from New Hampshire is recog- point of order that the amendment vio- ator from Montana. nized. lates section 201 of S. Con. Res. 21 of Mr. BAUCUS. Mr. President, this Mr. GREGG. Mr. President, this the 110th Congress. Bunning amendment is the fourth at- amendment would add billions of dol- The PRESIDING OFFICER. The tempt in 2 days to pay for emergency lars to the deficit which would have to point of order is sustained. The amend- safety net programs by cutting back be paid for by our children. Of course, ment falls. stimulus spending, by cutting back the reason the COLA is not being given AMENDMENT NO. 3360 from the Recovery Act. This is the this year is because the law says it The PRESIDING OFFICER. There same amendment. We have voted on should not be. Therefore, I raise a point will now be 4 minutes equally divided this basic topic four times. of order that the Sanders amendment before a vote in relation to the Yesterday the Senate voted 53 to 43 violates section 403(a) of the budget Bunning amendment No. 3360. against the Bunning amendment to cut resolution. The Senator from Kentucky is recog- back Recovery Act funds for the 30-day Mr. SANDERS. Pursuant to section nized. extension bill. Earlier today the Senate 904 of the Congressional Budget Act of Mr. BUNNING. Mr. President, it is voted 61 to 38 against the Thune 1964 and section 4(g)(3) of the statutory my understanding that there are 4 min- amendment to cut back Recovery Act Pay-As-You-Go Act of 2010, I move to utes equally divided on these two funds, and just a few minutes ago the waive all applicable sections of those amendments; is that correct? Senate voted down the Burr amend- acts and applicable budget resolutions The PRESIDING OFFICER. That is ment. Now we have the Bunning for purposes of the pending amend- correct. amendment to cut back Recovery Act ment, and I ask for the yeas and nays. Mr. BUNNING. Thank you, Mr. Presi- funds again to pay for the pending bill. The PRESIDING OFFICER. Is there a dent. CBO does say the Recovery Act has sufficient second? Amendment No. 3360 is simple. It added jobs. Between 1 million and 2.1 There appears to be. contains all of the extensions in the million jobs have been added to our The question is on agreeing to the Baucus substitute, but rather than add- economy because of the Recovery Act. motion. The clerk will call the roll. ing over $100 billion in cost to the def- Just to repeat, the CBO says the Re- The bill clerk called the roll. icit and debt, which the Baucus sub- covery Act added between 1 million and Mr. KYL. The following Senators are stitute does, my amendment pays for 2 million to the number of Americans necessarily absent: the Senator from the spending in this bill by rescinding employed in the fourth quarter of last Missouri (Mr. BOND), the Senator from unspent stimulus funding. year. CBO also says the Recovery Act Texas (Mrs. HUTCHISON), and the Sen- My colleagues on the other side of increased the number of full-time ator from Georgia (Mr. ISAKSON). the aisle have stated repeatedly that equivalent jobs by between 1.4 and 3 The PRESIDING OFFICER. Are there CBO considers money spent on extend- million jobs. The Recovery Act is cre- any other Senators in the Chamber de- ing unemployment benefits to be one of ating jobs, so I think the last thing we siring to vote? the best kinds of stimulus because the should do is scale back something that

VerDate Nov 24 2008 01:06 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.040 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1011 is working. If it is working, don’t I thank Senator COBURN publicly for The result was announced—yeas 61, change it. If it is working, let’s con- the good work he has done compiling nays 36, as follows: tinue with it. this list of programs. [Rollcall Vote No. 38 Leg.] I move to table the Bunning amend- We voted on a similar spending re- YEAS—61 duction when the Senate passed a ment, and I ask for the yeas and nays. Akaka Franken Nelson (FL) The PRESIDING OFFICER. Is there a record $1.9 trillion increase in the debt Baucus Gillibrand Pryor sufficient second? limit to $14.3 trillion. I hope we have a Bayh Hagan Reed There appears to be. different outcome today. I hope my Begich Harkin Reid Bennet The question is on agreeing to the colleagues will not choose bloated bu- Inouye Rockefeller Bingaman Johnson Sanders motion. reaucracy over our children and grand- Boxer Kaufman Schumer The clerk will call the roll. children. They will face over $100 bil- Brown (OH) Kerry Shaheen Burris Klobuchar The assistant legislative clerk pro- lion more in debt and compounding in- Snowe Byrd Kohl Specter ceeded to call the roll. terest on the debt if we do not pay for Cantwell Landrieu Mr. KYL. The following Senators are this bill. Enough is enough. Cardin Lautenberg Stabenow necessarily absent: the Senator from If we cannot find the money to pay Carper Leahy Tester Casey Levin Udall (CO) Missouri (Mr. BOND), the Senator from for programs, we ought to make the Collins Lieberman Udall (NM) Texas (Mrs. HUTCHISON), and the Sen- hard choices to reduce the deficit and Conrad Lincoln Voinovich ator from Georgia (Mr. ISAKSON). debt. Dodd Menendez Warner The PRESIDING OFFICER (Mr. I hope my colleagues will make the Dorgan Merkley Webb Durbin Mikulski Whitehouse BEGICH). Are there any other Senators right choice today and support my Feingold Murray Wyden in the Chamber desiring to vote? amendment. Feinstein Nelson (NE) The PRESIDING OFFICER. Who The result was announced—yeas 56, NAYS—36 nays 41, as follows: yields time? Alexander Crapo Lugar [Rollcall Vote No. 37 Leg.] The Senator from Hawaii. Mr. INOUYE. Mr. President, we find Barrasso DeMint McCain YEAS—56 Bennett Ensign McCaskill ourselves debating an amendment that Brown (MA) Enzi McConnell Akaka Franken Murray we voted down just last month. Pro- Brownback Graham Murkowski Baucus Gillibrand Nelson (FL) ponents make the rescissions sound Bunning Grassley Risch Begich Hagan Pryor Burr Gregg Roberts Bennet Harkin Reed like good policy when you listen to Chambliss Hatch Sessions Bingaman Inouye Reid them. But Members need to understand Coburn Inhofe Shelby Boxer Johnson Rockefeller this amendment causes harm to our Cochran Johanns Thune Brown (OH) Kaufman Sanders Corker Kyl Vitter Burris Kerry Schumer national and international security Cornyn LeMieux Wicker Byrd Klobuchar Shaheen and to our economy. Cantwell Kohl NOT VOTING—3 Specter First, this amendment proposes re- Cardin Landrieu Stabenow Bond Hutchison Isakson Carper Lautenberg scissions throughout the agencies that Casey Leahy Tester are completely random and based on The motion was agreed to. Conrad Levin Udall (CO) Udall (NM) subjective assumptions. BAUCUS AMENDMENT NO. 3336 Dodd Lieberman Second, rescinding discretionary Dorgan McCaskill Warner The PRESIDING OFFICER. There is Durbin Menendez Webb funds that have been available for more now 2 minutes equally divided prior to Feingold Merkley Whitehouse than 2 years will jeopardize our na- Feinstein Mikulski Wyden a vote on the motion to waive a budget tional defense, our homeland security, point of order on amendment No. 3336. NAYS—41 and the well-being of our citizens. Who yields time? This is simply irresponsible gov- Alexander Crapo McCain Mr. LEMIEUX. Mr. President, I made Barrasso DeMint McConnell erning. For example, a ship is not built this point of order not because I am Bayh Ensign Murkowski in a year or 2 years. A hospital is not not in favor of the extension of the un- Bennett Enzi Nelson (NE) built in a year. And if they are not Brown (MA) Graham employment insurance or the COBRA Risch built in a year, these funds are re- Brownback Grassley Roberts or the money for Medicaid but only Bunning Gregg Sessions scinded. that it be paid for. Burr Hatch Shelby This amendment proposes to cut bil- Chambliss Inhofe Just a few weeks ago, this Chamber Snowe Coburn Johanns lions in funding the Congress voted on Thune voted to pass a pay-go bill, which the Cochran Kyl and agreed to provide just months ago. Vitter President signed, and it said we will Collins LeMieux This amendment is not based on care- Voinovich pay as we go. But we have designated Corker Lincoln ful review and, if adopted, would have Cornyn Lugar Wicker each of these three extensions as emer- serious consequences on our procure- NOT VOTING—3 gencies. They are not emergencies ment process and many critical pro- under the 1974 Budget Act requiring Bond Hutchison Isakson grams for fiscal year 2010. that it be sudden, quickly coming, un- The majority of the Members acted The motion was agreed to. foreseen, or unpredictable. It is not an responsibly in January and rejected AMENDMENT NO. 3361 emergency. the same approach. I urge my col- The PRESIDING OFFICER. There All my point of order does is to say will now be 4 minutes equally divided leagues to do the same today. Accordingly, Mr. President, I move that by the end of the year, we will prior to a vote in relation to Bunning to table the Bunning amendment and have to pay for these. It will not stop amendment No. 3361. ask for the yeas and nays. them from going forward, but it will The Senator from Kentucky. The PRESIDING OFFICER. Is there a make sure we have to pay for them, Mr. BUNNING. Mr. President, let me sufficient second? just as the pay-go law requires. These briefly describe my amendment No. There appears to be a sufficient sec- are nonemergencies. 3361. Like other amendments, this ond. I urge my colleagues to oppose the amendment contains all the extensions The question is on agreeing to the motion to waive the point of order. in the Baucus substitute, and it also motion. The PRESIDING OFFICER. Who completely pays for that spending. But The clerk will call the roll. yields time? it provides a different alternative for The bill clerk called the roll. The Senator from Montana. paying for it: eliminating wasteful and Mr. KYL. The following Senators are Mr. BAUCUS. Mr. President, this is a duplicative government programs. necessarily absent: the Senator from killer point of order. This point of Many of these programs are the ones Missouri (Mr. BOND), the Senator from order would kill the underlying sub- President Obama has recommended Texas (Mrs. HUTCHISON), and the Sen- stitute amendment. It would prevent terminating, and others have been ator from Georgia (Mr. ISAKSON). people from getting COBRA benefits. It highlighted by the CBO and the Con- The PRESIDING OFFICER. Are there would prevent people from getting gressional Research Service as waste- any other Senators in the Chamber de- their unemployment checks. It would ful. siring to vote? cause doctors to have their payments

VerDate Nov 24 2008 01:13 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.069 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1012 CONGRESSIONAL RECORD — SENATE March 3, 2010 for Medicare patients cut 21 percent. It amendment I am offering to H.R. 4213, million annually to the Philadelphia endangers access for 40 million Medi- the Tax Extenders Act. This amend- region, $5 to 7 million per month in care beneficiaries. It will kill unem- ment would create a loan guarantee local purchases, $8.6 million in annual ployment insurance benefits for 400,000 program to maintain the domestic tax revenues to the city of Philadel- Americans. This is a point of order manufacturing capacity for ship- phia, and supports over 8,000 jobs that will, in effect, kill the bill. That is building. throughout the region. Today, Aker why it is vitally important that Sen- With the U.S. economy still strug- Philadelphia Shipyard is one of only ators vote to waive the point of order gling to recover, manufacturing invest- two companies producing large com- so we can pass the bill. ments can have an immediate impact. mercial vessels in the United States Mr. LEMIEUX addressed the Chair. Manufacturers have lost more than 2 and is a critical asset to the economic The PRESIDING OFFICER. The Sen- million jobs since the recession began viability of the mid-Atlantic region ator has no time. in December of 2007, so there is an op- and the domestic shipbuilding indus- Mr. BAUCUS. Mr. President, I ask for portunity to create a large number of try. the yeas and nays. jobs in the industry and to simulta- Despite these successes, the eco- The PRESIDING OFFICER. Is there a neously revitalize our economy and nomic collapse has stalled the ship- sufficient second? overall global competitiveness. One building industry by delaying planned There appears to be. area where benefits can immediately ship acquisitions, constraining the The question is on agreeing to the be seen is the shipbuilding industry. credit markets, and making large ves- motion. The clerk will call the roll. U.S. shipyards play an important role sel acquisitions impossible to finance. The assistant legislative clerk called in supporting our Nation’s maritime The long-term customer-driven com- the roll. presence by building and repairing our mitments that drove the last expansion Mr. KYL. The following Senators are domestic fleet; and the industry has a are not a possibility in this economic necessarily absent: the Senator from significant impact on our national climate. As a result, this industry, Missouri (Mr. BOND), the Senator from economy by adding billions of dollars which is a part of the national security Texas (Mrs. HUTCHISON), and the Sen- to U.S. economic output annually. industrial base, supports thousands of ator from Georgia (Mr. ISAKSON). These shipbuilding investments are highly skilled jobs, and is critical to The PRESIDING OFFICER. Are there vital to the United States, creating the industrial fabric of our Nation, is any other Senators in the Chamber de- thousands of good-paying jobs across struggling to survive. siring to vote? the country. The commercial ship- Since the economic downturn, ship- The yeas and nays resulted—yeas 60, building and ship repair industry is a yards such as the Aker Philadelphia nays 37, as follows: pillar of the American skilled labor Shipyard do not qualify for loan guar- [Rollcall Vote No. 39 Leg.] workforce employing nearly 40,000 antees under existing programs at the YEAS—60 skilled workers; and the ships produced Department of Transportation. With- Akaka Feinstein Mikulski domestically are an integral part of out assistance, shipyards will be forced Baucus Franken Murray commerce, international trade, the to begin reducing their highly skilled Bayh Gillibrand Nelson (NE) Navy, Coast Guard, and other military workforce, apprentice programs, and Begich Hagan Nelson (FL) and emergency support. With more vendor and supplier contracts, at a Bennet Harkin Pryor Bingaman Inouye Reed than 80 percent of the world’s trade time when we can least afford addi- Boxer Johnson Reid carried in whole or part by seaborne tional job losses. If this situation per- Brown (OH) Kaufman Rockefeller transportation, the shipbuilding indus- sists and companies like Aker were to Burris Kerry Sanders Byrd Klobuchar Schumer try has always had and will continue to cease operations, our Nation’s ability Cantwell Kohl Shaheen have a large industrial base that can to construct commercial vessels would Cardin Landrieu Specter support significant job creation and be severely limited and the invest- Carper Lautenberg Stabenow economic growth. ments we made to build this state-of- Casey Leahy Tester Collins Levin Udall (CO) Since the mid 1990s, the industry has the-art facility would be lost. Conrad Lieberman Udall (NM) been experiencing a period of expansion At the same time, there is a strong Dodd Lincoln Warner and renewal. The last expansion was and direct correlation between the per- Dorgan McCaskill Webb largely marketdriven, backed by long- formance of shipbuilding and the glob- Durbin Menendez Whitehouse Feingold Merkley Wyden term customer commitments. Those al economy and trade. Shipbuilding ac- new assets created much more produc- tivities rise when global trade and NAYS—37 tive and advanced ships than those economy grow. Likewise, shipbuilding Alexander DeMint McConnell they replaced. For example, articu- will be among the first activities to Barrasso Ensign Murkowski Bennett Enzi Risch lated double-hull tank barge units re- suffer when trade slumps and the econ- Brown (MA) Graham Roberts placed single-hull product tankers in omy stutters. This puts shipbuilding at Brownback Grassley Sessions U.S. coastal trades, and new duel pro- the forefront of one of the world’s key Bunning Gregg Shelby Burr Hatch pulsion double-hull crude carriers re- and most important economic activi- Snowe placed 30 plus-year-old, steam propul- ties, and a reliable barometer of eco- Chambliss Inhofe Thune Coburn Johanns Vitter sion single-hull crude carriers. The new nomic performance. Cochran Kyl Voinovich crude carriers are larger, faster, more As the economy recovers, so will the Corker LeMieux Wicker Cornyn Lugar fuel efficient and have a fourfold in- need for ships and our domestic ship- Crapo McCain crease in efficiency over the vessels building capacity. The Maritime Ad- NOT VOTING—3 they replaced. ministration has recognized that con- During the last expansion, the De- struction of vessels for the Nation’s Bond Hutchison Isakson partment of Transportation’s Maritime marine highway system could result in The PRESIDING OFFICER. On this Administration touted the success of significant new opportunities for U.S. vote, the yeas are 60, the nays are 37. Aker Philadelphia Shipyard as a great shipyards. The shipbuilding industry is Three-fifths of the Senators duly cho- achievement for the American ship- also developing vessel portfolios that sen and sworn having voted in the af- building industry. In 2000, Aker Phila- can be leveraged by the government in- firmative, the motion is agreed to. delphia Shipyard was rebuilt on the cluding military vessels to meet the Mr. BAUCUS. I move to reconsider site of a closed U.S. Navy shipyard. In Nation’s needs in time of national that vote. a few short years, the shipyard became emergency. For example, the Navy’s Mrs. LINCOLN. I move to lay that the country’s most modern ship- Littoral Combat Ship and Joint High motion upon the table. building facility employing 1,200 highly Speed Vessel programs are based on The motion to lay upon the table was skilled professional workers. Since commercially designed and available agreed to. 2003, it has built more than 50 percent vessels. There will also be a need for AMENDMENT NO. 3400 of the large commercial vessels pro- additional ships as almost $5 billion Mr. SPECTER. Mr. President I have duced in the United States. Addition- worth of double-hull construction and sought recognition to speak on an ally, the shipyard contributes over $230 conversion work will need to take

VerDate Nov 24 2008 01:13 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.071 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1013 place by 2015 to meet the double-hull the temporary rules for 2 additional the trade or business of what is consid- requirement under the Oil Pollution years to charitable contributions made ered traditional farming to be eligible Act of 1990. before December 31, 2009. for the 100 percent deduction available To address the dire situation facing Unfortunately, the way the law was to qualified farmers or ranchers. This the domestic shipbuilding industry, I crafted has disadvantaged a number of is in spite of the fact that as a group am seeking the establishment of a loan important landowners in my home the Alaska Native shareholders of guarantee program, where the Sec- State. Alaska Native corporations, Alaska Native corporations receive far retary of Transportation can issue a ANCs, own nearly 90 percent of the pri- more in subsistence benefits than they loan guarantee for $165 million to vate land in Alaska, including some of receive in income from the Alaska Na- qualifying shipyards. Because of loan the most scenic and resource rich. tive Corporation. As a result, Alaska guarantees leverage funding, the pro- However, although they are very simi- Native corporations do not have the gram would require only $15 million to lar to the small communal family same ability to offset the cost to per- leverage $165 million. This $15 million farms that are eligible, subsistence- manently protect their properties, is offset by reprogramming previously based Alaskan Native communities are which contain important wildlife, fish, appropriated funds, so there is no addi- ineligible for these important new tax and other habitats, through donations tional spending associated with this incentives. For thousands of years, of qualified conservation easements. program. Alaska has been home to Native com- This amendment will allow Alaska The Federal assistance would be a munities, whose rich heritages, lan- Native corporations to protect these short-term financing bridge to enable guages, and traditions have thrived in important wildlife habitats, many used shipyards to remain in operation and the region’s unique landscape. Mem- for subsistence, by providing an en- meet the future anticipated demand for bers of Alaska Native communities hanced deduction for qualified con- domestically produced ships. I encour- continue to have a deeply symbiotic re- servation easements. The amendment age my colleagues to help maintain the lationship with the land even today. modifies section 170(b)(2) of the Inter- commercial shipbuilding capacity of Much like their ancestors, many Na- nal Revenue Code by creating a new the United States through the inclu- tive Alaskan communities engage in subsection that provides Alaska Native sion of a loan guarantee program. traditional subsistence activities, with corporations with a deduction for dona- Mr. BEGICH. Mr. President, I am nearly 70 percent of their food coming tions of certain qualified conservation pleased to have filed an amendment from the land or adjacent waters. For easements. In order to be eligible, a that would give Alaska Native corpora- many communities, subsistence is an qualified charitable conservation con- tions, ANCs, parity for an important economic necessity considering both tribution must: (1) otherwise qualify tax incentive encouraging the perma- the lack of economic development and under section 170(h)(1); (2) be made by a nent protection of land through the the cost and difficulty involved in pur- Native corporation; and (3) be land that charitable donation of a conservation chasing food. For example, in Kotzebue was conveyed by ANCSA. The corpora- easement. a community in northwestern Alaska, tions would be limited to 10 percent of America’s wildlife, waters, and land milk costs nearly $10 per gallon. In their land allotment under ANCSA. are an invaluable part of our Nation’s Buckland, a village home to approxi- Under section 170(b)(2)(iii)(I), ‘‘Native heritage. It is imperative to preserve mately 400 people, a pound of ham- Corporation’’ is defined by ANCSA, sec- these natural treasures for future gen- burger—when it is actually available— tion 3(m). Under section 170(b)(2)(i), the erations. Congress long ago concluded costs $14. maximum deduction limit would be set that it was good public policy to en- In Alaska, the Native corporations at 100 percent of the taxpayer’s ad- courage the charitable contribution of have an important role to be stewards justed gross income. If the taxpayer conservation easements to organiza- of the land. Their shareholders see has deductions in excess of the applica- tions dedicated to maintaining natural themselves as the caretakers of the ble percentage-of-income limitation, habitats or open spaces help protect land and water as their ancestors have section 170(b)(2)(ii) would allow the the Nation’s heritage. A conservation for thousands of years. Nonetheless, in taxpayer to carry-forward the deduc- easement creates a legally enforceable Alaska today this means they have to tion for up to 15 years. land preservation agreement between a balance the need for resource develop- Congress must act to assist Alaska willing landowner and another organi- ment and the need to cultivate the Native communities in permanently zation. The purpose of a conservation land for subsistence activities. The tra- protecting their culturally, histori- easement is to protect permanently ditional lifestyles of Native Alaskans cally, and ecologically significant land, land from certain forms of develop- are under increasing stress from out- preserving the communities and their ment or use. The property that is the side influences. Population growth and rich traditions in the process. I urge subject to the easement remains the the pressure to pursue cash-generating my colleagues to support this impor- private property of the landowner. The activities have increased the desire for tant amendment. organization holding the easement substantial development, significantly f must monitor future uses of the land to adding to the ecological stress on al- ensure compliance with the terms of ready fragile ecosystems. Without per- MORNING BUSINESS the easement and to enforce the terms manent protection, their lands could be Mr. BAUCUS. Mr. President, I ask if a violation occurs. developed in a manner that would de- unanimous consent that the Senate In 2006, Congress enhanced the chari- stroy its ability to support the tradi- proceed to a period of morning busi- table tax deduction for conservation tional ways and subsistence lifestyles ness, with Senators allowed to speak easements in order to encourage such crucial to Alaskan Native commu- for up to 10 minutes each. gifts. With the 2006 legislation, Con- nities. Making use of tax incentives The PRESIDING OFFICER. Without gress temporarily increased the max- available to other Americans will objection, it is so ordered. imum deduction limit for individuals make it easier for Native communities f donating qualified conservation ease- to make the right decisions for their ments from 30 percent to 50 percent of shareholders. REMEMBERING CONGRESSMAN the taxpayer’s adjusted gross income. Today, Alaska Native communities JOHN PATRICK MURTHA Congress also created an exception for are not eligible for the 50 percent de- Mr. DODD. Mr. President, I rise in qualified farmers or ranchers, which duction available to individuals be- commemoration of the life of John are nonpublicly traded corporations or cause they are federally chartered as C Patrick Murtha. individuals whose gross income from corporations under the Alaska Native John Murtha gave nearly six decades the trade or business of farming is Claims Settlement Act of 1971, ANCSA. to the country he loved. At the age of greater than 50 percent of the tax- This leaves Alaska Natives without the 20, he left college to join the Marines. payer’s gross income. In the case of a ability to convert to an eligible entity As soon as he arrived, the Marines qualified farmer or rancher, the limita- as other landowners can. In addition, knew they had a gem of a young man tion increased from 30 percent to 100 most Alaska Native corporations do on their hands. Routed to Officer Can- percent. The 2008 farm bill extended not have sufficient gross income from didate School, he became a leader of

VerDate Nov 24 2008 01:13 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.024 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE March 3, 2010 his peers, earning the American Spirit Nation has been at war in Afghanistan, But there was one message that I be- Honor Medal during training. thousands of men and women have vol- lieve sums up Private First Class Although his duty to the Marines unteered for service in defense of our Lovejoy’s life best: ‘‘Your last name ended in 1955, his desire to serve did country and the freedoms we hold so described you so perfectly. You loved not. He remained in the Reserves for dear. These brave men and women sac- all your friends deeply, and spread joy the next decade, and then volunteered rifice time with their families, with around every place you went.’’ for service in Vietnam. their wives and husbands and children To Private First Class Lovejoy’s par- There, he cemented his reputation as and friends. They put their own safety ents and sister and grandparents and an American hero, earning the Bronze on the line to protect the safety of oth- fiance´e Kaitlin, I offer my deepest sym- Star, the Vietnamese Cross of Gal- ers—to protect the safety of all who pathies for your loss, and my deepest lantry, and two Purple Hearts. call the United States home. Trag- thanks for your loved one’s service to John’s service in the Reserves lasted ically, some of these men and women our country. You are forever in our long into his political career. He didn’t make the ultimate—sacrifice giving hearts, and we are forever in your debt. retire until 1990, at which time he was their lives for a country and a people f awarded the Navy Distinguished Serv- they love. ice Medal. But when he returned from PFC Zachary Lovejoy was one of 49TH ANNIVERSARY OF THE Vietnam, he decided that serving the those brave soldiers. He was 20 years PEACE CORPS people of the State of Pennsylvania old when he died February 2, while Mr. CARDIN. Mr. President, today I was another way to give back to his serving in Zabul Province. His vehicle rise to celebrate service—specifically country. was struck by a roadside bomb. Private the dedication of Americans volun- He came to Congress roughly a year First Class Lovejoy spent the last day teering in the Peace Corps, which this before I did, the first Democrat to hold of his life doing what he loved. While week marks its 49th year of connecting that seat since World War II. As long his life may have ended too soon, his committed volunteers with meaningful as I have been here, it seems like John legacy will live on though the people work around the globe. has been as much of a fixture in the who loved him, and through all of us There are a lot of ways to give of our- House Chamber as the desks them- who owe him our own lives and safety selves. We donate food. We donate selves. money. We donate time. But the Peace John being a marine, it is probably and freedom. That is why today, I honor Zachary Corps takes community service—global not surprising that he never stopped Lovejoy by telling the people of Amer- service, really to another level, with fighting to give our troops in the field ica about a young man who—from volunteers committing 27 months to the resources they needed to do their early in life—loved his country and improve the quality of life in devel- jobs. He became the chairman of the dreamed of being a soldier. oping countries. Defense Appropriations Subcommittee, Private First Class Lovejoy was born Some projects focus on agriculture; and was a reliable advocate for our in Indiana but moved to my home others business. Some improve health, military—and for the people of his dis- State of New Mexico when he was while others emphasize education or trict. three. He grew up in Albuquerque, the the environment, but all programs His deep passion for our military and build a unique international relation- his commitment to making sure they beloved son of Terry and Mike Lovejoy, and brother to Ashley. He was an ac- ship with a spirit of volunteer service had the resources they need reached as at its core. far as Connecticut, where we make the tive teen who loved football and wres- tling and camping and skiing. He was As Chairman of the U.S. Helsinki finest submarines and aircraft in the Commission, I recently saw one pro- world. He knew that the products we an enthusiastic member of his school’s ROTC program. Private First Class gram up close during a congressional make there are critical to the success delegation I led to Morocco, which is of our military, and he was always Lovejoy was a happy-go-lucky kind of guy, whose fun-loving attitude and zest an active Mediterranean partner coun- there alongside me, standing up for our try in the Organization for Security defense workforce and the fine prod- for life was contagious, according to his family. and Cooperation in Europe. ucts they make. Meetings with local government offi- Many of us will remember with great Even before he graduated from La Cueva High School, Private First Class cials there were informative. And the admiration the courage John showed briefings from the embassy staff were when he came to the floor in November Lovejoy knew what he wanted to do important. But the time we spent with 2005 to call for an end to a war he had with his life. He enlisted in the Army a Peace Corps volunteer in rural supported. Colleagues on both sides during his senior year in high school Aitourir was nothing short of inspir- knew that John Murtha would never and began basic training in August 2008. Private First Class Lovejoy was ing. make a statement like that lightly, The Youth Development Program and his bold stance played a large role assigned to the 1st Battalion, 508th Parachute Infantry Regiment, 4th Bri- there run by Peace Corps volunteer in bringing towards an end that mis- Kate Tsunoda, with help from local guided war. gade Combat Team, 82nd Airborne Di- community volunteers, is giving chil- Of course, most Americans never got vision at Fort Bragg, NC. He received dren from kindergarten through high to know John Murtha’s soft side. But his first deployment to Afghanistan in his beloved wife Joyce—they were mar- August 2009. school critical education, language, ried for 55 years—and his three wonder- Private First Class Lovejoy’s dedica- and art skills. Inside a small community center, ful children knew him as his colleagues tion to our country and its ideals made below a library still in need of diction- did: as a funny, warm man who loved his family, his community, and every- his job, loved his constituents, and one who knew him proud. Upon hearing aries and elementary schoolbooks, we loved his country. of his death, the people of New Mex- sat down with a group of young men, A colleague of his, Congressman BOB ico—especially those who knew some in college, some recently grad- BRADY, said, ‘‘There will never be an- Lovejoy from high school—were uated. In a part of the world where un- other Jack Murtha.’’ And he is right. shocked and saddened. They turned out employment tops 15 percent, these are But we can all carry on his work, im- in droves to leave messages for his fam- the people one may see as most suscep- pressed by his long record of service ily in a special memory book. And it is tible to recruitment by extremists, but and inspired by his deep patriotism and those messages that offer an intimate not these men. They spoke of dreams commitment. view of the legacy Private First Class that included higher education, better I was proud to know John Murtha, Lovejoy leaves behind. jobs, and a transforming of their local and we were all lucky to have him. ‘‘You had such a big and amazing towns. f heart,’’ one person wrote. These men credit the Peace Corps ‘‘You put an incredible amount of liv- program for empowering them and HONORING OUR ARMED FORCES ing in your all too short life,’’ said an- building their language skills. I credit PRIVATE FIRST CLASS ZACHARY LOVEJOY other. the Peace Corps for something even Mr. UDALL of New Mexico. Mr. ‘‘It is an honor to have been a part of greater—forging international under- President, in the almost 9 years our a true hero’s life,’’ wrote a third. standing, something the Peace Corps

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.009 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1015 has excelled at now for 49 years in 139 the 45th anniversary of the VISTA Pro- ostomy. The Great Comeback Awards countries through 7,671 volunteers. gram. celebrate the spirit and courage with On the other side of town, several Last year nearly 50 VISTA volun- which a patient embraces life after members of our delegation visited a teers provided service in Alaska. These ostomy surgery. Sylvia and the other start-up small business, the brainchild citizens are vital to fighting poverty in Great Comebacks Awardees are Ameri- of retiree and Peace Corps volunteer our State. The success of this program cans who live life to the fullest despite Barbara Eberhart, whose second career is evident in the programs it has left the daily challenges presented by their is dedicated to empowering the women behind such as Head Start, job training respective conditions. of Morocco. plans, and credit unions. From its be- At age 9, Sylvia was diagnosed with The group visited a fabric and em- ginnings in 1965 to today, VISTA has Crohn’s disease. She managed her broidery shop developed by a commu- dedicated hard work, time, and innova- symptoms with medication, but experi- nity of Berber women aided by a micro- tion to lift Americans all over the enced constant flare-ups during col- credit loan and Barbara’s guidance and country out of poverty. lege. At age 21, her intestines were unbounded energy. These women, un- While the mission to fight against punctured during a colonoscopy and able to read or write and essentially poverty has a long history, VISTA has she underwent ostomy surgery. Fol- marginalized in Moroccan society, continued to adapt to various localities lowing this surgery, Sylvia was emo- have formed a cooperative where they and challenges to provide new and in- tionally distraught; however, she en- create fine embroidered goods and sell spired solutions. Alaska boasts many tered counseling and learned how to them in local markets. Their small past and present VISTA volunteers. cope with her stoma. Sylvia has since business not only provides desperately Many of them have become prominent triumphed over her illness, and needed income, but gives these women in Alaska’s public and private sectors. achieved her dream of becoming a a stronger sense of themselves, their In Alaska, John Shively came to the flight attendant. By her records, she’s community and hope for their future state with VISTA from New York the first Delta SkyTeam flight attend- and that of their children. State with the intention of staying for ant with an ileostomy. Additionally, With Peace Corps volunteers coming 1 year. He became involved in local Sylvia joined the Delta Ski and from all backgrounds, ages and various government in Alaska and was in- Snowboard team and has earned rib- stages of life, this program is as diverse volved in the Native lands settlements bons in many competitions. Sylvia has as our country. The local citizen col- of early statehood. He later became the also completed two half-marathons and laboration inherent in all Peace Corps commissioner of the Alaska Depart- a triathlon. work helps build enduring relation- ment of Natural Resources, overseeing Today, Sylvia lives in Park City, UT, ships between the United States and more than 80 million acres of State with her husband Paul and their chil- Peace Corps partner countries. land. He has also been a regent for the dren, Reese, Garrett, and Renee. I com- The Peace Corps invests time and University of Alaska, and the Alaska mend Sylvia and the other Great talent in other countries, but it pays State Chamber of Commerce was proud Comebacks Regional Award Recipients. dividends back here in the United to award John Shively the title ‘‘Out- Their personal stories are inspirational States as well. Those who are taught or standing Alaskan of the Year’’ in 2009. and will raise awareness about the helped by Peace Corps volunteers are Willie Hensley is an Alaska Native great comebacks being made by those likely to have more favorable opinions and one of the many successful resi- living with intestinal diseases or recov- of the United States. More than that, dents of Alaska. He was a VISTA vol- ering from ostomy surgery.∑ many of the volunteers themselves are unteer and went on to serve in the f inspired to public service upon their re- Alaska State Legislature. He founded REMEMBERING HARRY AGGANIS turn to this country, some becoming the NANA Native Corporation after Governors and Members of Congress, working hard to ensure equitable set- ∑ Ms. COLLINS. Mr. President, there is including our own colleague and fellow tlement of Alaska Native land claims. a mid-winter tradition throughout New Helsinki Commissioner, Senator DODD He is one of the founding members of England and across my home State of of Connecticut. the Alaska Federation of Natives and Maine—talking baseball. Not just any I left Aitourir thinking Kate was the is a well known author. baseball, of course, but Boston Red Sox exemplary Peace Corps volunteer with John Shively and Willie Hensley are baseball. her welcoming smile, passion for serv- just two examples of the thousands of These discussions, whether they take ice and genuine love for the Moroccan VISTA volunteers who have served place around the kitchen wood stove or people. But aware of the success of so Alaska and her people. VISTA is a pro- the office water cooler, range from the many other Peace Corps programs gram serving all Americans with the team’s storied history to the prospects around the world, I know Kate is one of focus on lifting poor Americans out of for the upcoming season. The heroes of many volunteers—all of whom would poverty so their futures can be as the past, Yastrzemski, Williams, and so have left as great an impression. bright as the northern lights. VISTA’s many more, are recalled, as are the The Peace Corps is a program that 45 years of service to the country has more recent stars, such as Schilling works. Volunteers year in and year out made a difference in so many lives, in and Ramirez. continue to fulfill the Peace Corps mis- Alaska and across the Nation. At times, fans reminisce about a young man who, although his career sion of bringing training and education f to interested countries and strength- was cut tragically short, continues to ening understanding between Ameri- ADDITIONAL STATEMENTS inspire through his athleticism, com- cans and our neighbors in the global petitive spirit, and generosity. His community. Congratulations to the name was Aristotle George Agganis. TRIBUTE TO SYLVIA PROTHRO Peace Corps for 49 remarkable years. I His friends called him Harry. He will HEBERT look forward to its continued success. always be remembered as the Golden ∑ f Mr. BENNETT. Mr. President, today Greek. I wish to recognize my constituent, Harry Agganis was born in Lynn, RECOGNIZING VISTA ON ITS 45TH Sylvia Prothro Hebert, who has been MA, in 1929. Although he is known as a ANNIVERSARY selected as a 2009 Great Comebacks Re- baseball player, he first made his mark Mr. BEGICH. Mr. President, I wish to cipient for the West Region. This pro- in football as a star quarterback for speak on a resolution I have cosigned gram honors individuals who are living Boston University. As a sophomore in celebrating Volunteers In Service To with intestinal diseases or recovering 1949 he set a school record for touch- America, or VISTA, on its 45th anni- from ostomy surgeries, procedures that down passes. He left school in 1950 to versary and recognizing its contribu- reconstruct bowel and bladder function enlist in the U.S. Marine Corps. tion to the fight against poverty. through the use of a specially fitted When he completed his service to our This resolution will demonstrate the medical prosthesis. Sylvia is one of nation, he returned to college, setting great appreciation this country has for over 700,000 Americans, from young a school record for passing yards, win- its volunteers, specifically honoring children to senior citizens, who have an ning the Bulger Lowe Award as New

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.050 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1016 CONGRESSIONAL RECORD — SENATE March 3, 2010 England’s outstanding football player, Too many athletes spell team as m-e tary Order of the Purple Heart’s Re- and becoming Boston University’s first The Golden Greek knew team meant only we gion V Patriot of the Year Award. All-American in football. Upon his This All-American truly stood apart After her retirement from the Army, graduation, he was offered a lucrative The Golden Greek was simply pure of heart Latoya became a motivational speaker contract to play football for the Cleve- Four hundred churches honored for forty and writer to share her remarkable land Browns but chose instead to sign days story with others and encourage people The man who touched many hearts in so with the Red Sox so he could remain many ways to draw strength from their struggles. near his widowed mother. Fifty thousand said goodbye as his church Latoya’s book, ‘‘The Immeasurable Here are a few stories that illustrate choir Spirit: Lessons of a Wounded Warrior the character of this young man and Sang love for the man who set the sports about Faith and Perseverance,’’ re- the esteem in which he is held. world afire ceived the Gold Medal Award from the While still a student in 1953, Harry Harry Agganis stirred heart and soul Military Writers Society of America. Agganis was inducted into the new Did God take him so he would never grow Additionally, Latoya is the chair of the Boston University Hall of Fame. He de- old? Wounded Warrior Welcome Home So- clined gifts of a car and $4,000 from his Heroes live forever though Harry died young cial. She has inspired so many others classmates and instead asked that the The song of the Golden Greek will always be to draw strength from adversity. As sung cash equivalent be put toward estab- Latoya has said, ‘‘There are so many lishing a scholarship for Greek-Amer- Thousands of marines in the Carolina sun soldiers who come back home with in- ican students with financial need. Named a field for the marine who left no deed undone juries and untold numbers having On June 6, 1954, he homered at The first Olympic heroes won olive wreaths ostomy surgery. I answer questions Fenway Park and scored the winning His silver wreath from the king and queen of they have and show them that they can run as the Red Sox beat the Detroit Ti- Greece lead a full life with an ostomy.’’ gers. Following the game, he changed The seventh child of immigrants born in There are thousands of veterans and into a cap and gown in the Sox club- Lynn Active-Duty members who call Colo- house, ran down Commonwealth Ave- Learned playing the game right was the way rado home, a fact that is a source of nue in time for the graduation cere- to win pride for me. Coloradans like Latoya monies on the B.U. campus, and re- He hit major league pitching at fourteen are a testament to the bravery and ceived his bachelor’s degree in edu- years of age strength of our veterans and their re- Then went on to glory on the sports page cation. markable ability to deal with life- As the 1955 season opened, he was off This Hall of Famer scrambled forty yards changing injuries. Latoya has become a to a good start, but on June 2 he was from the pocket He threw feather passes or shots like a rock- leader and a source of strength for fel- hospitalized with pneumonia. He re- et low citizens who face similar injuries, joined the team 10 days later but fell ill Though he looked and played like a Greek and I want to thank her for her service again. He died on June 27 of a pul- god to this country. I am proud to have monary embolism. Ten thousand This flesh and blood hero was one with the this opportunity to share just some ex- mourners attended his wake. lord amples of Latoya’s bravery and His career was brief, but his name He gave to the poor and church, gifts he re- achievements, and I congratulate her lives on. In 1956, a 1,000-seat baseball ceived and the other Great Comebacks Award facility, Harry Agganis Stadium, was Harry lived the golden rule, as he believed recipients.∑ dedicated in his honor at Camp His smile warm and bright like sunshine in f Lejeune, NC, where he served. A memo- July rial plaque placed at the field reads, Why at twenty-six did this Red Sox star die? MESSAGES FROM THE PRESIDENT The NFL played games in honor of his name ‘‘Endowed with peerless talent, Cor- Messages from the President of the poral Agganis exemplified the finest in All for a man who never played a pro game He planned to play for the Sox and the NFL United States were communicated to competitive spirit and sportsmanship. What might have been only God can tell the Senate by Mr. Pate, one of his sec- An All-American football player, and This hero of the heart was like no other retaries. later a professional baseball player, his His last words: were ‘‘take care of my moth- f outstanding accomplishments in the er’’ field of athletics were an inspiration to In the pantheon of sports, the Golden Greek EXECUTIVE MESSAGES REFERRED other Marines who served and were reigns As in executive session the Presiding teammates with him during his career His mem’ry glowing like the Olympic flame∑ Officer laid before the Senate messages in the Marine Corps.’’ f from the President of the United He was inducted posthumously into TRIBUTE TO LATOYA LUCAS States submitting sundry nominations the College Football Hall of Fame in which were referred to the appropriate ∑ 1974. In 1995, Gaffney Street in Boston Mr. UDALL of Colorado. Mr. Presi- committees. was re-named Harry Agganis Way. In dent, I wish to recognize Latoya Lucas (The nominations received today are 2004, Agganis Arena was dedicated in of Colorado Springs, who will be award- printed at the end of the Senate pro- his honor on the Boston University ed today with the 2009 Tony Snow Pub- ceedings.) lic Service Award. This distinction was campus. Each year, members of the f New England Sportswriters Associa- created to ‘‘honor extraordinary indi- tion present the Harry Agganis Award viduals who are passionate about serv- MESSAGES FROM THE HOUSE to the outstanding New England col- ing their country while dealing coura- At 9:33 a.m., a message from the lege football senior. geously with debilitating intestinal House of Representatives, delivered by His character and accomplishments diseases and ostomy surgery.’’ Mr. Novotny, one of its reading clerks, have been set to music by a talented In 2003, Latoya was a new mother and announced that the House has passed songwriter and devoted Red Sox fan in an Army specialist serving in Oper- the following bill, in which it requests Bangor, ME, named Joe Pickering, Jr. ation Iraqi Freedom when her humvee the concurrence of the Senate: Joe recently retired after 30 years of was attacked by rocket-propelled gre- H.R. 3820. An act to reauthorize Federal dedicated service as executive director nades. She thankfully survived the in- natural hazards reduction programs, and for of Community Health and Counseling cident, but her injuries resulted in a other purposes. Services in Bangor. It is my pleasure to colostomy and 2 years of intensive re- have printed his inspiring lyrics into habilitation. Latoya’s brave service At 6:14 p.m., a message from the the RECORD: has been recognized by such honors and House of Representatives, delivered by THE GOLDEN GREEK distinctions as the Purple Heart Medal, Mr. Novotny, one of its reading clerks, Time washes away people who depart the Meritorious Service Medal, and the announced that the House has agreed You who remain cherish heroes of the heart Soroptimist International Woman of to the following concurrent resolution, They seldom grace earth but, not for long Distinction Award. In 2005, she became in which it requests the concurrence of The Golden Greek lives in this song the first female recipient of the Mili- the Senate:

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.025 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1017 H. Con. Res. 239. Concurrent resolution au- entitled ‘‘Amendments to Rules 201 and export of defense articles, including, tech- thorizing the use of Emancipation Hall in 200(g) of Regulation SHO—Short Sale-Re- nical data, and defense services to Russia the Capitol Visitor Center for a ceremony to lated Circuit Breaker That Imposes a Short relative to the design, manufacture, and re- present the Congressional Gold Medal to the Sale Price Restriction’’ (RIN3235–AK35) re- pair of the RD—180 Liquid Propellant Rocket Women Airforce Service Pilots. ceived in the Office of the President of the Engine Program in the amount of $50,000,000 f Senate on March 2, 2010; to the Committee or more; to the Committee on Foreign Rela- on Banking, Housing, and Urban Affairs. tions. MEASURES REFERRED EC–4875. A communication from the Dep- EC¥4885. A communication from the Act- uty Chief Financial Officer and Director for The following bill was read the first ing Director, Legislative and Regulatory De- Financial Management, Office of the Sec- partment, Pension Benefit Guaranty Cor- and the second times by unanimous retary, Department of Commerce, transmit- poration, transmitting, pursuant to law, the consent, and referred as indicated: ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Benefits Payable in H.R. 3820. An act to reauthorize Federal titled ‘‘Civil Monetary Penalties; Adjust- Terminated Single—Employer Plans; Inter- natural hazards reduction programs, and for ment for Inflation’’ (RIN0605–AA27) received est Assumptions for Valuing and Paying other purposes; to the Committee on Com- in the Office of the President of the Senate Benefits’’ (29 CFR Part 4022) received in the merce, Science, and Transportation. on February 26, 2010; to the Committee on Office of the President of the Senate on Feb- Commerce, Science, and Transportation. f ruary 26, 2010; to the Committee on Health, EC–4876. A communication from the Dep- Education, Labor, and Pensions. EXECUTIVE AND OTHER uty Chief, Consumer and Governmental Af- EC¥4886. A communication from the As- COMMUNICATIONS fairs Bureau, Federal Communications Com- sistant Secretary, Employee Benefits Secu- mission, transmitting, pursuant to law, the rity Administration, Department of Labor, The following communications were report of a rule entitled ‘‘Closed Captioning transmitting, pursuant to law, the report of laid before the Senate, together with of Video Programming, Order Suspending Ef- a rule entitled ‘‘Civil Penalties Under ERISA accompanying papers, reports, and doc- fective Date’’ (FCC 09–71) received in the Of- Section 502(c)(8)’’ (RIN1210—AB31) received uments, and were referred as indicated: fice of the President of the Senate on Feb- in the Office of the President of the Senate EC–4868. A communication from the Sec- ruary 25, 2010; to the Committee on Com- on February 26, 2010; to the Committee on retary of the Treasury, transmitting, pursu- merce, Science, and Transportation. Health, Education, Labor, and Pensions. EC–4877. A communication from the Chair- ant to law, a report entitled ‘‘Fiscal Year EC¥4887. A communication from the man of the Federal Energy Regulatory Com- 2009 Financial Report of the U.S. Govern- Human Resources Specialist, Office of In- mission, transmitting, pursuant to law, a re- ment’’; to the Committee on Banking, Hous- spector General, Department of Labor, trans- port relative to the progress made in licens- ing, and Urban Affairs. mitting, pursuant to law a report relative to ing and constructing the Alaska Natural Gas EC–4869. A communication from the Gen- a vacancy in the position of Inspector Gen- Pipeline; to the Committee on Energy and eral Counsel of the Federal Housing Finance eral of the Department of Labor; to the Com- Natural Resources. Agency, transmitting, pursuant to law, the mittee on Health, Education, Labor, and EC–4878. A communication from the Ad- report of a rule entitled ‘‘Federal Home Loan Pensions. ministrator, General Services Administra- Bank Housing Associates, Core Mission Ac- tion, transmitting, pursuant to law, a fiscal f tivities and Standby Letters of Credit Rule’’ year 2009 report relative to the General Serv- (RIN2590–AA33) received in the Office of the EXECUTIVE REPORTS OF ice Administration’s Alternative Fuel Vehi- President of the Senate on March 1, 2010; to COMMITTEES cle program; to the Committee on Energy the Committee on Banking, Housing, and and Natural Resources. The following executive reports of Urban Affairs. EC–4879. A communication from the Acting nominations were submitted: EC–4870. A communication from the Chief Assistant Administrator for Fisheries, Na- By Mr. BINGAMAN for the Committee on Counsel, Federal Emergency Management tional Marine Fisheries Service, Department Agency, Department of Homeland Security, Energy and Natural Resources. of Commerce, transmitting, pursuant to law, *Patricia A. Hoffman, of Virginia, to be an transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Taking of Ma- a rule entitled ‘‘Suspension of Community Assistant Secretary of Energy (Electricity rine Mammals Incidental to Commercial Delivery and Energy Reliability). Eligibility (75 FR 5890)’’ ((44 CFR Part Fishing Operations; Harbor Porpoise Take 64)(Docket No. FEMA–2010–0003)) received in *Larry Persily, of Alaska, to be Federal Reduction Plan Regulations’’ (RIN0648– Coordinator for Alaska Natural Gas Trans- the Office of the President of the Senate on AW51) received in the Office of the President February 26, 2010; to the Committee on portation Projects for the term prescribed by of the Senate on February 26, 2010; to the law. Banking, Housing, and Urban Affairs. Committee on Environment and Public EC–4871. A communication from the Chief Works. *Nomination was reported with rec- Counsel, Federal Emergency Management EC–4880. A communication from the Pro- ommendation that it be confirmed sub- Agency, Department of Homeland Security, gram Manager, Administration for Children ject to the nominee’s commitment to transmitting, pursuant to law, the report of and Families, Department of Health and respond to requests to appear and tes- a rule entitled ‘‘Final Flood Elevation Deter- Human Services, transmitting, pursuant to minations’’ ((44 CFR Part 67)(Docket No. tify before any duly constituted com- law, the report of a rule entitled ‘‘Computer- mittee of the Senate. FEMA–2010–0003)) received in the Office of ized Tribal IV–D Systems and Office Auto- the President of the Senate on February 26, mation’’ (RIN0970–AC32) received in the Of- f 2010; to the Committee on Banking, Housing, fice of the President of the Senate on Feb- INTRODUCTION OF BILLS AND and Urban Affairs. ruary 25, 2010; to the Committee on Finance. EC–4872. A communication from the Chief EC–4881. A communication from the Board JOINT RESOLUTIONS Counsel, Federal Emergency Management of Trustees, National Railroad Retirement The following bills and joint resolu- Agency, Department of Homeland Security, Investment Trust, transmitting, pursuant to tions were introduced, read the first transmitting, pursuant to law, the report of law, an annual report relative to its oper- a rule entitled ‘‘Suspension of Community and second times by unanimous con- ations and financial condition; to the Com- sent, and referred as indicated: Eligibility for Failure to Maintain Adequate mittee on Finance. Floodplain Management Regulations’’ ((44 EC–4882. A communication from the United By Mr. HATCH (for himself and Mr. CFR Part 64)(Docket No. FEMA–2010–0003)) States Trade Representative, Executive Of- REID): received in the Office of the President of the fice of the President, transmitting, pursuant S. 3060. A bill to amend the Atomic Energy Senate on February 26, 2010; to the Com- to law, the 2010 Trade Policy Agenda and 2009 Act of 1954 to provide for thorium fuel cycle mittee on Banking, Housing, and Urban Af- Annual Report of the President of the United nuclear power generation; to the Committee fairs. States on the Trade Agreements Program; to on Energy and Natural Resources. EC–4873. A communication from the Chief the Committee on Finance. By Mr. DODD (for himself and Mr. EN- Counsel, Federal Emergency Management EC–4883. A communication from the Sec- SIGN): Agency, Department of Homeland Security, retary of the Department of Commerce, S. 3061. A bill to amend part B of title IV transmitting, pursuant to law, the report of transmitting, pursuant to law, a report rel- of the Elementary and Secondary Education a rule entitled ‘‘Suspension of Community ative to the export to the People’s Republic Act of 1965 to improve 21st Century Commu- Eligibility (75 FR 6120)’’ ((44 CFR Part of China of items not detrimental to the U.S. nity Learning Centers; to the Committee on 64)(Docket No. FEMA–2010–0003)) received in space launch industry; to the Committee on Health, Education, Labor, and Pensions. the Office of the President of the Senate on Foreign Relations. By Mr. CARPER (for himself, Ms. February 26, 2010; to the Committee on EC¥4884. A communication from the As- SNOWE, Mr. BROWN of Ohio, and Ms. Banking, Housing, and Urban Affairs. sistant Secretary, Bureau of Legislative Af- COLLINS): EC–4874. A communication from the Sec- fairs, Department of State, transmitting, S. 3062. A bill to extend credits related to retary, Division of Trading and Markets, Se- pursuant to the Arms Export Control Act, the production of electricity from offshore curities and Exchange Commission, trans- the certification of a proposed amendment to wind, and for other purposes; to the Com- mitting, pursuant to law, the report of a rule a manufacturing license agreement for the mittee on Finance.

VerDate Nov 24 2008 01:53 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.048 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE March 3, 2010 By Mr. REID (for himself, Mr. BEGICH, culture and sustainable farming practices in (Ms. CANTWELL) and the Senator from Mr. BENNET, Mr. BENNETT, Mrs. FEIN- Afghanistan and their dedication and service North Dakota (Mr. CONRAD) were added STEIN, Mr. MERKLEY, Ms. MURKOWSKI, to the United States; to the Committee on as cosponsors of S. 984, a bill to amend and Mr. WYDEN): Armed Services. the Public Health Service Act to pro- S. 3063. A bill to direct the Secretary of the By Mr. LUGAR (for himself and Mr. Interior to provide loans to certain organiza- KERRY): vide for arthritis research and public tions in certain States to address habitats S. Res. 431. A resolution expressing pro- health, and for other purposes. and ecosystems and to address and prevent found concern, deepest sympathies, and soli- S. 1273 invasive species; to the Committee on En- darity on behalf of the people of the United At the request of Mr. DORGAN, the ergy and Natural Resources. States to the people and Government of name of the Senator from Iowa (Mr. By Ms. SNOWE (for herself, Mr. CAR- Chile following the massive earthquake; to GRASSLEY) was added as a cosponsor of PER, and Ms. COLLINS): the Committee on Foreign Relations. S. 3064. A bill to amend the Internal Rev- By Mrs. LINCOLN (for herself and Mr. S. 1273, a bill to amend the Public enue Code of 1986 to provide a credit for the CRAPO): Health Service Act to provide for the production of energy from deep water off- S. Res. 432. A bill supporting the goals and establishment of permanent national shore wind; to the Committee on Finance. ideals of the Year of the Lung 2010; to the surveillance systems for multiple scle- By Mr. LIEBERMAN (for himself, Mr. Committee on Health, Education, Labor, and rosis, Parkinson’s disease, and other LEVIN, Mr. UDALL of Colorado, Mrs. Pensions. neurological diseases and disorders. GILLIBRAND, Mr. BURRIS, Mr. BINGA- By Mrs. SHAHEEN (for herself, Mr. S. 1428 MAN, Mrs. BOXER, Mr. WYDEN, Mr. CARDIN, Mrs. GILLIBRAND, and Mrs. LEAHY, Mr. SPECTER, Mr. MERKLEY, BOXER): At the request of Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mr. FRANKEN, and S. Res. 433. A resolution supporting the the name of the Senator from Min- Mr. CARDIN): goals of ‘‘International Women’s Day’’; to nesota (Ms. KLOBUCHAR) was added as a S. 3065. A bill to amend title 10, United the Committee on the Judiciary. cosponsor of S. 1428, a bill to amend the States Code, to enhance the readiness of the f Toxic Substances Control Act to phase Armed Forces by replacing the current pol- out the use of mercury in the manufac- icy concerning homosexuality in the Armed ADDITIONAL COSPONSORS ture of chlorine and caustic soda, and Forces, referred to as ‘‘Don’t Ask, Don’t S. 362 for other purposes. Tell’’, with a policy of nondiscrimination on At the request of Mr. ROCKEFELLER, the basis of sexual orientation; to the Com- the name of the Senator from West S. 1567 mittee on Armed Services. Virginia (Mr. BYRD) was added as a co- At the request of Mr. BROWNBACK, the By Mr. AKAKA: name of the Senator from Maine (Ms. S. 3066. A bill to correct the application of sponsor of S. 362, a bill to amend title the Non-Foreign Area Retirement Equity As- 38, United States Code, to improve the SNOWE) was added as a cosponsor of S. surance Act of 2009 (5 U.S.C. 5304 note) to em- collective bargaining rights and proce- 1567, a bill to provide for the issuance ployees paid saved or retained rates; to the dures for review of adverse actions of of a Multinational Species Conserva- Committee on Homeland Security and Gov- certain employees of the Department tion Funds Semipostal Stamp. ernmental Affairs. of Veterans Affairs, and for other pur- S. 1611 By Mr. BURR (for himself and Mr. poses. At the request of Mr. GREGG, the JOHANNS): S. 688 S. 3067. A bill to amend the Internal Rev- name of the Senator from Alaska (Ms. enue Code of 1986 to increase the exclusion At the request of Ms. SNOWE, the MURKOWSKI) was added as a cosponsor for employer-provided department care as- name of the Senator from North Caro- of S. 1611, a bill to provide collective sistance; to the Committee on Finance. lina (Mrs. HAGAN) was added as a co- bargaining rights for public safety offi- By Mr. KYL (for Mrs. HUTCHISON): sponsor of S. 688, a bill to require that cers employed by States or their polit- S. 3068. A bill to reauthorize the National health plans provide coverage for a ical subdivisions. Aeronautics and Space Administration minimum hospital stay for S. 1859 Human Space Flight Activities, and for mastectomies, lumpectomies, and other purposes; to the Committee on Com- At the request of Mr. ROCKEFELLER, merce, Science, and Transportation. lymph node dissection for the treat- the name of the Senator from Oregon By Mr. SCHUMER (for himself, Mr. ment of breast cancer and coverage for (Mr. WYDEN) was added as a cosponsor CASEY, Mr. BROWN of Ohio, Mr. TEST- secondary consultations. of S. 1859, a bill to reinstate Federal ER, and Mr. SPECTER): S. 742 matching of State spending of child S. 3069. A bill to amend the American Re- At the request of Mr. CHAMBLISS, the support incentive payments. covery and Reinvestment Act of 2009 to pro- name of the Senator from Hawaii (Mr. vide for the preservation and creation of jobs S. 2898 INOUYE) was added as a cosponsor of S. in the United States for projects receiving At the request of Ms. LANDRIEU, the 742, a bill to expand the boundary of grants for specified energy property; to the name of the Senator from Mississippi the Jimmy Carter National Historic Committee on Banking, Housing, and Urban (Mr. COCHRAN) was added as a cospon- Site in the State of Georgia, to redesig- Affairs. sor of S. 2898, a bill to provide for child By Mr. NELSON of Florida (for himself nate the unit as a National Historical safety, care, and education continuity and Mr. LEMIEUX): Park, and for other purposes. in the event of a presidentially de- S. 3070. A bill to release Federal rever- S. 891 sionary interests retained on certain lands clared disaster. At the request of Mr. BROWNBACK, the acquired in the State of Florida under the S. 2924 Bankhead-Jones Farm Tenant Act, to au- name of the Senator from Oregon (Mr. WYDEN) was added as a cosponsor of S. At the request of Mr. LEAHY, the thorize the interchange of National Forest name of the Senator from Maine (Ms. System land and State land in Florida, to 891, a bill to require annual disclosure authorize an additional conveyance under to the Securities and Exchange Com- SNOWE) was added as a cosponsor of S. the Florida National Forest Land Manage- mission of activities involving colum- 2924, a bill to reauthorize the Boys & ment Act of 2003, and for other purposes; to bite–tantalite, cassiterite, and wolf- Girls Clubs of America, in the wake of the Committee on Agriculture, Nutrition, ramite from the Democratic Republic its Centennial, and its programs and and Forestry. of Congo, and for other purposes. activities. f S. 941 S. 2982 SUBMISSION OF CONCURRENT AND At the request of Mr. CRAPO, the At the request of Mr. KERRY, the SENATE RESOLUTIONS name of the Senator from Mississippi name of the Senator from Pennsyl- (Mr. WICKER) was added as a cosponsor vania (Mr. SPECTER) was added as a co- The following concurrent resolutions of S. 941, a bill to reform the Bureau of sponsor of S. 2982, a bill to combat and Senate resolutions were read, and Alcohol, Tobacco, Firearms, and Explo- international violence against women referred (or acted upon), as indicated: sives, modernize firearm laws and regu- and girls. By Mr. INHOFE (for himself and Mr. lations, protect the community from S. 3014 COBURN): criminals, and for other purposes. S. Res. 430. A resolution commending the At the request of Ms. STABENOW, the members of the 45th Agri-Business Develop- S. 984 name of the Senator from Wyoming ment Team of the Oklahoma National At the request of Mrs. BOXER, the (Mr. ENZI) was added as a cosponsor of Guard, for their efforts to modernize agri- names of the Senator from Washington S. 3014, a bill to amend the Internal

VerDate Nov 24 2008 01:13 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.068 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1019 Revenue Code of 1986 to allow compa- ment No. 3352 proposed to H.R. 4213, a Thorium-based nuclear fuel will re- nies to utilize existing alternative min- bill to amend the Internal Revenue main in the reactor about three times imum tax credits to create and main- Code of 1986 to extend certain expiring as long as conventional nuclear fuel, tain United States jobs, and for other provisions, and for other purposes. thereby cutting the volume of spent purposes. At the request of Mr. GRASSLEY, the nuclear fuel coming out of reactors by S. 3027 name of the Senator from Utah (Mr. as much as two-thirds. Thorium nu- At the request of Ms. KLOBUCHAR, the BENNETT) was added as a cosponsor of clear fuel could also significantly re- name of the Senator from Massachu- amendment No. 3352 proposed to H.R. duce the possibility that weapons grade setts (Mr. KERRY) was added as a co- 4213, supra. material would result from the process. sponsor of S. 3027, a bill to prevent the AMENDMENT NO. 3353 Finally, a thorium fuel cycle can be inadvertent disclosure of information At the request of Mr. LAUTENBERG, used as a very effective and efficient on a computer through certain ‘‘peer- his name was added as a cosponsor of means for disposing of existing pluto- to-peer’’ file sharing programs without amendment No. 3353 proposed to H.R. nium stockpiles. For these reasons, a number of gov- first providing notice and obtaining 4213, a bill to amend the Internal Rev- ernments throughout the world are ag- consent from an owner or authorized enue Code of 1986 to extend certain ex- gressively seeking to establish thorium user of the computer. piring provisions, and for other pur- nuclear power as an element of their S. RES. 409 poses. At the request of Ms. MIKULSKI, her power supply. These governments want At the request of Mr. FEINGOLD, the name was added as a cosponsor of the benefits of nuclear power, without name of the Senator from Indiana (Mr. amendment No. 3353 proposed to H.R. the difficulties associated with large BAYH) was added as a cosponsor of S. 4213, supra. volumes of waste, much of which can Res. 409, a resolution calling on mem- At the request of Mr. SANDERS, the be turned to weapons grade material. bers of the Parliament in Uganda to re- names of the Senator from New Jersey Our aim with this legislation is to en- ject the proposed ‘‘Anti-Homosexuality (Mr. MENENDEZ), the Senator from New sure that the U.S. does not fall behind Bill,’’ and for other purposes. York (Mr. SCHUMER), the Senator from the movement. I hope my colleagues AMENDMENT NO. 3337 Massachusetts (Mr. KERRY) and the will take a look at the potential for At the request of Mr. SESSIONS, the Senator from Alaska (Mr. BEGICH) were thorium-based nuclear power. names of the Senator from Wyoming added as cosponsors of amendment No. By Mr. DODD (for himself and (Mr. ENZI), the Senator from Alaska 3353 proposed to H.R. 4213, supra. (Mr. BEGICH), the Senator from Massa- Mr. ENSIGN): AMENDMENT NO. 3356 S. 3061. A bill to amend part B of title chusetts (Mr. BROWN), the Senator At the request of Mrs. MURRAY, the IV of the Elementary and Secondary from Nebraska (Mr. JOHANNS) and the names of the Senator from Michigan Senator from Minnesota (Ms. Education Act of 1965 to improve 21st (Mr. LEVIN), the Senator from Con- Century Community Learning Centers; KLOBUCHAR) were added as cosponsors necticut (Mr. DODD), the Senator from of amendment No. 3337 proposed to to the Committee on Health, Edu- New York (Mrs. GILLIBRAND), the Sen- cation, Labor, and Pensions. H.R. 4213, a bill to amend the Internal ator from Massachusetts (Mr. KERRY) Mr. DODD. Mr. President, I rise Revenue Code of 1986 to extend certain and the Senator from New York (Mr. today, joined by my colleague Senator expiring provisions, and for other pur- SCHUMER) were added as cosponsors of ENSIGN, to introduce legislation that poses. amendment No. 3356 proposed to H.R. will provide children with safe, AMENDMENT NO. 3338 4213, a bill to amend the Internal Rev- healthy, and academically focused At the request of Mr. THUNE, the enue Code of 1986 to extend certain ex- afterschool programs. names of the Senator from Utah (Mr. piring provisions, and for other pur- The Improving 21st Century Commu- BENNETT), the Senator from Kansas poses. nity Learning Centers Act of 2010 is en- (Mr. ROBERTS), the Senator from Ari- f dorsed by the Afterschool Alliance, an zona (Mr. MCCAIN), the Senator from organization representing more than STATEMENTS ON INTRODUCED Georgia (Mr. ISAKSON), the Senator 25,000 public, private, and non-profit BILLS AND JOINT RESOLUTIONS from Georgia (Mr. CHAMBLISS), the Sen- afterschool providers dedicated to ex- ator from Oklahoma (Mr. INHOFE) and By Mr. HATCH (for himself and panding access to high quality after- the Senator from Wyoming (Mr. Mr. REID): school programs, as well as a broad co- BARRASSO) were added as cosponsors of S. 3060. A bill to amend the Atomic alition of other local and national or- amendment No. 3338 proposed to H.R. Energy Act of 1954 to provide for tho- ganizations. 4213, a bill to amend the Internal Rev- rium fuel cycle nuclear power genera- They, and I, have committed to pro- enue Code of 1986 to extend certain ex- tion; to the Committee on Energy and viding quality afterschool care because piring provisions, and for other pur- Natural Resources. the record is clear: students who regu- poses. Mr. HATCH. Mr. President, today I larly attend afterschool programs have AMENDMENT NO. 3344 rise to introduce the Thorium Energy better grades and behavior in school, Security Act of 2010 with my good At the request of Mr. LEVIN, the better peer relations and emotional ad- name of the Senator from Ohio (Mr. friend and colleague Senator HARRY justment, and lower incidences of drug REID as an original cosponsor. Our leg- use, violence, and pregnancy. When BROWN) was added as a cosponsor of amendment No. 3344 intended to be pro- islation would establish a regulatory kids have something productive to do posed to H.R. 4213, a bill to amend the framework and a development program in the hours between when they are let Internal Revenue Code of 1986 to extend to facilitate the introduction of tho- out of school and when their parents certain expiring provisions, and for rium-based nuclear fuel in existing and get home from work, they are more other purposes. future nuclear power plants in the U.S. likely to avoid the traps of risky be- The U.S. is dependent on foreign havior, more likely to be physically AMENDMENT NO. 3350 sources for about 90 percent of its ura- healthy and academically successful, At the request of Ms. STABENOW, the nium fuel needs. However, the most re- and more likely to fulfill their poten- names of the Senator from Ohio (Mr. cent U.S. Geological Survey Thorium tial. BROWN) and the Senator from Wyoming Mineral Commodity Survey confirms As co-chairs of the Afterschool Cau- (Mr. ENZI) were added as cosponsors of that the U.S. has the largest thorium cus, Senator ENSIGN and I have worked amendment No. 3350 intended to be pro- deposits in the world. to expand awareness of these benefits posed to H.R. 4213, a bill to amend the I have been a longtime supporter of by organizing annual briefings, sharing Internal Revenue Code of 1986 to extend our Nation’s nuclear power industry, research, and advocating fiercely for a certain expiring provisions, and for and I expect to see a long future for nu- focus on afterschool care when we talk other purposes. clear power in this nation. I believe about how to give our kids the best op- AMENDMENT NO. 3352 that future is enhanced with the possi- portunities possible. At the request of Mr. BOND, his name bility of thorium nuclear power as new While we know that afterschool care was added as a cosponsor of amend- source of nuclear power in the future. works, the truth is that too many

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.041 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE March 3, 2010 American kids don’t have access to with children who do not participate in they exacerbate other critical issues, good programs. More than 15 million a program would enroll their children including water quantity and quality, children—from kindergarten through in afterschool if they had that option. and wildfire. Zebra mussels in Lake 12th grade—spend time unsupervised in We should work to give them that op- Mead are poised to wreak havoc on the the hours after school. That includes tion. lake’s water quality. Tamarisk’s long an incredible 40,000 kindergartners and The Improving 21st Century Commu- tap roots infiltrate deep water tables, nearly 4 million middle school students nity Learning Centers Act is a positive exploiting up to 200 gallons of water in grades six to eight. step towards offering all of our chil- per tree per day. Millions of acres of When the bell rings and the school dren the chance to spend their after- cheatgrass and beetle-killed trees day ends, these kids face some 3 hours noons safely and productively. It is a stand ready to burn if sparked. In fact, of unscheduled, often unsupervised step towards making good on the most the fire cycle in the Great Basin has time before their parents get home important promise: the one we make to shortened from 25–50 years to only 3–5 from work. Those are rarely productive our kids. I hope that my colleagues years as a direct result of the take-over hours, and, worse, those are the hours will join me in support of this impor- of invasive weeds. during which these children are most tant legislation. These few examples underscore the likely to experiment with risky behav- need for this long overdue legislation. By Mr. REID (for himself, Mr. iors. State and local agencies and organiza- BEGICH, Mr. BENNETT, Mrs. We can do better for our kids. tions that fight invasive species need FEINSTEIN, Mr. MERKLEY, Ms. The Improving 21st Century Commu- access to resources when a new threat MURKOWSKI, and Mr. WYDEN): nity Learning Centers Act of 2010 has is identified, not when funds are avail- three goals. First, to enhance the qual- S. 3063. A bill to direct the Secretary of the Interior to provide loans to cer- able based on bureaucratic budget ity and sustainability of afterschool cycle. programs. Second, to emphasize phys- tain organizations in certain States to address habitats and ecosystems and to The revolving loan program estab- ical fitness and wellness programs as lished with this bill will provide quali- part of our nationwide effort to reduce address and prevent invasive species; to the Committee on Energy and Natural fied organizations with the resources childhood obesity, and third, to encour- Resources. they need to tackle invasive species age service learning. Mr. REID. Mr. President, I am threats within 90 days. The Secretary Our legislation provides States with pleased to introduce bipartisan legisla- of the Interior will ensure that these tools designed to keep quality pro- tion that will protect the unique eco- funds are being used for appropriate grams going. It would allow program systems of the American West from the projects based on vetted review cri- grantees the ability to renew their harmful effects of invasive, non-native teria. grants if they can show that the pro- species. I am joined by my cosponsors Bark beetles, quagga mussels, and grams are working. It gives states the Senators BEGICH, BENNET of Colorado, Medusahead have no respect for budget option to expand technical assistance BENNETT of Utah, FEINSTEIN, MERKLEY, cycles or State lines. Hence, I urge my functions to improve the quality of MURKOWSKI, and WYDEN. colleagues to support this critical leg- afterschool programs. The Invasive Species Emergency Re- islation. It is paramount if we want to Our legislation will increase opportu- sponse Fund provides resources to pre- protect our unique Western landscape. nities for young Americans to be more vent the introduction and spread of Mr. President, I ask unanimous con- physically active. The administration harmful invasive species; protect sus- sent that the text of the bill be printed has put a focus on reducing obesity— ceptible habitats; and establish early in the RECORD. one of the easiest medical conditions detection and rapid response capabili- There being no objection, the text of to recognize, but one of the most dif- ties to combat incipient invasive spe- the bill was ordered to be printed in ficult to treat—among our children. cies populations. the RECORD, as follows: Obesity costs our society as much as As global climate change patterns S. 3063 $147 billion each year—and the best shift, particular habitats in the West Be it enacted by the Senate and House of way to stop it is to encourage our kids will be especially vulnerable to the im- Representatives of the United States of America to be more active. Afterschool pro- pacts of new species introductions. in Congress assembled, grams offer a tremendous opportunity Hence, the new paradigms in invasive SECTION 1. SHORT TITLE. to do just that, and our legislation in- species management provided via this This Act may be cited as the ‘‘Invasive cludes such wellness efforts in the list legislation are critically needed. When Species Emergency Response Fund Act’’. of programs that can receive support. it comes to invasive species manage- SEC. 2. PURPOSES. Our legislation encourages kids to ment, history is replete with examples The purpose of this Act is to encourage get involved in service learning and illustrating the adage that ‘‘an ounce partnerships among Federal and State agen- youth development activities. Service of prevention is worth a pound of cies, Indian tribes, academic institutions, learning integrates student-designed cure.’’ and public and private stakeholders— (1) to prevent against the introduction and service projects with academic studies. The impact of invasive species in the This type of program has been shown spread of harmful invasive species; U.S. is now widespread. More than 6,500 (2) to protect, enhance, restore, and man- to strengthen student engagement, en- non-native, invasive species have be- age a variety of habitats for native plants, hance student achievement, lower come established populations through- fish, and wildlife; and drop-out and suspension rates, develop out the U.S. Studies show that the (3) to establish early detection and rapid workforce and leadership skills, and damage caused by these pests and their response capabilities to combat incipient provide opportunities for teamwork. associated control costs total more harmful invasive species. Of course, as we offer this legislation, than $100 billion annually. The unique SEC. 3. INVASIVE SPECIES EMERGENCY RE- I must also remind my colleagues that ecologies of the West are particularly SPONSE FUND. (a) DEFINITIONS.—In this section: afterschool programs only work with vulnerable to their harmful effects. sufficient funding. In a difficult econ- (1) ECOSYSTEM.—The term ‘‘ecosystem’’ My home State of Nevada is at the means an area, considered as a whole, that omy, it is even more important to center of this ecological storm. Non- contains living organisms that interact with focus on empowering these programs. native species decrease rangeland ca- each other and with the non-living environ- Studies have shown that afterschool pacity; lower water tables; reduce ment. care can reduce worker absenteeism by water quality; increase fuel loads; and (2) ELIGIBLE STATE.—The term ‘‘eligible as much as 30 percent and reduce work- displace native plants and wildlife State’’ means any State located in Region 4, er turnover by up to 60 percent. De- habitats. Some in the environmental as determined by the Census Bureau. creased worker productivity related to community have identified the Great (3) FUND.—The term ‘‘Fund’’ means the parental concerns about afterschool Invasive Species Emergency Response Fund Basin as the third most endangered established by subsection (b). care costs our economy up to $300 bil- ecosystem in the U.S. due, in part, to (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ lion each year. Approximately 1 in 10 the dominance of invasive species. has the meaning given the term in section 4 children is currently enrolled in after- Moreover, once invasive species have of the Indian Self-Determination Act and school care. However, 2/3 of parents gained a foothold in Western States, Education Assistance Act (25 U.S.C. 450b).

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(5) INTRODUCTION.—The term ‘‘introduc- excess of or less than the amounts required (XII) to promote cooperation and partici- tion’’, with respect to a species, means the to be transferred. pation between States that have common in- intentional or unintentional escape, release, (e) INVESTMENT OF AMOUNTS.— terests regarding invasive species; dissemination, or placement of the species (1) IN GENERAL.—The Secretary of the (XIII) that addresses or enhances the ef- into an ecosystem as a result of human ac- Treasury shall invest such portion of the forts of qualified organizations, States, or tivity. Fund as is not, in the judgment of the Sec- landscape-level initiatives that have (6) INVASIVE SPECIES.—The term ‘‘invasive retary of the Treasury, required to meet cur- invasive species responsibility, authority, or species’’ means a species— rent withdrawals. prevention, remediation and control strate- (A) that is nonnative to a specified eco- (2) INTEREST BEARING OBLIGATIONS.—Invest- gies, and applicable plans in place; or system; and ments may be made only in interest-bearing (XIV) to educate the public regarding the (B) the introduction to an ecosystem of obligations of the United States. negative effects of invasive species, to help which causes, or may cause, harm to— (f) USE OF FUND.— prevent and mitigate the introduction and (i) the economy; (1) LOANS.— spread of invasive species into or near high- (ii) the environment; or (A) IN GENERAL.—The Secretary shall use risk aquatic, terrestrial, and arid eco- (iii) human, animal, or plant health. amounts in the Fund to provide loans to systems. (7) QUALIFIED ORGANIZATION.— qualified organizations to prevent and reme- (iii) TRANSMISSION TO THE SECRETARY.—The (A) IN GENERAL.—The term ‘‘qualified orga- diate the impacts of invasive species on habi- Governor shall transmit to the Secretary all nization’’ means an organization that— tats and ecosystems. applications received by the Governor under (i) submits an application for a project in (B) ELIGIBILITY.— clause (i). an eligible State; and (i) IN GENERAL.—To be eligible to receive a (C) SENSE OF CONGRESS REGARDING (ii) demonstrates an effort to address— loan under this paragraph, a qualified orga- MULTISTATE COMPACTS.—It is the sense of (I) a certain invasive species; or nization shall submit to the Governor of the Congress that— (II) a certain habitat or ecosystem im- eligible State in which the project of the (i) Governors of States should enter into pacted by an invasive species. qualified organization is located an applica- multistate compacts in coordination with (B) INCLUSIONS.—The term ‘‘qualified orga- tion at such time, in such manner, and con- qualified organizations to prevent, address, nization’’ includes any individual rep- taining such information as may be required and remediate against the spread of animals, resenting, or any combination of— by application requirements established by plants, or pathogens, or aquatic, wetland, or (i) public or private stakeholders; the Secretary, after taking into account the terrestrial invasive species; (ii) Federal agencies; recommendations of the Governors of eligi- (ii) the Secretary should give special con- (iii) Indian tribes; ble States. sideration to multistate compacts described (iv) State land, forest, or fish wildlife man- (ii) GUBERNATORIAL RECOMMENDATIONS.—In in clause (i) in reviewing loan solicitations agement agencies; reviewing the applications under clause (i), and applications of the States and qualified (v) academic institutions; and the Governor may recommend to the Sec- organizations that are parties to the com- (vi) other organizations, as the Secretary retary for approval any application of a pacts; and determines to be appropriate. qualified organization under clause (i) if the (iii) if a multistate compact is entered into (8) SECRETARY.—The term ‘‘Secretary’’ Governor determines that the qualified orga- under clause (i), the Governors of all States means the Secretary of the Interior. nization is carrying out or will carry out a that are parties to the compact should com- (9) STAKEHOLDER.—The term ‘‘stakeholder’’ project— bine to repay to the Secretary of the Treas- includes— (I) designed to fully assess long-term com- ury a total combined amount equal to not (A) State, tribal, and local governmental prehensive severity of the problem or poten- less than 25 percent of the amount of the agencies; tial problem addressed by the project; loan provided under this Act (including in- (B) the scientific community; and (II) that uses early detection and response terest at a rate less than or equal to the (C) nongovernmental entities, including mechanisms that seek to prevent— market interest rate). environmental, agricultural, and conserva- (aa) the introduction or spread of invasive (D) PETITIONS.— tion organizations, trade groups, commercial species from outside the United States into (i) ACTION BY GOVERNOR.—Not later than 30 interests, and private landowners. an eligible State; or days after the receipt of an application rec- (b) ESTABLISHMENT OF FUND.—There is es- (bb) the spread of an established invasive ommended for approval by the Secretary tablished in the Treasury of the United species into an eligible State; under subparagraph (B)(ii), the Governor of States a revolving fund, to be known as the (III) to prevent the regrowth or reintroduc- an eligible State shall submit to the Sec- ‘‘Invasive Species Emergency Response tion of an invasive species, to the extent to retary, on behalf of all qualified organiza- Fund’’, consisting of— which the qualified organization has tions, a petition, together with copies of the (1) such amounts as are appropriated to the achieved progress with respect to reduction recommended application, to receive a loan Fund pursuant to subsection (h); and or elimination of the invasive species; under this paragraph. (2) interest earned on investments of (IV) in rare or unique habitats, such as— (ii) APPROVAL.—Not later than 30 days amounts in the Fund under subsection (e). (aa) desert terminal lakes; after the date of receipt of a petition under (c) EXPENDITURES FROM FUND.— (bb) rivers that feed desert terminal lakes; clause (i), the Secretary, at the sole discre- (1) IN GENERAL.—Subject to paragraph (2), (cc) desert springs; tion of the Secretary, may approve the peti- on request by the Secretary, the Secretary of (dd) alpine lakes; tion. the Treasury shall transfer from the Fund to (ee) old growth forest ecosystems; and (iii) ACTION ON APPROVAL.—Not later than the Secretary such amounts as the Secretary (ff) special land allocations, such as wilder- 30 days after the date of approval of a peti- determines are necessary to provide loans ness, wilderness management areas, research tion under clause (ii) or the approval by the under subsection (f)(1). natural areas, and experimental forests; Secretary of an application otherwise trans- (2) ADMINISTRATIVE EXPENSES.—Of the (V) that is likely to prevent or resolve a mitted by a Governor under subparagraph amounts in the Fund— problem relating to invasive species; (B)(iii), the Secretary shall provide to the (A) not more than 5 percent shall be avail- (VI) to remediate the spread of aquatic qualified organization a loan under this able for each fiscal year to pay the adminis- invasive species within important bodies of paragraph. trative expenses of the Department of the In- water, as determined by the Secretary (in- (E) PRIORITY.—In providing loans under terior to carry out this section; cluding the Colorado River); this paragraph, the Secretary shall give pri- (B) not more than 5 percent shall be avail- (VII) to remediate the spread of terrestrial ority to applications of qualified organiza- able for each fiscal year to pay the adminis- invasive species within important forest eco- tions carrying out, or that will carry out, trative expenses of offices of the Governors systems, including wilderness, wilderness more than 1 project described in subpara- of eligible States to carry out this section; management areas, research natural areas, graph (B)(ii). and and experimental forests; (2) REQUIREMENTS.— (C) not more than 10 percent shall be avail- (VIII) to assess and promote wildfire man- (A) LOAN REPAYMENT.— able for each fiscal year to pay the adminis- agement strategies, increase the supply of (i) IN-KIND CONSIDERATION.—With respect to trative expenses of a qualified organization native plant materials, and reintroduce na- loan repayment under clause (ii), the Sec- to carry out this section. tive plant species intended to limit or miti- retary may accept, in lieu of monetary pay- (d) TRANSFERS OF AMOUNTS.— gate the impacts of invasive species; ment, in-kind contributions in such form and (1) IN GENERAL.—The amounts required to (IX) to assess and reduce invasive species- such quantity as may be acceptable to the be transferred to the Fund under this section related changes in wildlife habitat and Secretary, including contributions in the shall be transferred at least monthly from aquatic, terrestrial, and arid ecosystems; form of— the general fund of the Treasury to the Fund (X) to assess and reduce negative economic (I) maintenance, remediation, prevention, on the basis of estimates made by the Sec- impacts and other impacts associated with alteration, repair, improvement, or restora- retary of the Treasury. control methods and the restoration of a na- tion (including environmental restoration) (2) ADJUSTMENTS.—Proper adjustment shall tive ecosystem; activities for approved projects; and be made in amounts subsequently trans- (XI) to improve the overall capacity of the (II) such other services as the Secretary ferred to the extent prior estimates were in United States to address invasive species; considers to be appropriate.

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.070 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE March 3, 2010 (ii) REPAYMENT.—Subject to clause (iii), is provided, on the date on which the term of megawatts from advanced nuclear not later than 10 years after the date on the loan is 50 percent completed. power. The Deepwater Wind Incentive which a qualified organization receives a (h) AUTHORIZATION OF APPROPRIATIONS.— Act, follows this template and provides loan under paragraph (1), the qualified orga- There is authorized to be appropriated to the nization shall repay to the Secretary of the Fund $80,000,000 for each of fiscal years 2011 a 50 percent bonus renewable produc- Treasury an amount equal to not less than 25 through 2015. tion tax credit for advanced offshore percent of the amount of the loan (including wind facilities that are placed in serv- interest at a rate less than or equal to the By Ms. SNOWE (for herself, Mr. ice in more than 60 meters of water. market interest rate). CARPER, and Ms. COLLINS): The credit is capped at the first 6,000 (iii) WAIVER.—Not more frequently than S. 3064. A bill to amend the Internal megawatts to provide an incentive for once every 5 years, the Secretary, in con- Revenue Code of 1986 to provide a cred- companies to expeditiously research sultation with the Secretary of the Treas- it for the production of energy from and deploy this technology. ury, may waive the requirements under clauses (i) and (ii) with respect to 1 qualified deep water offshore wind; to the Com- Time after time, the Department of organization. mittee on Finance. Energy has indicated that wind can (B) LONG-TERM MANAGEMENT AND REMEDI- Ms. SNOWE. Mr. President, I rise to provide a substantial amount of elec- ATION STRATEGIES.—The Secretary shall en- speak about legislation that I am in- tricity in our country. The Depart- sure that no loan provided under paragraph troducing today, the Deepwater Wind ment’s ‘‘20 percent Wind Energy by (1) is used to carry out a long-term manage- Incentive Act, which will provide a 2030,’’ outlined the policy steps that ment or remediation strategy, unless the critical long-term renewable produc- would move wind to be a major source Governor or applicable qualified organiza- tion tax credit for developing deep- tion demonstrates either or both a reliable of American power. In the report, the funding stream and in-kind contributions to water wind facilities in the U.S. DOE states that the wind industry carry out the strategy over the duration of Deepwater wind refers to a new off- ‘‘has responded positively to policy in- the project. shore wind technology that utilizes ad- centives when they are in effect.’’ This (3) RENEWAL.—After reviewing the reports vanced floating technologies to remove tax policy provides a consistent and under subsection (g), if the Secretary, in con- restrictions on the depth of the water clear tax credit to achieve the 20 per- sultation with the Governor of each affected and expand our offshore wind resource cent by 2030 that is considered in the State, determines that a project is making by nearly a magnitude of six. Last report. I thank Senator CARPER and satisfactory progress, the Secretary may year, Popular Science named deep- renew the loan provided under this sub- Senator COLLINS for their assistance in section for a period of not more than 3 addi- water wind one of the eight tech- crafting this legislation and I look for- tional fiscal years. nologies that can revolutionize our en- ward to working with them to enact (g) REPORTS.— ergy paradigm. I am pleased to have this legislation into law. (1) REPORTS TO SECRETARY.—For each year worked with Senators CARPER and COL- during which a qualified organization re- LINS, two longtime leaders on offshore By Mr. LIEBERMAN (for himself, ceives a loan under subsection (f), the quali- wind development, on this proposal and Mr. LEVIN, Mr. UDALL of Colo- fied organization, in conjunction with the rado, Mrs. GILLIBRAND, Mr. Governor of the eligible State in which the look forward to discussing this bill qualified organization is primarily located, with my Finance Committee col- BURRIS, Mr. BINGAMAN, Mrs. shall submit to the Secretary a report de- leagues. BOXER, Mr. WYDEN, Mr. LEAHY, scribing each project (including the results Currently, there is a race to develop Mr. SPECTER, Mr. MERKLEY, of the project) carried out by the qualified deepwater offshore wind facilities that Mrs. FEINSTEIN, Mr. FRANKEN, organization using the loan during that year. could eventually be placed throughout and Mr. CARDIN): (2) REPORT TO CONGRESS.—Not later than our world’s oceans and our Great S. 3065. A bill to amend title 10, September 30, 2011, and annually thereafter Lakes. A Norwegian company is now United States Code, to enhance the through September 30, 2015, the Secretary readiness of the Armed Forces by re- shall submit a report describing the total moving forward with deployment of the loan amount requested by each eligible State first deep-water offshore floating tur- placing the current policy concerning during the preceding fiscal year and the bine, which will be located in more homosexuality in the Armed Forces, total amount of the loans provided under than 328 feet of water. The key point is referred to as ‘‘Don’t Ask, Don’t Tell’’, subsection (f)(1) to each eligible State during that if you can successfully develop a with a policy of nondiscrimination on that fiscal year, and an evaluation on effec- floating turbine at that depth it can be the basis of sexual orientation; to the tiveness of the Fund and the potential to ex- replicated throughout the world. Our Committee on Armed Services. pand the Fund to other regions, to— competitors are recognizing this oppor- Mr. BURRIS. Mr. President, we just (A) the Committees on Appropriations, En- ergy and Natural Resources, and Environ- tunity and are aggressively pursuing had a press conference this afternoon ment and Public Works of the Senate; and this technology. In fact, earlier this with reference to don’t ask, don’t tell, (B) the Committees on Appropriations and year the European Union Industrial the action we want to take in the Sen- Natural Resources of the House of Rep- Initiative announced a roughly 6 bil- ate for our military people. I would resentatives. lion euro plan to invest in next genera- like to make some brief remarks in (3) REPORT BY BORROWER.— tion wind technologies, including deep- that regard. (A) IN GENERAL.—Each qualified organiza- water wind, with a goal of supplying 20 I come to the floor today because I tion that receives a loan under subsection percent of its electricity through wind believe in a basic principle, not just a (f)(1) shall submit to the Secretary a report political cause. I come to the floor be- describing the use of the loan and the suc- power. cess achieved by the qualified organization— Deepwater wind is a resource that cause courage and valor are blind to (i) not less frequently than once each year provides a tremendous potential for race, religion, philosophy, and sexual until the date of expiration of the loan; or our country and provides a more con- orientation. I believe every single man (ii) if the loan expires before the date that sistent resource than onshore and near and woman who puts on a military uni- is 1 year after the date on which the loan is shore wind. Specifically, the U.S. has form is equally deserving of our thanks provided, at least once during the term of over 1500 gigawatts of deepwater off- and our respect, and that when we dis- the loan. shore wind generation within 50 nau- miss the sacrifices made by those with (B) INTERIM UPDATE.—In addition to the re- a different sexual orientation, we un- ports required under subparagraph (A), each tical miles of the coastline, and if our qualified organization that receives a loan country can develop these deepwater dermine the strength of our fighting under subsection (f)(1) shall submit to the technologies, we will have the equiva- forces. When we fail to recognize the Secretary, electronically or in writing, a re- lent of 1500 medium sized nuclear brave contributions gay and lesbian port describing the use of the loan and the power plants available within a close soldiers continue to make every single success achieved by the qualified organiza- proximity to the electricity demand of day, we diminish ourselves as much as tion, expressed in chronological order with the U.S. we diminish their service. That is why respect to the date on which each project Accordingly, I have modeled this leg- I am pleased to join the following col- was initiated— islation after the current tax credits leagues: Chairman LIEBERMAN, Chair- (i) not less frequently than once every 180 days until the date of expiration of the loan; available for nuclear power that exists man LEVIN, Senator GILLIBRAND, Sen- or in the tax code. Specifically, the En- ator UDALL of Colorado, and Senator (ii) if the loan expires before the date that ergy Policy Act of 2005 provided a pro- WYDEN in introducing legislation to re- is 180 days after the date on which the loan duction tax credit for the first 6,000 peal the military’s don’t ask, don’t tell

VerDate Nov 24 2008 04:19 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.070 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1023 policy, a policy which is discrimina- openly, honestly, and still fight for the earned the Bronze Star and Army Com- tory, outdated, and detrimental to our country we all love. So, regardless of mendation Medal, and all 81 soldiers national security. sexual orientation or race or any other who served under his leadership in Iraq Let me start by addressing every factor, today we stand to say we are returned home safely to the United service man and woman, to those who grateful to the brave patriots who States. Mr. Woods was discharged from have served in our Armed Forces in the chose to defend our Nation and we sa- the U.S. Army in 2008 because of past. Let’s give them a big shout out lute them. ‘‘Don’t Ask, Don’t Tell.’’ and a big thank-you. This Nation hon- This is about fairness. This is about MAJ Margaret Witt joined the U.S. ors the service and sacrifice of all our more than right versus left or Repub- Air Force in 1987 and served as a flight veterans and those who are still serv- lican versus Democrat. This is about nurse for 18 years. She received numer- ing today. Let me say the days of serv- fighting for those who fight for us ous awards, including the Meritorious ing in silence—those days are num- every day. Ending this policy is the Service Metal, Air Medal, and the Air bered. This legislation will recognize fair thing to do, it is the right thing to Force Commendation Medal. In 2003, that every soldier, sailor, airman, and do, and it is long overdue. President Bush noted in citation that marine is equal to every other warrior, Mrs. FEINSTEIN. Mr. President, I her ‘‘airmanship and courage directly so no one will be forced to lie about rise to state my strong support for the contributed to the successful accom- who they are if they wish to serve this Military Readiness Enhancement Act plishment of important missions under country. of 2010, which would repeal the ‘‘Don’t extremely hazardous conditions.’’ I know there are some who believe Ask, Don’t Tell’’ policy in our Armed Major Witt was discharged 6 years ago this is too big a change, that it is not Forces. after the Air Force received a tip that right and we need to wait. To them I I am one who believes that the she was gay. Major Witt has challenged would say it boils down to basic fair- ‘‘Don’t Ask, Don’t Tell’’ policy has her case in court because, as she says, ness. I remind them that the U.S. mili- done more harm than good. The policy ‘‘I joined the Air Force because I want- tary has made policy changes before has forced American citizens to choose ed to serve my country. I have loved and with resounding success. The re- between serving their country and being in the military—my fellow air- peal of don’t ask, don’t tell is not just being honest about who they are; and, men have been my family. I am proud another vote for me, it is a very per- even worse, it has led to the discharge of my career and want to continue sonal issue of basic fairness. When I of some 13,000 brave men and women doing my job. Wounded people never was about 6 or 7 years old, I have a because their sexual orientation was asked me about my sexual orientation. vivid memory of my family members discovered. They were just glad to see me there.’’ who went off to war, my uncles and un- The criteria for serving in our Armed The case is currently pending before cles-in-law and great uncles who chose Forces should be competence, courage, the Ninth U.S. Circuit Court of Appeals to go to war and defend our country, and a willingness to serve; not race, in San Francisco, CA. regardless of the color of their skin or gender, or sexual orientation. LT Daniel Choi, originally from Or- occupation or who they were as an in- The Military Readiness Enhancement ange County, CA, also graduated from dividual. That choice defined them as Act of 2010 would finally repeal ‘‘Don’t the U.S. Military Academy at West patriots. Ask, Don’t Tell’’ and create a policy of Point. He is an Arabic linguist and I have never forgotten their patriot- nondiscrimination in the military. served as an infantry officer in Iraq in ism or their commitment to this coun- That is the right thing to do, and I will 2006 and 2007, but he was recommended try. But I have also never forgotten support this legislation every step of for discharge from the U.S. Army after that the U.S. military was very dif- the way. announcing last year that he was gay. ferent in those days. My family mem- The Military Readiness Enhancement Lieutenant Choi has said that: ‘‘The bers volunteered to protect this Na- Act of 2010 would repeal the 1993 ‘‘Don’t lessons of courage, integrity, honesty tion, but simply because of who they Ask, Don’t Tell’’ policy; allow people and selfless service are some of the were, they had limited opportunities to who were removed under ‘‘Don’t Ask, most important. . . . I refuse to lie to serve. For all their skill, their talent, Don’t Tell’’ to re-enter the military; my commanders. I refuse to lie to my their intelligence, and their valor, they establish a policy of nondiscrimination peers. I refuse to lie to my subordi- were forced to choose among two or in the Armed Forces to prevent dis- nates. I demand honesty and courage three roles. They were forced to either crimination on the basis of sexual ori- from my soldiers. They should demand be a cook or forced to dig ditches or entation; and require a Pentagon work- the same from me.’’ The New York Na- forced to drive trucks. The only thing ing group established by the Depart- tional Guard has recently indicated that separated my uncles from their ment of Defense to issue recommenda- that they will allow Lieutenant Choi to brothers in arms was the color of their tions on how to implement repeal begin participating in drills with the skin. But in those days, some people throughout the military. unit again. LTC Paul Fanning, a argued that racial integration would The bill would also require the Sec- spokesperson for the New York Guard, undermine the cohesion of our fighting retary of Defense to report to Congress has stated: ‘‘We do not have an issue forces. Yet the U.S. military came to 180 days after enactment on what ac- with it. It’s a deeply personal thing. To recognize this was not the case and tions are being taken to ensure that us a soldier is a soldier is a soldier.’’ successive generations proved that ev- any school that does not allow a ROTC Veteran U.S. Marine Bob Lehman, of eryone who volunteered to serve was unit on its campus does not receive San Diego, CA, served in the gulf war capable of the same patriotism, brav- Federal funds. in the 1990s and was never dismissed for ery, and heroism. It is important for people to realize being gay. He has explained that, ‘‘No- That memory is especially crisp as I that ‘‘Don’t Ask, Don’t Tell’’ is not an body in my unit knew artillery better stand in this Chamber to bring an end abstract policy. This policy has had than I did, including the officers. Dur- to this discriminatory policy that real and harmful effects on our mili- ing combat, the gay thing didn’t even forces our best and brightest to be will- tary readiness by denying able and exist. My biggest fear was bringing my ing to die for our Nation, while denying willing men and women the oppor- guys home alive.’’ However, Mr. Leh- they are who they truly are. This, too, tunity to serve, and by requiring the man has said he believes that the is an issue of basic fairness. discharge of brave individuals who ‘‘Don’t Ask, Don’t Tell’’ policy forces More than 60 years ago, President have served courageously and even U.S. soldiers into a moral dilemma. Truman recognized the wisdom of inte- risked their lives for their country. ‘‘Marines don’t lie, cheat or steal. It grating the Armed Forces. He under- Let me give you just a few of the was hard to lie . . . There was a lot of stood that in so doing, the Armed thousands of examples: denial and depression because of the in- Forces grew stronger and the Nation Anthony Woods, of Fairfield, CA, ability to be out openly, (the fear) that safer. Today we recognize it is time to graduated from the U.S. Military Acad- I might get fired.’’ end don’t ask, don’t tell. This repeal of emy at West Point and went on to Courageous men and women like don’t ask, don’t tell will allow our serve two tours of duty in Iraq, includ- these should be applauded for their servicemembers to live their lives ing in Operation Iraqi Freedom. He service, not discharged for their sexual

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.074 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1024 CONGRESSIONAL RECORD — SENATE March 3, 2010 orientation. The Military Readiness study in great detail how repeal can be thereafter, the Subcommittee on Enhancement Act of 2010 would ensure implemented in a manner that will en- Science and Space of the Committee on that is the case and would require the hance the readiness and effectiveness Commerce, Science, and Transpor- military to readmit anyone who was of our troops. This group, led by Army tation held a hearing on the report discharged solely because of their sex- General Carter Ham and Pentagon with Mr. Augustine appearing as our ual orientation and is otherwise willing General Counsel Jeh Johnson, is tasked witness. The Augustine Panel released and able to serve. with engaging troops and their families its full report at the end of September, The ‘‘Don’t Ask, Don’t Tell’’ policy at all levels of the Armed Forces to de- and we have all been awaiting the re- has long been a contentious one, and I termine what changes will be necessary sponse of the Obama administration to do not state my support for repeal in regulations, in education and train- the report. lightly. ing practices, and in military policy to When the fiscal year 2010 Budget was It is absolutely essential that we un- implement a policy of nondiscrimina- submitted in 2009, the budget request dertake this project with great care, so tion on the basis of sexual orientation for Exploration Systems included a no- that repeal of the policy will enhance in our Armed Forces. The study will be tation that the amount requested was military readiness and the effect will careful, and the review will be com- a ‘‘placeholder’’ number, and that, once be positive for all of our servicemem- prehensive. the Human Space Flight Plans Review bers in the field. The time has come to repeal ‘‘Don’t Committee completed its work, the Ad- I am confident that we are up to the Ask, Don’t Tell.’’ I urge my colleagues ministration would submit an amended task of doing so. to join me in supporting the Military budget request to support the pro- In the last few months alone, high Readiness Enhancement Act of 2010. I grammatic decisions made as a result of that report. That never happened. ranking officials from various compo- am confident that our military will be Instead, the response to the Augustine nents of the military have come for- stronger and better when this bill be- Panel Report was left to the fiscal year ward to say that repeal is not only fea- comes law. sible, it is the right thing to do. For ex- 2011 Budget request, which we received on February 1st. Because of the admin- ample: By Mr. KYL (for Mrs. HUTCHISON): ADM Mike Mullen, Chairman of the S. 3068. A bill to reauthorize the Na- istration’s failure to offer a budgetary Joint Chiefs of Staff, testified before tional Aeronautics and Space Adminis- blueprint until the fiscal year 2011 the Senate Armed Services Committee tration Human Space Flight Activities, budget, we will now experience yet an- other year’s delay in undertaking the that, ‘‘Speaking for myself and myself and for other purposes; to the Com- steps necessary to advance beyond the only, it is my personal belief that al- mittee on Commerce, Science, and uncertainty about the future of human lowing gays and lesbians to serve open- Transportation. space flight programs that prompted ly would be the right thing to do. No Mrs. HUTCHISON. Mr. President, I am introducing legislation today that the review. matter how I look at the issue, I can- The Augustine Panel provided five is intended to chart what I believe to not escape being troubled by the fact basic options for consideration, with an be the proper course for the future of that we have in place a policy which additional two options that were modi- the nation’s human space flight pro- forces young men and women to lie fications of these five basic options. grams. This bill would provide an alter- about who they are in order to defend The Augustine Panel thus provided a their fellow citizens.’’ native to the Administration’s pro- total of seven approaches that could be Secretary of Defense Robert Gates posed course of ending the government taken to ensure America’s continued testified at the same hearing that, ‘‘I role in Human Space Flight and avoid leadership in space—to establish a fully support the president’s decision. the complete reliance on other nations space program ‘‘worthy of a great na- The question before us is not whether or an as-yet-unproven commercial ca- tion,’’ as suggested by the title of their the military prepares to make this pability to launch American astro- final report. None of those options change, but how we best prepare for nauts and scientists into space. It leapt out as the obvious, consensus an- it.’’ would also reaffirm the goals of mov- swer to the mix of vehicle development Secretary of the Navy Ray Mabus has ing beyond low-earth orbit and restore options and strategies necessary to said, ‘‘I support the repeal of ‘‘Don’t the kind of exciting vision that will meet the challenges of the next genera- Ask, Don’t Tell.’’ I do think the Presi- help inspire young people to excel in tion of human space flight. There was, dent has come up with a very practical Science, Technology, Engineering and however, a clear consensus on two im- and workable way to do that to work Mathematics. The bill echoes the deci- portant points. through the working group that the sion of the Obama administration to First, the Panel found that, without Secretary of Defense has set up, to support the International Space Sta- a significant increase in the total make sure that we implement any tion, ISS, through at least the year amount of funding made available to change in the law that Congress makes 2020, as we endorsed in our NASA Au- NASA, none of the options presented in a very professional and very smooth thorization Act, passed in 2008. But the could be expected to succeed—includ- manner, and without any negative im- administration’s proposal does nothing ing the current plans and programs for pacts on the force.’’ to ensure that we can fully maintain developing the Ares 1 and Ares V Retired General Colin Powell issued and utilize the space station, especially launch vehicles and the Orion Crew Ex- an official statement expressing that during the next 5 years. This bill would ploration Vehicle. The Panel’s conclu- ‘‘In the almost 17 years since the correct that, and ensure that full use of sion underscored what we in the au- ‘‘Don’t Ask, Don’t Tell’’ legislation the space station is not an empty thorizing committees have been saying was passed, attitudes and cir- promise. for the past five years, and which cumstances have changed. I fully sup- Since the release of the fiscal year formed the basis for the funding levels port the new approach presented to the 2010 Budget last year, the future of that we authorized in both our 2005 and Senate Armed Services Committee this human space flight programs has been 2008 NASA Authorization Acts, which week by Secretary of Defense Gates in question. As part of that Budget Re- would have led to a more timely and and Admiral Mullen.’’ quest, the administration announced it successful level of development for the These military leaders believe repeal would establish an independent review vehicles to replace the space shuttle is not only feasible, it is right. Accord- panel, chaired by my good friend Mr. systems. The Bush administration, ing to the University of California, Norman Augustine, to review U.S. however, simply never requested that military leaders in many other coun- Human Space Flight Plans and provide level of funding. In fact, the prior Ad- tries agree. Twenty-five countries cur- options for how those programs should ministration even reduced the level of rently have policies allowing gay serv- proceed in the future. funding for those programs that had icemembers to serve openly in their The Augustine Panel completed its been projected in the run-out estimates militaries, including 15 NATO coun- review in late August of last year, and included in the fiscal year 2005 Budget tries, Australia and Israel. provided its Summary Report to Request, which initiated the ‘‘Vision This year, Secretary Gates has ap- NASA, the White House, and the Con- for Exploration’’ announced by Presi- pointed a Pentagon working group to gress on September 8, 2009. Shortly dent Bush on January 14, 2004.

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.039 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1025 Second, the Panel recommended that items might need to be ordered, manu- during which there is no capability a decision be made to formally extend factured and delivered in the future, or within the United States to launch hu- U.S. plans to operate and utilize the what launch vehicle capacity will be mans into space, whether to the space ISS through at least the year 2020. This needed to deliver them to the station. station or any other destination. The was also consistent with guidance the This is not the way a great nation easiest, most logical and obvious an- authorizing committees provided in should conduct its civil space program. swer in the short term is to continue to the 2008 NASA Authorization Act, This is not the way to ensure that a de- use the one launch vehicle that already where we directed NASA to take no cision and pronouncement to continue exists, has a proven history of 98.7 per- steps to preclude operations of ISS operations through 2020 will not be- cent probability of success for each through at least 2020, and directed the come an empty gesture due to the dete- mission, and upon which the space sta- Agency to provide a plan which would rioration, damage, or failure of equip- tion was designed, assuming the shut- outline how they would prepare to sup- ment and systems vital to providing tle’s availability throughout the sta- port and utilize the space station for the oxygen, water, power to make the tion’s on-orbit lifetime to provide sup- that extended period of time. Up to ISS habitable and to support scientific port and maintenance. that point, NASA’s internal planning— research in the period following 2015. Prematurely and voluntarily ending and budget guidance from the Office of This is just one example of the type the space shuttle program without a Management and Budget—was to cease of considerations that preparations near-term U.S.-built alternative on the operations aboard the space station in that the Obama administration appears horizon simply seems irresponsible, 2015, just five years after its assembly to have ignored while preparing its re- and that is an issue that I believe the and outfitting would finally be com- sponse to the Augustine panel Report. Congress must address. While the pleted by the remaining space shuttle It is an issue I propose to address, Space Shuttle will never be completely flights. among many, in the legislation being safe, just as with any vehicle that must Some of the good news in the fiscal introduced today. carry humans into the harsh environ- year 2011 Budget Request is that the Since last May, when the President ment of space, it is currently flying as Obama administration agrees with the announced the appointment of a Com- safely, if not more safely, than it ever need to continue supporting the space mittee to review U.S. Human Space has. station to at least 2020, and to expand Flight Plans, we have all been waiting The legislation I am introducing and increase its utilization for re- for clear policy direction based on the today would ensure that a final deci- search. That is welcome news. The report of that Committee, which was sion on the timing of the space shuttle problem is that the request does not released in late September. Through- retirement, or even the number of mis- provide the means to ensure that the out that time, at my direction, my sions it might still be required to fly, extension and full utilization of the committee staff carefully followed the would not be made until the issues in- space station can be realized. public meetings and briefings of the volved are fully considered and re- It is worth noting that after the Augustine panel, and considered the solved and we are fully convinced that budget reductions were made for Explo- implications of the various options dis- the shuttle’s capability is no longer ration in the 2006 Budget Request, the cussed and eventually included in the needed. In particular, we must answer number of flights planned to complete panel’s final report. the question of how we support, main- space station assembly were reduced— In the course of that ongoing review, tain, and fully utilize the ISS, not just at the direction of OMB for purely as well as our Committee hearing last in 5 or more years, when any new com- budgetary reasons—from 28 remaining September, I began forming my own mercially-developed vehicle might be flights to 17 flights, plus an optional conclusions about the correct path for available, but right now, as we are added flight to conduct a final mission the future of U.S. human space flight about to cut the ribbon on it as a fi- to service the Hubble Space Telescope. programs, as is my responsibility as nally completed research facility. The effect of those reductions was to the Ranking Republican on the policy I have already mentioned the lack of force NASA to change the planned pay- and oversight committee for NASA. complete information regarding the loads for those remaining 17 flights to The key factors driving my position re- ability to adequately ensure the avail- try to accommodate the most impor- garding that path forward have been: ability and deliverability of spare and tant spare parts and replacement parts the need to maintain U.S. leadership in replacements parts needed between from the 10 ‘‘cancelled’’ flights, for en- space exploration, which I believe is es- now and 2020 to keep the space station suring the safe and effective operation sential to our economic and national fully and safely functional. All this is and utilization of the station. Ten security; the need to ensure we do not to underscore that the issue of whether flights’ worth of flight-ready pay- lose the skills, expertise and industrial to continue flying the shuttle, and the loads—averaging between 40,000 to capacity that are necessary to conduct number of additional shuttle flights 50,000 pounds per flight—were essen- space exploration; the need to ensure, that are needed, is not simply a matter tially relegated to storage warehouses as our Committee has in the previous of shortening the gap between shuttle where most of them remain today, two NASA Authorization bills we have retirement and the availability of its ready to fly, ready to use, but with no developed and seen enacted into law, replacement, or protecting a vitally guaranteed ‘‘ticket to ride’’ to be of that NASA has both a balanced range important workforce. This issue also any use to the station. Over 1,400 parts of activities across its full mission re- requires policy makers to understand and pieces of equipment, Mr. President! sponsibilities, and was authorized the what the space shuttle can do—and What is most important to remember, funds needed to carry out that range of possibly do exclusively in the case of is that the decisions about which in- activities; and the need to protect—and large, heavy replacement systems and struments and equipment to swap into capitalize on—our massive investment structures—to ensure that the promise the remaining flights were based on the in the ISS, which, along with our inter- to extend the ISS to 2020 can actually internal assumption of the need to sup- national partners, is close to $100 bil- be fulfilled. We must be certain the ISS port the ISS through 2015—not through lion. Now that it is almost completed can be kept alive and fully functioning 2020. and has a six-person permanent crew, over the next 10 years. Again, the ad- The result of this is that we do not we can begin to conduct the research ministration’s Budget Request offers know how many, or which, of those that we have anticipated all these no answers to how we will be able to ‘‘grounded payload’’ items might actu- years during its construction. Research deliver all the equipment necessary to ally be needed in order to ensure the that has the potential to fundamen- extend the life of the ISS if the shuttle station can be supported and main- tally change and enhance our under- is not available. tained until 2020. Not only that, we do standing of physical processes, vaccine I am also very concerned about the not know which, or how many, of them development, and a whole host of other proposal to simply cancel the Con- are simply too large or too heavy to be research. stellation programs of Ares 1, the low- carried to orbit by any existing vehicle In order to meet those needs, we earth orbit crew launch vehicle, the other than the space shuttle. And fi- must first take steps to ensure we do Ares V Heavy Lift vehicle for enabling nally, we do not know what additional not have an extended period of time flights beyond low-Earth orbit, and the

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.074 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1026 CONGRESSIONAL RECORD — SENATE March 3, 2010 Orion Crew Exploration capsule to tions among those companies for some Mr. President, I ask unanimous con- carry the crews for both of those mis- time. I believe we need to ensure sent that the text of the bill be printed sions. It is very clear that many of my through legislation that such an alter- in the RECORD. colleagues are also deeply concerned native will be fully evaluated and con- There being no objection, the text of about this part of the President’s budg- sidered as one possible approach to the the bill was ordered to be printed in et. I simply believe any decision to ter- new ‘‘commercial’’ space systems de- the RECORD, as follows: minate those projects needs much more velopment. We have not been given de- S. 3068 consideration than I believe it has got- tails of this possible approach, because Be it enacted by the Senate and House of Rep- ten during the preparation of the those discussions are apparently still resentatives of the United States of America in Obama administration’s proposal for ongoing. But I believe we need to make Congress assembled, NASA. sure there is a legislative underpinning SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The approach of the administration— that would at least allow the full con- (a) SHORT TITLE.—This Act may be cited as their so-called ‘‘bold new initiative’’— sideration of that approach. the ‘‘Human Space Flight Capability Assur- is to turn to an entirely new approach I would not view such an approach as ance and Enhancement Act of 2010’’. based exclusively on the development precluding the continued pursuit of the (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: of commercially-developed crew launch current COTS, Commercial Orbital systems. There appears to have been Transportation Systems, activities Sec. 1. Short title; table of contents. being pursued with SpaceX and Orbital Sec. 2. Findings. little thought given to how we might Sec. 3. Statement of human space flight pol- leverage the $9 billion already spent on Sciences Corporation for cargo delivery icy. the Constellation vehicles in the iden- services for the Space Station. I have Sec. 4. Space Shuttle operations. tification of potential providers for consistently supported that develop- Sec. 5. International Space Station oper- those commercial systems. I believe ment and believe we should continue to ations. that is wasteful and irresponsible and do so. My concern, one I know that of Sec. 6. International Space Station utiliza- all but guarantees that commercial de- a number of my colleagues share, is to tion. ensure we have redundant and alter- Sec. 7. Transportation systems develop- velopments will start from scratch— ment. and therefore take much longer to de- native means of providing U.S. human Sec. 8. Definitions. velop and be much more costly, in the spaceflight capability. If one of those Sec. 9. Authorization of appropriations. long run, to the American taxpayers. can be more fully commercial in na- Sec. 10. Application with other laws. Another concern with this new ap- ture, and something that can stand on SEC. 2. FINDINGS. proach is that we do not yet have any its own without the taxpayers being re- The Congress finds the following: details about how the $6 billion pro- sponsible for their success, so much the (1) The United States Human Space Flight posed in the Budget Request for com- better. program has, since the first Mercury flight mercial space flight over the next 5 I will be working with my colleagues on May 5, 1961, has been a source of pride and in the Senate, and reaching out to our inspiration for the Nation. years will be allocated and what it will (2) The extraordinary challenges of achiev- be expected to support. We don’t know counterparts in the House of Rep- resentatives, to ensure all of these ing access to space both motivated and ac- whether this will be a collaborative celerated the development of technologies program, creating incentives for issues are put on the table for discus- and industrial capabilities that have had matching funding from the private sec- sion, using the vehicle of this legisla- widespread applications which have contrib- tor, or whether it will represent more tion to provide an alternative view to uted to the technological excellence of the of a government subsidy to develop that proposed by the Obama Adminis- United States. systems for which there may not be a tration. (3) It is essential to the economic well- This legislation actually tracks being of the Nation that the aerospace indus- sustainable market for those services closely with the President’s request, in trial capacity, highly skilled workforce, and beyond what NASA would purchase. I terms of the amounts authorized for embedded expertise remain engaged in de- am philosophically and fundamentally NASA. It authorizes programs largely manding, challenging, and exciting efforts opposed to such government subsidies, that ensure United States leadership in at funding levels already enacted for particularly when it is not clear that space exploration and related activities. fiscal year 2010, with some very minor taxpayer funding for an approach like (4) The completion of the International exceptions, and at the same base ac- this won’t have to be followed by even Space Station, the ability to sustain a crew count levels requested by the adminis- more taxpayer dollars to keep the sys- of at least 6 members, and the ability to con- tration for fiscal year 2011 and fiscal duct unique microgravity research that can tems available to meet the needs of the year 2012. only be accomplished in the space environ- space station, or other government What my legislation adds is the au- ment, provides an opportunity for scientific space projects. thorization levels necessary to imple- and technological advancement that must be The legislation I am proposing will ment the potential continuation of immediately and fully exploited. address that issue by directing NASA space shuttle flights, at a greatly re- (5) The designation of the U.S. Segment of the International Space Station as a Na- to consider ‘‘commercial’’ options that duced annual level of flights and asso- include the possibility of agreements tional Laboratory, as provided in section 507 ciated costs, as well as modest in- of the National Aeronautics and Space Ad- not only with the ‘‘entrepreneurial’’ creases in the short-term for the estab- start-up companies like SpaceX, which ministration Authorization Act of 2005 (42 lishment and support of an enterprise U.S.C. 16767) and as further provided in sub- represent an exciting but still to be developed to manage and operate title A of title VI of the National Aero- unproven set of vehicles designed to the U.S. National Laboratory. nautics and Space Administration Author- service a still non-existent commercial The greatest difference, as I have in- ization Act of 2008 (42 U.S.C. 17751 through market, but also with other, longer- dicated, is that this legislation points 17753), provides an opportunity for multiple standing and experienced commercial the way to what I believe is a more United States government agencies, Univer- companies. The key aerospace compa- measured and reasoned approach that sity-based researchers, commercial research organizations, and others to utilize the nies with whom NASA currently has ensures the best use of investments we development contracts might well be unique environment of microgravity for fun- have already made, provides the Con- damental scientific research and potential able to jointly develop a new launch gress and the administration with nec- commercial developments. system as a modification of their exist- essary information to inform our judg- (6) In order to assure the full and complete ing contracts under the Constellation ments on alternative launch vehicle utilization of the International Space Sta- program. They could combine their ex- developments, and provides a means of tion, including the ability to sustain the sys- pertise and capability to transition avoiding severe economic dislocations tems and physical infrastructure of the vehi- their efforts toward developing a new in the aerospace industry and the high- cle, effective and timely transportation sys- launch capability based on existing ly skilled and dedicated workforce that tems are required, which must be able to de- shuttle main engines, external tank liver the full range of logistics, support, and has provided the capability for this na- maintenance items which may be necessary manufacturing capability, solid rocket tion to be the world leader in space ex- through the year 2020. motors, and the Orion crew vehicle. ploration. (7) For some potential replacement ele- Something like that has been, I am I strongly encourage my colleagues ments necessary for Space Station sustain- told, a subject of informal conversa- to support this legislation. ability, the Space Shuttle represents the

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.075 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1027 only vehicle, existing or planned, capable of dures, to review space shuttle certification support, and such materials as may be nec- carrying those elements to the International activities undertaken or initiated after Feb- essary to justify the determination. Space Station in the near term. ruary, 2003. The Committee shall provide an (i) NOTICE TO CONGRESS.—The President (8) In order to ensure effective utilization assessment regarding the adequacy of those shall provide any determination under this of Space Station research facilities, the ca- validation procedures in assuring vehicle du- section to the committees of jurisdiction, pability for returning processed experiment rability, flight-worthiness, and sustain- which shall review such determination and samples and research-related equipment to ability for continued operations through a consider whether to recommend legislative Earth is essential. period of up to 5 years beyond the space action to establish further conditions for ter- (9) The maintenance of human exploration shuttle flight manifest planned as of Feb- mination of space shuttle operations. goals, such as a return to the Moon, a voyage ruary, 2010. The Committee shall take into (j) TERMINATION.—The Administrator may to Mars, or other celestial bodies or loca- account current and historical trends in not take steps to terminate the Space Shut- tions is essential for providing the necessary anomaly detection and resolution within tle Program before the later of— long-term focus and programmatic major components of the space shuttle sys- (1) the date that is 60 legislative days after robustness of the United States civilian tems. receipt of the determination by the Con- space program. (c) COMPLETION OF CERTIFICATION REVIEW gress; or (10) The United States must develop, as AND REPORTING REQUIREMENT.—The Com- (2) the date on which the Congress has rapidly as possible, replacement vehicles ca- mittee appointed under subsection (b) shall taken final action with respect to any bill pable of providing both human and cargo complete its task within 90 days of its ap- reported by a committee of jurisdiction pur- launch capability to low-Earth orbit and, by pointment and shall provide its findings and suant to subsection (i). expansion or modification of core design fea- determinations concurrently to the Adminis- (k) DECOMMISSIONING OF ORBITER VEHI- tures, capable of delivering large payloads trator and to the committees of jurisdiction CLES.— into low-earth orbit or to destinations be- no later than 120 days after the date of en- (1) IN GENERAL.—Upon the termination of yond low-Earth orbit. actment of this Act. the Space Shuttle program as provided in (11) While commercial transportation sys- (d) SPACE SHUTTLE CAPABILITY RETEN- this section, the Administrator shall assume tems may contribute valuable services, it is TION.—Notwithstanding any other provision responsibility for decommissioning the re- in the United States’ national interest to of law, to the extent practicable NASA shall maining orbiter vehicles according to estab- maintain a government-operated space operate the Space Shuttle program at a lished safety and historic preservation proce- transportation system for crew and cargo de- flight rate of no more than 2 missions in any dures prior to their designation as surplus livery to low-Earth orbit and beyond. consecutive 12-month period beginning dur- government property. The remaining orbiter ing the fiscal years for which appropriations vehicles shall be made available and located SEC. 3. STATEMENT OF HUMAN SPACE FLIGHT for display and maintenance by a competi- POLICY. are authorized under section 9 of this Act. (e) EXISTING HARDWARE COMPONENTS.—The tive procedure established pursuant to the (a) USE OF NON-U.S. HUMAN SPACE FLIGHT Administrator shall ensure that hardware disposition plan developed under section TRANSPORTATION CAPACITY.—It is the policy components in existence as of March, 2010, 613(a) of the National Aeronautics and Space of the United States that reliance upon and remain available for use in connection with Administration Authorization Act of 2008 (42 use of non-United States human space flight any additional flights required under sub- U.S.C. 17761(a)), with priority consideration capability shall only be undertaken as a section (g)(2) beyond those on the current given to eligible applicants meeting all con- temporary contingency in circumstances flight manifest schedule. ditions of that plan which would provide for where no United States-owned and operated (f) PROHIBITION OF SCHEDULED TERMI- the location, display, and maintenance of human space flight capability is available, NATION.—The Administrator may not termi- one orbiter at or near the Johnson Space operational, and certified for flight by appro- nate the Space Shuttle Program as of a Center, in Houston, Texas, and one orbiter at priate Federal agencies. scheduled date certain. or near the Kennedy Space Center near (b) U.S. HUMAN SPACE FLIGHT CAPACITY.— (g) TERMINATION CONDITIONS.—Termination Titusville, Florida. The Congress reaffirms the policy stated in of space shuttle missions operations shall be (2) DISPLAY AND MAINTENANCE.—The orbiter section 501(a) of the National Aeronautics contingent upon— vehicles made available under paragraph (1) and Space Administration Authorization Act (1) completion of the space shuttle flights shall be displayed and maintained through of 2005 (42 U.S.C. 16761(a)), that the United planned as of February 28, 2010; agreements and procedures established pur- States shall maintain an uninterrupted capa- (2) delivery of remaining manufactured or- suant to section 613(a) of the National Aero- bility for human space flight and operations bital replacement units, research instrumen- nautics and Space Administration Author- in low-earth orbit, and beyond, as an essen- tation, and other maintenance materials and ization Act of 2008 (42 U.S.C. 17761(a)). NASA tial instrument of national security and the equipment originally scheduled for delivery shall be responsible for the costs of safely de- ability to ensure continued United States to the International Space Station in the commissioning, transporting, and re-assem- participation and leadership in the explo- flight manifest schedule prepared no later bling the orbiter vehicle for display. ration and utilization of space. than November, 2005, and which are identi- (3) AUTHORIZATION OF APPROPRIATIONS.— SEC. 4. SPACE SHUTTLE OPERATIONS. fied in the review required by section 5(b)(2) There are authorized to be appropriated to (a) RETENTION OF SPACE SHUTTLE OPER- and deemed essential for maintenance and NASA such sums as may be necessary to ATIONS CAPABILITY.— support of the International Space Station carry out this subsection. (1) IN GENERAL.—The Administrator shall through the end of fiscal year 2020, and which (l) PRESERVATION OF VEHICLE AND SYSTEMS take all necessary steps to ensure that all require the payload capability of the space DESIGN AND ENGINEERING DATA.—The Admin- Space Shuttle Program activities and oper- shuttle Orbiter for delivery to the Inter- istrator shall immediately take all nec- ations are able to continue, or to be re- national Space Station; and essary steps to ensure the collection and sumed, including flight operations and sup- (3) a determination by the President that preservation of space shuttle structures, sys- port, pending the completion of the reviews, termination of space shuttle missions in sup- tems, and infrastructure design, manufac- requirements, and reports of this section. port of International Space Station oper- turing, testing, and maintenance data for (2) CURRENT SHUTLE MANIFEST FLIGHT AS- ations— historical archival purposes and for possible SURANCE.—The Administrator shall take all (A) is consistent with paragraph (2) of this use as technical resource material and pro- steps necessary to ensure shuttle launch ca- subsection, and any other provision of this grammatic lessons learned and technical pability through fiscal year 2011 to enable Act regarding the provision of human space interchange applicability for future space ve- launch, at a minimum, of all payloads mani- flight capabilities; and hicle design and operations. fested as of February 28, 2010. In fulfillment (B) will not cause a degradation of the SEC. 5. INTERNATIONAL SPACE STATION OPER- of this requirement, the Administrator is equipment, logistics, cargo up-mass and ATIONS. prohibited from terminating any contractor down-mass delivery capability necessary to (a) POLICY STATEMENT.—It shall be the pol- support which will endanger or inhibit the provide full utilization of international icy of the United States, in consultation launching of shuttle payloads manifested as space station science and research capabili- with its International Partners in the Inter- of February 28, 2010, should launches be re- ties for both United States National Labora- national Space Station program, to support quired after the first quarter of fiscal year tory and International Partner scientific re- full and complete utilization of the Space 2011. search and experimentation which the Station through at least the year 2020. (b) CERTIFICATION OF SPACE SHUTTLE SYS- United States is obligated by international (b) MAINTENANCE OF U.S. SEGMENT.— TEMS; VALIDATION OF FLIGHT READINESS DE- agreement to provide. (1) IN GENERAL.—The Administrator shall TERMINATION PROCEDURES.—No later than 30 (h) ADDITIONAL DETERMINATION REQUIRE- take all steps necessary to ensure the safe days after the date of enactment of this Act MENTS.—The President shall include in such and effective operations, maintenance, and the Administrator shall ask the National a determination a detailed description of al- maximum utilization of the United States Academies of Science to appoint a Flight ternate means for the provision of necessary Segment of the International Space Station Certification Review Committee, consisting support for the conduct of full utilization of through fiscal year 2020. of 5 individuals with appropriate engineering the International Space Station for research (2) VEHICLE AND COMPONENT REVIEW.—In expertise and experience in certification of and development in science, engineering, and carrying out paragraph (1), the Adminis- space flight vehicle hardware, systems, and technological development, the scheduled trator shall, immediately upon enactment of equipment testing and validation proce- availability of such alternative means of this Act, conduct an in-depth assessment of

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1028 CONGRESSIONAL RECORD — SENATE March 3, 2010 all essential modules, operational systems projects utilizing the International Space Laboratory managed experiments shall be and components, structural elements, and Station U.S. Segment, and to be engaged ex- guaranteed access to, and utilization of, 50 permanent scientific equipment on board or clusively in this enterprise without other or- percent of the United States research facili- planned for delivery and installation aboard ganizational objectives or responsibilities on ties allocation and requisite crew time the International Space Station, including behalf of the organization or any parent en- through fiscal year 2014. Beginning with fis- both United States and international partner tity. The head of the office established by cal year 2015, the percentage allocation shall elements, to determine anticipated spare or subsection (a) is responsible for liaison and increase by an additional 10 percent per year replacement requirements to ensure com- management of the agreement. The Adminis- through fiscal year 2020. plete, effective, and safe function and full trator shall delegate, at a minimum, the fol- (2) ADDITIONAL RESEARCH CAPABILITY.—If scientific utilization of the ISS. The Admin- lowing responsibilities to the organization, the head of the ISS Program Office deter- istrator shall enable the Comptroller Gen- which shall carry out its responsibilities in mines that there are NASA research plans eral to monitor and, as appropriate, partici- cooperation and consultation with the head that would require research capability be- pate in the review required by this paragraph of the office established by subsection (a): yond the percentage allocation under para- in such a way as to enable the Comptroller (1) Planning and coordinating the ISS Na- graph (1), those research plans shall be pre- General to provide an independent assess- tional Laboratory research activities. pared in the form of requested research op- ment of the review to the committees of ju- (2) Development and implementation of portunities submitted to the established risdiction. guidelines, selection criteria, and flight sup- process for consideration of proposed re- (3) REPORTING REQUIREMENTS.—No later port requirements for non-NASA scientific search within the allocations and capabili- than 90 days after the date of enactment of utilization of International Space Station ties of the International Space Station Na- this Act the Administrator shall provide the research capabilities and facilities available tional Laboratory, as provided in paragraph completed assessment to the committees of in United States-owned modules or in part- (1). These research proposals may include the jurisdiction. The results of the required as- ner-owned facilities allocated to United establishment of partnerships with non- sessment shall include, at minimum, the fol- States utilization by international agree- NASA institutions eligible to propose re- lowing: ment. search to be conducted within National lab- (3) Interaction with and support of the (A) The identification of spare or replace- oratory allocated research facilities. Until International Space Station National Lab- ment elements and parts currently produced, fiscal year 2020, the head of the Office may oratory Advisory Committee, established in inventory, or on order, and the state of grant exceptions to this requirement if the under section 602 of the National Aero- readiness and schedule for delivery to the proposed experiment is deemed essential for nautics and Space Administration Author- ISS, including the planned transportation purposes of preparing for exploration beyond ization Act of 2008 (42 U.S.C. 17752), and the means for such delivery. Each element iden- low Earth Orbit, as determined by joint review and implementation of recommenda- tified shall include a description of its loca- agreement between the organization de- tions provided by that Committee under the tion, function, criticality for system integ- scribed in subsection (a) and the head of the terms of the enabling legislation and subse- rity, and specifications regarding size, office established under subsection (b). quent organizational documents, negotia- weight, and necessary configuration for tion, approval, and implementation of (3) RESEARCH PRIORITIES AND ENHANCED FA- launch and delivery. memoranda of understanding, Space Act CILITIES.—The organization described in sub- (B) The identification of anticipated re- agreements, or other authorized cooperative section (b) and the head of the office estab- quirements for spare or replacement ele- mechanisms, with non-NASA United States lished under subsection (a) shall take into ments not currently in inventory or on government entities, academic institutions account recommendations of the National order, a description of their location, func- or consortia, and commercial entities, lead- Academies of Science Decadal Survey on tion, criticality for system integrity, the an- ing to utilization of the United States Inter- Life and Microgravity Sciences in estab- ticipated cost and schedule for design, pro- national Space Station National Laboratory lishing research priorities and in developing curement, manufacture and delivery, and facilities. proposed enhancements of research facilities specifications regarding size, weight, and (4) Coordination of transportation require- and opportunities. necessary configuration for launch and deliv- ments in support of the United States Inter- (4) RESEARCH PAYLOAD RESPONSIBILITY.— ery, including available launch vehicles ca- national Space Station National Laboratory NASA shall retain its roles and responsibil- pable of transportation of such items to the facilities, including provisions for delivery of ities in providing research payload transpor- International Space Station. instrumentation, logistics support, and re- tation integration and operations processes (c) RESEARCH FACILITIES AND CAPABILI- lated experiment materials, and provisions essential to ensure safe and effective flight TIES.—Utilization of research facilities and for return to Earth of collected samples, ma- readiness and vehicle integration of research capabilities aboard the International Space terials, and scientific instruments in need of facilities and activities approved and Station other than exploration-related re- replacement or upgrade. prioritized by the organization described in search and technology development activi- (5) Cooperation with NASA, other Federal subsection (b) and the head of the office es- ties, and associated ground support and lo- tablished under subsection (a). gistics, shall be planned, managed, and sup- Agencies, States, or commercial entities in ensuring the enhancement and sustained op- SEC. 7. TRANSPORTATION SYSTEMS DEVELOP- ported by the organizations described in sec- MENT. tion 6. erations of non-exploration-related space- station research payload ground support fa- (a) IN GENERAL.—The Administrator shall SEC. 6. INTERNATIONAL SPACE STATION MAN- take steps to ensure that the development of AGEMENT AND UTILIZATION. cilities, including the Space Life Sciences space transportation vehicles, systems, and (a) ESTABLISHMENT OF OFFICE OF RESPONSI- Laboratory, Space Station Processing Facil- infrastructure shall occur in such a way as BILITY FOR UNITED STATES SPACE STATION ity and Payload Operations Control Center to ensure the availability of complementary NATIONAL LABORATORY.—The Administrator and any other ground facilities critical to shall establish responsibility for the Inter- the utilization of the International Space and, where necessary, redundant transpor- national Space Station United States Na- Station. tation systems capable of delivering crew tional Laboratory within the Space Oper- (6) Development and implementation of and cargo to low-Earth orbit, in particular ations Mission Directorate, ISS Program Of- scientific outreach and education activities to the International Space Station, and to fice at NASA Headquarters, or any successor designed to ensure effective utilization of destinations beyond low-Earth orbit. Sys- entity within NASA. The head of the Office International Space Station research capa- tems developed and operated by the United shall be an official, designated by the Ad- bilities, through such instruments as memo- States Government shall be the primary ministrator, who shall serve as a Deputy As- randa of understanding, Space Act agree- means for delivering crew and cargo to des- sociate Administrator for International ments executed by NASA, or other coopera- tinations in low-Earth orbit until such time Space Station, or at an equivalent rank, and tive agreements, and through the conduct of as commercial entities demonstrate, through to whom responsibility shall be delegated scientific assemblies, conferences, etc., for a successful flight regime, as determined by for, at a minimum, the conduct of ISS oper- presentation of research findings, methods established milestones within current Space ations, maintenance and utilization by both and mechanisms for dissemination of non-re- Act Agreements, that they have the capa- NASA and non-NASA organizations. The Of- stricted research findings, and development bility to deliver cargo to destinations in low- ficer shall serve as the formal liaison to the of educational programs, course supple- Earth orbit, including the International organization specified in subsection (b). ments, interaction with educational pro- Space Station. Systems developed and oper- (b) ESTABLISHMENT OF NATIONAL LABORA- grams at all grade levels, including student- ated by the United States government shall TORY MANAGEMENT ENTITY.—The Adminis- focused research opportunities for conduct of be the primary means for delivering crew trator shall execute an agreement with a co- research in the United States International and cargo to destinations beyond low earth operative organization described in section Space Station National Laboratory managed orbit. Commercially developed launch sys- 501(c)(3) of the Internal Revenue Code of 1986 facilities. tems, such as those being developed under that is exempt from taxation under section (c) RESEARCH FACILITIES ALLOCATION AND NASA’s Commercial Orbital Transportation 501(a) of such Code to manage the activities INTEGRATION OF RESEARCH PAYLOADS.— System, for which the United States govern- of the ISS United States National Labora- (1) ALLOCATION OF ISS RESEARCH FACILI- ment will serve primarily as a customer, tory. The organization shall be designed spe- TIES.—Beginning as soon as practicable after shall be the primary means for delivering cifically for the unique purpose of developing the date of enactment of this Act, United cargo to the International Space Stations and implementing research and development States International Space Station National once they have successfully demonstrated

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1029 that capability, as required by this sub- including those developed for the Ares I sys- posed initiation of procurement activity for section. tem; commercially-developed crew transportation (b) NATIONAL SPACE TRANSPORTATION SYS- (C) include consideration of the degree to services and shall be subject to review by the TEM.—The Administrator is directed to de- which alternative vehicles may be developed committees of jurisdiction before the initi- velop a plan, no later than 90 days after the in an evolutionary fashion with the objective ation of any competitive process to procure date of enactment of this Act, for the estab- of supporting initial crew and cargo trans- such services. In support of the committee lishment of a National Space Transportation portation to the International Space Station review, the Comptroller General shall under- System. The National Space Transportation by the end of 2013 and missions beyond low- take an assessment of the review required by System shall include— Earth orbit by the end of 2018; and this subparagraph and provide a report to (1) an architecture of government devel- (D) include comparative development and the committees of jurisdiction within 90 days oped and operated space transportation sys- projected operational costs. after the date on which the Administrator tems, including one or more launch vehicles (e) NATIONAL SPACE TRANSPORTATION SYS- provides the description and justification to and associated crew and cargo carriers; TEM AUTHORITY TO PROCEED.—The Adminis- the committees of jurisdiction. (2) a streamlined approach to development trator is directed to select a heavy lift (D) USE OF GOVERNMENT-SUPPLIED CAPABILI- and acquisition of such systems funded and launch vehicle and accompanying crew vehi- TIES AND INFRASTRUCTURE.—In evaluating overseen by the United States Government, cle design concept and to initiate detailed any proposed development activity for com- design activities no later than 6 months including possible adoption or modification mercially-developed crew or cargo launch ca- after the date of enactment of this Act. If of effective acquisition practices utilized by pabilities, the Administrator shall identify ongoing program development elements and the Department of Defense, where appro- the anticipated contribution of government activities from the Constellation Program priate, to more effectively meet civil space personnel, expertise, technologies, and infra- are to be included in such a National Space structure to be utilized in support of design, transportation requirements; Transportation System, the Administrator (3) an operational concept that utilizes ex- development, or operations of such capabili- shall take appropriate steps to extend or ties. The Administrator shall include details isting government and industry personnel modify existing contracts to facilitate this and infrastructure in an efficient and cost ef- and associated costs of such support as part objective. of any proposed development initiative for fective manner; (f) COMMERCIALLY-DEVELOPED SPACE the procurement of commercially-developed (4) continuation or modification of ongoing TRANSPORTATION VEHICLES.— crew or cargo capabilities or services. programs, associated contracts, and testing (1) LAUNCH AND DELIVERY SYSTEMS.—The (E) ESTABLISHMENT OF FLIGHT DEMONSTRA- and evaluation plans initiated under the Congress restates its commitment, expressed TION AND READINESS REQUIREMENTS.—The Ad- Constellation Program, including the Orion in the National Aeronautics and Space Ad- ministrator shall establish appropriate mile- Crew Exploration Vehicle and the Ares-1 ministration Acts of 2005 and 2008, to the de- stones and minimum performance accom- Crew Launch Vehicle, to the extent that velopment of commercially-developed launch plishments which must be completed before such elements are determined to be cost ef- and delivery systems to the International any authority is granted to proceed to pro- fective and operationally effective; Space Station for crew and cargo missions, curement of commercially-developed crew (5) a plan for incrementally upgrading ini- known as the Commercial Orbital Transpor- transportation systems or capabilities. tially developed and deployed systems so tation System. (3) SENSE OF THE CONGRESS.—It is the sense that such systems can be made operational (2) PRELIMINARY REQUIREMENTS FOR COM- of the Congress that the development of with existing technology at the earliest pos- MERCIAL CREW CAPABILITY DEVELOPMENT.— commercial capabilities for the use of space sible opportunity and then upgraded over Before undertaking any development activ- may be of value in maximizing the utility time to fulfill more demanding missions and ity in support of commercially-developed and productivity of the International Space incorporate new technology as it becomes crew transportation systems, the Adminis- Station by providing a commercial means of available; and trator shall ensure that, at a minimum, the enabling crew transfer and crew rescue serv- (6) a United States Government managed following steps are completed: ices for the International Space Station. The approach for overseeing and ensuring crew (A) HUMAN RATING REQUIREMENTS.—Not Congress further believes that once such safety, including oversight of human ratings later than 60 days after the date of enact- commercial services have demonstrated the requirements established under subsection ment of this Act, the Administrator shall de- capability to meet established ascent, entry, (f)1)(C) of this section. velop and make publicly available detailed and International Space Station proximity (c) TECHNOLOGY DEVELOPMENT TO SUPPORT human ratings requirements to guide the de- operations safety requirements the United NATIONAL SPACE TRANSPORTATION SYSTEMS sign of commercially-developed crew trans- States should make use of domestic commer- EVOLUTION.—The Administrator shall de- portation capabilities. The requirements cially-provided crew transfer and crew res- velop and keep up to date a technology de- shall be at least equivalent to proven re- cue services to the maximum extent prac- velopment plan to support the evolving re- quirements in use as of the date of enact- ticable. The Congress further believes that quirements of the National Space Transpor- ment of this Act. the National Aeronautics and Space Admin- tation System, both for low-Earth orbit re- (B) COMMERCIAL MARKET ASSESSMENT.—The istration should expedite, where possible, the quirements and for missions beyond low- Administrator shall initiate, using an appro- use of domestic commercially provided Earth orbit. Technology funding provided priate and qualified independent entity, an International Space Station cargo missions, pursuant to this subsection shall be deter- assessment of the potential non-government and that upon the certification by appro- mined based on the specific mission benefits market for commercially-developed crew and priate Federal agencies of operational flight and the performance requirements needed to cargo space transportation systems and ca- readiness for the provision of commercial achieve clearly identified mission objectives, pabilities. The assessment shall— crew transportation capabilities, the Admin- such as planning to reach destinations be- (i) include activities associated with poten- istrator should limit, to the maximum ex- yond low-Earth orbit. There are authorized tial private sector utilization of Inter- tent practicable, the use of a United States to be appropriated to the Administrator such national Space Station research and tech- government crew transportation vehicle to amounts for technology funding for propul- nology development capabilities and other missions carrying crew beyond low Earth sion elements as may be necessary to ad- potential activities in low-Earth orbit; and orbit. vance the state of the art in propulsion ele- (ii) be completed and provided to the com- (4) LIMITATION ON OBLIGATION OR EXPENDI- ments as a priority over developments of mittees of jurisdiction no later than 120 days TURE OF FUNDS.—No funds authorized to be current state of the art in propulsion sys- after the date of enactment of this Act. appropriated by this Act may be obligated or tems. (C) PROCUREMENT SYSTEM REVIEW.—The Ad- expended for the purpose of procuring a com- (d) HEAVY-LIFT VEHICLE DEVELOPMENT.— ministrator shall review established govern- mercially-developed crew transportation ve- (1) REVIEW.—As part of the National Space ment procurement and acquisition practices hicle prior to completion of the require- Transportation system required in sub- and processes, including Space Act Agree- ments of paragraph (2) of this subsection. section (b) of this section, the Administrator ment authorities, to determine the most (g) CARGO RETURN CAPABILITY.—The Ad- is directed to conduct a review of alternative cost-effective means of procuring commer- ministrator is directed to conduct a study of heavy lift launch vehicle configurations that cial crew capabilities and related services alternative means for development of the ca- may be developed by the United States gov- which will ensure appropriate account- pability for a soft-landing return for return ernment to transport crew and cargo to low- ability, transparency, and maximum effi- research samples or other derivative mate- Earth orbit and beyond. ciency in the procurement of such services. rials, and small to mid-sized (up to 1,000 kilo- (2) CONTENT.—The review shall— The review shall include a description of pro- grams) equipment for return and analysis, or (A) include shuttle-derived vehicles which posed measures to address risk management refurbishment and redelivery to the ISS. If use existing United States propulsion sys- processes and the means of indemnification the Administrator decides that an inde- tems, including liquid fuel engines, external for third party commercial entities, and pendent study is appropriate, the results of tank, and solid rocket motor technology and processes for quality control, safety over- the study shall be transmitted to the com- related ground-based manufacturing capa- sight, and application of Federal oversight mittees of jurisdiction no later than 120 days bility, launch and operations infrastructure, processes within the jurisdiction of other after the date of enactment of this Act. and workforce expertise; Federal agencies. A description of the pro- (h) REPORT TO COMMITTEES OF JURISDIC- (B) take into consideration technologies posed procurement process and justification TION.—The Administrator shall submit a re- developed under the Constellation Program, for its selection shall be included in any pro- port to the committees of jurisdiction on

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE March 3, 2010 plans for implementing the requirements of (8) Office of Inspector General, $35,000,000. SUBMITTED RESOLUTIONS this section no later than 90 days after the (b) FY 2011.—There are authorized to be ap- date of enactment of this act. propriated to the National Aeronautics and SEC. 8. DEFINITIONS. Space Administration for fiscal year fiscal In this Act: year 2011: (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) Space Science Mission Directorate, SENATE RESOLUTION 430—COM- trator’’ means the Administrator of NASA. $5,005,600,000. MENDING THE MEMBERS OF THE (2) COMMERCIAL ENTITY.—The term ‘‘com- (2) Exploration Systems Mission Direc- 45TH AGRI-BUSINESS DEVELOP- mercial entity’’ means a for-profit entity op- torate, $4,263,400,000. MENT TEAM OF THE OKLAHOMA erating in such a way that— (3) Space Operations Mission Directorate, NATIONAL GUARD, FOR THEIR (A) private capital is at risk in the provi- $4,887,800,000. sion of a product, activity, or service; (4) Aeronautics and Space Research and EFFORTS TO MODERNIZE AGRI- (B) there are existing or potential non- Technology Mission Directorate, CULTURE AND SUSTAINABLE governmental customers for the product, ac- $1,151,800,000. FARMING PRACTICES IN AF- tivity, or service conducted or provided by (5) Education Programs, $145,800,000. GHANISTAN AND THEIR DEDICA- the entity; (6) Cross-Agency Support, $3,111,400,000. TION AND SERVICE TO THE (C) the commercial market ultimately de- (7) Construction and Environmental Com- UNITED STATES termines the viability of such product, activ- pliance and Restoration, $397,300,000. ity, or service; and (8) Office of Inspector General, $36,000,000. Mr. INHOFE (for himself and Mr. (D) primary responsibility and manage- (c) FY 2012.—There are authorized to be ap- ment initiative for the entity resides with propriated to the National Aeronautics and COBURN) submitted the following reso- the private sector. Space Administration for fiscal year 2012: lution; which was referred to the Com- (3) COMMITTEES OF JURISDICTION.—The term (1) Space Science Mission Directorate, mittee on Armed Services: ‘‘committees of jurisdiction’’ means— $5,248,600,000. (A) the Committee on Commerce, Science, (2) Exploration Systems Mission Direc- S. RES. 430 and Transportation of the Senate; and torate, $4,577,400,000. Whereas members of the 1–45th Agri-Busi- (B) the Committee on Science and Tech- (3) Space Operations Mission Directorate, ness Development Team (ADT) took control nology of the House of Representatives. $4,290,200,000. of the ADT mission in the Paktya and (4) DOWN-MASS.—The term ‘‘down-mass’’ (4) Aeronautics and Space Research and Paktika provinces of eastern Afghanistan means physical elements, such as equipment Technology Mission Directorate, from the 1–16th ADT from the Tennessee Na- removed for repair, replacement or analysis, $1,596,900,000. tional Guard on December 21, 2009, and mem- experiment products, samples and devices, (5) Education Programs, $145,800,000. bers of the 2–45th ADT are planned to take tools, personal crew items, manufactured (6) Cross-Agency Support, $3,189,600,000. over their mission in the summer of 2010; goods, or other non-disposable items, includ- (7) Construction and Environmental Com- Whereas the members of the ADT of the ing historically significant materials or pliance and Restoration, $363,800,000. items, whether the property of the United (8) Office of Inspector General, $36,000,000. Oklahoma National Guard are experts in ci- States or an international partner, or a non- (d) SPACE SHUTTLE SUSTAINING OPER- vilian agriculture practices and will provide government or commercial entity. ATIONS.—For purposes of implementing sec- important resources to the Afghan popu- (5) ISS.—The term ‘‘ISS’’ means the Inter- tion 4, there are authorized to be appro- lation in fostering sustainable agriculture national Space Station. priated an additional $200,000,000 for Space practices, improving food production and (6) ISS NATIONAL LABORATORY.—The term Shuttle operations in fiscal year 2010, processing, providing secure storage facili- ‘‘ISS National Laboratory’’ means the Inter- $1,200,000,000 for Space Shuttle Operations in ties and controlled temperature facilities, national Space Station United States Na- fiscal year 2011, and $2,000,000,000 for Space and ensuring secure and legal economic tional Laboratory Enterprise. Shuttle Operations in fiscal year 2012. growth; (7) LEGISLATIVE DAY.—The term ‘‘legisla- (e) ISS OPERATIONS.—For purposes of im- Whereas the International Agricultural tive day’’ means any calendar day on which plementing section 5, there are authorized to Program at Oklahoma State University in the Senate and the House of Representatives be appropriated an additional $36,000,000 for Stillwater, Oklahoma, has provided valuable are in session. fiscal year 2010 for procurement of necessary training for the 45th ADT pre-deployment (8) NASA.—The term ‘‘NASA’’ means the spares, replacement units, and associated and has provided a valuable educational re- National Aeronautics and Space Administra- transportation costs of elements necessary search tool for Guardsmen and women de- tion. to ensure viable sustained vehicle mainte- (9) SPACE ACT.—The term ‘‘Space Act’’ nance and operations, $100,000,000 for fiscal ployed to Afghanistan; means the National Aeronautics and Space year 2011, and $100,000,000 for fiscal year 2012. Whereas agriculture accounts for 45 per- Act of 1958 (42 U.S.C. 2451 et seq.). (f) ISS UTILIZATION.—For purposes of im- cent of the gross domestic product of Af- (10) UNITED STATES SEGMENT OF THE INTER- plementing section 6, there are authorized to ghanistan and over 80 percent of the popu- NATIONAL SPACE STATION.—The term ‘‘United be appropriated an additional $20,000,000 in lation of Afghanistan is engaged in farming States Segment of the International Space fiscal year 2010, $15,000,000 for fiscal year and agriculture; Station’’ includes all structural elements, 2011, and $15,000,000 for fiscal year 2012. Whereas the 45th ADT works closely with supporting equipment, external attachment (g) NO FISCAL YEAR LIMITATION ON FUND- the Provincial Director of Agriculture in Af- locations, pressurized modules, and associ- ING.—All funds appropriated pursuant to this ghanistan to ensure farmers and ranchers in ated contents, purchased or manufactured by section shall remain available until ex- Afghanistan are receiving valuable assist- or for the United States, and partner-sup- pended. ance in rebuilding and restoring the agricul- (h) TRANSFER OF FUNDS.—The Adminis- plied facilities allocated for utilization as de- tural economy of Afghanistan; and trator may transfer funds among any of the termined through bilateral and multilateral Whereas the ADTs partner with the United agreements. accounts identified in this section if, not less States Department of Agriculture and the (11) UP-MASS.—The term ‘‘up-mass’’ means than 30 days before the date of any such United States Agency for International De- physical elements, such as equipment, spare transfer, the Administrator provides a de- parts, replacement parts, experimental fa- tailed explanation of the needs for the trans- velopment (USAID) to provide interagency cilities, and associated materials, and var- fer, the amount proposed to be transferred, support to farmers in Afghanistan and are ious supplies necessary for the operation and and an analysis of the impact on activities critical to the overall success to the mission maintenance of the space station vehicle, from which funding is proposed to be trans- in Afghanistan: Now, therefore, be it modules, hardware, and crew support. ferred, to the committees of jurisdiction of Resolved, That the Senate commends the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. the House of Representatives and the Senate. members of the 45th Agri-Business Develop- (a) FY 2010.—There are authorized to be ap- No such transfer shall occur until the Ad- ment Team of the Oklahoma National ministrator has received an affirmative re- propriated to the National Aeronautics and Guard, for— Space Administration for fiscal year 2010: sponse indicating agreement to the proposed (1) their efforts to modernize agriculture (1) Space Science Mission Directorate, transfer from the chairs of the committees of and sustainable farming practices in Afghan- $4,493,300,000. jurisdiction. istan; and (2) Exploration Systems Mission Direc- SEC. 10. APPLICATION WITH OTHER LAWS. torate, $3,779,800,000. The proviso under the heading ‘‘EXPLO- (2) their dedication and service to the (3) Space Operations Mission Directorate, RATION’’, under the heading ‘‘SCIENCE’’ in the United States. $6,180,600,000. matter dealing with the National Aero- (4) Aeronautics and Space Research and nautics and Space Administration in the Technology Mission Directorate, $682,200,000. Science Appropriations Act, 2010 (title II of (5) Education Programs, $183,800,000. division B of the Consolidated Appropria- (6) Cross-Agency Support, $2,919,900,000. tions Act, 2010; Public Law 111–117) shall not (7) Construction and Environmental Com- apply to any activity authorized under this pliance and Restoration, $448,300,000. Act.

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1031 SENATE RESOLUTION 431—EX- terial resources to MINUSTAH than it has to rently the fourth leading cause of death in PRESSING PROFOUND CONCERN, any previous peacekeeping mission; and the Nation, is the only one of the 4 major DEEPEST SYMPATHIES, AND Whereas the Government of Chile and the causes that is still increasing in prevalence, SOLIDARITY ON BEHALF OF THE Government of the United States and other and is expected to rise to become the third regional partners have worked together in leading cause of death in the United States; PEOPLE OF THE UNITED STATES recent years to resolve a number of political Whereas lung cancer is the second most TO THE PEOPLE AND GOVERN- issues in the Western Hemisphere, including common cancer in the United States and the MENT OF CHILE FOLLOWING THE crises in Venezuela, Bolivia, and Honduras, most common cause of cancer deaths; MASSIVE EARTHQUAKE among others: Now, therefore, be it Whereas the leading cause of lung cancer is Resolved, That the Senate— Mr. LUGAR (for himself and Mr. long-term exposure to tobacco smoke; (1) expresses its profound concern, deepest Whereas about 23,400,000 people in the KERRY) submitted the following resolu- sympathies, and solidarity on behalf of the United States have asthma, a prevalence tion; which was referred to the Com- people of the United States to the people and which has risen by over 150 percent since mittee on Foreign Relations: Government of Chile following the massive 1980; S. RES. 431 earthquake; Whereas asthma is the most common Whereas the massive 8.8-magnitude earth- (2) applauds the friendship between the chronic disorder found in children, with quake that struck Chile in the early hours of Governments and people of the United States 7,000,000 affected; Saturday, February 27, 2010, has claimed and Chile and recommits to mutually bene- Whereas flu and pneumonia together are approximatley 800 lives, according to govern- ficial cooperation in bilateral, multilateral, the eighth leading cause of death in the ment officials of Chile, and the death toll is and Hemispheric contexts; United States; expected to continue to rise as assessments (3) strongly encourages the United States Whereas about 190,000 people in the United of the devastation continue; Government, with full consideration of the States are affected by acute respiratory dis- Whereas the earthquake hit most strongly necessary institutional instruments, to offer tress syndrome (ARDS) each year, a critical in 6 central and south regions, from the cap- all appropriate assistance, if requested by illness that results in sudden respiratory ital, Santiago, and the nearby port of the Government of Chile, to aid in the imme- system failure, which is fatal in up to 30 per- Valparaı´so in central Chile, to the Bernardo diate rescue and ongoing recovery efforts un- cent of cases; O’Higgins, Maule, Bio Bio, and Araucanı´a re- dertaken by the Government of Chile; and Whereas about 75,000 people in the United gions of the south; (4) encourages the international commu- States die as a result of acute lung injury, a Whereas the regions most strongly hit are nity to join in relief efforts as determined by disease that can be triggered by infection, home to about 60 percent of the 17,000,000 in- the Government of Chile. drowning, traumatic accident, burn injuries, habitants of Chile and account for approxi- f blood transfusions, and inhalation of toxic mately 70 percent of the gross domestic prod- SENATE RESOLUTION 432—A BILL substances, which kills approximately the uct of Chile; same number of people each year as die from Whereas the earthquake generated some SUPPORTING THE GOALS AND breast cancer, colon cancer, and prostate tsunami activity, in addition to the earth- IDEALS OF THE YEAR OF THE cancer combined; quake, and several hundred people were LUNG 2010 Whereas of the 10 leading causes of infant killed in the coastal towns of Constitucio´ n Mrs. LINCOLN (for herself and Mr. mortality in the United States, 4 are lung and Talcahuano as a result; CRAPO) submitted the following resolu- diseases or have a lung disease component; Whereas many of the villages in the Juan tion; which was referred to the Com- Whereas pulmonary fibrosis (PF) is a re- ´ Fernandez archipelago were destroyed by mittee on Health, Education, Labor, lentlessly progressive, ultimately fatal dis- tsunami activity; ease with a median survival rate of 2.8 years Whereas the earthquake left an estimated and Pensions: that has no life-saving therapy or cure; 2,000,000 people homeless and damaged more S. RES. 432 Whereas more than 120,000 people are living than 1,000,000 homes, 1⁄3 of which may have to Whereas millions of people around the with PF in the United States, 48,000 are diag- be demolished; world struggle each year for life and breath nosed with it each year, and as many as Whereas the earthquake, classified as a due to lung diseases, including tuberculosis, 40,000 die annually, the same as die from ‘‘megathrust’’ earthquake, unleashed an es- asthma, pneumonia, influenza, lung cancer breast cancer; timated 50 gigatons of energy and broke and chronic obstructive pulmonary disease Whereas the cause of sarcoidosis, an in- about 340 miles of the fault zone, according (COPD), pulmonary fibrosis, and more than flammatory disease that occurs most often to the United States Geological Survey’s Na- 8,100,000 die each year; in the lungs and has its highest incidence tional Earthquake Information Center; Whereas lung diseases afflict people in among young people aged 20 to 29, is un- Whereas aftershocks have continued, seri- every country and every socioeconomic known; ously complicating efforts to survey the group, but take the heaviest toll on the poor, Whereas 15 years ago, people with pul- damage and rescue survivors despite the children, the elderly, and the weak; monary hypertension lived on average less noble efforts of local teams; Whereas lung disease is a serious public than 3 years after diagnosis; Whereas the Department of Defense has es- health problem in the United States that af- Whereas new treatments have improved timated that reconstruction costs could ex- fects adults and children of every age and survival rates and quality of life for those ceed $30,000,000,000, equivalent to 20 percent race; living with this condition, but it remains a of the 2009 gross domestic product of Chile; Whereas lower respiratory diseases are the severe and often fatal illness; Whereas damage to ports and other infra- fourth leading cause of death in the United Whereas Lymphangioleiomyomatosis structure will hinder important exports and States; (LAM), a rare lung disease that affects economic recovery; Whereas the economic cost of lung diseases women exclusively and is also associated Whereas Secretary of State Hillary Clinton is expected to be $177,000,000,000 in 2009, in- with tuberous sclerosis, has no treatment visited Chile on March 2, 2010, and promised cluding $114,000,000,000 in direct health ex- protocol or cure and is often misdiagnosed as an extensive aid package, and the United penditures and $64,000,000,000 in indirect mor- asthma or emphysema; States Ambassador to Chile requested emer- bidity and mortality costs; Whereas Hermansky-Pudlak Syndrome, a gency relief funding; Whereas nearly half of the world’s popu- genetic metabolic disorder which causes al- Whereas Chile enjoys excellent relations lation lives in or near areas with poor air binism, visual impairment, and serious with the United States since its transition quality, which significantly increases the in- bleeding due to platelet dysfunction, has no back to democracy, and both countries have cidence of lung diseases such as asthma and cure and no standard of treatment; emphasized similar priorities in the region, COPD, and more than 2,000,000 people die pre- Whereas children’s interstitial lung dis- designed to strengthen democracy, improve maturely due to indoor and outdoor air pol- ease, a group of rare lung diseases, has many human rights, and advance free trade; lution; different forms, including surfactant protein Whereas Chile and the United States also Whereas tuberculosis, an airborne infec- deficiency, chronic bronchiolitis, and con- maintain strong commercial ties, which tion that attacks the lungs and other major nective tissue lung disease, and is thus dif- have become more extensive since a bilateral organs, is a leading global infectious disease; ficult to diagnose and treat; free trade agreement between the two coun- Whereas no new drugs have been developed Whereas the Centers for Disease Control tries entered into force in 2004; for tuberculosis in more than 5 decades and and Prevention estimates that 50,000,000 to Whereas since 2004, the Government of the only vaccine is nearly a century old, yet 70,000,000 adults in the United States suffer Chile has worked with the Government of there were 9,400,000 new cases in 2008, and from disorders of sleep and wakefulness; the United States and the international com- this curable disease kills 1,800,000 each year; Whereas insufficient sleep is associated munity as part of the multinational peace- Whereas an estimated 12,000,000 adults in with a number of chronic diseases and condi- keeping force in Haiti, first as a part of the the United States, are diagnosed with COPD, tions, including diabetes, cardiovascular dis- Multinational Interim Force-Haiti (MIFH) and another 12,000,000 have the disease but ease, obesity, and depression; and subsequently as a part of the United Na- don’t know it; Whereas the average cost of treating se- tions Stabilization Mission in Haiti Whereas COPD kills an estimated 126,000 vere COPD is 5 times higher than treating (MINUSTAH), committing more human ma- people in the United States each year, is cur- mild COPD;

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE March 3, 2010 Whereas the appropriate medication and of a nation to achieve strong and lasting eco- Whereas March 8 is recognized each year as disease management of asthma can reduce nomic growth and political stability; International Women’s Day, a global day to health care costs, including hospitalization, Whereas according to the 2009 World Eco- celebrate the economic, political, and social emergency room visits, and physician visits, nomic Forum Global Gender Gap Report, achievements of women past, present, and by half; ‘‘[A] nation’s competitiveness depends sig- future and a day to recognize the obstacles Whereas the flu vaccine can prevent 60 per- nificantly on whether and how it educates that women still face in the struggle for cent of hospitalizations and 80 percent of and utilizes its female talent. To maximize equal rights and opportunities; and deaths from flu-related complications among its competitiveness and development poten- Whereas, the United Nations theme for the elderly; tial, each country should strive for gender International Women’s Day 2010 is ‘‘Equal Whereas advances in medical research have equality—that is, to give women the same rights, equal opportunities: Progress for all’’: significantly improved the capacity to fight rights, responsibilities and opportunities as Now, therefore, be it lung disease by providing greater knowledge men.’’; Resolved, That the Senate— about its causes, innovative diagnostic tools Whereas, also according to the same re- (1) supports the goals of ‘‘International to detect the disease, and new and improved port, ‘‘Every year of schooling increases a Women’s Day’’; treatments that help people survive and re- girl’s individual earning power by 10% to (2) recognizes that the economic growth cover from this disease; 20%, while the return on secondary edu- and empowerment of women is inextricably Whereas there is no cure for major lung cation is even higher, in the 15% to 25% linked to the potential of nations to gen- diseases including asthma, COPD, and lung range. Additionally, women reinvest 90%of erate economic growth and sustainable de- cancer; their income back into the household, where- mocracy; Whereas chronic lung diseases are a lead- as men reinvest only 30% to 40%.’’; (3) recognizes and honors the women in the ing cause of death and yet the quality of pal- Whereas according to President Barack United States and around the world who liative and end-of-life care for patients with Obama, ‘‘Our daughters can contribute just have worked throughout history to strive to chronic lung disease is significantly worse as much to society as our sons, and our com- ensure that women are guaranteed equality than patients with other terminal illnesses; mon prosperity will be advanced by allowing and basic human rights; Whereas the National Institutes of Health, all humanity—men and women—to reach (4) reaffirms the commitment to end gen- through its many institutes and centers, their full potential.’’; der-based discrimination in all forms, to end through basic, clinical, and translational re- Whereas according to Secretary of State violence against women and girls worldwide; search, plays a pivotal role in advancing the Hillary Rodham Clinton, ‘‘[I]nvesting in the and prevention, detection, treatment, and cure of potential of women to lift and lead their so- (5) encourages the people of the United lung disease; cieties is one of the best investments we can States to observe International Women’s Whereas the Department of Veterans Af- make.’’; Day with appropriate programs and activi- fairs is actively engaged in research in res- Whereas despite some achievements made ties. by individual women leaders, women around piratory diseases that impact the Nation’s f veterans; the globe are still vastly underrepresented in Whereas the Environmental Protection high level positions and in national and local AMENDMENTS SUBMITTED AND Agency establishes air quality standard and legislatures and governments and, according PROPOSED to the Inter-Parliamentary Union, account enforcement programs to ensure the quality for only 18.7 percent of national parliamen- SA 3358. Mr. COBURN submitted an of the air we breathe; tarians; amendment intended to be proposed to Whereas the Centers for Medicare and Med- Whereas although strides have been made amendment SA 3336 proposed by Mr. BAUCUS icaid Services, provides essential health in- in recent decades, women around the world to the bill H.R. 4213, to amend the Internal surance benefits for millions of patients with continue to face significant obstacles in all Revenue Code of 1986 to extend certain expir- respiratory disorders; aspects of their lives including discrimina- ing provisions, and for other purposes. Whereas the Centers for Disease Control tion, gender-based violence, and denial of SA 3359. Mr. KOHL submitted an amend- and Prevention, through its many centers basic human rights; ment intended to be proposed to amendment and programs, provides valuable prevention Whereas women are responsible for 66 per- SA 3336 proposed by Mr. BAUCUS to the bill and surveillance programs on diseases of the cent of the work done in the world, yet earn H.R. 4213, supra; which was ordered to lie on lung; only 10 percent of the income earned in the the table. SA 3360. Mr. BUNNING proposed an amend- Whereas an international collaboration of world; ment to amendment SA 3336 proposed by Mr. medical professional and scientific societies Whereas women account for approximately is working to enhance the general public’s 70 percent of individuals living in poverty BAUCUS to the bill H.R. 4213, supra. SA 3361. Mr. BUNNING proposed an amend- understanding of respiratory diseases, their world-wide; ment to amendment SA 3336 proposed by Mr. causes, prevention, treatment, and impact Whereas women account for 64 percent of BAUCUS to the bill H.R. 4213, supra. respiratory disease play in human health; the 774,000,000 adults world-wide who lack and SA 3362. Mr. WARNER submitted an basic literacy skills; amendment intended to be proposed to Whereas the initiative, The Year of the Whereas girls account for 57 percent of the amendment SA 3336 proposed by Mr. BAUCUS Lung, seeks to raise awareness about lung 72,000,000 primary school aged children in the to the bill H.R. 4213, supra; which was or- health among the public, initiate action in world who do not attend school; communities worldwide, and advocate for re- dered to lie on the table. Whereas in Sub-Saharan Africa only 17 per- SA 3363. Mr. KERRY (for himself, Ms. sources to combat lung disease including re- cent of girls enroll in secondary school; SNOWE, Ms. LANDRIEU, and Ms. STABENOW) sources for research and research training Whereas women receive less than 10 per- programs worldwide: Now, therefore, be it submitted an amendment intended to be pro- cent of all available credit in Africa, own posed to amendment SA 3336 proposed by Mr. Resolved, That the Senate supports the less than 2 percent of the land in the world, goals and ideals of the Year of the Lung. BAUCUS to the bill H.R. 4213, supra; which and account for only 15 percent of the agri- was ordered to lie on the table. f cultural extension agents in the world, yet SA 3364. Mr. KERRY (for himself and Mr. SENATE RESOLUTION 433—SUP- produce the majority of the food crops in the ENSIGN) submitted an amendment intended world, including 70 percent of the food crops to be proposed to amendment SA 3336 pro- PORTING THE GOALS OF ‘‘INTER- in Africa; NATIONAL WOMEN’S DAY’’ posed by Mr. BAUCUS to the bill H.R. 4213, Whereas women in developing countries supra; which was ordered to lie on the table. Mrs. SHAHEEN (for herself, Mr. are disproportionately affected by global cli- SA 3365. Mr. WHITEHOUSE (for himself, CARDIN, Mrs. GILLIBRAND, and Mrs. mate change; Mr. KERRY, Mr. LIEBERMAN, Mr. DODD, Mrs. BOXER) submitted the following resolu- Whereas according to the Joint United Na- SHAHEEN, and Mr. BROWN of Massachusetts) tion; which was referred to the Com- tions Programme on HIV/AIDS, women ac- submitted an amendment intended to be pro- count for 50 percent of HIV or AIDS infec- mittee on the Judiciary: posed by him to the bill H.R. 4213, supra; tions worldwide, and nearly 60 percent of which was ordered to lie on the table. S. RES. 433 HIV infections in Sub-Saharan Africa; SA 3366. Mr. LEMIEUX submitted an Whereas there are more than 3,300,000,000 Whereas according the Department of amendment intended to be proposed to women in the world; State, 56 percent of all forced labor victims amendment SA 3336 proposed by Mr. BAUCUS Whereas women around the world partici- are women and girls; to the bill H.R. 4213, supra; which was or- pate in the political, social, and economic Whereas according to the United Nations, 1 dered to lie on the table. life of their communities and play the pre- in 3 women in the world will be beaten, co- SA 3367. Mr. THUNE (for himself, Mr. ENZI, dominant role in providing and caring for erced into sex, or otherwise abused in her and Mr. VITTER) submitted an amendment their families; lifetime; intended to be proposed to amendment SA Whereas women, as both farmers and care- Whereas according to the International 3345 submitted by Ms. LANDRIEU and in- givers, play a leading role in advancing food Center for Research on Women, there are tended to be proposed to the amendment SA security for their families and communities; more than 60,000,000 child brides in devel- 3336 proposed by Mr. BAUCUS to the bill H.R. Whereas the ability of women to realize oping countries, some of whom are as young 4213, supra; which was ordered to lie on the their full potential is critical to the ability as 7 years old; table.

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.079 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1033 SA 3368. Mr. FEINGOLD (for himself and to the bill H.R. 4213, supra; which was or- TEXT OF AMENDMENTS Mr. COBURN) submitted an amendment in- dered to lie on the table. Mr. COBURN submitted an tended to be proposed to amendment SA 3336 SA 3385. Ms. KLOBUCHAR submitted an SA 3358. proposed by Mr. BAUCUS to the bill H.R. 4213, amendment intended to be proposed to amendment intended to be proposed to supra. amendment SA 3336 proposed by Mr. BAUCUS amendment SA 3336 proposed by Mr. SA 3369. Mr. ROCKEFELLER submitted an to the bill H.R. 4213, supra; which was or- BAUCUS to the bill H.R. 4213, to amend amendment intended to be proposed to dered to lie on the table. the Internal Revenue Code of 1986 to amendment SA 3336 proposed by Mr. BAUCUS SA 3386. Mr. BROWN of Ohio submitted an extend certain expiring provisions, and to the bill H.R. 4213, supra; which was or- amendment intended to be proposed by him for other purposes; as follows: dered to lie on the table. to the bill H.R. 4213, supra; which was or- SA 3370. Mr. ROCKEFELLER (for himself At the appropriate place, insert the fol- dered to lie on the table. and Mr. ENSIGN) submitted an amendment lowing: SA 3387. Mr. DODD submitted an amend- intended to be proposed to amendment SA SEC. lll. SENATE SPENDING DISCLOSURE. ment intended to be proposed to amendment 3336 proposed by Mr. BAUCUS to the bill H.R. (a) IN GENERAL.—The Secretary of the Sen- SA 3336 proposed by Mr. BAUCUS to the bill 4213, supra; which was ordered to lie on the ate shall post prominently on the front page H.R. 4213, supra; which was ordered to lie on table. of the public website of the Senate (http:// the table. SA 3371. Mr. ROCKEFELLER (for himself, www.senate.gov/) the following information: SA 3388. Mr. BURRIS submitted an amend- Mr. SPECTER, and Mr. HATCH) submitted an (1) The total amount of discretionary and ment intended to be proposed to amendment amendment intended to be proposed to direct spending passed by the Senate that SA 3336 proposed by Mr. BAUCUS to the bill amendment SA 3336 proposed by Mr. BAUCUS has not been paid for, including emergency H.R. 4213, supra; which was ordered to lie on to the bill H.R. 4213, supra; which was or- designated spending or spending otherwise the table. dered to lie on the table. exempted from PAYGO requirements. SA 3372. Mr. MERKLEY (for himself and SA 3389. Mr. BURR proposed an amend- (2) The total amount of net spending au- Mr. WYDEN) submitted an amendment in- ment to amendment SA 3336 proposed by Mr. thorized in legislation passed by the Senate, tended to be proposed by him to the bill H.R. BAUCUS to the bill H.R. 4213, supra. as scored by CBO. 4213, supra; which was ordered to lie on the SA 3390. Mr. BURR proposed an amend- (3) The number of new government pro- table. ment to amendment SA 3336 proposed by Mr. grams created in legislation passed by the SA 3373. Mr. BENNETT submitted an BAUCUS to the bill H.R. 4213, supra. Senate. amendment intended to be proposed to SA 3391. Mr. BROWN, of Massachusetts (4) The totals for paragraphs (1) through (3) amendment SA 3336 proposed by Mr. BAUCUS proposed an amendment to amendment SA as passed by both Houses of Congress and to the bill H.R. 4213, supra; which was or- 3336 proposed by Mr. BAUCUS to the bill H.R. signed into law by the President. dered to lie on the table. 4213, supra. (b) DISPLAY.—The information tallies re- SA 3374. Mr. BAYH (for himself, Mrs. LIN- SA 3392. Mr. MCCAIN submitted an amend- quired by subsection (a) shall be itemized by COLN, Mr. WICKER, Mr. VITTER, and Mr. BOND) ment intended to be proposed to amendment bill and date, updated weekly, and archived submitted an amendment intended to be pro- SA 3336 proposed by Mr. BAUCUS to the bill by calendar year. posed to amendment SA 3338 submitted by H.R. 4213, supra; which was ordered to lie on (c) EFFECTIVE DATE.—The PAYGO tally re- Mr. THUNE to the amendment SA 3336 pro- the table. quired by subsection (a)(1) shall begin with posed by Mr. BAUCUS to the bill H.R. 4213, SA 3393. Mr. BEGICH submitted an amend- the date of enactment of the Statutory Pay- supra; which was ordered to lie on the table. ment intended to be proposed to amendment As-You-Go Act of 2010 and the authorization SA 3375. Mr. DORGAN submitted an SA 3336 proposed by Mr. BAUCUS to the bill tally required by subsection (a)(2) shall apply amendment intended to be proposed to H.R. 4213, supra; which was ordered to lie on to all legislation passed beginning January 1, amendment SA 3336 proposed by Mr. BAUCUS the table. 2010. to the bill H.R. 4213, supra; which was or- dered to lie on the table. SA 3394. Mrs. LINCOLN submitted an SA 3376. Mr. BEGICH submitted an amend- amendment intended to be proposed to SA 3359. Mr. KOHL submitted an ment intended to be proposed by him to the amendment SA 3336 proposed by Mr. BAUCUS amendment intended to be proposed to bill H.R. 4213, supra; which was ordered to lie to the bill H.R. 4213, supra; which was or- amendment SA 3336 proposed by Mr. on the table. dered to lie on the table. BAUCUS to the bill H.R. 4213, to amend SA 3377. Mr. BEGICH submitted an amend- SA 3395. Mrs. LINCOLN (for herself, Ms. the Internal Revenue Code of 1986 to ment intended to be proposed by him to the SNOWE, Ms. COLLINS, Ms. STABENOW, Mr. extend certain expiring provisions, and CRAPO, Mr. CORNYN, Ms. CANTWELL, Ms. bill H.R. 4213, supra; which was ordered to lie for other purposes; which was ordered on the table. KLOBUCHAR, Mrs. MURRAY, Mr. ROBERTS, and SA 3378. Mr. NELSON, of Florida sub- Mr. VITTER) submitted an amendment in- to lie on the table; as follows: mitted an amendment intended to be pro- tended to be proposed to amendment SA 3336 At the end, add the following: posed by him to the bill H.R. 4213, supra; proposed by Mr. BAUCUS to the bill H.R. 4213, TITLE VIII—PENSION BENEFIT GUARANTY which was ordered to lie on the table. supra; which was ordered to lie on the table. CORPORATION GOVERNANCE IMPROVE- SA 3379. Mr. NELSON, of Florida (for him- SA 3396. Mr. NELSON, of Florida sub- MENT self and Mr. ENSIGN) submitted an amend- mitted an amendment intended to be pro- SEC. 801. SHORT TITLE. ment intended to be proposed to amendment posed to amendment SA 3336 proposed by Mr. This title may be cited as the ‘‘Pension SA 3336 proposed by Mr. BAUCUS to the bill BAUCUS to the bill H.R. 4213, supra; which Benefit Guaranty Corporation Governance H.R. 4213, supra; which was ordered to lie on was ordered to lie on the table. Improvement Act of 2010’’. the table. SA 3397. Mr. ROCKEFELLER (for himself SEC. 802. BOARD OF DIRECTORS OF THE PEN- SA 3380. Mr. NELSON, of Florida (for him- and Mr. GRASSLEY) submitted an amendment self and Mr. CRAPO) submitted an amend- SION BENEFIT GUARANTY CORPORA- intended to be proposed to amendment SA TION. ment intended to be proposed to amendment 3336 proposed by Mr. BAUCUS to the bill H.R. SA 3336 proposed by Mr. BAUCUS to the bill (a) IN GENERAL.—Section 4002(d) of the Em- 4213, supra; which was ordered to lie on the ployee Retirement Income Security Act of H.R. 4213, supra; which was ordered to lie on table. the table. 1974 (29 U.S.C. 1302(d)) is amended to read as SA 3398. Mr. DEMINT submitted an amend- SA 3381. Mr. LIEBERMAN (for himself, Ms. follows: ment intended to be proposed to amendment COLLINS, Mrs. FEINSTEIN, Mr. BYRD, Mr. EN- ‘‘(d)(1) The board of directors of the cor- SA 3336 proposed by Mr. BAUCUS to the bill SIGN, and Mr. VOINOVICH) submitted an poration consists of— H.R. 4213, supra; which was ordered to lie on amendment intended to be proposed to ‘‘(A) the Secretary of the Treasury, the the table. amendment SA 3336 proposed by Mr. BAUCUS Secretary of Labor, and the Secretary of to the bill H.R. 4213, supra; which was or- SA 3399. Mr. NELSON, of Florida (for him- Commerce; dered to lie on the table. self and Mr. CORNYN) submitted an amend- ‘‘(B) a member that is a representative of SA 3382. Ms. STABENOW (for herself, Mr. ment intended to be proposed to amendment employers offering defined benefit plans; HATCH, Mr. SCHUMER, Mr. CRAPO, Mr. RISCH, SA 3336 proposed by Mr. BAUCUS to the bill ‘‘(C) a member that is a representative of Ms. SNOWE, Mr. BROWN of Ohio, Mr. ENZI, and H.R. 4213, supra; which was ordered to lie on organized labor and employees; and Ms. COLLINS) submitted an amendment in- the table. ‘‘(D) 2 other members. tended to be proposed to amendment SA 3336 SA 3400. Mr. SPECTER submitted an ‘‘(2)(A) The members of the board of direc- proposed by Mr. BAUCUS to the bill H.R. 4213, amendment intended to be proposed to tors described under subparagraphs (B) supra. amendment SA 3336 proposed by Mr. BAUCUS through (D) of paragraph (1)— SA 3383. Mr. WICKER (for himself and Mr. to the bill H.R. 4213, supra; which was or- ‘‘(i) shall be appointed by the President by COCHRAN) submitted an amendment intended dered to lie on the table. and with the advice and consent of the Sen- to be proposed to amendment SA 3336 pro- SA 3401. Mrs. LINCOLN submitted an ate— posed by Mr. BAUCUS to the bill H.R. 4213, amendment intended to be proposed to ‘‘(I) at the beginning of the second year of supra; which was ordered to lie on the table. amendment SA 3336 proposed by Mr. BAUCUS the President’s term of office, with respect SA 3384. Ms. KLOBUCHAR submitted an to the bill H.R. 4213, supra; which was or- to such members described under subpara- amendment intended to be proposed by her dered to lie on the table. graphs (B) and (C) of paragraph (1); and

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.082 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1034 CONGRESSIONAL RECORD — SENATE March 3, 2010 ‘‘(II) at the beginning of the fourth year of than 5 members. Not less than 1 meeting of this Act an amendment or repeal is ex- the President’s term of office, with respect the board of directors during each year shall pressed in terms of an amendment to, or re- to such members described under subpara- be a joint meeting with the advisory com- peal of, a section or other provision, the ref- graph (D) of paragraph (1); and mittee under subsection (h).’’; and erence shall be considered to be made to a ‘‘(ii) shall serve for a term of 4 years. (3) by adding at the end the following: section or other provision of the Internal ‘‘(B) Not more than 2 members of the board ‘‘(2) The chairman of the board of directors Revenue Code of 1986. of directors described under subparagraphs shall make available to the public the min- (c) TABLE OF CONTENTS.—The table of con- (B) through (D) of paragraph (1) shall be af- utes from each meeting of the board, unless tents for this Act is as follows: filiated with the same political party. the chairman designates a meeting or por- Sec. 1. Short title; amendment of 1986 Code; ‘‘(C) Each member of the board of directors tion of a meeting as closed to the public, table of contents. described under subparagraphs (B) through based on the confidentiality of the matters TITLE I—EXTENSION OF EXPIRING (D) of paragraph (1) shall not have a direct fi- to be discussed during such meeting.’’. PROVISIONS nancial interest in the decisions of the cor- (c) ADVISORY COMMITTEE.— Subtitle A—Energy poration. (1) ISSUES CONSIDERED BY THE COMMITTEE.— ‘‘(3) Each member of the board of directors Section 4002(h)(1) of the Employee Retire- Sec. 101. Alternative motor vehicle credit described under subparagraph (A) of para- ment Income Security Act of 1974 (29 U.S.C. for new qualified hybrid motor graph (1) shall designate in writing an offi- 1302(h)(1)) is amended— vehicles other than passenger cial, not below the level of Assistant Sec- (A) by striking ‘‘, and (D)’’ and inserting ‘‘, automobiles and light trucks. retary, to serve as the voting representative (D)’’; and Sec. 102. Incentives for biodiesel and renew- of such member on the board. Such designa- (B) by striking ‘‘time to time.’’ and insert- able diesel. tion shall be effective until revoked or until ing ‘‘time to time, and (E) other issues as de- Sec. 103. Credit for electricity produced at a date or event specified therein. Any such termined appropriate by the advisory com- certain open-loop biomass fa- representative may refer for board action mittee.’’. cilities. any matter under consideration by the desig- (2) JOINT MEETING.—Section 4002(h)(3) of Sec. 104. Credit for refined coal facilities. nating board member. the Employee Retirement Income Security Sec. 105. Credit for production of low sulfur ‘‘(4) The members of the board of directors Act of 1974 (29 U.S.C. 1302(h)(3)) is amended diesel fuel. described under— by adding at the end the following: ‘‘Not less Sec. 106. Credit for producing fuel from coke ‘‘(A) subparagraph (A) of paragraph (1), than 1 meeting of the advisory committee or coke gas. Sec. 107. New energy efficient home credit. shall serve without compensation, but shall during each year shall be a joint meeting Sec. 108. Excise tax credits and outlay pay- be reimbursed for travel, subsistence, and with the board of directors under subsection ments for alternative fuel and other necessary expenses incurred in the per- (e).’’. formance of their duties as members of the alternative fuel mixtures. SEC. 803. AVOIDING CONFLICTS OF INTEREST. Sec. 109. Special rule for sales or disposi- board; and Section 4002 of the Employee Retirement tions to implement FERC or ‘‘(B) subparagraphs (B) through (D) of Income Security Act of 1974 (29 U.S.C. 1302) is State electric restructuring paragraph (1) shall, for each day (including amended by adding at the end the following: policy for qualified electric traveltime) during which they are attending ‘‘(j) The Director of the corporation, and utilities. meetings or conferences of the board or oth- each member of the board of directors de- Sec. 110. Suspension of limitation on per- erwise engaged in the business of the board, scribed under subparagraphs (B) through (D) centage depletion for oil and be compensated at a rate fixed by the cor- of subsection (d)(1), shall agree in writing to gas from marginal wells. poration which is not in excess of the daily recuse him or herself from participation in Subtitle B—Individual Tax Relief equivalent of the annual rate of basic pay in activities which present a potential conflict effect for grade GS–18 of the General Sched- of interest or appearance of such conflict, in- PART I—MISCELLANEOUS PROVISIONS ule, and while away from their homes or reg- cluding by not serving on a technical evalua- Sec. 111. Deduction for certain expenses of ular places of business they may be allowed tion panel.’’. elementary and secondary travel expenses, including per diem in lieu of SEC. 804. SENSE OF CONGRESS. school teachers. subsistence, as authorized by section 5703 of (a) FORMATION OF COMMITTEES.—It is the Sec. 112. Additional standard deduction for title 5, United States Code. sense of Congress that the board of directors State and local real property ‘‘(5)(A) The Secretary of Labor is the chair- of the Pension Benefit Guaranty Corporation taxes. man of the board of directors. established under section 4002 of the Em- Sec. 113. Deduction of State and local sales ‘‘(B) The President shall designate 1 of the taxes. members appointed under paragraph (2) as ployee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this title, Sec. 114. Contributions of capital gain real the vice-chairman of the board of directors. property made for conservation ‘‘(6) The Inspector General of the corpora- should form committees, including an audit committee and an investment committee, to purposes. tion shall report to the board of directors, Sec. 115. Above-the-line deduction for quali- enhance the overall effectiveness of the and not less than twice a year, shall attend fied tuition and related ex- board of directors. a meeting of the board of directors to pro- penses. (b) RISK MANAGEMENT POSITION.—It is the vide a report on the activities and findings of Sec. 116. Tax-free distributions from indi- sense of Congress that the Pension Benefit the Inspector General, including with respect vidual retirement plans for Guaranty Corporation established under sec- to monitoring and review of the operations charitable purposes. tion 4002 of the Employee Retirement In- of the corporation. Sec. 117. Look-thru of certain regulated in- come Security Act of 1974 (29 U.S.C. 1302), as ‘‘(7) The General Counsel of the corpora- vestment company stock in de- amended by this title, should establish a risk tion shall— termining gross estate of non- management position that evaluates and ‘‘(A) serve as the secretary to the board of residents. directors, and shall advise such board as mitigates the risk that the corporation PART II—LOW-INCOME HOUSING CREDITS needed; and might experience. The individual in such po- ‘‘(B) have overall responsibility for all sition should coordinate the risk manage- Sec. 121. Election for refundable low-income legal matters affecting the corporation and ment efforts of the corporation, explain risks housing credit for 2010. provide the corporation with legal advice and controls to senior management and the Subtitle C—Business Tax Relief and opinions on all matters of law affecting board of directors of the corporation, and Sec. 131. Research credit. the corporation, except that the authority of make recommendations. Sec. 132. Indian employment tax credit. the General Counsel shall not extend to the Sec. 133. New markets tax credit. Office of Inspector General and the inde- SA 3360. Mr. BUNNING proposed an Sec. 134. Railroad track maintenance credit. pendent legal counsel of such Office. amendment to amendment SA 3336 pro- Sec. 135. Mine rescue team training credit. ‘‘(8) Notwithstanding any other provision posed by Mr. BAUCUS to the bill H.R. Sec. 136. Employer wage credit for employ- of this Act, the Office of Inspector General 4213, to amend the Internal Revenue ees who are active duty mem- and the legal counsel of such Office is inde- Code of 1986 to extend certain expiring bers of the uniformed services. pendent of the management of the corpora- provisions, and for other purposes; as Sec. 137. 5-year depreciation for farming tion and the General Counsel of the corpora- business machinery and equip- tion.’’. follows: ment. (b) NUMBER OF MEETINGS; PUBLIC AVAIL- Strike all after the first word and insert Sec. 138. 15-year straight-line cost recovery ABILITY.—Section 4002(e) of the Employee the following: for qualified leasehold improve- Retirement Income Security Act of 1974 (29 1. SHORT TITLE; AMENDMENT OF 1986 CODE; ments, qualified restaurant U.S.C. 1302(e)) is amended— TABLE OF CONTENTS. buildings and improvements, (1) by striking ‘‘The board’’ and inserting (a) SHORT TITLE.—This Act may be cited as and qualified retail improve- ‘‘(1) The board’’; the ‘‘American Workers, State, and Business ments. (2) by striking ‘‘the corporation.’’ and in- Relief Act of 2010’’. Sec. 139. 7-year recovery period for motor- serting ‘‘the corporation, but in no case less (b) AMENDMENT OF 1986 CODE.—Except as sports entertainment com- than 4 times a year with a quorum of not less otherwise expressly provided, whenever in plexes.

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0655 E:\CR\FM\A03MR6.085 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1035 Sec. 140. Accelerated depreciation for busi- Sec. 192. Exclusion of cancellation of mort- TITLE IV—OFFSET PROVISIONS ness property on an Indian res- gage indebtedness. Subtitle A—Black Liquor ervation. TITLE II—UNEMPLOYMENT INSURANCE, Sec. 141. Enhanced charitable deduction for Sec. 401. Exclusion of unprocessed fuels from HEALTH, AND OTHER PROVISIONS the cellulosic biofuel producer contributions of food inventory. Subtitle A—Unemployment Insurance Sec. 142. Enhanced charitable deduction for credit. contributions of book inven- Sec. 201. Extension of unemployment insur- Sec. 402. Prohibition on alternative fuel tories to public schools. ance provisions. credit and alternative fuel mix- Sec. 143. Enhanced charitable deduction for Subtitle B—Health Provisions ture credit for black liquor. corporate contributions of com- Sec. 211. Extension and improvement of pre- Subtitle B—Homebuyer Credit puter inventory for educational mium assistance for COBRA Sec. 411. Technical modifications to home- purposes. benefits. buyer credit. Sec. 144. Election to expense mine safety Sec. 212. Extension of therapy caps excep- equipment. tions process. Subtitle C—Economic Substance Sec. 145. Special expensing rules for certain Sec. 213. Treatment of pharmacies under du- Sec. 421. Codification of economic substance film and television productions. rable medical equipment ac- doctrine; penalties. Sec. 146. Expensing of environmental reme- creditation requirements. Subtitle D—Additional Provisions diation costs. Sec. 214. Enhanced payment for mental Sec. 147. Deduction allowable with respect health services. Sec. 431. Revision to the Medicare Improve- to income attributable to do- Sec. 215. Extension of ambulance add-ons. ment Fund. mestic production activities in Sec. 216. Extension of geographic floor for TITLE V—SATELLITE TELEVISION Puerto Rico. work. EXTENSION Sec. 148. Modification of tax treatment of Sec. 217. Extension of payment for technical certain payments to controlling component of certain physician Sec. 501. Short title. exempt organizations. pathology services. Subtitle A—Statutory Licenses Sec. 149. Exclusion of gain or loss on sale or Sec. 218. Extension of outpatient hold harm- Sec. 501. Reference. exchange of certain brownfield less provision. Sec. 502. Modifications to statutory license sites from unrelated business Sec. 219. EHR Clarification. for satellite carriers. income. Sec. 220. Extension of reimbursement for all Sec. 503. Modifications to statutory license Sec. 150. Timber REIT modernization. Medicare part B services fur- for satellite carriers in local Sec. 151. Treatment of certain dividends and nished by certain indian hos- markets. assets of regulated investment pitals and clinics. companies. Sec. 221. Extension of certain payment rules Sec. 504. Modifications to cable system sec- Sec. 152. RIC qualified investment entity for long-term care hospital ondary transmission rights treatment under FIRPTA. services and of moratorium on under section 111. Sec. 153. Exceptions for active financing in- the establishment of certain Sec. 505. Certain waivers granted to pro- come. hospitals and facilities. viders of local-into-local serv- Sec. 154. Look-thru treatment of payments Sec. 222. Extension of the Medicare rural ice for all DMAs. between related controlled for- hospital flexibility program. Sec. 506. Copyright Office fees. eign corporations under foreign Sec. 223. Extension of section 508 hospital Sec. 507. Termination of license. personal holding company reclassifications. Sec. 508. Construction. rules. Sec. 224. Technical correction related to Subtitle B—Communications Provisions Sec. 155. Reduction in corporate rate for critical access hospital serv- qualified timber gain. ices. Sec. 521. Reference. Sec. 156. Basis adjustment to stock of S Sec. 225. Extension for specialized MA plans Sec. 522. Extension of authority. corps making charitable con- for special needs individuals. Sec. 523. Significantly viewed stations. tributions of property. Sec. 226. Extension of reasonable cost con- Sec. 524. Digital television transition con- Sec. 157. Empowerment zone tax incentives. tracts. forming amendments. Sec. 158. Tax incentives for investment in Sec. 227. Extension of particular waiver pol- Sec. 525. Application pending completion of the District of Columbia. icy for employer group plans. rulemakings. Sec. 159. Renewal community tax incen- Sec. 228. Extension of continuing care re- Sec. 526. Process for issuing qualified carrier tives. tirement community program. certification. Sec. 160. Temporary increase in limit on Sec. 229. Funding outreach and assistance cover over of rum excise taxes Sec. 527. Nondiscrimination in carriage of for low-income programs. high definition digital signals to Puerto Rico and the Virgin Sec. 230. Family-to-family health informa- Islands. of noncommercial educational tion centers. television stations. Sec. 161. American Samoa economic devel- Sec. 231. Implementation funding. Sec. 528. Savings clause regarding defini- opment credit. Sec. 232. Extension of ARRA increase in tions. Subtitle D—Temporary Disaster Relief FMAP. Provisions Sec. 233. Extension of gainsharing dem- Sec. 529. State public affairs broadcasts. PART I—NATIONAL DISASTER RELIEF onstration. Subtitle C—Reports and Savings Provision Sec. 171. Waiver of certain mortgage rev- Subtitle C—Other Provisions Sec. 531. Definition. enue bond requirements. Sec. 241. Extension of use of 2009 poverty Sec. 532. Report on market based alter- Sec. 172. Losses attributable to federally de- guidelines. natives to statutory licensing. clared disasters. Sec. 242. Refunds disregarded in the admin- Sec. 533. Report on communications impli- Sec. 173. Special depreciation allowance for istration of Federal programs cations of statutory licensing qualified disaster property. and federally assisted pro- modifications. Sec. 174. Net operating losses attributable to grams. Sec. 534. Report on in-state broadcast pro- federally declared disasters. Sec. 243. State court improvement program. gramming. Sec. 175. Expensing of qualified disaster ex- Sec. 244. Extension of national flood insur- Sec. 535. Local network channel broadcast penses. ance program. reports. PART II—REGIONAL PROVISIONS Sec. 245. Emergency disaster assistance. Sec. 536. Savings provision regarding use of SUBPART A—NEW YORK LIBERTY ZONE Sec. 246. Small business loan guarantee en- negotiated licenses. hancement extensions. Sec. 181. Special depreciation allowance for Sec. 537. Effective date; noninfringement of nonresidential and residential TITLE III—PENSION FUNDING RELIEF copyright. real property. Subtitle A—Single Employer Plans Subtitle D—Severability Sec. 182. Tax-exempt bond financing. Sec. 301. Extended period for single-em- Sec. 541. Severability. SUBPART B—GO ZONE ployer defined benefit plans to Sec. 183. Special depreciation allowance. amortize certain shortfall am- TITLE VI—OTHER PROVISIONS Sec. 184. Increase in rehabilitation credit. ortization bases. Sec. 601. Increase in the Medicare physician Sec. 185. Work opportunity tax credit with Sec. 302. Application of extended amortiza- payment update. respect to certain individuals tion period to plans subject to TITLE VII—DETERMINATION OF affected by Hurricane Katrina prior law funding rules. BUDGETARY EFFECTS for employers inside disaster Sec. 303. Lookback for certain benefit re- areas. strictions. Sec. 701. Determination of budgetary ef- fects. SUBPART C—MIDWESTERN DISASTER AREAS Subtitle B—Multiemployer Plans Sec. 191. Special rules for use of retirement Sec. 311. Adjustments to funding standard TITLE VIII—OFFSET funds. account rules. Sec. 801. Rescission.

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TITLE I—EXTENSION OF EXPIRING SEC. 109. SPECIAL RULE FOR SALES OR DISPOSI- (b) EFFECTIVE DATE.—The amendment PROVISIONS TIONS TO IMPLEMENT FERC OR made by this section shall apply to estates of STATE ELECTRIC RESTRUCTURING decedents dying after December 31, 2009. Subtitle A—Energy POLICY FOR QUALIFIED ELECTRIC SEC. 101. ALTERNATIVE MOTOR VEHICLE CREDIT UTILITIES. PART II—LOW-INCOME HOUSING CREDITS FOR NEW QUALIFIED HYBRID (a) IN GENERAL.—Paragraph (3) of section SEC. 121. ELECTION FOR REFUNDABLE LOW-IN- MOTOR VEHICLES OTHER THAN PAS- 451(i) is amended by striking ‘‘January 1, COME HOUSING CREDIT FOR 2010. SENGER AUTOMOBILES AND LIGHT 2010’’ and inserting ‘‘January 1, 2011’’. (a) IN GENERAL.—Section 42 is amended by TRUCKS. (b) EFFECTIVE DATE.—The amendment redesignating subsection (n) as subsection (a) IN GENERAL.—Paragraph (3) of section made by this section shall apply to trans- (o) and by inserting after subsection (m) the 30B(k) is amended by striking ‘‘December 31, actions after December 31, 2009. following new subsection: 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 110. SUSPENSION OF LIMITATION ON PER- ‘‘(n) ELECTION FOR REFUNDABLE CREDITS.— (b) EFFECTIVE DATE.—The amendment CENTAGE DEPLETION FOR OIL AND ‘‘(1) IN GENERAL.—The housing credit agen- made by this section shall apply to property GAS FROM MARGINAL WELLS. cy of each State shall be allowed a credit in purchased after December 31, 2009. (a) IN GENERAL.—Clause (ii) of section an amount equal to such State’s 2010 low-in- 613A(c)(6)(H) is amended by striking ‘‘Janu- SEC. 102. INCENTIVES FOR BIODIESEL AND RE- come housing refundable credit election ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. NEWABLE DIESEL. amount, which shall be payable by the Sec- (b) EFFECTIVE DATE.—The amendment (a) CREDITS FOR BIODIESEL AND RENEWABLE made by this section shall apply to taxable retary as provided in paragraph (5). DIESEL USED AS FUEL.—Subsection (g) of sec- years beginning after December 31, 2009. ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE tion 40A is amended by striking ‘‘December CREDIT ELECTION AMOUNT.—For purposes of 31, 2009’’ and inserting ‘‘December 31, 2010’’. Subtitle B—Individual Tax Relief this subsection, the term ‘2010 low-income (b) EXCISE TAX CREDITS AND OUTLAY PAY- PART I—MISCELLANEOUS PROVISIONS housing refundable credit election amount’ MENTS FOR BIODIESEL AND RENEWABLE DIESEL SEC. 111. DEDUCTION FOR CERTAIN EXPENSES means, with respect to any State, such FUEL MIXTURES.— OF ELEMENTARY AND SECONDARY amount as the State may elect which does (1) Paragraph (6) of section 6426(c) is SCHOOL TEACHERS. not exceed 85 percent of the product of— amended by striking ‘‘December 31, 2009’’ and (a) IN GENERAL.—Subparagraph (D) of sec- ‘‘(A) the sum of— inserting ‘‘December 31, 2010’’. tion 62(a)(2) is amended by striking ‘‘or 2009’’ ‘‘(i) 100 percent of the State housing credit and inserting ‘‘2009, or 2010’’. (2) Subparagraph (B) of section 6427(e)(6) is ceiling for 2010 which is attributable to (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘December 31, 2009’’ and made by this section shall apply to taxable amounts described in clauses (i) and (iii) of inserting ‘‘December 31, 2010’’. years beginning after December 31, 2009. subsection (h)(3)(C), and (c) EFFECTIVE DATE.—The amendments ‘‘(ii) 40 percent of the State housing credit SEC. 112. ADDITIONAL STANDARD DEDUCTION made by this section shall apply to fuel sold FOR STATE AND LOCAL REAL PROP- ceiling for 2010 which is attributable to or used after December 31, 2009. ERTY TAXES. amounts described in clauses (ii) and (iv) of SEC. 103. CREDIT FOR ELECTRICITY PRODUCED (a) IN GENERAL.—Subparagraph (C) of sec- such subsection, multiplied by AT CERTAIN OPEN-LOOP BIOMASS tion 63(c)(1) is amended by striking ‘‘or 2009’’ ‘‘(B) 10. FACILITIES. and inserting ‘‘2009, or 2010’’. ‘‘(3) COORDINATION WITH NON-REFUNDABLE (a) IN GENERAL.—Clause (ii) of section (b) EFFECTIVE DATE.—The amendment CREDIT.—For purposes of this section, the 45(b)(4)(B) is amended by striking ‘‘5-year pe- made by this section shall apply to taxable amounts described in clauses (i) through (iv) riod’’ and inserting ‘‘6-year period’’. years beginning after December 31, 2009. of subsection (h)(3)(C) with respect to any (b) EFFECTIVE DATE.—The amendment SEC. 113. DEDUCTION OF STATE AND LOCAL State for 2010 shall each be reduced by so made by this section shall apply to elec- SALES TAXES. much of such amount as is taken into ac- tricity produced and sold after December 31, (a) IN GENERAL.—Subparagraph (I) of sec- count in determining the amount of the 2009. tion 164(b)(5) is amended by striking ‘‘Janu- credit allowed with respect to such State SEC. 104. CREDIT FOR REFINED COAL FACILI- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. under paragraph (1). TIES. (b) EFFECTIVE DATE.—The amendment ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a made by this section shall apply to taxable (a) IN GENERAL.—Subparagraphs (A) and qualified low-income building shall not be years beginning after December 31, 2009. (B) of section 45(d)(8) are each amended by reduced by the amount of any payment made striking ‘‘January 1, 2010’’ and inserting SEC. 114. CONTRIBUTIONS OF CAPITAL GAIN under this subsection. REAL PROPERTY MADE FOR CON- ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE ‘‘January 1, 2011’’. SERVATION PURPOSES. LOW-INCOME BUILDINGS.—The Secretary shall (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Clause (vi) of section pay to the housing credit agency of each made by this section shall apply to facilities 170(b)(1)(E) is amended by striking ‘‘Decem- State an amount equal to the credit allowed placed in service after December 31, 2009. ber 31, 2009’’ and inserting ‘‘December 31, under paragraph (1). Rules similar to the SEC. 105. CREDIT FOR PRODUCTION OF LOW SUL- 2010’’. FUR DIESEL FUEL. (b) CONTRIBUTIONS BY CERTAIN CORPORATE rules of subsections (c) and (d) of section 1602 (a) APPLICABLE PERIOD.—Paragraph (4) of FARMERS AND RANCHERS.—Clause (iii) of sec- of the American Recovery and Reinvestment section 45H(c) is amended by striking ‘‘De- tion 170(b)(2)(B) is amended by striking ‘‘De- Tax Act of 2009 shall apply with respect to cember 31, 2009’’ and inserting ‘‘December 31, cember 31, 2009’’ and inserting ‘‘December 31, any payment made under this paragraph, ex- 2010’’. 2010’’. cept that such subsection (d) shall be applied (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendments by substituting ‘January 1, 2012’ for ‘January made by this section shall take effect as if made by this section shall apply to contribu- 1, 2011’.’’. included in section 339 of the American Jobs tions made in taxable years beginning after (b) CONFORMING AMENDMENT.—Section Creation Act of 2004. December 31, 2009. 1324(b)(2) of title 31, United States Code, is SEC. 115. ABOVE-THE-LINE DEDUCTION FOR amended by inserting ‘‘42(n),’’ after ‘‘36A,’’. SEC. 106. CREDIT FOR PRODUCING FUEL FROM QUALIFIED TUITION AND RELATED COKE OR COKE GAS. Subtitle C—Business Tax Relief EXPENSES. N ENERAL SEC. 131. RESEARCH CREDIT. (a) I G .—Paragraph (1) of section (a) IN GENERAL.—Subsection (e) of section 45K(g) is amended by striking ‘‘January 1, 222 is amended by striking ‘‘December 31, (a) IN GENERAL.—Subparagraph (B) of sec- 2010’’ and inserting ‘‘January 1, 2011’’. 2009’’ and inserting ‘‘December 31, 2010’’. tion 41(h)(1) is amended by striking ‘‘Decem- (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment ber 31, 2009’’ and inserting ‘‘December 31, made by this section shall apply to facilities made by this section shall apply to taxable 2010’’. placed in service after December 31, 2009. years beginning after December 31, 2009. (b) CONFORMING AMENDMENT.—Subpara- SEC. 107. NEW ENERGY EFFICIENT HOME CREDIT. SEC. 116. TAX-FREE DISTRIBUTIONS FROM INDI- graph (D) of section 45C(b)(1) is amended by (a) IN GENERAL.—Subsection (g) of section VIDUAL RETIREMENT PLANS FOR striking ‘‘December 31, 2009’’ and inserting 45L is amended by striking ‘‘December 31, CHARITABLE PURPOSES. ‘‘December 31, 2010’’. 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Subparagraph (F) of sec- (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment tion 408(d)(8) is amended by striking ‘‘De- made by this section shall apply to amounts made by this section shall apply to homes cember 31, 2009’’ and inserting ‘‘December 31, paid or incurred after December 31, 2009. acquired after December 31, 2009. 2010’’. SEC. 132. INDIAN EMPLOYMENT TAX CREDIT. (b) EFFECTIVE DATE.—The amendment SEC. 108. EXCISE TAX CREDITS AND OUTLAY PAY- (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to distribu- 45A is amended by striking ‘‘December 31, MENTS FOR ALTERNATIVE FUEL tions made in taxable years beginning after AND ALTERNATIVE FUEL MIXTURES. 2009’’ and inserting ‘‘December 31, 2010’’. December 31, 2009 (a) IN GENERAL.—Sections 6426(d)(5), (b) EFFECTIVE DATE.—The amendment SEC. 117. LOOK-THRU OF CERTAIN REGULATED made by this section shall apply to taxable 6426(e)(3), and 6427(e)(6)(C) are each amended INVESTMENT COMPANY STOCK IN by striking ‘‘December 31, 2009’’ and insert- DETERMINING GROSS ESTATE OF years beginning after December 31, 2009. ing ‘‘December 31, 2010’’. NONRESIDENTS. SEC. 133. NEW MARKETS TAX CREDIT. (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Paragraph (3) of section (a) IN GENERAL.—Subparagraph (F) of sec- made by this section shall apply to fuel sold 2105(d) is amended by striking ‘‘December 31, tion 45D(f)(1) is amended by inserting ‘‘and or used after December 31, 2009. 2009’’ and inserting ‘‘December 31, 2010’’. 2010’’ after ‘‘2009’’.

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(b) CONFORMING AMENDMENT.—Paragraph SEC. 142. ENHANCED CHARITABLE DEDUCTION (1) Subparagraph (I) of section 856(c)(2) is (3) of section 45D(f) is amended by striking FOR CONTRIBUTIONS OF BOOK IN- amended by striking ‘‘the first taxable year ‘‘2014’’ and inserting ‘‘2015’’. VENTORIES TO PUBLIC SCHOOLS. beginning after the date of the enactment of (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Clause (iv) of section this subparagraph’’ and inserting ‘‘in a tax- made by this section shall apply to calendar 170(e)(3)(D) is amended by striking ‘‘Decem- able year beginning on or before the termi- years beginning after 2009. ber 31, 2009’’ and inserting ‘‘December 31, nation date’’. SEC. 134. RAILROAD TRACK MAINTENANCE CRED- 2010’’. (2) Clause (iii) of section 856(c)(5)(H) is IT. (b) EFFECTIVE DATE.—The amendment amended by inserting ‘‘in taxable years be- (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to contribu- ginning’’ after ‘‘dispositions’’. 45G is amended by striking ‘‘January 1, 2010’’ tions made after December 31, 2009. (3) Clause (v) of section 857(b)(6)(D) is and inserting ‘‘January 1, 2011’’. SEC. 143. ENHANCED CHARITABLE DEDUCTION amended by inserting ‘‘in a taxable year be- (b) EFFECTIVE DATE.—The amendment FOR CORPORATE CONTRIBUTIONS ginning’’ after ‘‘sale’’. made by this section shall apply to expendi- OF COMPUTER INVENTORY FOR (4) Subparagraph (G) of section 857(b)(6) is EDUCATIONAL PURPOSES. tures paid or incurred in taxable years begin- amended by inserting ‘‘in a taxable year be- (a) IN GENERAL.—Subparagraph (G) of sec- ning after December 31, 2009. ginning’’ after ‘‘In the case of a sale’’. tion 170(e)(6) is amended by striking ‘‘De- SEC. 135. MINE RESCUE TEAM TRAINING CREDIT. (c) EFFECTIVE DATE.—The amendments cember 31, 2009’’ and inserting ‘‘December 31, (a) IN GENERAL.—Subsection (e) of section made by this section shall apply to taxable 2010’’. 45N is amended by striking ‘‘December 31, years ending after May 22, 2009. 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendment SEC. 151. TREATMENT OF CERTAIN DIVIDENDS (b) EFFECTIVE DATE.—The amendment made by this section shall apply to contribu- tions made in taxable years beginning after AND ASSETS OF REGULATED IN- made by this section shall apply to taxable VESTMENT COMPANIES. December 31, 2009. years beginning after December 31, 2009. (a) IN GENERAL.—Paragraphs (1)(C) and SEC. 136. EMPLOYER WAGE CREDIT FOR EMPLOY- SEC. 144. ELECTION TO EXPENSE MINE SAFETY (2)(C) of section 871(k) are each amended by EQUIPMENT. EES WHO ARE ACTIVE DUTY MEM- striking ‘‘December 31, 2009’’ and inserting BERS OF THE UNIFORMED SERV- (a) IN GENERAL.—Subsection (g) of section ‘‘December 31, 2010’’. ICES. 179E is amended by striking ‘‘December 31, (a) IN GENERAL.—Subsection (f) of section (b) EFFECTIVE DATE.—The amendments 2009’’ and inserting ‘‘December 31, 2010’’. made by this section shall apply to taxable 45P is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2009. 2009’’ and inserting ‘‘December 31, 2010’’. made by this section shall apply to property (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2009. SEC. 152. RIC QUALIFIED INVESTMENT ENTITY made by this section shall apply to payments TREATMENT UNDER FIRPTA. SEC. 145. SPECIAL EXPENSING RULES FOR CER- (a) IN GENERAL.—Clause (ii) of section made after December 31, 2009. TAIN FILM AND TELEVISION PRO- SEC. 137. 5-YEAR DEPRECIATION FOR FARMING DUCTIONS. 897(h)(4)(A) is amended by striking ‘‘Decem- ber 31, 2009’’ and inserting ‘‘December 31, BUSINESS MACHINERY AND EQUIP- (a) IN GENERAL.—Subsection (f) of section MENT. 181 is amended by striking ‘‘December 31, 2010’’. (a) IN GENERAL.—Clause (vii) of section 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.— 168(e)(3)(B) is amended by striking ‘‘January (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—The amendment made by 1, 2010’’ and inserting ‘‘January 1, 2011’’. made by this section shall apply to produc- subsection (a) shall take effect on January 1, (b) EFFECTIVE DATE.—The amendment tions commencing after December 31, 2009. 2010. Notwithstanding the preceding sen- made by this section shall apply to property tence, such amendment shall not apply with placed in service after December 31, 2009. SEC. 146. EXPENSING OF ENVIRONMENTAL REME- DIATION COSTS. respect to the withholding requirement SEC. 138. 15-YEAR STRAIGHT-LINE COST RECOV- under section 1445 of the Internal Revenue ERY FOR QUALIFIED LEASEHOLD (a) IN GENERAL.—Subsection (h) of section 198 is amended by striking ‘‘December 31, Code of 1986 for any payment made before IMPROVEMENTS, QUALIFIED RES- the date of the enactment of this Act. TAURANT BUILDINGS AND IMPROVE- 2009’’ and inserting ‘‘December 31, 2010’’. (2) AMOUNTS WITHHELD ON OR BEFORE DATE MENTS, AND QUALIFIED RETAIL IM- (b) EFFECTIVE DATE.—The amendment PROVEMENTS. made by this section shall apply to expendi- OF ENACTMENT.—In the case of a regulated in- (a) IN GENERAL.—Clauses (iv), (v), and (ix) tures paid or incurred after December 31, vestment company— of section 168(e)(3)(E) are each amended by 2009. (A) which makes a distribution after De- striking ‘‘January 1, 2010’’ and inserting cember 31, 2009, and before the date of the en- SEC. 147. DEDUCTION ALLOWABLE WITH RE- actment of this Act, and ‘‘January 1, 2011’’. SPECT TO INCOME ATTRIBUTABLE (b) CONFORMING AMENDMENTS.— TO DOMESTIC PRODUCTION ACTIVI- (B) which would (but for the second sen- (1) Clause (i) of section 168(e)(7)(A) is TIES IN PUERTO RICO. tence of paragraph (1)) have been required to amended by striking ‘‘if such building is (a) IN GENERAL.—Subparagraph (C) of sec- withhold with respect to such distribution placed in service after December 31, 2008, and tion 199(d)(8) is amended— under section 1445 of such Code, before January 1, 2010,’’. (1) by striking ‘‘first 4 taxable years’’ and such investment company shall not be liable (2) Paragraph (8) of section 168(e) is amend- inserting ‘‘first 5 taxable years’’, and to any person to whom such distribution was ed by striking subparagraph (E). (2) by striking ‘‘January 1, 2010’’ and in- made for any amount so withheld and paid (c) EFFECTIVE DATE.—The amendments serting ‘‘January 1, 2011’’. over to the Secretary of the Treasury. made by this section shall apply to property (b) EFFECTIVE DATE.—The amendments SEC. 153. EXCEPTIONS FOR ACTIVE FINANCING placed in service after December 31, 2009. made by this section shall apply to taxable INCOME. SEC. 139. 7-YEAR RECOVERY PERIOD FOR MOTOR- years beginning after December 31, 2009. (a) IN GENERAL.—Sections 953(e)(10) and SPORTS ENTERTAINMENT COM- SEC. 148. MODIFICATION OF TAX TREATMENT OF 954(h)(9) are each amended by striking ‘‘Jan- PLEXES. CERTAIN PAYMENTS TO CONTROL- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (a) IN GENERAL.—Subparagraph (D) of sec- LING EXEMPT ORGANIZATIONS. (b) CONFORMING AMENDMENT.—Section tion 168(i)(15) is amended by striking ‘‘De- (a) IN GENERAL.—Clause (iv) of section 953(e)(10) is amended by striking ‘‘December cember 31, 2009’’ and inserting ‘‘December 31, 512(b)(13)(E) is amended by striking ‘‘Decem- 31, 2009’’ and inserting ‘‘December 31, 2010’’. 2010’’. ber 31, 2009’’ and inserting ‘‘December 31, (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment 2010’’. made by this section shall apply to property made by this section shall apply to taxable (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2009. years of foreign corporations beginning after made by this section shall apply to payments December 31, 2009, and to taxable years of SEC. 140. ACCELERATED DEPRECIATION FOR received or accrued after December 31, 2009. BUSINESS PROPERTY ON AN INDIAN United States shareholders with or within RESERVATION. SEC. 149. EXCLUSION OF GAIN OR LOSS ON SALE which any such taxable year of such foreign OR EXCHANGE OF CERTAIN (a) IN GENERAL.—Paragraph (8) of section corporation ends. BROWNFIELD SITES FROM UNRE- 168(j) is amended by striking ‘‘December 31, LATED BUSINESS INCOME. SEC. 154. LOOK-THRU TREATMENT OF PAYMENTS 2009’’ and inserting ‘‘December 31, 2010’’. BETWEEN RELATED CONTROLLED (a) IN GENERAL.—Subparagraph (K) of sec- (b) EFFECTIVE DATE.—The amendment FOREIGN CORPORATIONS UNDER tion 512(b)(19) is amended by striking ‘‘De- made by this section shall apply to property FOREIGN PERSONAL HOLDING COM- cember 31, 2009’’ and inserting ‘‘December 31, placed in service after December 31, 2009. PANY RULES. 2010’’. SEC. 141. ENHANCED CHARITABLE DEDUCTION (a) IN GENERAL.—Subparagraph (C) of sec- (b) EFFECTIVE DATE.—The amendment FOR CONTRIBUTIONS OF FOOD IN- tion 954(c)(6) is amended by striking ‘‘Janu- VENTORY. made by this section shall apply to property ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (a) IN GENERAL.—Clause (iv) of section acquired after December 31, 2009. (b) EFFECTIVE DATE.—The amendment 170(e)(3)(C) is amended by striking ‘‘Decem- SEC. 150. TIMBER REIT MODERNIZATION. made by this section shall apply to taxable ber 31, 2009’’ and inserting ‘‘December 31, (a) IN GENERAL.—Paragraph (8) of section years of foreign corporations beginning after 2010’’. 856(c) is amended by striking ‘‘means’’ and December 31, 2009, and to taxable years of (b) EFFECTIVE DATE.—The amendment all that follows and inserting ‘‘means De- United States shareholders with or within made by this section shall apply to contribu- cember 31, 2010.’’. which any such taxable year of such foreign tions made after December 31, 2009. (b) CONFORMING AMENDMENTS.— corporation ends.

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SEC. 155. REDUCTION IN CORPORATE RATE FOR (d) FIRST-TIME HOMEBUYER CREDIT.—Sub- (B) CONFORMING AMENDMENT.—The amend- QUALIFIED TIMBER GAIN. section (i) of section 1400C is amended by ment made by subsection (c)(2) shall apply to (a) IN GENERAL.—Paragraph (1) of section striking ‘‘January 1, 2010’’ and inserting calendar years beginning after December 31, 1201(b) is amended by striking ‘‘ending’’ and ‘‘January 1, 2011’’. 2009. all that follows through ‘‘such date’’. (e) EFFECTIVE DATES.— SEC. 160. TEMPORARY INCREASE IN LIMIT ON (b) CONFORMING AMENDMENT.—Paragraph (1) IN GENERAL.—Except as otherwise pro- COVER OVER OF RUM EXCISE TAXES (3) of section 1201(b) is amended to read as vided in this subsection, the amendments TO PUERTO RICO AND THE VIRGIN follows: made by this section shall apply to periods ISLANDS. ‘‘(3) APPLICATION OF SUBSECTION.—The after December 31, 2009. (a) IN GENERAL.—Paragraph (1) of section qualified timber gain for any taxable year (2) TAX-EXEMPT DC EMPOWERMENT ZONE 7652(f) is amended by striking ‘‘January 1, shall not exceed the qualified timber gain BONDS.—The amendment made by subsection 2010’’ and inserting ‘‘January 1, 2011’’. which would be determined by not taking (b) shall apply to bonds issued after Decem- (b) EFFECTIVE DATE.—The amendment into account any portion of such taxable ber 31, 2009. made by this section shall apply to distilled year after December 31, 2010.’’. (3) ACQUISITION DATES FOR ZERO-PERCENT spirits brought into the United States after (c) EFFECTIVE DATE.—The amendments CAPITAL GAINS RATE.—The amendments made December 31, 2009. made by this section shall apply to taxable by subsection (c) shall apply to property ac- SEC. 161. AMERICAN SAMOA ECONOMIC DEVEL- years ending after May 22, 2009. quired or substantially improved after De- OPMENT CREDIT. SEC. 156. BASIS ADJUSTMENT TO STOCK OF S cember 31, 2009. (a) IN GENERAL.—Subsection (d) of section CORPS MAKING CHARITABLE CON- (4) HOMEBUYER CREDIT.—The amendment 119 of division A of the Tax Relief and Health TRIBUTIONS OF PROPERTY. made by subsection (d) shall apply to homes Care Act of 2006 is amended— (a) IN GENERAL.—Paragraph (2) of section purchased after December 31, 2009. (1) by striking ‘‘first 4 taxable years’’ and 1367(a) is amended by striking ‘‘December 31, SEC. 159. RENEWAL COMMUNITY TAX INCEN- inserting ‘‘first 5 taxable years’’, and 2009’’ and inserting ‘‘December 31, 2010’’. TIVES. (2) by striking ‘‘January 1, 2010’’ and in- (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subsection (b) of section serting ‘‘January 1, 2011’’. made by this section shall apply to contribu- 1400E is amended— (b) EFFECTIVE DATE.—The amendments tions made in taxable years beginning after (1) by striking ‘‘December 31, 2009’’ in para- made by this section shall apply to taxable December 31, 2009. graphs (1)(A) and (3) and inserting ‘‘Decem- years beginning after December 31, 2009. SEC. 157. EMPOWERMENT ZONE TAX INCENTIVES. ber 31, 2010’’, and Subtitle D—Temporary Disaster Relief (a) IN GENERAL.—Section 1391 is amended— (2) by striking ‘‘January 1, 2010’’ in para- Provisions (1) by striking ‘‘December 31, 2009’’ in sub- graph (3) and inserting ‘‘January 1, 2011’’. PART I—NATIONAL DISASTER RELIEF section (d)(1)(A)(i) and inserting ‘‘December (b) ZERO-PERCENT CAPITAL GAINS RATE.— SEC. 171. WAIVER OF CERTAIN MORTGAGE REV- 31, 2010’’, and (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), ENUE BOND REQUIREMENTS. (2) by striking the last sentence of sub- (3)(A), (4)(A)(i), and (4)(B)(i) of section (a) IN GENERAL.—Paragraph (11) of section section (h)(2). 1400F(b) are each amended by striking ‘‘Jan- 143(k) is amended by striking ‘‘January 1, (b) INCREASED EXCLUSION OF GAIN ON STOCK uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. 2010’’ and inserting ‘‘January 1, 2011’’. OF EMPOWERMENT ZONE BUSINESSES.—Sub- (2) LIMITATION ON PERIOD OF GAINS.—Para- (b) SPECIAL RULE FOR RESIDENCES DE- paragraph (C) of section 1202(a)(2) is amend- graph (2) of section 1400F(c) is amended— STROYED IN FEDERALLY DECLARED DISAS- ed— (A) by striking ‘‘December 31, 2014’’ and in- TERS.—Paragraph (13) of section 143(k), as re- (1) by striking ‘‘December 31, 2014’’ and in- serting ‘‘December 31, 2015’’, and designated by subsection (c), is amended by serting ‘‘December 31, 2015’’, and (B) by striking ‘‘2014’’ in the heading and in- striking ‘‘January 1, 2010’’ in subparagraphs (2) by striking ‘‘2014’’ in the heading and in- serting ‘‘2015’’. (A)(i) and (B)(i) and inserting ‘‘January 1, serting ‘‘2015’’. (3) CLERICAL AMENDMENT.—Subsection (d) 2011’’. (c) TREATMENT OF CERTAIN TERMINATION of section 1400F is amended by striking ‘‘and (c) TECHNICAL AMENDMENT.—Subsection (k) DATES SPECIFIED IN NOMINATIONS.—In the ‘December 31, 2014’ for ‘December 31, 2014’ ’’. of section 143 is amended by redesignating case of a designation of an empowerment (c) COMMERCIAL REVITALIZATION DEDUC- the second paragraph (12) (relating to special zone the nomination for which included a TION.— rules for residences destroyed in federally termination date which is contemporaneous (1) IN GENERAL.—Subsection (g) of section declared disasters) as paragraph (13). with the date specified in subparagraph 1400I is amended by striking ‘‘December 31, (d) EFFECTIVE DATES.— (A)(i) of section 1391(d)(1) of the Internal 2009’’ and inserting ‘‘December 31, 2010’’. (1) IN GENERAL.—Except as otherwise pro- Revenue Code of 1986 (as in effect before the (2) CONFORMING AMENDMENT.—Subpara- vided in this subsection, the amendment enactment of this Act), subparagraph (B) of graph (A) of section 1400I(d)(2) is amended by made by this section shall apply to bonds such section shall not apply with respect to striking ‘‘after 2001 and before 2010’’ and in- issued after December 31, 2009. such designation unless, after the date of the serting ‘‘which begins after 2001 and before (2) RESIDENCES DESTROYED IN FEDERALLY enactment of this section, the entity which the date referred to in subsection (g)’’. DECLARED DISASTERS.—The amendments made such nomination reconfirms such ter- (d) INCREASED EXPENSING UNDER SECTION made by subsection (b) shall apply with re- mination date, or amends the nomination to 179.—Subparagraph (A) of section 1400J(b)(1) spect to disasters occurring after December provide for a new termination date, in such is amended by striking ‘‘January 1, 2010’’ and 31, 2009. manner as the Secretary of the Treasury (or inserting ‘‘January 1, 2011’’. (3) TECHNICAL AMENDMENT.—The amend- the Secretary’s designee) may provide. (e) TREATMENT OF CERTAIN TERMINATION ment made by subsection (c) shall take ef- (d) EFFECTIVE DATE.—The amendments DATES SPECIFIED IN NOMINATIONS.—In the fect as if included in section 709 of the Tax made by this section shall apply to periods case of a designation of a renewal commu- Extenders and Alternative Minimum Tax Re- after December 31, 2009. nity the nomination for which included a lief Act of 2008. SEC. 158. TAX INCENTIVES FOR INVESTMENT IN termination date which is contemporaneous SEC. 172. LOSSES ATTRIBUTABLE TO FEDERALLY THE DISTRICT OF COLUMBIA. with the date specified in subparagraph (A) DECLARED DISASTERS. (a) IN GENERAL.—Subsection (f) of section of section 1400E(b)(1) of the Internal Revenue (a) IN GENERAL.—Subclause (I) of section 1400 is amended by striking ‘‘December 31, Code of 1986 (as in effect before the enact- 165(h)(3)(B)(i) is amended by striking ‘‘Janu- 2009’’ each place it appears and inserting ment of this Act), subparagraph (B) of such ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘December 31, 2010’’. section shall not apply with respect to such (b) $500 LIMITATION.—Paragraph (1) of sec- (b) TAX-EXEMPT DC EMPOWERMENT ZONE designation unless, after the date of the en- tion 165(h) is amended by striking ‘‘Decem- BONDS.—Subsection (b) of section 1400A is actment of this section, the entity which ber 31, 2009’’ and inserting ‘‘December 31, amended by striking ‘‘December 31, 2009’’ and made such nomination reconfirms such ter- 2010’’. inserting ‘‘December 31, 2010’’. mination date, or amends the nomination to (c) EFFECTIVE DATE.— (c) ZERO-PERCENT CAPITAL GAINS RATE.— provide for a new termination date, in such (1) IN GENERAL.—The amendment made by (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), manner as the Secretary of the Treasury (or subsection (a) shall apply to federally de- (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section the Secretary’s designee) may provide. clared disasters occurring after December 31, 1400B(b) are each amended by striking ‘‘Jan- (f) EFFECTIVE DATES.— 2009. uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (1) IN GENERAL.—Except as otherwise pro- (2) $500 LIMITATION.—The amendment made (2) LIMITATION ON PERIOD OF GAINS.— vided in this subsection, the amendments by subsection (b) shall apply to taxable years (A) IN GENERAL.—Paragraph (2) of section made by this section shall apply to periods beginning after December 31, 2009. 1400B(e) is amended— after December 31, 2009. SEC. 173. SPECIAL DEPRECIATION ALLOWANCE (i) by striking ‘‘December 31, 2014’’ and in- (2) ACQUISITIONS.—The amendments made FOR QUALIFIED DISASTER PROP- serting ‘‘December 31, 2015’’, and by subsections (b)(1) and (d) shall apply to ERTY. (ii) by striking ‘‘2014’’ in the heading and acquisitions after December 31, 2009. (a) IN GENERAL.—Subclause (I) of section inserting ‘‘2015’’. (3) COMMERCIAL REVITALIZATION DEDUC- 168(n)(2)(A)(ii) is amended by striking ‘‘Janu- (B) PARTNERSHIPS AND S-CORPS.—Paragraph TION.— ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (2) of section 1400B(g) is amended by striking (A) IN GENERAL.—The amendment made by (b) EFFECTIVE DATE.—The amendment ‘‘December 31, 2014’’ and inserting ‘‘Decem- subsection (c)(1) shall apply to buildings made by this section shall apply to disasters ber 31, 2015’’. placed in service after December 31, 2009. occurring after December 31, 2009.

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NET OPERATING LOSSES ATTRIB- (Public Law 110-343; 122 Stat. 3918) is amend- sists of a reduction of hours followed by such UTABLE TO FEDERALLY DECLARED ed by striking ‘‘January 1, 2010’’ and insert- an involuntary termination of employment DISASTERS. ing ‘‘January 1, 2011’’. during such period’’; (a) IN GENERAL.—Subclause (I) of section (b) EFFECTIVE DATE.—The amendments (B) in paragraph (16)— 172(j)(1)(A)(i) is amended by striking ‘‘Janu- made by this section shall apply to dis- (i) by striking clause (ii) of subparagraph ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. charges of indebtedness after December 31, (A), and inserting the following: (b) EFFECTIVE DATE.—The amendment 2009. ‘‘(ii) such individual pays, by the latest of made by this section shall apply to losses at- TITLE II—UNEMPLOYMENT INSURANCE, 60 days after the date of the enactment of tributable to disasters occurring after De- HEALTH, AND OTHER PROVISIONS this paragraph, 30 days after the date of pro- cember 31, 2009. Subtitle A—Unemployment Insurance vision of the notification required under sub- SEC. 175. EXPENSING OF QUALIFIED DISASTER paragraph (D)(ii), or the period described in EXPENSES. SEC. 201. EXTENSION OF UNEMPLOYMENT INSUR- ANCE PROVISIONS. section 4980B(f)(2)(B)(iii) of the Internal Rev- (a) IN GENERAL.—Subparagraph (A) of sec- enue Code of 1986, the amount of such pre- tion 198A(b)(2) is amended by striking ‘‘Janu- (a) IN GENERAL.—(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Pub- mium, after the application of paragraph ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (1)(A).’’; and (b) EFFECTIVE DATE.—The amendment lic Law 110–252; 26 U.S.C. 3304 note) is amend- (ii) by striking subclause (I) of subpara- made by this section shall apply to expendi- ed— graph (C)(i), and inserting the following: tures on account of disasters occurring after (A) by striking ‘‘February 28, 2010’’ each ‘‘(I) such assistance eligible individual ex- December 31, 2009. place it appears and inserting ‘‘December 31, 2010’’; perienced an involuntary termination that PART II—REGIONAL PROVISIONS (B) in the heading for subsection (b)(2), by was a qualifying event prior to the date of Subpart A—New York Liberty Zone striking ‘‘FEBRUARY 28, 2010’’ and inserting enactment of the Department of Defense Ap- SEC. 181. SPECIAL DEPRECIATION ALLOWANCE ‘‘DECEMBER 31, 2010’’; and propriations Act, 2010; and’’; and FOR NONRESIDENTIAL AND RESI- (C) in subsection (b)(3), by striking ‘‘July (C) by adding at the end the following: DENTIAL REAL PROPERTY. 31, 2010’’ and inserting ‘‘May 31, 2011’’. ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS (a) IN GENERAL.—Subparagraph (A) of sec- (2) Section 2002(e) of the Assistance for Un- LOSING COVERAGE BECAUSE OF A REDUCTION OF tion 1400L(b)(2) is amended by striking ‘‘De- employed Workers and Struggling Families HOURS.— cember 31, 2009’’ and inserting ‘‘December 31, Act, as contained in Public Law 111–5 (26 ‘‘(A) NEW ELECTION PERIOD.— 2010’’. U.S.C. 3304 note; 123 Stat. 438), is amended— ‘‘(i) IN GENERAL.—For purposes of the (b) EFFECTIVE DATE.—The amendment (A) in paragraph (1)(B), by striking ‘‘Feb- COBRA continuation provisions, in the case made by this section shall apply to property ruary 28, 2010’’ and inserting ‘‘December 31, of an individual described in subparagraph placed in service after December 31, 2009. 2010’’; (C) who did not make (or who made and dis- SEC. 182. TAX-EXEMPT BOND FINANCING. (B) in the heading for paragraph (2), by continued) an election of COBRA continu- (a) IN GENERAL.—Subparagraph (D) of sec- striking ‘‘FEBRUARY 28, 2010’’ and inserting ation coverage on the basis of the reduction tion 1400L(d)(2) is amended by striking ‘‘Jan- ‘‘DECEMBER 31, 2010’’; and of hours of employment, the involuntary ter- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (C) in paragraph (3), by striking ‘‘August mination of employment of such individual (b) EFFECTIVE DATE.—The amendment 31, 2010’’ and inserting ‘‘June 30, 2011’’. after the date of the enactment of the Amer- made by this section shall apply to bonds (3) Section 2005 of the Assistance for Unem- ican Workers, State, and Business Relief Act issued after December 31, 2009. ployed Workers and Struggling Families of 2010 shall be treated as a qualifying event. Subpart B—GO Zone Act, as contained in Public Law 111–5 (26 ‘‘(ii) COUNTING COBRA DURATION PERIOD U.S.C. 3304 note; 123 Stat. 444), is amended— FROM PREVIOUS QUALIFYING EVENT.—In any SEC. 183. SPECIAL DEPRECIATION ALLOWANCE. (A) by striking ‘‘February 28, 2010’’ each case of an individual referred to in clause (i), (a) IN GENERAL.—Paragraph (6) of section place it appears and inserting ‘‘January 1, the period of such individual’s continuation 1400N(d)(6) is amended by striking subpara- 2011’’; and coverage shall be determined as though the graph (D). (B) in subsection (c), by striking ‘‘July 31, qualifying event were the reduction of hours (b) EFFECTIVE DATE.—The amendment 2010’’ and inserting ‘‘June 1, 2011’’. of employment. made by this section shall apply to property (4) Section 5 of the Unemployment Com- ‘‘(iii) CONSTRUCTION.—Nothing in this para- placed in service after December 31, 2009. pensation Extension Act of 2008 (Public Law graph shall be construed as requiring an in- SEC. 184. INCREASE IN REHABILITATION CREDIT. 110–449; 26 U.S.C. 3304 note) is amended by dividual referred to in clause (i) to make a (a) IN GENERAL.—Subsection (h) of section striking ‘‘July 31, 2010’’ and inserting ‘‘May payment for COBRA continuation coverage 1400N is amended by striking ‘‘December 31, 31, 2011’’. between the reduction of hours and the in- 2009’’ and inserting ‘‘December 31, 2010’’. (b) FUNDING.—Section 4004(e)(1) of the Sup- voluntary termination of employment. (b) EFFECTIVE DATE.—The amendment plemental Appropriations Act, 2008 (Public ‘‘(iv) PREEXISTING CONDITIONS.—With re- made by this section shall apply to amounts Law 110–252; 26 U.S.C. 3304 note) is amended— spect to an individual referred to in clause paid or incurred after December 31, 2009. (1) in subparagraph (B), by striking ‘‘and’’ (i) who elects COBRA continuation coverage SEC. 185. WORK OPPORTUNITY TAX CREDIT WITH at the end; pursuant to such clause, rules similar to the RESPECT TO CERTAIN INDIVIDUALS (2) in subparagraph (C), by striking ‘‘1009’’ rules in paragraph (4)(C) shall apply. AFFECTED BY HURRICANE KATRINA and inserting ‘‘1009(a)(1)’’; and ‘‘(B) NOTICES.—In the case of an individual FOR EMPLOYERS INSIDE DISASTER (3) by inserting after subparagraph (C) the described in subparagraph (C), the adminis- AREAS. following new subparagraph: trator of the group health plan (or other en- (a) IN GENERAL.—Paragraph (1) of section ‘‘(D) the amendments made by section tity) involved shall provide, during the 60- 201(b) of the Katrina Emergency Tax Relief 201(a)(1) of the American Workers, State, and day period beginning on the date of such in- Act of 2005 is amended by striking ‘‘4-year’’ Business Relief Act of 2010; and’’. dividual’s involuntary termination of em- and inserting ‘‘5-year’’. (c) EFFECTIVE DATE.—The amendments ployment, an additional notification de- (b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if scribed in paragraph (7)(A), including infor- made by subsection (a) shall apply to indi- included in the enactment of the Department mation on the provisions of this paragraph. viduals hired after August 27, 2009. of Defense Appropriations Act, 2010 (Public Rules similar to the rules of paragraph (7) Subpart C—Midwestern Disaster Areas Law 111–118). shall apply with respect to such notification. SEC. 191. SPECIAL RULES FOR USE OF RETIRE- Subtitle B—Health Provisions ‘‘(C) INDIVIDUALS DESCRIBED.—Individuals MENT FUNDS. SEC. 211. EXTENSION AND IMPROVEMENT OF described in this subparagraph are individ- (a) IN GENERAL.—Section 702(d)(10) of the PREMIUM ASSISTANCE FOR COBRA uals who are assistance eligible individuals Heartland Disaster Tax Relief Act of 2008 BENEFITS. on the basis of a qualifying event consisting (Public Law 110-343; 122 Stat. 3918) is amend- (a) EXTENSION OF ELIGIBILITY PERIOD.— of a reduction of hours occurring during the ed— Subsection (a)(3)(A) of section 3001 of divi- period described in paragraph (3)(A) followed (1) by striking ‘‘January 1, 2010’’ both sion B of the American Recovery and Rein- by an involuntary termination of employ- places it appears and inserting ‘‘January 1, vestment Act of 2009 (Public Law 111–5) is ment insofar as such involuntary termi- 2011’’, and amended by striking ‘‘February 28, 2010’’ and nation of employment occurred after the (2) by striking ‘‘December 31, 2009’’ both inserting ‘‘December 31, 2010’’. date of the enactment of the American places it appears and inserting ‘‘December (b) CLARIFICATIONS RELATING TO SECTION Workers, State, and Business Relief Act of 31, 2010’’. 3001 OF ARRA.— 2010.’’. (b) EFFECTIVE DATE.—The amendments (1) CLARIFICATION REGARDING COBRA CON- (2) CLARIFICATION OF PERIOD OF ASSIST- made by this section shall take effect as if TINUATION RESULTING FROM REDUCTIONS IN ANCE.—Subsection (a)(2)(A)(ii)(I) of such sec- included in section 702(d)(10) of the Heart- HOURS.—Subsection (a) of section 3001 of divi- tion is amended by striking ‘‘of the first land Disaster Tax Relief Act of 2008. sion B of the American Recovery and Rein- month’’. SEC. 192. EXCLUSION OF CANCELLATION OF vestment Act of 2009 (Public Law 111–5) is (3) ENFORCEMENT.—Subsection (a)(5) of MORTGAGE INDEBTEDNESS. amended— such section is amended by adding at the end (a) IN GENERAL.—Section 702(e)(4)(C) of the (A) in paragraph (3)(C), by inserting before the following: ‘‘In addition to civil actions Heartland Disaster Tax Relief Act of 2008 the period at the end the following: ‘‘or con- that may be brought to enforce applicable

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.088 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE March 3, 2010 provisions of such Act or other laws, the ap- ‘‘(ii) such individual pays, by the latest of ‘‘(II) effective with respect to items and propriate Secretary or an affected individual 60 days after the date of the enactment of services furnished on or after the date of the may bring a civil action to enforce such de- this paragraph, 30 days after the date of pro- enactment of this subparagraph, the Sec- terminations and for appropriate relief. In vision of the notification required under retary may apply to pharmacies quality addition, such Secretary may assess a pen- paragraph (16)(D)(ii) (as applied by subpara- standards and an accreditation requirement alty against a plan sponsor or health insur- graph (D) of this paragraph), or the period established by the Secretary that are an al- ance issuer of not more than $110 per day for described in section 4980B(f)(2)(B)(iii) of the ternative to the quality standards and ac- each failure to comply with such determina- Internal Revenue Code of 1986, the amount of creditation requirement otherwise applicable tion of such Secretary after 10 days after the such premium, after the application of para- under this paragraph if the Secretary deter- date of the plan sponsor’s or issuer’s receipt graph (1)(A). mines such alternative quality standards and of the determination.’’. ‘‘(B) REFUNDS AND CREDITS FOR RETRO- accreditation requirement are appropriate (4) AMENDMENTS RELATING TO SECTION 3001 ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In for pharmacies.’’; and OF ARRA.— the case of an assistance eligible individual (D) by adding at the end the following (A) Subsection (g) of section 35 is amended who pays, with respect to any period of flush sentence: by striking ‘‘section 3002(a) of the Health In- COBRA continuation coverage during such ‘‘If determined appropriate by the Secretary, surance Assistance for the Unemployed Act individual’s 2010 transition period, the pre- any alternative quality standards and ac- of 2009’’ and inserting ‘‘section 3001(a) of title mium amount for such coverage without re- creditation requirement established under III of division B of the American Recovery gard to paragraph (1)(A), rules similar to the clause (iii)(II) may differ for categories of and Reinvestment Act of 2009’’. rules of paragraph (12)(E) shall apply. pharmacies established by the Secretary (B) Section 139C is amended by striking ‘‘(C) 2101 TRANSITION PERIOD.— (such as pharmacies described in subpara- ‘‘section 3002 of the Health Insurance Assist- ‘‘(i) IN GENERAL.—For purposes of this graph (G)).’’; and ance for the Unemployed Act of 2009’’ and in- paragraph, the term ‘transition period’ (2) by adding at the end the following new serting ‘‘section 3001 of title III of division B means, with respect to any assistance eligi- subparagraph: of the American Recovery and Reinvestment ble individual, any period of coverage if— ‘‘(G) PHARMACY DESCRIBED.—A pharmacy Act of 2009’’. ‘‘(I) such assistance eligible individual ex- described in this subparagraph is a pharmacy (C) Section 6432 is amended— perienced an involuntary termination that that meets each of the following criteria: (i) in subsection (a), by striking ‘‘section was a qualifying event prior to the date of ‘‘(i) The total billings by the pharmacy for 3002(a) of the Health Insurance Assistance enactment of the American Workers, State, such items and services under this title are for the Unemployed Act of 2009’’ and insert- and Business Relief Act of 2010, and less than 5 percent of total pharmacy sales ing ‘‘section 3001(a) of title III of division B ‘‘(II) paragraph (1)(A) applies to such pe- for a previous period (of not less than 24 of the American Recovery and Reinvestment riod by reason of the amendments made by months) specified by the Secretary. Act of 2009’’; section 211 of the American Workers, State, ‘‘(ii) The pharmacy has been enrolled under (ii) in subsection (c)(3), by striking ‘‘sec- and Business Relief Act of 2010. section 1866(j) as a supplier of durable med- tion 3002(a)(1)(A) of such Act’’ in subsection ‘‘(ii) CONSTRUCTION.—Any period during the ical equipment, prosthetics, orthotics, and (c)(3) and inserting ‘‘section 3001(a)(1)(A) of period described in subclauses (I) and (II) of supplies, has been issued (which may include title III of division B of the American Recov- clause (i) for which the applicable premium the renewal of) a provider number for at ery and Reinvestment Act of 2009’’; and has been paid pursuant to subparagraph (A) least 2 years, and for which a final adverse (iii) by redesignating subsections (e) and (f) shall be treated as a period of coverage re- action (as defined in section 424.57(a) of title as subsections (f) and (g), respectively, and ferred to in such paragraph, irrespective of 42, Code of Federal Regulations) has not been inserting after subsection (d) the following any failure to timely pay the applicable pre- imposed in the past 2 years. new subsection:. mium (other than pursuant to subparagraph ‘‘(iii) The pharmacy submits to the Sec- ‘‘(e) EMPLOYER DETERMINATION OF QUALI- (A)) for such period. retary an attestation, in a form and manner, FYING EVENT AS INVOLUNTARY TERMI- ‘‘(D) NOTIFICATION.—Notification provi- and at a time, specified by the Secretary, NATION.—For purposes of this section, in any sions similar to the provisions of paragraph that the pharmacy meets the criteria de- case in which— (16)(E) shall apply for purposes of this para- scribed in clauses (i) and (ii). ‘‘(1) based on a reasonable interpretation of graph.’’. ‘‘(iv) The pharmacy agrees to submit mate- section 3001(a)(3)(C) of division B of the (d) EFFECTIVE DATE.—The amendments rials as requested by the Secretary, or dur- American Recovery and Reinvestment Act of made by this section shall take effect as if ing the course of an audit conducted on a 2009 and administrative guidance thereunder, included in the provisions of section 3001 of random sample of pharmacies selected annu- an employer determines that the qualifying division B of the American Recovery and Re- ally, to verify that the pharmacy meets the event with respect to COBRA continuation investment Act of 2009 to which they relate, criteria described in clauses (i) and (ii). Ma- coverage for an individual was involuntary except that— terials submitted under the preceding sen- termination of a covered employee’s employ- (1) the amendments made by subsections tence shall include a certification by an ment, and (b)(1) shall apply to periods of coverage be- independent accountant on behalf of the ‘‘(2) the employer maintains supporting ginning after the date of the enactment of pharmacy or the submission of tax returns documentation of the determination, includ- this Act; and filed by the pharmacy during the relevant ing an attestation by the employer of invol- (2) the amendments made by paragraphs (2) periods, as requested by the Secretary.’’. untary termination with respect to the cov- and (3) of subsection (b) shall take effect on (b) CONFORMING AMENDMENTS.—Section ered employee, the date of the enactment of this Act. 1834(a)(20)(E) of the Social Security Act (42 U.S.C. 1395m(a)(20)(E)) is amended— the qualifying event for the individual shall SEC. 212. EXTENSION OF THERAPY CAPS EXCEP- (1) in the first sentence, by striking ‘‘The’’ TIONS PROCESS. be deemed to be involuntary termination of and inserting ‘‘Except as provided in the Section 1833(g)(5) of the Social Security the covered employee’s employment.’’. third sentence, the’’; and Act (42 U.S.C. 1395l(g)(5)) is amended by (D) Subsection (a) of section 6720C is (2) by adding at the end the following new striking ‘‘December 31, 2009’’ and inserting amended by striking ‘‘section 3002(a)(2)(C) of sentences: ‘‘Notwithstanding the preceding ‘‘December 31, 2010’’. the Health Insurance Assistance for the Un- sentences, any alternative quality standards employed Act of 2009’’ and inserting ‘‘section SEC. 213. TREATMENT OF PHARMACIES UNDER and accreditation requirement established 3001(a)(2)(C) of title III of division B of the DURABLE MEDICAL EQUIPMENT AC- under subparagraph (F)(iii)(II) shall be estab- CREDITATION REQUIREMENTS. American Recovery and Reinvestment Act of lished through notice and comment rule- 2009’’. (a) IN GENERAL.—Section 1834(a)(20) of the making. The Secretary may implement by (c) RULES RELATING TO 2010 EXTENSION.— Social Security Act (42 U.S.C. 1395m(a)(20)) is program instruction or otherwise subpara- Subsection (a) of section 3001 of division B of amended— graph (G) after consultation with representa- the American Recovery and Reinvestment (1) in subparagraph (F)— tives of relevant parties. The specifications Act of 2009 (Public Law 111–5), as amended by (A) in clause (i)— developed by the Secretary in order to im- subsection (b)(1)(C), is further amended by (i) by striking ‘‘clause (ii)’’ and inserting plement subparagraph (G) shall be posted on adding at the end the following: ‘‘clauses (ii) and (iii)’’; the Internet website of the Centers for Medi- ‘‘(18) RULES RELATED TO 2010 EXTENSION.— (ii) by striking ‘‘January 1, 2010’’ and in- care & Medicaid Services.’’. ‘‘(A) ELECTION TO PAY PREMIUMS RETRO- serting ‘‘January 1, 2011’’; and (c) ADMINISTRATION.—Chapter 35 of title 44, ACTIVELY AND MAINTAIN COBRA COVERAGE.—In (iii) by striking ‘‘and’’ at the end; United States Code, shall not apply to this the case of any premium for a period of cov- (B) in clause (ii)(II), by striking the period section. erage during an assistance eligible individ- at the end and inserting ‘‘; and’’; (d) RULE OF CONSTRUCTION.—Nothing in the ual’s 2010 transition period, such individual (C) by inserting after clause (ii)(II) the fol- provisions of, or amendments made by, this shall be treated for purposes of any COBRA lowing new clause: section shall be construed as affecting the continuation provision as having timely paid ‘‘(iii)(I) subject to subclause (II), with re- application of an accreditation requirement the amount of such premium if— spect to items and services furnished on or for pharmacies to qualify for bidding in a ‘‘(i) such individual’s qualifying event was after January 1, 2011, the accreditation re- competitive acquisition area under section on or after March 1, 2010 and prior to the quirement of clause (i) shall not apply to a 1847 of the Social Security Act (42 U.S.C. date of enactment of this paragraph, and pharmacy described in subparagraph (G); and 1395w–3).

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(e) WAIVER OF 1-YEAR REENROLLMENT (b) PERMITTING ALL SOLE COMMUNITY HOS- amendment made by subsection (a), includ- BAR.—In the case of a pharmacy described in PITALS TO BE ELIGIBLE FOR HOLD HARM- ing (notwithstanding paragraph (3) of section subparagraph (G) of section 1834(a)(20) of the LESS.—Section 1833(t)(7)(D)(i)(III) of the So- 117(a) of the Medicare, Medicaid, and SCHIP Social Security Act, as added by subsection cial Security Act (42 U.S.C. Extension Act of 2007 (Public Law 110–173), as (a), whose billing privileges were revoked 1395l(t)(7)(D)(i)(III)) is amended by adding at amended by section 124(b) of the Medicare prior to January 1, 2011, by reason of non- the end the following new sentence: ‘‘In the Improvements for Patients and Providers compliance with subparagraph (F)(i) of such case of covered OPD services furnished on or Act of 2008 (Public Law 110–275)) for purposes section, the Secretary of Health and Human after January 1, 2010, and before January 1, of the implementation of paragraph (2) of Services shall waive any reenrollment bar 2011, the preceding sentence shall be applied such section 117(a), during fiscal year 2010, imposed pursuant to section 424.535(d) of without regard to the 100-bed limitation.’’. the Secretary of Health and Human Services title 42, Code of Federal Regulations (as in SEC. 219. EHR CLARIFICATION. (in this subsection referred to as the ‘‘Sec- effect on the date of the enactment of this (a) QUALIFICATION FOR CLINIC-BASED PHYSI- retary’’) shall use the hospital wage index Act) for such pharmacy to reapply for such CIANS.— that was promulgated by the Secretary in privileges. (1) MEDICARE.—Section 1848(o)(1)(C)(ii) of the Federal Register on August 27, 2009 (74 SEC. 214. ENHANCED PAYMENT FOR MENTAL the Social Security Act (42 U.S.C. 1395w– Fed. Reg. 43754), and any subsequent correc- HEALTH SERVICES. 4(o)(1)(C)(ii)) is amended by striking ‘‘setting tions. Section 138(a)(1) of the Medicare Improve- (whether inpatient or outpatient)’’ and in- SEC. 224. TECHNICAL CORRECTION RELATED TO ments for Patients and Providers Act of 2008 serting ‘‘inpatient or emergency room set- CRITICAL ACCESS HOSPITAL SERV- (Public Law 110–275) is amended by striking ting’’. ICES. ‘‘December 31, 2009’’ and inserting ‘‘Decem- (2) MEDICAID.—Section 1903(t)(3)(D) of the (a) IN GENERAL.—Subsections (g)(2)(A) and ber 31, 2010’’. Social Security Act (42 U.S.C. 1396b(t)(3)(D)) (l)(8) of section 1834 of the Social Security SEC. 215. EXTENSION OF AMBULANCE ADD-ONS. is amended by striking ‘‘setting (whether in- Act (42 U.S.C. 1395m) are each amended by (a) IN GENERAL.—Section 1834(l)(13) of the patient or outpatient)’’ and inserting ‘‘inpa- inserting ‘‘101 percent of’’ before ‘‘the rea- Social Security Act (42 U.S.C. 1395m(l)(13)) is tient or emergency room setting’’. sonable costs’’. amended— (b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments (1) in subparagraph (A)— made by subsection (a) shall be effective as if made by subsection (a) shall take effect as if (A) in the matter preceding clause (i), by included in the enactment of the HITECH included in the enactment of section 405(a) of striking ‘‘before January 1, 2010’’ and insert- Act (included in the American Recovery and the Medicare Prescription Drug, Improve- ing ‘‘before January 1, 2011’’; and Reinvestment Act of 2009 (Public Law 111–5)). ment, and Modernization Act of 2003 (Public (B) in each of clauses (i) and (ii), by strik- (c) IMPLEMENTATION.—Notwithstanding Law 108–173; 117 Stat. 2266). ing ‘‘before January 1, 2010’’ and inserting any other provision of law, the Secretary SEC. 225. EXTENSION FOR SPECIALIZED MA ‘‘before January 1, 2011’’. may implement the amendments made by PLANS FOR SPECIAL NEEDS INDI- (b) AIR AMBULANCE IMPROVEMENTS.—Sec- this section by program instruction or other- VIDUALS. tion 146(b)(1) of the Medicare Improvements wise. (a) IN GENERAL.—Section 1859(f)(1) of the for Patients and Providers Act of 2008 (Pub- SEC. 220. EXTENSION OF REIMBURSEMENT FOR Social Security Act (42 U.S.C. 1395w–28(f)(1)) lic Law 110–275) is amended by striking ‘‘end- ALL MEDICARE PART B SERVICES is amended by striking ‘‘2011’’ and inserting ing on December 31, 2009’’ and inserting FURNISHED BY CERTAIN INDIAN ‘‘2012’’. ‘‘ending on December 31, 2010’’. HOSPITALS AND CLINICS. (b) TEMPORARY EXTENSION OF AUTHORITY (c) SUPER RURAL AMBULANCE.—Section Section 1880(e)(1)(A) of the Social Security TO OPERATE BUT NO SERVICE AREA EXPAN- 1834(l)(12)(A) of the Social Security Act (42 Act (42 U.S.C. 1395qq(e)(1)(A)) is amended by SION FOR DUAL SPECIAL NEEDS PLANS THAT U.S.C. 1395m(l)(12)(A)) is amended— striking ‘‘5-year period’’ and inserting ‘‘6- DO NOT MEET CERTAIN REQUIREMENTS.—Sec- (1) in the first sentence, by striking ‘‘2010’’ year period’’. tion 164(c)(2) of the Medicare Improvements and inserting ‘‘2011’’; and SEC. 221. EXTENSION OF CERTAIN PAYMENT for Patients and Providers Act of 2008 (Pub- (2) by adding at the end the following new RULES FOR LONG-TERM CARE HOS- lic Law 110–275) is amended by striking ‘‘De- sentence: ‘‘For purposes of applying this sub- PITAL SERVICES AND OF MORATO- cember 31, 2010’’ and inserting ‘‘December 31, paragraph for ground ambulance services RIUM ON THE ESTABLISHMENT OF 2011’’. furnished on or after January 1, 2010, and be- CERTAIN HOSPITALS AND FACILI- TIES. SEC. 226. EXTENSION OF REASONABLE COST fore January 1, 2011, the Secretary shall use CONTRACTS. the percent increase that was applicable (a) EXTENSION OF CERTAIN PAYMENT RULES.—Section 114(c) of the Medicare, Med- Section 1876(h)(5)(C)(ii) of the Social Secu- under this subparagraph to ground ambu- rity Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is lance services furnished during 2009.’’. icaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), as amended by section amended, in the matter preceding subclause SEC. 216. EXTENSION OF GEOGRAPHIC FLOOR (I), by striking ‘‘January 1, 2010’’ and insert- FOR WORK. 4302(a) of the American Recovery and Rein- ing ‘‘January 1, 2011’’. Section 1848(e)(1)(E) of the Social Security vestment Act (Public Law 111–5), is amended Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by by striking ‘‘3-year period’’ each place it ap- SEC. 227. EXTENSION OF PARTICULAR WAIVER striking ‘‘before January 1, 2010’’ and insert- pears and inserting ‘‘4-year period’’. POLICY FOR EMPLOYER GROUP PLANS. ing ‘‘before January 1, 2011’’. (b) EXTENSION OF MORATORIUM.—Section 114(d)(1) of such Act (42 U.S.C. 1395ww note), For plan year 2011 and subsequent plan SEC. 217. EXTENSION OF PAYMENT FOR TECH- years, to the extent that the Secretary of NICAL COMPONENT OF CERTAIN as amended by section 4302(b) of the Amer- PHYSICIAN PATHOLOGY SERVICES. ican Recovery and Reinvestment Act (Public Health and Human Services is applying the Section 542(c) of the Medicare, Medicaid, Law 111–5), in the matter preceding subpara- 2008 service area extension waiver policy (as and SCHIP Benefits Improvement and Pro- graph (A), is amended by striking ‘‘3-year pe- modified in the April 11, 2008, Centers for tection Act of 2000 (as enacted into law by riod’’ and inserting ‘‘4-year period’’. Medicare & Medicaid Services’ memorandum section 1(a)(6) of Public Law 106–554), as SEC. 222. EXTENSION OF THE MEDICARE RURAL with the subject ‘‘2009 Employer Group Waiv- amended by section 732 of the Medicare Pre- HOSPITAL FLEXIBILITY PROGRAM. er-Modification of the 2008 Service Area Ex- scription Drug, Improvement, and Mod- Section 1820(j) of the Social Security Act tension Waiver Granted to Certain MA Local ernization Act of 2003 (42 U.S.C. 1395w–4 (42 U.S.C. 1395i–4(j)) is amended— Coordinated Care Plans’’) to Medicare Ad- note), section 104 of division B of the Tax Re- (1) by striking ‘‘2010, and for’’ and inserting vantage coordinated care plans, the Sec- lief and Health Care Act of 2006 (42 U.S.C. ‘‘2010, for’’; and retary shall extend the application of such 1395w–4 note), section 104 of the Medicare, (2) by inserting ‘‘and for making grants to waiver policy to employers who contract di- Medicaid, and SCHIP Extension Act of 2007 all States under subsection (g), such sums as rectly with the Secretary as a Medicare Ad- (Public Law 110–173), and section 136 of the may be necessary in fiscal year 2011, to re- vantage private fee-for-service plan under Medicare Improvements for Patients and main available until expended’’ before the section 1857(i)(2) of the Social Security Act Providers Act of 2008 (Public Law 110–275), is period at the end. (42 U.S.C. 1395w–27(i)(2)) and that had enroll- amended by striking ‘‘and 2009’’ and insert- SEC. 223. EXTENSION OF SECTION 508 HOSPITAL ment as of January 1, 2010. ing ‘‘2009, and 2010’’. RECLASSIFICATIONS. SEC. 228. EXTENSION OF CONTINUING CARE RE- SEC. 218. EXTENSION OF OUTPATIENT HOLD (a) IN GENERAL.—Subsection (a) of section TIREMENT COMMUNITY PROGRAM. HARMLESS PROVISION. 106 of division B of the Tax Relief and Health Notwithstanding any other provision of (a) IN GENERAL.—Section 1833(t)(7)(D)(i) of Care Act of 2006 (42 U.S.C. 1395 note), as law, the Secretary of Health and Human the Social Security Act (42 U.S.C. amended by section 117 of the Medicare, Services shall continue to conduct the 1395l(t)(7)(D)(i)) is amended— Medicaid, and SCHIP Extension Act of 2007 Erickson Advantage Continuing Care Retire- (1) in subclause (II)— (Public Law 110–173) and section 124 of the ment Community (CCRC) program under (A) in the first sentence, by striking Medicare Improvements for Patients and part C of title XVIII of the Social Security ‘‘2010’’and inserting ‘‘2011’’; and Providers Act of 2008 (Public Law 110–275), is Act through December 31, 2011. (B) in the second sentence, by striking ‘‘or amended by striking ‘‘September 30, 2009’’ SEC. 229. FUNDING OUTREACH AND ASSISTANCE 2009’’ and inserting ‘‘, 2009, or 2010’’; and and inserting ‘‘September 30, 2010’’. FOR LOW-INCOME PROGRAMS. (2) in subclause (III), by striking ‘‘January (b) SPECIAL RULE FOR FISCAL YEAR 2010.— (a) ADDITIONAL FUNDING FOR STATE HEALTH 1, 2010’’ and inserting ‘‘January 1, 2011’’. For purposes of implementation of the INSURANCE PROGRAMS.—Subsection (a)(1)(B)

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.089 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE March 3, 2010 of section 119 of the Medicare Improvements tive-month period that begins after Decem- resources for a period of 12 months from re- for Patients and Providers Act of 2008 (42 ber 2009 and ends before January 2011’’; ceipt, for purposes of determining the eligi- U.S.C. 1395b–3 note) is amended by striking (3) in subsection (g)— bility of such individual (or any other indi- ‘‘(42 U.S.C. 1395w–23(f))’’ and all that follows (A) in paragraph (1), by striking ‘‘Sep- vidual) for benefits or assistance (or the through the period at the end and inserting tember 30, 2011’’ and inserting ‘‘March 31, amount or extent of benefits or assistance) ‘‘(42 U.S.C. 1395w–23(f)), to the Centers for 2012’’; under any Federal program or under any Medicare & Medicaid Services Program Man- (B) in paragraph (2)— State or local program financed in whole or agement Account— (i) by inserting ‘‘of such Act’’ after ‘‘1923’’; in part with Federal funds. ‘‘(i) for fiscal year 2009, of $7,500,000; and and ‘‘(b) TERMINATION.—Subsection (a) shall ‘‘(ii) for fiscal year 2010, of $6,000,000. (ii) by adding at the end the following new not apply to any amount received after De- cember 31, 2010.’’. Amounts appropriated under this subpara- sentence: ‘‘Voluntary contributions by a po- litical subdivision to the non-Federal share (b) CLERICAL AMENDMENT.—The table of graph shall remain available until ex- sections for such subchapter is amended by of expenditures under the State Medicaid pended.’’. adding at the end the following new item: (b) ADDITIONAL FUNDING FOR AREA AGEN- plan or to the non-Federal share of payments ‘‘Sec. 6409. Refunds disregarded in the ad- CIES ON AGING.—Subsection (b)(1)(B) of such under section 1923 of the Social Security Act ministration of Federal pro- section 119 is amended by striking ‘‘(42 shall not be considered to be required con- grams and federally assisted U.S.C. 1395w–23(f))’’ and all that follows tributions for purposes of this section.’’; and programs.’’. through the period at the end and inserting (C) by adding at the end the following: ‘‘(42 U.S.C. 1395w–23(f)), to the Administra- ‘‘(3) CERTIFICATION BY CHIEF EXECUTIVE OF- (c) EFFECTIVE DATE.—The amendments tion on Aging— FICER.—No additional Federal funds shall be made by this section shall apply to amounts received after December 31, 2009. ‘‘(i) for fiscal year 2009, of $7,500,000; and paid to a State as a result of this section ‘‘(ii) for fiscal year 2010, of $6,000,000. with respect to a calendar quarter occurring SEC. 243. STATE COURT IMPROVEMENT PRO- during the period beginning on January 1, GRAM. Amounts appropriated under this subpara- 2011, and ending on June 30, 2011, unless, not Section 438 of the Social Security Act (42 graph shall remain available until ex- later than 45 days after the date of enact- U.S.C. 629h) is amended— pended.’’. ment of this paragraph, the chief executive (1) in subsection (c)(2)(A), by striking (c) ADDITIONAL FUNDING FOR AGING AND officer of the State certifies that the State ‘‘2010’’ and inserting ‘‘2011’’; and DISABILITY RESOURCE CENTERS.—Subsection (2) in subsection (e), by striking ‘‘2010’’ and (c)(1)(B) of such section 119 is amended by will request and use such additional Federal funds.’’; and inserting ‘‘2011’’. striking ‘‘(42 U.S.C. 1395w–23(f))’’ and all that SEC. 244. EXTENSION OF NATIONAL FLOOD IN- follows through the period at the end and in- (4) in subsection (h)(3), by striking ‘‘De- cember 31, 2010’’ and inserting ‘‘June 30, SURANCE PROGRAM. serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- Section 129 of the Continuing Appropria- 2011’’. ministration on Aging— tions Resolution, 2010 (Public Law 111-68), as ‘‘(i) for fiscal year 2009, of $5,000,000; and SEC. 233. EXTENSION OF GAINSHARING DEM- amended by section 1005 of Public Law 111- ‘‘(ii) for fiscal year 2010, of $6,000,000. ONSTRATION. 118, is further amended by striking ‘‘by sub- (a) IN GENERAL.—Subsection (d)(3) of sec- Amounts appropriated under this subpara- stituting’’ and all that follows through the tion 5007 of the Deficit Reduction Act of 2005 period at the end, and inserting ‘‘by sub- graph shall remain available until ex- (Public Law 109–171) is amended by inserting pended.’’. stituting December 31, 2010, for the date ‘‘(or 21 months after the date of the enact- specified in each such section.’’. (d) ADDITIONAL FUNDING FOR CONTRACT ment of the American Workers, State, and WITH THE NATIONAL CENTER FOR BENEFITS SEC. 245. EMERGENCY DISASTER ASSISTANCE. Business Relief Act of 2010, in the case of a (a) DEFINITIONS.—Except as otherwise pro- AND OUTREACH ENROLLMENT.—Subsection demonstration project in operation as of Oc- (d)(2) of such section 119 is amended by strik- vided in this section, in this section: tober 1, 2008)’’ after ‘‘December 31, 2009’’. (1) DISASTER COUNTY.— ing ‘‘(42 U.S.C. 1395w–23(f))’’ and all that fol- (b) FUNDING.— lows through the period at the end and in- (A) IN GENERAL.—The term ‘‘disaster coun- (1) IN GENERAL.—Subsection (f)(1) of such ty’’ means a county included in the geo- serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- section is amended by inserting ‘‘and for fis- ministration on Aging— graphic area covered by a qualifying natural cal year 2010, $1,600,000,’’ after ‘‘$6,000,000,’’. disaster declaration for the 2009 crop year. ‘‘(i) for fiscal year 2009, of $5,000,000; and (2) AVAILABILITY.—Subsection (f)(2) of such ‘‘(ii) for fiscal year 2010, of $2,000,000. (B) EXCLUSION.—The term ‘‘disaster coun- section is amended by striking ‘‘2010’’ and in- ty’’ does not include a contiguous county. Amounts appropriated under this subpara- serting ‘‘2014 or until expended’’. (2) ELIGIBLE AQUACULTURE PRODUCER.—The graph shall remain available until ex- (c) REPORTS.— term ‘‘eligible aquaculture producer’’ means pended.’’. (1) QUALITY IMPROVEMENT AND SAVINGS.— an aquaculture producer that during the 2009 SEC. 230. FAMILY-TO-FAMILY HEALTH INFORMA- Subsection (e)(3) of such section is amended calendar year, as determined by the Sec- TION CENTERS. by striking ‘‘December 1, 2008’’ and inserting retary— Section 501(c)(1)(A)(iii) of the Social Secu- ‘‘18 months after the date of the enactment (A) produced an aquaculture species for rity Act (42 U.S.C. 701(c)(1)(A)(iii)) is amend- of the American Workers, State, and Busi- which feed costs represented a substantial ed by striking ‘‘fiscal year 2009’’ and insert- ness Relief Act of 2010’’. percentage of the input costs of the aqua- ing ‘‘each of fiscal years 2009 through 2011’’. (2) FINAL REPORT.—Subsection (e)(4) of culture operation; and SEC. 231. IMPLEMENTATION FUNDING. such section is amended by striking ‘‘May 1, (B) experienced a substantial price in- For purposes of carrying out the provisions 2010’’ and inserting ‘‘42 months after the date crease of feed costs above the previous 5-year of, and amendments made by, this title that of the enactment of the American Workers, average. relate to titles XVIII and XIX of the Social State, and Business Relief Act of 2010’’. (3) ELIGIBLE PRODUCER.—The term ‘‘eligible Security Act, there are appropriated to the Subtitle C—Other Provisions producer’’ means an agricultural producer in Secretary of Health and Human Services for SEC. 241. EXTENSION OF USE OF 2009 POVERTY a disaster county. the Centers for Medicare & Medicaid Serv- GUIDELINES. (4) ELIGIBLE SPECIALTY CROP PRODUCER.— ices Program Management Account, from Section 1012 of the Department of Defense The term ‘‘eligible specialty crop producer’’ amounts in the general fund of the Treasury Appropriations Act, 2010 (Public Law 111–118) means an agricultural producer that, for the not otherwise appropriated, $100,000,000. is amended— 2009 crop year, as determined by the Sec- Amounts appropriated under the preceding (1) by striking ‘‘before March 1, 2010’’; and retary— sentence shall remain available until ex- (2) by inserting ‘‘for 2011’’ after ‘‘until up- (A) produced, or was prevented from plant- pended. dated poverty guidelines’’. ing, a specialty crop; and SEC. 232. EXTENSION OF ARRA INCREASE IN SEC. 242. REFUNDS DISREGARDED IN THE AD- (B) experienced crop losses in a disaster FMAP. MINISTRATION OF FEDERAL PRO- county due to excessive rainfall or related Section 5001 of the American Recovery and GRAMS AND FEDERALLY ASSISTED condition. Reinvestment Act of 2009 (Public Law 111-5) PROGRAMS. (5) QUALIFYING NATURAL DISASTER DECLARA- is amended— (a) IN GENERAL.—Subchapter A of chapter TION.—The term ‘‘qualifying natural disaster (1) in subsection (a)(3), by striking ‘‘first 65 is amended by adding at the end the fol- declaration’’ means a natural disaster de- calendar quarter’’ and inserting ‘‘first 3 cal- lowing new section: clared by the Secretary for production losses endar quarters’’; ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- under section 321(a) of the Consolidated (2) in subsection (c)— MINISTRATION OF FEDERAL PRO- Farm and Rural Development Act (7 U.S.C. (A) in paragraph (2)(B), by striking ‘‘July GRAMS AND FEDERALLY ASSISTED 1961(a)). 1, 2010’’ and inserting ‘‘January 1, 2011’’; PROGRAMS. (6) SECRETARY.—The term ‘‘Secretary’’ (B) in paragraph (3)(B)(i), by striking ‘‘July ‘‘(a) IN GENERAL.—Notwithstanding any means the Secretary of Agriculture. 1, 2010’’ each place it appears and inserting other provision of law, any refund (or ad- (7) SPECIALTY CROP.—The term ‘‘specialty ‘‘January 1, 2011’’; and vance payment with respect to a refundable crop’’ has the meaning given the term in sec- (C) in paragraph (4)(C)(ii), by striking ‘‘the credit) made to any individual under this tion 3 of the Specialty Crops Competitive- 3-consecutive-month period beginning with title shall not be taken into account as in- ness Act of 2004 (Public Law 108–465; 7 U.S.C. January 2010’’ and inserting ‘‘any 3-consecu- come, and shall not be taken into account as 1621 note).

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(b) SUPPLEMENTAL DIRECT PAYMENT.— (B) TIMING.—Not later than 120 days after shall use not more than $25,000,000, to remain (1) IN GENERAL.—Of the funds of the Com- the date of enactment of this Act, the Sec- available until September 30, 2011, to carry modity Credit Corporation, the Secretary retary shall make grants to States to pro- out a program of grants to States to assist shall use such sums as are necessary to make vide assistance under this subsection. eligible aquaculture producers for losses as- supplemental payments under sections 1103 (C) MAXIMUM GRANT.—The maximum sociated with high feed input costs during and 1303 of the Food, Conservation, and En- amount of a grant made to a State under the 2009 calendar year. ergy Act of 2008 (7 U.S.C. 8713, 8753) to eligi- this subsection may not exceed $40,000,000. (B) NOTIFICATION.—Not later than 60 days ble producers on farms located in disaster (4) REQUIREMENTS.—The Secretary shall after the date of enactment of this Act, the counties that had at least 1 crop of economic make grants under this subsection only to Secretary shall notify the State department significance (other than crops intended for States that demonstrate to the satisfaction of agriculture (or similar entity) in each grazing) suffer at least a 5-percent crop loss of the Secretary that the State will— State of the availability of funds to assist el- due to a natural disaster, including quality (A) use grant funds to assist eligible spe- igible aquaculture producers, including such losses, as determined by the Secretary, in an cialty crop producers; terms as are determined by the Secretary to amount equal to 90 percent of the direct pay- (B) provide assistance to eligible specialty be necessary for the equitable treatment of ment the eligible producers received for the crop producers not later than 90 days after eligible aquaculture producers. 2009 crop year on the farm. the date on which the State receives grant (C) PROVISION OF GRANTS.— (2) ACRE PROGRAM.—Eligible producers funds; and (i) IN GENERAL.—The Secretary shall make that received payments under section 1105 of (C) not later than 30 days after the date on grants to States under this subsection on a the Food, Conservation, and Energy Act of which the State provides assistance to eligi- pro rata basis based on the amount of aqua- 2008 (7 U.S.C. 8715) for the 2009 crop year and ble specialty crop producers, submit to the culture feed used in each State during the that otherwise meet the requirements of Secretary a report that describes— 2008 calendar year, as determined by the Sec- paragraph (1) shall be eligible to receive sup- (i) the manner in which the State provided retary. plemental payments under that paragraph in assistance; (ii) TIMING.—Not later than 120 days after an amount equal to 90 percent of the reduced (ii) the amounts of assistance provided by the date of enactment of this Act, the Sec- direct payment the eligible producers re- type of specialty crop; and retary shall make grants to States to pro- ceived for the 2009 crop year under section (iii) the process by which the State deter- vide assistance under this subsection. 1103 or 1303 of the Food, Conservation, and mined the levels of assistance to eligible spe- (D) REQUIREMENTS.—The Secretary shall Energy Act of 2008 (7 U.S.C. 8713, 8753). cialty crop producers. make grants under this subsection only to (3) INSURANCE REQUIREMENT.—As a condi- (5) RELATION TO OTHER LAW.—Assistance re- States that demonstrate to the satisfaction tion of receiving assistance under this sub- ceived under this subsection shall be in- of the Secretary that the State will— section, eligible producers on a farm that— cluded in the calculation of farm revenue for (i) use grant funds to assist eligible aqua- (A) in the case of an insurable commodity, the 2009 crop year under section 531(b)(4)(A) culture producers; did not obtain a policy or plan of insurance of the Federal Crop Insurance Act (7 U.S.C. (ii) provide assistance to eligible aqua- for the insurable commodity under the Fed- 1531(b)(4)(A)) and section 901(b)(4)(A) of the culture producers not later than 60 days eral Crop Insurance Act (7 U.S.C. 1501 et seq.) Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). after the date on which the State receives (other than for a crop insurance pilot pro- (d) COTTONSEED ASSISTANCE.— grant funds; and gram under that Act) for each crop of eco- (1) IN GENERAL.—Of the funds of the Com- (iii) not later than 30 days after the date nomic significance (other than crops in- modity Credit Corporation, the Secretary on which the State provides assistance to el- tended for grazing), shall obtain such a pol- shall use not more than $42,000,000 to provide igible aquaculture producers, submit to the icy or plan for those crops for the next avail- supplemental assistance to eligible pro- Secretary a report that describes— able crop year, as determined by the Sec- ducers and first-handlers of the 2009 crop of (I) the manner in which the State provided retary; or cottonseed in a disaster county. assistance; (B) in the case of a noninsurable com- (2) GENERAL TERMS.—Except as otherwise (II) the amounts of assistance provided per modity, did not file the required paperwork, provided in this subsection, the Secretary species of aquaculture; and and pay the administrative fee by the appli- shall provide disaster assistance under this cable State filing deadline, for the noninsur- subsection under the same terms and condi- (III) the process by which the State deter- able commodity under section 196 of the Fed- tions as assistance provided under section mined the levels of assistance to eligible eral Agriculture Improvement and Reform 3015 of the Emergency Agricultural Disaster aquaculture producers. Act of 1996 (7 U.S.C. 7333) for each crop of Assistance Act of 2006 (title III of Public Law (2) REDUCTION IN PAYMENTS.—An eligible economic significance (other than crops in- 109-234; 120 Stat. 477). aquaculture producer that receives assist- tended for grazing), shall obtain such cov- (3) DISTRIBUTION OF ASSISTANCE.—The Sec- ance under this subsection shall not be eligi- erage for those crops for the next available retary shall distribute assistance to first ble to receive any other assistance under the crop year, as determined by the Secretary. handlers for the benefit of eligible producers supplemental agricultural disaster assist- (4) RELATIONSHIP TO OTHER LAW.—Assist- in a disaster county in an amount equal to ance program established under section 531 ance received under this subsection shall be the product obtained by multiplying— of the Federal Crop Insurance Act (7 U.S.C. included in the calculation of farm revenue (A) the payment rate, as determined under 1531) and section 901 of the Trade Act of 1974 for the 2009 crop year under section paragraph (4); and (19 U.S.C. 2497) for any losses in 2009 relating 531(b)(4)(A) of the Federal Crop Insurance (B) the county-eligible production, as de- to the same species of aquaculture. Act (7 U.S.C. 1531(b)(4)(A)) and section termined under paragraph (5). (3) REPORT TO CONGRESS.—Not later than 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. (4) PAYMENT RATE.—The payment rate 240 days after the date of enactment of this 2497(b)(4)(A)). shall be equal to the quotient obtained by di- Act, the Secretary shall submit to the appro- (c) SPECIALTY CROP ASSISTANCE.— viding— priate committees of Congress a report (1) IN GENERAL.—Of the funds of the Com- (A) the sum of the county-eligible produc- that— modity Credit Corporation, the Secretary tion, as determined under paragraph (5); by (A) describes in detail the manner in which shall use not more than $150,000,000, to re- (B) the total funds made available to carry this subsection has been carried out; and main available until September 30, 2011, to out this subsection. (B) includes the information reported to carry out a program of grants to States to (5) COUNTY-ELIGIBLE PRODUCTION.—The the Secretary under paragraph (1)(D)(iii). assist eligible specialty crop producers for county-eligible production shall be equal to (f) HAWAII TRANSPORTATION COOPERATIVE.— losses due to excessive rainfall and related the product obtained by multiplying— Notwithstanding any other provision of law, conditions affecting the 2009 crops. (A) the number of acres planted to cotton the Secretary shall use $21,000,000 of funds of (2) NOTIFICATION.—Not later than 60 days in the disaster county, as reported to the the Commodity Credit Corporation to make after the date of enactment of this Act, the Secretary by first-handlers; a payment to an agricultural transportation Secretary shall notify the State department (B) the expected cotton lint yield for the cooperative in the State of Hawaii, the mem- of agriculture (or similar entity) in each disaster county, as determined by the Sec- bers of which are eligible to participate in State of the availability of funds to assist el- retary based on the best available informa- the commodity loan program of the Farm igible specialty crop producers, including tion; and Service Agency, for assistance to maintain such terms as are determined by the Sec- (C) the national average seed-to-lint ratio, and develop employment. retary to be necessary for the equitable as determined by the Secretary based on the (g) LIVESTOCK FORAGE DISASTER PRO- treatment of eligible specialty crop pro- best available information for the 5 crop GRAM.— ducers. years immediately preceding the 2009 crop, (1) DEFINITION OF DISASTER COUNTY.—In (3) PROVISION OF GRANTS.— excluding the year in which the average this subsection: (A) IN GENERAL.—The Secretary shall make ratio was the highest and the year in which (A) IN GENERAL.—The term ‘‘disaster coun- grants to States for disaster counties with the average ratio was the lowest in such pe- ty’’ means a county included in the geo- excessive rainfall and related conditions on a riod. graphic area covered by a qualifying natural pro rata basis based on the value of specialty (e) AQUACULTURE ASSISTANCE.— disaster declaration announced by the Sec- crop losses in those counties during the 2008 (1) GRANT PROGRAM.— retary in calendar year 2009. calendar year, as determined by the Sec- (A) IN GENERAL.—Of the funds of the Com- (B) INCLUSION.—The term ‘‘disaster coun- retary. modity Credit Corporation, the Secretary ty’’ includes a contiguous county.

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(2) PAYMENTS.—Of the funds of the Com- the availability of funds under paragraph amended by striking ‘‘September 30, 2010’’ modity Credit Corporation, the Secretary (2)(A), the Secretary shall offer to make a each place it appears and inserting ‘‘Decem- shall use not more than $50,000,000 to carry loan under this subsection to the poultry ber 31, 2010’’. out a program to make payments to eligible producer with a minimum term of 2 years. (2) LOAN GUARANTEES.—Section 502(f) of di- producers that had grazing losses in disaster (4) ADDITIONAL REQUIREMENTS.— vision A of the American Recovery and Rein- counties in calendar year 2009. (A) IN GENERAL.—A poultry producer that vestment Act of 2009 (Public Law 111–5; 123 (3) CRITERIA.— receives an emergency loan under this sub- Stat. 153) is amended by striking ‘‘February (A) IN GENERAL.—Except as provided in section may use the emergency loan pro- 28, 2010’’ and inserting ‘‘December 31, 2010’’. subparagraph (B), assistance under this sub- ceeds only to repay the amount that the TITLE III—PENSION FUNDING RELIEF section shall be determined under the same poultry producer owes to any lender. Subtitle A—Single Employer Plans criteria as are used to carry out the pro- (B) CONVERSION OF THE LOAN.—A poultry grams under section 531(d) of the Federal SEC. 301. EXTENDED PERIOD FOR SINGLE-EM- producer that receives an emergency loan PLOYER DEFINED BENEFIT PLANS Crop Insurance Act (7 U.S.C. 1531(d)) and sec- under this subsection shall be eligible to TO AMORTIZE CERTAIN SHORTFALL tion 901(d) of the Trade Act of 1974 (19 U.S.C. have the balance of the emergency loan con- AMORTIZATION BASES. 2497(d)). verted, but not refinanced, to a loan that has (a) AMENDMENTS TO ERISA.— (B) DROUGHT INTENSITY.—For purposes of the same terms and conditions as an oper- (1) IN GENERAL.—Paragraph (2) of section this subsection, an eligible producer shall ating loan under subtitle B of the Consoli- 303(c) of the Employee Retirement Income not be required to meet the drought inten- dated Farm and Rural Development Act (7 Security Act of 1974 (29 U.S.C. 1083(c)) is sity requirements of section 531(d)(3)(D)(ii) of U.S.C. 1941 et seq.). amended by adding at the end the following the Federal Crop Insurance Act (7 U.S.C. (i) ADMINISTRATION.— subparagraph: 1531(d)(3)(D)(ii)) and section 901(d)(3)(D)(ii) of (1) REGULATIONS.— ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN the Trade Act of 1974 (19 U.S.C. (A) IN GENERAL.—As soon as practicable YEARS.— 2497(d)(3)(D)(ii)). after the date of enactment of this Act, the ‘‘(i) IN GENERAL.—If a plan sponsor elects (4) AMOUNT.—Assistance under this sub- Secretary shall promulgate such regulations to apply this subparagraph with respect to section shall be in an amount equal to 1 as are necessary to implement this section. the shortfall amortization base of a plan for monthly payment using the monthly pay- (B) PROCEDURE.—The promulgation of the any eligible plan year (in this subparagraph ment rate under section 531(d)(3)(B) of the regulations and administration of this sec- and paragraph (7) referred to as an ‘election Federal Crop Insurance Act (7 U.S.C. tion shall be made without regard to— year’), then, notwithstanding subparagraphs 1531(d)(3)(B)) and section 901(d)(3)(B) of the (i) the notice and comment provisions of (A) and (B)— Trade Act of 1974 (19 U.S.C. 2497(d)(3)(B)). section 553 of title 5, United States Code; ‘‘(I) the shortfall amortization install- (5) RELATION TO OTHER LAW.—An eligible (ii) the Statement of Policy of the Sec- ments with respect to such base shall be de- producer that receives assistance under this retary of Agriculture effective July 24, 1971 termined under clause (ii) or (iii), whichever subsection shall be ineligible to receive as- (36 Fed. Reg. 13804), relating to notices of is specified in the election, and sistance for 2009 grazing losses under the pro- proposed rulemaking and public participa- ‘‘(II) the shortfall amortization install- gram carried out under section 531(d) of the tion in rulemaking; and ment for any plan year in the 9-plan-year pe- Federal Crop Insurance Act (7 U.S.C. 1531(d)) (iii) chapter 35 of title 44, United States riod described in clause (ii) or the 15-plan- and section 901(d) of the Trade Act of 1974 (19 Code (commonly known as the ‘‘Paperwork year period described in clause (iii), respec- U.S.C. 2497(d)) . Reduction Act’’). tively, with respect to such shortfall amorti- (h) EMERGENCY LOANS FOR POULTRY PRO- (C) CONGRESSIONAL REVIEW OF AGENCY zation base is the annual installment deter- DUCERS.— RULEMAKING.—In carrying out this para- mined under the applicable clause for that (1) DEFINITIONS.—In this subsection: graph, the Secretary shall use the authority year for that base. (A) ANNOUNCEMENT DATE.—The term ‘‘an- ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The nouncement date’’ means the date on which provided under section 808 of title 5, United States Code. shortfall amortization installments deter- the Secretary announces the emergency loan mined under this clause are— program under this subsection. (2) ADMINISTRATIVE COSTS.—Of the funds of the Commodity Credit Corporation, the Sec- ‘‘(I) in the case of the first 2 plan years in (B) POULTRY INTEGRATOR.—The term ‘‘poul- the 9-plan-year period beginning with the try integrator’’ means a poultry integrator retary may use up to $15,000,000 to pay ad- ministrative costs incurred by the Secretary election year, interest on the shortfall amor- that filed proceedings under chapter 11 of tization base of the plan for the election year title 11, United States Code, in United States that are directly related to carrying out this Act. (determined using the effective interest rate Bankruptcy Court during the 30-day period for the plan for the election year), and (3) PROHIBITION.—None of the funds of the beginning on December 1, 2008. ‘‘(II) in the case of the last 7 plan years in Agricultural Disaster Relief Trust Fund es- (2) LOAN PROGRAM.— such 9-plan-year period, the amounts nec- tablished under section 902 of the Trade Act (A) IN GENERAL.—Of the funds of the Com- essary to amortize the remaining balance of of 1974 (19 U.S.C. 2497a) may be used to carry modity Credit Corporation, the Secretary the shortfall amortization base of the plan out this Act. shall use not more than $75,000,000, to remain for the election year in level annual install- available until expended, for the cost of SEC. 246. SMALL BUSINESS LOAN GUARANTEE ments over such last 7 plan years (using the making no-interest emergency loans avail- ENHANCEMENT EXTENSIONS. segment rates under subparagraph (C) for the able to poultry producers that meet the re- (a) APPROPRIATION.—There is appropriated, election year). out of any funds in the Treasury not other- quirements of this subsection. ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall (B) TERMS AND CONDITIONS.—Except as oth- wise appropriated, for an additional amount amortization installments determined under erwise provided in this subsection, emer- for ‘‘Small Business Administration – Busi- this subparagraph are the amounts necessary gency loans under this subsection shall be ness Loans Program Account’’, $354,000,000, to amortize the shortfall amortization base subject to such terms and conditions as are to remain available through December 31, of the plan for the election year in level an- determined by the Secretary. 2010, for the cost of— nual installments over the 15-plan-year pe- (3) LOANS.— (1) fee reductions and eliminations under riod beginning with the election year (using (A) IN GENERAL.—An emergency loan made section 501 of division A of the American Re- the segment rates under subparagraph (C) for to a poultry producer under this subsection covery and Reinvestment Act of 2009 (Public the election year). shall be for the purpose of providing financ- Law 111–5; 123 Stat. 151), as amended by this ‘‘(iv) ELECTION.— ing to the poultry producer in response to fi- section, for loans guaranteed under section ‘‘(I) IN GENERAL.—The plan sponsor of a nancial losses associated with the termi- 7(a) of the Small Business Act (15 U.S.C. plan may elect to have this subparagraph nation or nonrenewal of any contract be- 636(a)), title V of the Small Business Invest- apply to not more than 2 eligible plan years tween the poultry producer and a poultry in- ment Act of 1958 (15 U.S.C. 695 et seq.), or with respect to the plan, except that in the tegrator. section 502 of division A of the American Re- case of a plan described in section 106 of the (B) ELIGIBILITY.— covery and Reinvestment Act of 2009 (Public Pension Protection Act of 2006, the plan (i) IN GENERAL.—To be eligible for an emer- Law 111–5; 123 Stat. 152), as amended by this sponsor may only elect to have this subpara- gency loan under this subsection, not later section; and graph apply to a plan year beginning in 2011. than 90 days after the announcement date, a (2) loan guarantees under section 502 of di- ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- poultry producer shall submit to the Sec- vision A of the American Recovery and Rein- tion shall specify whether the amortization retary evidence that— vestment Act of 2009 (Public Law 111–5; 123 schedule under clause (ii) or (iii) shall apply (I) the contract of the poultry producer de- Stat. 152), as amended by this section, to an election year, except that if a plan scribed in subparagraph (A) was not contin- Provided, That such costs, including the cost sponsor elects to have this subparagraph ued; and of modifying such loans, shall be as defined apply to 2 eligible plan years, the plan spon- (II) no similar contract has been awarded in section 502 of the Congressional Budget sor must elect the same schedule for both subsequently to the poultry producer. Act of 1974. years. (ii) REQUIREMENT TO OFFER LOANS.—Not- (b) EXTENSION OF PROGRAMS.— ‘‘(III) OTHER RULES.—Such election shall be withstanding any other provision of law, if a (1) FEES.—Section 501 of division A of the made at such time, and in such form and poultry producer meets the eligibility re- American Recovery and Reinvestment Act of manner, as shall be prescribed by the Sec- quirements described in clause (i), subject to 2009 (Public Law 111–5; 123 Stat. 151) is retary of the Treasury, and may be revoked

VerDate Nov 24 2008 03:11 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.089 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1045 only with the consent of the Secretary of the acceleration amount for any plan year shall performed by the employee for the plan spon- Treasury. The Secretary of the Treasury not exceed the excess (if any) of— sor after February 4, 2010. shall, before granting a revocation request, ‘‘(I) the sum of the shortfall amortization ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- provide the Pension Benefit Guaranty Cor- installments for the plan year and all pre- MENTS.— poration an opportunity to comment on the ceding plan years in the amortization period ‘‘(I) IN GENERAL.—There shall not be taken conditions applicable to the treatment of elected under paragraph (2)(D) with respect into account under clause (i)(I) any amount any portion of the election year shortfall to the shortfall amortization base with re- includible in income with respect to the amortization base that remains unamortized spect to an election year, determined with- granting on or after February 4, 2010, of serv- as of the revocation date. out regard to paragraph (2)(D) and this para- ice recipient stock (within the meaning of ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of graph, over section 409A of the Internal Revenue Code of this subparagraph, the term ‘eligible plan ‘‘(II) the sum of the shortfall amortization 1986) that, upon such grant, is subject to a year’ means any plan year beginning in 2008, installments for such plan year and all such substantial risk of forfeiture (as defined 2009, 2010, or 2011, except that a plan year preceding plan years, determined after appli- under section 83(c)(1) of such Code) for at shall only be treated as an eligible plan year cation of paragraph (2)(D) (and in the case of least 5 years from the date of such grant. if the due date under subsection (j)(1) for the any preceding plan year, after application of ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- payment of the minimum required contribu- this paragraph). retary of the Treasury may by regulation tion for such plan year occurs on or after the ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT provide for the application of this clause in date of the enactment of this subparagraph. ACCELERATION AMOUNTS.— the case of a person other than a corpora- ‘‘(vi) REPORTING.—A plan sponsor of a plan ‘‘(I) IN GENERAL.—If the installment accel- tion. who makes an election under clause (i) shall eration amount for any plan year (deter- ‘‘(v) OTHER EXCEPTIONS.—The following inform the Pension Benefit Guaranty Cor- mined without regard to clause(ii)) exceeds amounts includible in income shall not be poration of such election in such form and the limitation under clause (ii), then, subject taken into account under clause (i)(I): manner as the Director of the Pension Ben- to subclause (II), such excess shall be treated ‘‘(I) COMMISSIONS.—Any remuneration pay- efit Guaranty Corporation may prescribe. as an installment acceleration amount with able on a commission basis solely on account ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS respect to the succeeding plan year (without of income directly generated by the indi- IN CERTAIN CASES.—For increases in required regard to whether such succeeding plan year vidual performance of the individual to contributions in cases of excess compensa- is in the restriction period). whom such remuneration is payable. tion or extraordinary dividends or stock re- ‘‘(II) CAP TO APPLY.—If any amount treated demptions, see paragraph (7).’’. as an installment acceleration amount under ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING CONTRACTS.—Any remuneration consisting of (2) INCREASES IN REQUIRED INSTALLMENTS IN subclause (I) or this subclause with respect nonqualified deferred compensation, re- CERTAIN CASES.—Section 303(c) of the Em- any succeeding plan year, when added to ployee Retirement Income Security Act of other installment acceleration amounts (de- stricted stock, stock options, or stock appre- 1974 (29 U.S.C. 1083(c)) is amended by adding termined without regard to clause (ii)) with ciation rights payable or granted under a at the end the following paragraph: respect to the plan year, exceeds the limita- written binding contract that was in effect ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- tion under clause (ii), the portion of such on February 4, 2010, and which was not modi- STALLMENTS IN CASES OF EXCESS COMPENSA- amount representing such excess shall be fied in any material respect before such re- TION OR EXTRAORDINARY DIVIDENDS OR STOCK treated as an installment acceleration muneration is paid. REDEMPTIONS.— amount with respect to the next succeeding ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED ‘‘(A) IN GENERAL.—If there is an install- plan year (without regard to whether such AS EMPLOYEE.—The term ‘employee’ in- ment acceleration amount with respect to a succeeding plan year is in the restriction pe- cludes, with respect to a calendar year, a plan for any plan year in the restriction pe- riod). self-employed individual who is treated as an riod with respect to an election year under ‘‘(III) ORDERING RULES.—For purposes of employee under section 401(c) of such Code paragraph (2)(D), then the shortfall amorti- applying subclause (II), installment accelera- for the taxable year ending during such cal- zation installment otherwise determined and tion amounts for the plan year (determined endar year, and the term ‘compensation’ payable under such paragraph for such plan without regard to any carryover under this shall include earned income of such indi- year shall, subject to the limitation under clause) shall be applied first against the lim- vidual with respect to such self-employment. subparagraph (B), be increased by such itation under clause (ii) and then carryovers ‘‘(vii) INDEXING OF AMOUNT.—In the case of amount. to such plan year shall be applied against any calendar year beginning after 2010, the ‘‘(B) TOTAL INSTALLMENTS LIMITED TO such limitation on a first-in, first-out basis. dollar amount under clause (i)(II) shall be in- SHORTFALL BASE.—Subject to rules pre- ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For creased by an amount equal to— scribed by the Secretary of the Treasury, if purposes of this paragraph— ‘‘(I) such dollar amount, multiplied by a shortfall amortization installment with re- ‘‘(i) IN GENERAL.—The term ‘excess em- ‘‘(II) the cost-of-living adjustment deter- spect to any shortfall amortization base for ployee compensation’ means, with respect to mined under section 1(f)(3) of such Code for an election year is required to be increased any employee for any plan year, the excess the calendar year, determined by sub- for any plan year under subparagraph (A)— (if any) of— stituting ‘calendar year 2009’ for ‘calendar ‘‘(i) such increase shall not result in the ‘‘(I) the aggregate amount includible in in- year 1992’ in subparagraph (B) thereof. amount of such installment exceeding the come under chapter 1 of the Internal Rev- If the amount of any increase under clause present value of such installment and all enue Code of 1986 for remuneration during (i) is not a multiple of $1,000, such increase succeeding installments with respect to such the calendar year in which such plan year shall be rounded to the next lowest multiple base (determined without regard to such in- begins for services performed by the em- of $1,000. crease but after application of clause (ii)), ployee for the plan sponsor (whether or not ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- and performed during such calendar year), over DEMPTIONS.— ‘‘(ii) subsequent shortfall amortization in- ‘‘(II) $1,000,000. ‘‘(i) IN GENERAL.—The amount determined stallments with respect to such base shall, in ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED under this subparagraph for any plan year is reverse order of the otherwise required in- DEFERRED COMPENSATION.—If during any cal- the excess (if any) of— stallments, be reduced to the extent nec- endar year assets are set aside or reserved ‘‘(I) the sum of the dividends declared dur- essary to limit the present value of such sub- (directly or indirectly) in a trust (or other ing the plan year by the plan sponsor plus sequent shortfall amortization installments arrangement as determined by the Secretary the aggregate fair market value of the stock (after application of this paragraph) to the of the Treasury), or transferred to such a present value of the remaining unamortized trust or other arrangement, by a plan spon- of the plan sponsor redeemed during the plan shortfall amortization base. sor for purposes of paying deferred com- year, over ‘‘(II) the adjusted net income (within the ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— pensation of an employee under a non- For purposes of this paragraph— qualified deferred compensation plan (as de- meaning of section 4043) of the plan sponsor ‘‘(i) IN GENERAL.—The term ‘installment fined in section 409A of such Code) of the for the preceding plan year. acceleration amount’ means, with respect to plan sponsor, then, for purposes of clause (i), ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND any plan year in a restriction period with re- the amount of such assets shall be treated as REDEMPTIONS COUNTED.—For purposes of spect to an election year, the sum of— remuneration of the employee includible in clause (i), there shall only be taken into ac- ‘‘(I) the aggregate amount of excess em- income for the calendar year unless such count dividends declared, and redemptions ployee compensation determined under sub- amount is otherwise includible in income for occurring, after February 4, 2010. paragraph (D) with respect to all employees such year. An amount to which the pre- ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- for the plan year, plus ceding sentence applies shall not be taken DENDS.—Dividends paid by one member of a ‘‘(II) the aggregate amount of extraor- into account under this paragraph for any controlled group (as defined in section dinary dividends and redemptions deter- subsequent calendar year. 302(d)(3)) to another member of such group mined under subparagraph (E) for the plan ‘‘(iii) ONLY REMUNERATION FOR CERTAIN shall not be taken into account under clause year. POST-2009 SERVICES COUNTED.—Remuneration (i). ‘‘(ii) LIMITATION TO AGGREGATE REDUCED shall be taken into account under clause (i) ‘‘(F) OTHER DEFINITIONS AND RULES.—For REQUIRED CONTRIBUTIONS.—The installment only to the extent attributable to services purposes of this paragraph—

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‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- for the election year in level annual install- ‘‘(i) such increase shall not result in the sor’ includes any member of the plan spon- ments over such last 7 plan years (using the amount of such installment exceeding the sor’s controlled group (as defined in section segment rates under subparagraph (C) for the present value of such installment and all 302(d)(3)). election year). succeeding installments with respect to such ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall base (determined without regard to such in- striction period’ means, with respect to any amortization installments determined under crease but after application of clause (ii)), election year— this subparagraph are the amounts necessary and ‘‘(I) except as provided in subclause (II), to amortize the shortfall amortization base ‘‘(ii) subsequent shortfall amortization in- the 4-year period beginning with the election of the plan for the election year in level an- stallments with respect to such base shall, in year, and nual installments over the 15-plan-year pe- reverse order of the otherwise required in- ‘‘(II) if the plan sponsor elects 15-year am- riod beginning with the election year (using stallments, be reduced to the extent nec- ortization for the shortfall amortization base the segment rates under subparagraph (C) for essary to limit the present value of such sub- for the election year, the 7-year period begin- the election year). sequent shortfall amortization installments ning with the election year. ‘‘(iv) ELECTION.— (after application of this paragraph) to the ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(I) IN GENERAL.—The plan sponsor of a present value of the remaining unamortized plan sponsor makes elections under para- plan may elect to have this subparagraph shortfall amortization base. graph (2)(D) with respect to 2 or more plans, apply to not more than 2 eligible plan years ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— the Secretary of the Treasury shall provide with respect to the plan, except that in the For purposes of this paragraph— rules for the application of this paragraph to case of a plan described in section 106 of the ‘‘(i) IN GENERAL.—The term ‘installment such plans, including rules for the ratable al- Pension Protection Act of 2006, the plan acceleration amount’ means, with respect to location of any installment acceleration sponsor may only elect to have this subpara- any plan year in a restriction period with re- amount among such plans on the basis of graph apply to a plan year beginning in 2011. spect to an election year, the sum of— each plan’s relative reduction in the plan’s ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- ‘‘(I) the aggregate amount of excess em- shortfall amortization installment for the tion shall specify whether the amortization ployee compensation determined under sub- first plan year in the amortization period de- schedule under clause (ii) or (iii) shall apply paragraph (D) with respect to all employees scribed in subparagraph (A) (determined without regard to this paragraph). to an election year, except that if a plan for the plan year, plus sponsor elects to have this subparagraph ‘‘(II) the aggregate amount of extraor- ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- retary of the Treasury shall prescribe rules apply to 2 eligible plan years, the plan spon- dinary dividends and redemptions deter- for the application of paragraph (2)(D) and sor must elect the same schedule for both mined under subparagraph (E) for the plan this paragraph in any case where there is a years. year. merger or acquisition involving a plan spon- ‘‘(III) OTHER RULES.—Such election shall be ‘‘(ii) LIMITATION TO AGGREGATE REDUCED sor making the election under paragraph made at such time, and in such form and REQUIRED CONTRIBUTIONS.—The installment (2)(D).’’. manner, as shall be prescribed by the Sec- acceleration amount for any plan year shall (3) CONFORMING AMENDMENTS.—Section 303 retary, and may be revoked only with the not exceed the excess (if any) of— of such Act (29 U.S.C. 1083) is amended— consent of the Secretary. The Secretary ‘‘(I) the sum of the shortfall amortization (A) in subsection (c)(1), by striking ‘‘the shall, before granting a revocation request, installments for the plan year and all pre- shortfall amortization bases for such plan provide the Pension Benefit Guaranty Cor- ceding plan years in the amortization period year and each of the 6 preceding plan years’’ poration an opportunity to comment on the elected under paragraph (2)(D) with respect and inserting ‘‘any shortfall amortization conditions applicable to the treatment of to the shortfall amortization base with re- base which has not been fully amortized any portion of the election year shortfall spect to an election year, determined with- under this subsection’’, and amortization base that remains unamortized out regard to paragraph (2)(D) and this para- (B) in subsection (j)(3), by adding at the as of the revocation date. graph, over end the following: ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of ‘‘(II) the sum of the shortfall amortization ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- this subparagraph, the term ‘eligible plan installments for such plan year and all such CLUDE CERTAIN INCREASED CONTRIBUTIONS.— year’ means any plan year beginning in 2008, preceding plan years, determined after appli- Subparagraph (D) shall be applied without 2009, 2010, or 2011, except that a plan year cation of paragraph (2)(D) (and in the case of regard to any increase under subsection shall only be treated as an eligible plan year any preceding plan year, after application of (c)(7).’’. if the due date under subsection (j)(1) for the this paragraph). (b) AMENDMENTS TO INTERNAL REVENUE payment of the minimum required contribu- ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT CODE OF 1986.— tion for such plan year occurs on or after the ACCELERATION AMOUNTS.— (1) IN GENERAL.—Paragraph (2) of section date of the enactment of this subparagraph. ‘‘(I) IN GENERAL.—If the installment accel- 430(c) is amended by adding at the end the ‘‘(vi) REPORTING.—A plan sponsor of a plan eration amount for any plan year (deter- following subparagraph: who makes an election under clause (i) shall mined without regard to clause(ii)) exceeds ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN inform the Pension Benefit Guaranty Cor- the limitation under clause (ii), then, subject YEARS.— poration of such election in such form and to subclause (II), such excess shall be treated ‘‘(i) IN GENERAL.—If a plan sponsor elects manner as the Director of the Pension Ben- as an installment acceleration amount with to apply this subparagraph with respect to efit Guaranty Corporation may prescribe. respect to the succeeding plan year (without the shortfall amortization base of a plan for ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS regard to whether such succeeding plan year any eligible plan year (in this subparagraph IN CERTAIN CASES.—For increases in required is in the restriction period). and paragraph (7) referred to as an ‘election contributions in cases of excess compensa- ‘‘(II) CAP TO APPLY.—If any amount treated year’), then, notwithstanding subparagraphs tion or extraordinary dividends or stock re- as an installment acceleration amount under (A) and (B)— demptions, see paragraph (7).’’. subclause (I) or this subclause with respect ‘‘(I) the shortfall amortization install- (2) INCREASES IN REQUIRED CONTRIBUTIONS IF any succeeding plan year, when added to ments with respect to such base shall be de- EXCESS COMPENSATION PAID.—Section 430(c) is other installment acceleration amounts (de- termined under clause (ii) or (iii), whichever amended by adding at the end the following termined without regard to clause (ii)) with is specified in the election, and paragraph: respect to the plan year, exceeds the limita- ‘‘(II) the shortfall amortization install- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- tion under clause (ii), the portion of such ment for any plan year in the 9-plan-year pe- STALLMENTS IN CASES OF EXCESS COMPENSA- amount representing such excess shall be riod described in clause (ii) or the 15-plan- TION OR EXTRAORDINARY DIVIDENDS OR STOCK treated as an installment acceleration year period described in clause (iii), respec- REDEMPTIONS.— amount with respect to the next succeeding tively, with respect to such shortfall amorti- ‘‘(A) IN GENERAL.—If there is an install- plan year (without regard to whether such zation base is the annual installment deter- ment acceleration amount with respect to a succeeding plan year is in the restriction pe- mined under the applicable clause for that plan for any plan year in the restriction pe- riod). year for that base. riod with respect to an election year under ‘‘(III) ORDERING RULES.—For purposes of ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The paragraph (2)(D), then the shortfall amorti- applying subclause (II), installment accelera- shortfall amortization installments deter- zation installment otherwise determined and tion amounts for the plan year (determined mined under this clause are— payable under such paragraph for such plan without regard to any carryover under this ‘‘(I) in the case of the first 2 plan years in year shall, subject to the limitation under clause) shall be applied first against the lim- the 9-plan-year period beginning with the subparagraph (B), be increased by such itation under clause (ii) and then carryovers election year, interest on the shortfall amor- amount. to such plan year shall be applied against tization base of the plan for the election year ‘‘(B) TOTAL INSTALLMENTS LIMITED TO such limitation on a first-in, first-out basis. (determined using the effective interest rate SHORTFALL BASE.—Subject to rules pre- ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For for the plan for the election year), and scribed by the Secretary, if a shortfall amor- purposes of this paragraph— ‘‘(II) in the case of the last 7 plan years in tization installment with respect to any ‘‘(i) IN GENERAL.—The term ‘excess em- such 9-plan-year period, the amounts nec- shortfall amortization base for an election ployee compensation’ means, with respect to essary to amortize the remaining balance of year is required to be increased for any plan any employee for any plan year, the excess the shortfall amortization base of the plan year under subparagraph (A)— (if any) of—

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‘‘(I) the aggregate amount includible in in- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- come under this chapter for remuneration DEMPTIONS.— ZATION PERIODS TO PLANS WITH DELAYED EFFECTIVE DATE. during the calendar year in which such plan ‘‘(i) IN GENERAL.—The amount determined year begins for services performed by the under this subparagraph for any plan year is ‘‘(a) IN GENERAL.—If the plan sponsor of a plan to which section 104, 105, or 106 of this employee for the plan sponsor (whether or the excess (if any) of— Act applies elects to have this section apply not performed during such calendar year), ‘‘(I) the sum of the dividends declared dur- for any eligible plan year (in this section re- over ing the plan year by the plan sponsor plus ‘‘(II) $1,000,000. ferred to as an ‘election year’), section 302 of the aggregate fair market value of the stock the Employee Retirement Income Security ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED of the plan sponsor redeemed during the plan Act of 1974 and section 412 of the Internal DEFERRED COMPENSATION.—If during any cal- year, over Revenue Code of 1986 (as in effect before the endar year assets are set aside or reserved ‘‘(II) the adjusted net income (within the (directly or indirectly) in a trust (or other amendments made by this subtitle and sub- meaning of section 4043 of the Employee Re- title B) shall apply to such year in the man- arrangement as determined by the Sec- tirement Income Security Act of 1974) of the ner described in subsection (b) or (c), which- retary), or transferred to such a trust or plan sponsor for the preceding plan year. ever is specified in the election. All ref- other arrangement, by a plan sponsor for ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND erences in this section to ‘such Act’ or ‘such purposes of paying deferred compensation of REDEMPTIONS COUNTED.—For purposes of Code’ shall be to such Act or such Code as in an employee under a nonqualified deferred clause (i), there shall only be taken into ac- effect before the amendments made by this compensation plan (as defined in section count dividends declared, and redemptions subtitle and subtitle B. 409A) of the plan sponsor, then, for purposes occurring, after February 4, 2010. ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the of clause (i), the amount of such assets shall ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- case of an election year to which this sub- be treated as remuneration of the employee DENDS.—Dividends paid by one member of a section applies— includible in income for the calendar year controlled group (as defined in section ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING unless such amount is otherwise includible 412(d)(3)) to another member of such group DEFICIT REDUCTION CONTRIBUTIONS FOR CER- in income for such year. An amount to which TAIN PLANS.—For purposes of applying sec- the preceding sentence applies shall not be shall not be taken into account under clause (i). tion 302(d)(9) of such Act and section 412(l)(9) taken into account under this paragraph for of such Code, the funded current liability any subsequent calendar year. ‘‘(F) OTHER DEFINITIONS AND RULES.—For purposes of this paragraph— percentage (as defined in subparagraph (C) ‘‘(iii) ONLY REMUNERATION FOR CERTAIN thereof) for such plan for such plan year POST-2009 SERVICES COUNTED.—Remuneration ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- sor’ includes any member of the plan spon- shall be such funded current liability per- shall be taken into account under clause (i) centage of such plan for the second plan year only to the extent attributable to services sor’s controlled group (as defined in section 412(d)(3)). preceding the first election year of such performed by the employee for the plan spon- plan. ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- sor after February 4, 2010. ‘‘(2) CALCULATION OF DEFICIT REDUCTION striction period’ means, with respect to any ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- CONTRIBUTION.—For purposes of applying sec- election year— MENTS.— tion 302(d) of such Act and section 412(l) of ‘‘(I) except as provided in subclause (II), ‘‘(I) IN GENERAL.—There shall not be taken such Code to a plan to which such sections the 4-year period beginning with the election into account under clause (i)(I) any amount apply (after taking into account paragraph year, and includible in income with respect to the (1))— granting on or after February 4, 2010, of serv- ‘‘(II) if the plan sponsor elects 15-year am- ‘‘(A) in the case of the increased unfunded ice recipient stock (within the meaning of ortization for the shortfall amortization base new liability of the plan, the applicable per- section 409A) that, upon such grant, is sub- for the election year, the 7-year period begin- centage described in section 302(d)(4)(C) of ject to a substantial risk of forfeiture (as de- ning with the election year. such Act and section 412(l)(4)(C) of such Code fined under section 83(c)(1)) for at least 5 ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a shall be the third segment rate described in years from the date of such grant. plan sponsor makes elections under para- sections 104(b), 105(b), and 106(b) of this Act, ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- graph (2)(D) with respect to 2 or more plans, and retary may by regulation provide for the ap- the Secretary shall provide rules for the ap- ‘‘(B) in the case of the excess of the un- plication of this clause in the case of a per- plication of this paragraph to such plans, in- funded new liability over the increased un- son other than a corporation. cluding rules for the ratable allocation of funded new liability, such applicable per- ‘‘(v) OTHER EXCEPTIONS.—The following any installment acceleration amount among centage shall be determined without regard amounts includible in income shall not be such plans on the basis of each plan’s rel- to this section. taken into account under clause (i)(I): ative reduction in the plan’s shortfall amor- ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- ‘‘(I) COMMISSIONS.—Any remuneration pay- tization installment for the first plan year in TION.—In the case of an election year to able on a commission basis solely on account the amortization period described in sub- which this subsection applies, for purposes of of income directly generated by the indi- paragraph (A) (determined without regard to applying section 302(d) of such Act and sec- vidual performance of the individual to this paragraph). tion 412(l) of such Code— whom such remuneration is payable. ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- ‘‘(1) in the case of the increased unfunded ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING retary shall prescribe rules for the applica- new liability of the plan, the applicable per- CONTRACTS.—Any remuneration consisting of tion of paragraph (2)(D) and this paragraph centage described in section 302(d)(4)(C) of nonqualified deferred compensation, re- in any case where there is a merger or acqui- such Act and section 412(l)(4)(C) of such Code stricted stock, stock options, or stock appre- sition involving a plan sponsor making the for any pre-effective date plan year begin- ciation rights payable or granted under a election under paragraph (2)(D).’’. ning with or after the first election year written binding contract that was in effect (3) CONFORMING AMENDMENTS.—Section 430 shall be the ratio of— on February 4, 2010, and which was not modi- is amended— ‘‘(A) the annual installments payable in fied in any material respect before such re- (A) in subsection (c)(1), by striking ‘‘the each year if the increased unfunded new li- muneration is paid. shortfall amortization bases for such plan ability for such plan year were amortized ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED year and each of the 6 preceding plan years’’ over 15 years, using an interest rate equal to AS EMPLOYEE.—The term ‘employee’ in- and inserting ‘‘any shortfall amortization the third segment rate described in sections cludes, with respect to a calendar year, a base which has not been fully amortized 104(b), 105(b), and 106(b) of this Act, to self-employed individual who is treated as an under this subsection’’, and ‘‘(B) the increased unfunded new liability employee under section 401(c) for the taxable (B) in subsection (j)(3), by adding at the for such plan year, and year ending during such calendar year, and end the following: ‘‘(2) in the case of the excess of the un- the term ‘compensation’ shall include earned ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- funded new liability over the increased un- income of such individual with respect to CLUDE CERTAIN INCREASED CONTRIBUTIONS.— funded new liability, such applicable per- such self-employment. Subparagraph (D) shall be applied without centage shall be determined without regard ‘‘(vii) INDEXING OF AMOUNT.—In the case of regard to any increase under subsection to this section. any calendar year beginning after 2010, the (c)(7).’’. ‘‘(d) ELECTION.— dollar amount under clause (i)(II) shall be in- ‘‘(1) IN GENERAL.—The plan sponsor of a creased by an amount equal to— (c) EFFECTIVE DATE.—The amendments plan may elect to have this section apply to ‘‘(I) such dollar amount, multiplied by made by this section shall apply to plan not more than 2 eligible plan years with re- ‘‘(II) the cost-of-living adjustment deter- years beginning after December 31, 2007. spect to the plan, except that in the case of mined under section 1(f)(3) for the calendar a plan to which section 106 of this Act ap- SEC. 302. APPLICATION OF EXTENDED AMORTI- year, determined by substituting ‘calendar ZATION PERIOD TO PLANS SUBJECT plies, the plan sponsor may only elect to year 2009’ for ‘calendar year 1992’ in subpara- TO PRIOR LAW FUNDING RULES. have this section apply to 1 eligible plan graph (B) thereof. year. If the amount of any increase under clause (a) IN GENERAL.—Title I of the Pension ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- (i) is not a multiple of $1,000, such increase Protection Act of 2006 is amended by redesig- tion shall specify whether the rules under shall be rounded to the next lowest multiple nating section 107 as section 108 and by in- subsection (b) or (c) shall apply to an elec- of $1,000. serting the following after section 106: tion year, except that if a plan sponsor elects

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to have this section apply to 2 eligible plan ‘‘(i) IN GENERAL.—For plan years beginning Income Security Act of 1974 and 436(e) of the years, the plan sponsor must elect the same on or after October 1, 2008, and before Octo- Internal Revenue Code of 1986 only to the ex- rule for both years. ber 1, 2010, the adjusted funding target at- tent that such section produces a higher ad- ‘‘(3) OTHER RULES.—Such election shall be tainment percentage of a plan shall be the justed funding target attainment percentage made at such time, and in such form and greater of— for such plan for such year. manner, as shall be prescribed by the Sec- ‘‘(I) such percentage, as determined with- (c) EFFECTIVE DATE.— retary of the Treasury, and may be revoked out regard to this subparagraph, or (1) IN GENERAL.—Except as provided in only with the consent of the Secretary of the ‘‘(II) the adjusted funding target attain- paragraph (2), the amendments made by this Treasury. ment percentage for such plan for the plan section shall apply to plan years beginning ‘‘(e) DEFINITIONS.—For purposes of this sec- year beginning after October 1, 2007, and be- on or after October 1, 2008. tion— fore October 1, 2008, as determined under (2) SPECIAL RULE.—In the case of a plan for ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of rules prescribed by the Secretary of the which the valuation date is not the first day this subparagraph, the term ‘eligible plan Treasury. of the plan year, the amendments made by year’ means any plan year beginning in 2008, ‘‘(ii) SPECIAL RULE.—In the case of a plan this section shall apply to plan years begin- 2009, 2010, or 2011, except that a plan year be- for which the valuation date is not the first ning after December 31, 2007. ginning in 2008 shall only be treated as an el- day of the plan year— Subtitle B—Multiemployer Plans igible plan year if the due date for the pay- ‘‘(I) clause (i) shall apply to plan years be- SEC. 311. ADJUSTMENTS TO FUNDING STANDARD ment of the minimum required contribution ginning after December 31, 2007, and before ACCOUNT RULES. for such plan year occurs on or after the date January 1, 2010, and (a) ADJUSTMENTS.— of the enactment of this clause. ‘‘(II) clause (i)(II) shall apply based on the (1) AMENDMENT TO ERISA.—Section 304(b) of ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The last plan year beginning before November 1, the Employee Retirement Income Security term ‘pre-effective date plan year’ means, 2007, as determined under rules prescribed by Act of 1974 (29 U.S.C. 1084(b)) is amended by with respect to a plan, any plan year prior to the Secretary of the Treasury. adding at the end the following new para- the first year in which the amendments ‘‘(iii) APPLICABLE PROVISION.—For purposes graph: made by this subtitle and subtitle B apply to of this subparagraph, the term ‘applicable ‘‘(8) SPECIAL RELIEF RULES.—Notwith- the plan. provision’ means— standing any other provision of this sub- ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— ‘‘(I) paragraph (3), but only for purposes of section— The term ‘increased unfunded new liability’ applying such paragraph to a payment ‘‘(A) AMORTIZATION OF NET INVESTMENT means, with respect to a year, the excess (if which, as determined under rules prescribed LOSSES.— any) of the unfunded new liability over the by the Secretary of the Treasury, is a pay- ‘‘(i) IN GENERAL.—A multiemployer plan amount of unfunded new liability deter- ment under a social security leveling option with respect to which the solvency test mined as if the value of the plan’s assets de- which accelerates payments under the plan under subparagraph (C) is met may treat the termined under subsection 302(c)(2) of such before, and reduces payments after, a partic- portion of its experience loss attributable to ipant starts receiving social security bene- Act and section 412(c)(2) of such Code equaled the net investment losses (if any) incurred in fits in order to provide substantially similar the product of the current liability of the either or both of the first two plan years aggregate payments both before and after plan for the year multiplied by the funded ending after August 31, 2008, as an item sepa- such benefits are received, and current liability percentage (as defined in rate from other experience losses, to be am- ‘‘(II) paragraph (4).’’. section 302(d)(8)(B) of such Act and ortized in equal annual installments (until (2) AMENDMENT TO INTERNAL REVENUE CODE 412(l)(8)(B) of such Code) of the plan for the fully amortized) over a period of 30 plan OF 1986.—Section 436(j) of the Internal Rev- second plan year preceding the first election years. enue Code of 1986 is amended by adding at year of such plan. ‘‘(ii) COORDINATION WITH EXTENSIONS.—If the end the following: this subparagraph applies for any plan year— ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— ‘‘(I) no extension of the amortization pe- funded new liability’ and ‘current liability’ Solely for purposes of any applicable provi- riod under clause (i) shall be allowed under shall have the meanings set forth in section sion— subsection (d), and 302(d) of such Act and section 412(l) of such ‘‘(A) IN GENERAL.—For plan years begin- ‘‘(II) if an extension was granted under Code.’’. ning on or after October 1, 2008, and before subsection (d) for any plan year before the (b) ELIGIBLE CHARITY PLANS.—Section 104 October 1, 2010, the adjusted funding target election to have this subparagraph apply to of the Pension Protection Act of 2006 is attainment percentage of a plan shall be the the plan year, such extension shall not result amended— greater of— in such amortization period exceeding 30 (1) by striking ‘‘eligible cooperative plan’’ ‘‘(i) such percentage, as determined with- years. wherever it appears in subsections (a) and (b) out regard to this paragraph, or ‘‘(iii) NET INVESTMENT LOSSES.—For pur- and inserting ‘‘eligible cooperative plan or ‘‘(ii) the adjusted funding target attain- poses of this subparagraph— an eligible charity plan’’, and ment percentage for such plan for the plan ‘‘(I) IN GENERAL.—Net investment losses (2) by adding at the end the following new year beginning after October 1, 2007, and be- shall be determined in the manner prescribed subsection: fore October 1, 2008, as determined under by the Secretary of the Treasury on the basis ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For rules prescribed by the Secretary. of the difference between actual and ex- purposes of this section, a plan shall be ‘‘(B) SPECIAL RULE.—In the case of a plan pected returns (including any difference at- treated as an eligible charity plan for a plan for which the valuation date is not the first tributable to any criminally fraudulent in- year if the plan is maintained by more than day of the plan year— vestment arrangement). one employer and 100 percent of the employ- ‘‘(i) subparagraph (A) shall apply to plan ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT ers are described in section 501(c)(3) of such years beginning after December 31, 2007, and ARRANGEMENTS.—The determination as to Code.’’. before January 1, 2010, and whether an arrangement is a criminally (c) EFFECTIVE DATE.— ‘‘(ii) subparagraph (A)(ii) shall apply based fraudulent investment arrangement shall be (1) IN GENERAL.—The amendment made by on the last plan year beginning before No- made under rules substantially similar to subsection (a) shall take effect as if included vember 1, 2007, as determined under rules the rules prescribed by the Secretary of the in the Pension Protection Act of 2006. prescribed by the Secretary. Treasury for purposes of section 165 of the (2) ELIGIBLE CHARITY PLAN.—The amend- ‘‘(C) APPLICABLE PROVISION.—For purposes Internal Revenue Code of 1986. ments made by subsection (b) shall apply to of this paragraph, the term ‘applicable provi- ‘‘(B) EXPANDED SMOOTHING PERIOD.— plan years beginning after December 31, 2007, sion’ means— ‘‘(i) IN GENERAL.—A multiemployer plan except that a plan sponsor may elect to ‘‘(i) subsection (d), but only for purposes of with respect to which the solvency test apply such amendments to plan years begin- applying such paragraph to a payment under subparagraph (C) is met may change ning after December 31, 2008. Any such elec- which, as determined under rules prescribed its asset valuation method in a manner tion shall be made at such time, and in such by the Secretary, is a payment under a so- which— form and manner, as shall be prescribed by cial security leveling option which acceler- ‘‘(I) spreads the difference between ex- the Secretary of the Treasury, and may be ates payments under the plan before, and re- pected and actual returns for either or both revoked only with the consent of the Sec- duces payments after, a participant starts of the first 2 plan years ending after August retary of the Treasury. receiving social security benefits in order to 31, 2008, over a period of not more than 10 SEC. 303. LOOKBACK FOR CERTAIN BENEFIT RE- provide substantially similar aggregate pay- years, STRICTIONS. ments both before and after such benefits are ‘‘(II) provides that for either or both of (a) IN GENERAL.— received, and such 2 plan years the value of plan assets at (1) AMENDMENT TO ERISA.—Section 206(g)(9) ‘‘(ii) subsection (e).’’. any time shall not be less than 80 percent or of the Employee Retirement Income Secu- (b) INTERACTION WITH WRERA RULE.—Sec- greater than 130 percent of the fair market rity Act of 1974 is amended by adding at the tion 203 of the Worker, Retiree, and Em- value of such assets at such time, or end the following: ployer Recovery Act of 2008 shall apply to a ‘‘(III) makes both changes described in sub- ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— plan for any plan year in lieu of the amend- clauses (I) and (II) to such method. Solely for purposes of any applicable provi- ments made by this section applying to sec- ‘‘(ii) ASSET VALUATION METHODS.—If this sion— tions 206(g)(4) of the Employee Retirement subparagraph applies for any plan year—

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‘‘(I) the Secretary of the Treasury shall ‘‘(iii) NET INVESTMENT LOSSES.—For pur- the Pension Benefit Guaranty Corporation of not treat the asset valuation method of the poses of this subparagraph— such application in such form and manner as plan as unreasonable solely because of the ‘‘(I) IN GENERAL.—Net investment losses the Director of the Pension Benefit Guar- changes in such method described in clause shall be determined in the manner prescribed anty Corporation may prescribe.’’. (i), and by the Secretary on the basis of the dif- (b) EFFECTIVE DATES.— ‘‘(II) such changes shall be deemed ap- ference between actual and expected returns (1) IN GENERAL.—The amendments made by proved by such Secretary under section (including any difference attributable to any this section shall take effect as of the first 302(d)(1) and section 412(d)(1) of such Code. criminally fraudulent investment arrange- day of the first plan year ending after Au- ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- ment). gust 31, 2008, except that any election a plan FUNDED ACCRUED LIABILITY.—If this subpara- ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT makes pursuant to this section that affects graph and subparagraph (A) both apply for ARRANGEMENTS.—The determination as to the plan’s funding standard account for the any plan year, the plan shall treat any re- whether an arrangement is a criminally first plan year ending after August 31, 2008, duction in unfunded accrued liability result- fraudulent investment arrangement shall be shall be disregarded for purposes of applying ing from the application of this subpara- made under rules substantially similar to the provisions of section 305 of the Employee graph as a separate experience amortization the rules prescribed by the Secretary for pur- Retirement Income Security Act of 1974 and base, to be amortized in equal annual install- poses of section 165. section 432 of the Internal Revenue Code of ments (until fully amortized) over a period ‘‘(B) EXPANDED SMOOTHING PERIOD.— 1986 to such plan year. of 30 plan years rather than the period such ‘‘(i) IN GENERAL.—A multiemployer plan (2) RESTRICTIONS ON BENEFIT INCREASES.— with respect to which the solvency test liability would otherwise be amortized over. Notwithstanding paragraph (1), the restric- under subparagraph (C) is met may change ‘‘(C) SOLVENCY TEST.—The solvency test tions on plan amendments increasing bene- its asset valuation method in a manner under this paragraph is met only if the plan fits in sections 304(b)(8)(D) of such Act and which— actuary certifies that the plan is projected 431(b)(8)(D) of such Code, as added by this ‘‘(I) spreads the difference between ex- to have sufficient assets to timely pay ex- section, shall take effect on the date of en- pected and actual returns for either or both pected benefits and anticipated expenditures actment of this Act. of the first 2 plan years ending after August TITLE IV—OFFSET PROVISIONS over the amortization period, taking into ac- 31, 2008, over a period of not more than 10 count the changes in the funding standard years, Subtitle A—Black Liquor account under this paragraph. ‘‘(II) provides that for either or both of SEC. 401. EXCLUSION OF UNPROCESSED FUELS ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— such 2 plan years the value of plan assets at FROM THE CELLULOSIC BIOFUEL If subparagraph (A) or (B) apply to a multi- any time shall not be less than 80 percent or PRODUCER CREDIT. employer plan for any plan year, then, in ad- greater than 130 percent of the fair market (a) IN GENERAL.—Subparagraph (E) of sec- dition to any other applicable restrictions on value of such assets at such time, or tion 40(b)(6) is amended by adding at the end benefit increases, a plan amendment increas- ‘‘(III) makes both changes described in sub- the following new clause: ing benefits may not go into effect during ei- clauses (I) and (II) to such method. ‘‘(iii) EXCLUSION OF UNPROCESSED FUELS.— ther of the 2 plan years immediately fol- ‘‘(ii) ASSET VALUATION METHODS.—If this The term ‘cellulosic biofuel’ shall not in- lowing such plan year unless— subparagraph applies for any plan year— clude any fuel if— ‘‘(i) the plan actuary certifies that— ‘‘(I) the Secretary shall not treat the asset ‘‘(I) more than 4 percent of such fuel (de- ‘‘(I) any such increase is paid for out of ad- valuation method of the plan as unreason- termined by weight) is any combination of ditional contributions not allocated to the able solely because of the changes in such water and sediment, or plan immediately before the application of method described in clause (i), and ‘‘(II) the ash content of such fuel is more this paragraph to the plan, and ‘‘(II) such changes shall be deemed ap- than 1 percent (determined by weight).’’. ‘‘(II) the plan’s funded percentage and pro- proved by the Secretary under section (b) EFFECTIVE DATE.—The amendment jected credit balances for such 2 plan years 302(d)(1) of the Employee Retirement Income made by this section shall apply to fuels sold are reasonably expected to be at least as Security Act of 1974 and section 412(d)(1). or used after the date of the enactment of high as such percentage and balances would ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- this Act. have been if the benefit increase had not FUNDED ACCRUED LIABILITY.—If this subpara- SEC. 402. PROHIBITION ON ALTERNATIVE FUEL been adopted, or graph and subparagraph (A) both apply for CREDIT AND ALTERNATIVE FUEL ‘‘(ii) the amendment is required as a condi- any plan year, the plan shall treat any re- MIXTURE CREDIT FOR BLACK LIQ- tion of qualification under part I of sub- duction in unfunded accrued liability result- UOR. chapter D of chapter 1 of the Internal Rev- ing from the application of this subpara- (a) IN GENERAL.—The last sentence of sec- enue Code of 1986 or to comply with other ap- graph as a separate experience amortization tion 6426(d)(2) is amended by striking ‘‘or plicable law. base, to be amortized in equal annual install- biodiesel’’ and inserting ‘‘biodiesel, or any ‘‘(E) REPORTING.—A plan sponsor of a plan ments (until fully amortized) over a period fuel (including lignin, wood residues, or to which this paragraph applies shall inform of 30 plan years rather than the period such spent pulping liquors) derived from the pro- the Pension Benefit Guaranty Corporation of liability would otherwise be amortized over. duction of paper or pulp’’. (b) EFFECTIVE DATE.—The amendment such application in such form and manner as ‘‘(C) SOLVENCY TEST.—The solvency test the Director of the Pension Benefit Guar- under this paragraph is met only if the plan made by this section shall apply to fuel sold anty Corporation may prescribe.’’. actuary certifies that the plan is projected or used after December 31, 2009. (2) AMENDMENT TO INTERNAL REVENUE CODE to have sufficient assets to timely pay ex- Subtitle B—Homebuyer Credit OF 1986.—Section 431(b) is amended by adding pected benefits and anticipated expenditures SEC. 411. TECHNICAL MODIFICATIONS TO HOME- at the end the following new paragraph: over the amortization period, taking into ac- BUYER CREDIT. ‘‘(8) SPECIAL RELIEF RULES.—Notwith- count the changes in the funding standard (a) EXPANDED DOCUMENTATION REQUIRE- standing any other provision of this sub- account under this paragraph. MENT.—Subsection (d) of section 36, as section— ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— amended by the Worker, Homeownership, ‘‘(A) AMORTIZATION OF NET INVESTMENT If subparagraph (A) or (B) apply to a multi- and Business Assistance Act of 2009, is LOSSES.— employer plan for any plan year, then, in ad- amended— ‘‘(i) IN GENERAL.—A multiemployer plan dition to any other applicable restrictions on (1) by striking ‘‘or’’ at the end of paragraph with respect to which the solvency test benefit increases, a plan amendment increas- (3), under subparagraph (C) is met may treat the ing benefits may not go into effect during ei- (2) by striking the period at the end of portion of its experience loss attributable to ther of the 2 plan years immediately fol- paragraph (4) and inserting a comma, and the net investment losses (if any) incurred in lowing such plan year unless— (3) by adding at the end the following new either or both of the first two plan years ‘‘(i) the plan actuary certifies that— paragraphs: ending after August 31, 2008, as an item sepa- ‘‘(I) any such increase is paid for out of ad- ‘‘(5) in the case of a taxpayer to whom such rate from other experience losses, to be am- ditional contributions not allocated to the a credit would be allowed (but for this para- ortized in equal annual installments (until plan immediately before the application of graph) by reason of subsection (c)(6), the tax- fully amortized) over a period of 30 plan this paragraph to the plan, and payer fails to attach to the return of tax for years. ‘‘(II) the plan’s funded percentage and pro- such taxable year a copy of such property ‘‘(ii) COORDINATION WITH EXTENSIONS.—If jected credit balances for such 2 plan years tax bills or other documentation as are re- this subparagraph applies for any plan year— are reasonably expected to be at least as quired by the Secretary to demonstrate com- ‘‘(I) no extension of the amortization pe- high as such percentage and balances would pliance with the requirements of subsection riod under clause (i) shall be allowed under have been if the benefit increase had not (c)(6), or subsection (d), and been adopted, or ‘‘(6) in the case of a taxpayer to whom such ‘‘(II) if an extension was granted under ‘‘(ii) the amendment is required as a condi- a credit would be allowed (but for this para- subsection (d) for any plan year before the tion of qualification under part I of sub- graph) by reason of subsection (h)(2), the tax- election to have this subparagraph apply to chapter D or to comply with other applicable payer fails to attach to the return of tax for the plan year, such extension shall not result law. such taxable year a copy of the binding con- in such amortization period exceeding 30 ‘‘(E) REPORTING.—A plan sponsor of a plan tract which meets the requirements of sub- years. to which this paragraph applies shall inform section (h)(2).’’.

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(b) MODIFICATION OF EFFECTIVE DATE OF ‘‘(C) OTHER COMMON LAW DOCTRINES NOT AF- which is attributable to one or more trans- DOCUMENTATION REQUIREMENTS.—Paragraph FECTED.—Except as specifically provided in actions described in section 6662(b)(6).’’. (2) of section 12(e) of the Worker, Homeown- this subsection, the provisions of this sub- (2) REASONABLE CAUSE EXCEPTION FOR RE- ership, and Business Assistance Act of 2009 is section shall not be construed as altering or PORTABLE TRANSACTION UNDERSTATEMENTS.— amended by striking ‘‘returns for taxable supplanting any other rule of law, and the Subsection (d) of section 6664 is amended— years ending after the date of the enactment requirements of this subsection shall be con- (A) by redesignating paragraphs (2) and (3) of this Act’’ and inserting ‘‘returns filed strued as being in addition to any such other as paragraphs (3) and (4), respectively; after the date of the enactment of this Act’’. rule of law. (B) by striking ‘‘paragraph (2)(C)’’ in para- (c) EFFECTIVE DATES.— ‘‘(D) DETERMINATION OF APPLICATION OF graph (4), as so redesignated, and inserting (1) DOCUMENTATION REQUIREMENTS.—The DOCTRINE NOT AFFECTED.—The determination ‘‘paragraph (3)(C)’’; and amendments made by subsection (a) shall of whether the economic substance doctrine (C) by inserting after paragraph (1) the fol- apply to purchases on or after the date of the is relevant to a transaction shall be made in lowing new paragraph: enactment of this Act. the same manner as if this subsection had ‘‘(2) EXCEPTION.—Paragraph (1) shall not (2) EFFECTIVE DATE OF WORKER, HOMEOWN- never been enacted. apply to any portion of a reportable trans- ERSHIP, AND BUSINESS ASSISTANCE ACT.—The ‘‘(E) TRANSACTION.—The term ‘transaction’ action understatement which is attributable amendment made by subsection (b) shall includes a series of transactions. to one or more transactions described in sec- apply to purchases of a principal residence ‘‘(6) REGULATIONS.—The Secretary shall tion 6662(b)(6).’’. on or after the date of the enactment of the prescribe such regulations as may be nec- (d) APPLICATION OF PENALTY FOR ERRO- Worker, Homeownership, and Business As- essary or appropriate to carry out the pur- NEOUS CLAIM FOR REFUND OR CREDIT TO NON- sistance Act of 2009. poses of this subsection.’’. ECONOMIC SUBSTANCE TRANSACTIONS.—Sec- (b) PENALTY FOR UNDERPAYMENTS ATTRIB- Subtitle C—Economic Substance tion 6676 is amended by redesignating sub- UTABLE TO TRANSACTIONS LACKING ECONOMIC section (c) as subsection (d) and inserting SEC. 421. CODIFICATION OF ECONOMIC SUB- SUBSTANCE.— after subsection (b) the following new sub- STANCE DOCTRINE; PENALTIES. (1) IN GENERAL.—Subsection (b) of section (a) IN GENERAL.—Section 7701 is amended section: 6662 is amended by inserting after paragraph ‘‘(c) NONECONOMIC SUBSTANCE TRANS- by redesignating subsection (o) as subsection (5) the following new paragraph: (p) and by inserting after subsection (n) the ACTIONS TREATED AS LACKING REASONABLE ‘‘(6) Any disallowance of claimed tax bene- BASIS.—For purposes of this section, any ex- following new subsection: fits by reason of a transaction lacking eco- ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE cessive amount which is attributable to any nomic substance (within the meaning of sec- transaction described in section 6662(b)(6) DOCTRINE.— tion 7701(o)) or failing to meet the require- ‘‘(1) APPLICATION OF DOCTRINE.—In the case shall not be treated as having a reasonable ments of any similar rule of law.’’. basis.’’. of any transaction to which the economic (2) INCREASED PENALTY FOR NONDISCLOSED substance doctrine is relevant, such trans- (e) EFFECTIVE DATE.— TRANSACTIONS.—Section 6662 is amended by (1) IN GENERAL.—Except as otherwise pro- action shall be treated as having economic adding at the end the following new sub- substance only if— vided in this subsection, the amendments section: made by this section shall apply to trans- ‘‘(A) the transaction changes in a meaning- ‘‘(i) INCREASE IN PENALTY IN CASE OF NON- ful way (apart from Federal income tax ef- actions entered into after the date of the en- DISCLOSED NONECONOMIC SUBSTANCE TRANS- actment of this Act. fects) the taxpayer’s economic position, and ACTIONS.— (2) UNDERPAYMENTS.—The amendments ‘‘(B) the taxpayer has a substantial pur- ‘‘(1) IN GENERAL.—In the case of any por- made by subsections (b) and (c)(1) shall apply pose (apart from Federal income tax effects) tion of an underpayment which is attrib- to underpayments attributable to trans- for entering into such transaction. utable to one or more nondisclosed non- actions entered into after the date of the en- ‘‘(2) SPECIAL RULE WHERE TAXPAYER RELIES economic substance transactions, subsection actment of this Act. ON PROFIT POTENTIAL.— (a) shall be applied with respect to such por- (3) UNDERSTATEMENTS.—The amendments ‘‘(A) IN GENERAL.—The potential for profit tion by substituting ‘40 percent’ for ‘20 per- made by subsection (c)(2) shall apply to un- of a transaction shall be taken into account cent’. derstatements attributable to transactions in determining whether the requirements of ‘‘(2) NONDISCLOSED NONECONOMIC SUBSTANCE entered into after the date of the enactment subparagraphs (A) and (B) of paragraph (1) TRANSACTIONS.—For purposes of this sub- of this Act. are met with respect to the transaction only section, the term ‘nondisclosed noneconomic (4) REFUNDS AND CREDITS.—The amendment if the present value of the reasonably ex- substance transaction’ means any portion of made by subsection (d) shall apply to refunds pected pre-tax profit from the transaction is a transaction described in subsection (b)(6) and credits attributable to transactions en- substantial in relation to the present value with respect to which the relevant facts af- tered into after the date of the enactment of of the expected net tax benefits that would fecting the tax treatment are not adequately this Act. be allowed if the transaction were respected. disclosed in the return nor in a statement at- ‘‘(B) TREATMENT OF FEES AND FOREIGN tached to the return. Subtitle D—Additional Provisions TAXES.—Fees and other transaction expenses ‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.— SEC. 431. REVISION TO THE MEDICARE IMPROVE- shall be taken into account as expenses in Except as provided in regulations, in no MENT FUND. determining pre-tax profit under subpara- event shall any amendment or supplement to Section 1898(b)(1)(A) of the Social Security graph (A). The Secretary may issue regula- a return of tax be taken into account for Act (42 U.S.C. 1395iii(b)(1)(A)), as amended by tions requiring foreign taxes to be treated as purposes of this subsection if the amendment section 1011(b) of the Department of Defense expenses in determining pre-tax profit in ap- or supplement is filed after the earlier of the Appropriations Act, 2010 (Public Law 111– propriate cases. date the taxpayer is first contacted by the 118), is amended by striking ‘‘$20,740,000,000’’ ‘‘(3) STATE AND LOCAL TAX BENEFITS.—For Secretary regarding the examination of the and inserting ‘‘$12,740,000,000’’. purposes of paragraph (1), any State or local return or such other date as is specified by TITLE V—SATELLITE TELEVISION income tax effect which is related to a Fed- the Secretary.’’. EXTENSION eral income tax effect shall be treated in the (3) CONFORMING AMENDMENT.—Subpara- SEC. 501. SHORT TITLE. same manner as a Federal income tax effect. graph (B) of section 6662A(e)(2) is amended— This title may be cited as the ‘‘Satellite INANCIAL ACCOUNTING BENEFITS.—For ‘‘(4) F (A) by striking ‘‘section 6662(h)’’ and in- Television Extension and Localism Act of purposes of paragraph (1)(B), achieving a fi- serting ‘‘subsections (h) or (i) of section 2010’’. nancial accounting benefit shall not be 6662’’; and Subtitle A—Statutory Licenses taken into account as a purpose for entering (B) by striking ‘‘GROSS VALUATION into a transaction if the origin of such finan- MISSTATEMENT PENALTY’’ in the heading and SEC. 501. REFERENCE. cial accounting benefit is a reduction of Fed- inserting ‘‘CERTAIN INCREASED UNDER- Except as otherwise provided, whenever in eral income tax. PAYMENT PENALTIES’’. this subtitle an amendment is made to a sec- ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For (c) REASONABLE CAUSE EXCEPTION NOT AP- tion or other provision, the reference shall purposes of this subsection— PLICABLE TO NONECONOMIC SUBSTANCE TRANS- be considered to be made to such section or ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The ACTIONS.— provision of title 17, United States Code. term ‘economic substance doctrine’ means (1) REASONABLE CAUSE EXCEPTION FOR UN- SEC. 502. MODIFICATIONS TO STATUTORY LI- the common law doctrine under which tax DERPAYMENTS.—Subsection (c) of section 6664 CENSE FOR SATELLITE CARRIERS. benefits under subtitle A with respect to a is amended— (a) HEADING RENAMED.— transaction are not allowable if the trans- (A) by redesignating paragraphs (2) and (3) (1) IN GENERAL.—The heading of section 119 action does not have economic substance or as paragraphs (3) and (4), respectively; is amended by striking ‘‘superstations and lacks a business purpose. (B) by striking ‘‘paragraph (2)’’ in para- network stations for private home viewing’’ ‘‘(B) EXCEPTION FOR PERSONAL TRANS- graph (4)(A), as so redesignated, and insert- and inserting ‘‘distant television program- ACTIONS OF INDIVIDUALS.—In the case of an ing ‘‘paragraph (3)’’; and ming by satellite’’. individual, paragraph (1) shall apply only to (C) by inserting after paragraph (1) the fol- (2) TABLE OF CONTENTS.—The table of con- transactions entered into in connection with lowing new paragraph: tents for chapter 1 is amended by striking a trade or business or an activity engaged in ‘‘(2) EXCEPTION.—Paragraph (1) shall not the item relating to section 119 and inserting for the production of income. apply to any portion of an underpayment the following:

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(B) by striking ‘‘paragraph (4)’’ and insert- (ee) by striking ‘‘distributors’’ and insert- (b) UNSERVED HOUSEHOLD DEFINED.— ing ‘‘paragraph (5)’’; ing ‘‘distributors—’’; (1) IN GENERAL.—Section 119(d)(10) is (6) in paragraph (4), as redesignated— (III) in subclause (II)— amended— (A) by striking ‘‘paragraph (2)’’ and insert- (aa) by striking ‘‘Librarian of Congress’’ (A) by striking subparagraph (A) and in- ing ‘‘paragraph (3)’’; and and inserting ‘‘Copyright Royalty Judges’’; serting the following: (B) by striking ‘‘paragraph (4)’’ each place and ‘‘(A) cannot receive, through the use of an it appears and inserting ‘‘paragraph (5)’’; and (bb) by striking ‘‘arbitration’’; and antenna, an over-the-air signal containing (7) in paragraph (5), as redesignated, by (IV) by amending the last sentence to read the primary stream, or, on or after the quali- striking ‘‘paragraph (2)’’ and inserting as follows: ‘‘Such proceeding shall be con- ‘‘paragraph (3)’’. fying date, the multicast stream, originating ducted under chapter 8.’’; in that household’s local market and affili- (e) ADJUSTMENT OF ROYALTY FEES.—Sec- tion 119(c) is amended as follows: (iii) in clause (ii), by amending the matter ated with that network of— preceding subclause (I) to read as follows: ‘‘(i) if the signal originates as an analog (1) Paragraph (1) is amended— (A) in the heading for such paragraph, by ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In signal, Grade B intensity as defined by the determining royalty fees under this subpara- Federal Communications Commission in sec- striking ‘‘ANALOG’’; (B) in subparagraph (A)— graph, the Copyright Royalty Judges shall tion 73.683(a) of title 47, Code of Federal Reg- establish fees for the secondary trans- ulations, as in effect on January 1, 1999; or (i) by striking ‘‘primary analog trans- missions’’ and inserting ‘‘primary trans- missions of the primary transmissions of ‘‘(ii) if the signal originates as a digital missions’’; and network stations and non-network stations signal, intensity defined in the values for the (ii) by striking ‘‘July 1, 2004’’ and inserting that most clearly represent the fair market digital television noise-limited service con- ‘‘July 1, 2009’’; value of secondary transmissions, except tour, as defined in regulations issued by the (C) in subparagraph (B)— that the Copyright Royalty Judges shall ad- Federal Communications Commission (sec- (i) by striking ‘‘January 2, 2005, the Librar- just royalty fees to account for the obliga- tion 73.622(e) of title 47, Code of Federal Reg- ian of Congress’’ and inserting ‘‘March 1, tions of the parties under any applicable vol- ulations), as such regulations may be amend- 2010, the Copyright Royalty Judges’’; and untary agreement filed with the Copyright ed from time to time;’’; (ii) by striking ‘‘primary analog trans- (B) in subparagraph (B)— Royalty Judges in accordance with subpara- mission’’ and inserting ‘‘primary trans- graph (D). In determining the fair market (i) by striking ‘‘subsection (a)(14)’’ and in- missions’’; serting ‘‘subsection (a)(13),’’; and value, the Judges shall base their decision on (D) in subparagraph (C), by striking ‘‘Li- economic, competitive, and programming in- (ii) by striking ‘‘Satellite Home Viewer Ex- brarian of Congress’’ and inserting ‘‘Copy- tension and Reauthorization Act of 2004’’ and formation presented by the parties, includ- right Royalty Judges’’; ing—’’; inserting ‘‘Satellite Television Extension (E) in subparagraph (D)— and Localism Act of 2010’’; and (iv) by amending clause (iii) to read as fol- (i) in clause (i)— lows: (C) in subparagraph (D), by striking (I) by striking ‘‘(i) Voluntary agreements’’ ‘‘(iii) EFFECTIVE DATE FOR DECISION OF ‘‘(a)(12)’’ and inserting ‘‘(a)(11)’’. and inserting the following: COPYRIGHT ROYALTY JUDGES.—The obligation (2) QUALIFYING DATE DEFINED.—Section ‘‘(i) VOLUNTARY AGREEMENTS; FILING.—Vol- to pay the royalty fees established under a 119(d) is amended by adding at the end the untary agreements’’; and determination that is made by the Copyright following: (II) by striking ‘‘that a parties’’ and insert- ‘‘(14) QUALIFYING DATE.—The term ‘quali- ing ‘‘that are parties’’; and Royalty Judges in a proceeding under this fying date’, for purposes of paragraph (10)(A), (ii) in clause (ii)— paragraph shall be effective as of January 1, means— (I) by striking ‘‘(ii)(I) Within’’ and insert- 2010.’’; and ‘‘(A) July 1, 2010, for multicast streams ing the following: (v) in clause (iv)— that exist on December 31, 2009; and ‘‘(ii) PROCEDURE FOR ADOPTION OF FEES.— (I) in the heading, by striking ‘‘FEE’’ and ‘‘(B) January 1, 2011, for all other multicast ‘‘(I) PUBLICATION OF NOTICE.—Within’’; inserting ‘‘FEES’’; and streams.’’. (II) in subclause (I), by striking ‘‘an arbi- (II) by striking ‘‘fee referred to in (iii)’’ and (c) FILING FEE.—Section 119(b)(1) is amend- tration proceeding pursuant to subparagraph inserting ‘‘fees referred to in clause (iii)’’. ed— (E)’’ and inserting ‘‘a proceeding under sub- (2) Paragraph (2) is amended to read as fol- (1) in subparagraph (A), by striking ‘‘and’’ paragraph (F)’’; lows: after the semicolon at the end; (III) in subclause (II), by striking ‘‘(II) ‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.— (2) in subparagraph (B), by striking the pe- Upon receiving a request under subclause (I), Effective January 1 of each year, the royalty riod and inserting ‘‘; and’’; and the Librarian of Congress’’ and inserting the fee payable under subsection (b)(1)(B) for the (3) by adding at the end the following: following: secondary transmission of the primary ‘‘(C) a filing fee, as determined by the Reg- ‘‘(II) PUBLIC NOTICE OF FEES.—Upon receiv- transmissions of network stations and non- ister of Copyrights pursuant to section ing a request under subclause (I), the Copy- network stations shall be adjusted by the 708(a).’’. right Royalty Judges’’; and Copyright Royalty Judges to reflect any (d) DEPOSIT OF STATEMENTS AND FEES; (IV) in subclause (III)— changes occurring in the cost of living as de- VERIFICATION PROCEDURES.—Section 119(b) is (aa) by striking ‘‘(III) The Librarian’’ and termined by the most recent Consumer Price amended— inserting the following: Index (for all consumers and for all items) (1) by amending the subsection heading to ‘‘(III) ADOPTION OF FEES.—The Copyright published by the Secretary of Labor before read as follows: ‘‘(b) DEPOSIT OF STATEMENTS Royalty Judges’’; December 1 of the preceding year. Notifica- AND FEES; VERIFICATION PROCEDURES.—’’; (bb) by striking ‘‘an arbitration pro- tion of the adjusted fees shall be published in (2) in paragraph (1), by striking subpara- ceeding’’ and inserting ‘‘the proceeding the Federal Register at least 25 days before graph (B) and inserting the following: under subparagraph (F)’’; and January 1.’’. ‘‘(B) a royalty fee payable to copyright (cc) by striking ‘‘the arbitration pro- owners pursuant to paragraph (4) for that 6- ceeding’’ and inserting ‘‘that proceeding’’; (f) DEFINITIONS.— month period, computed by multiplying the (F) in subparagraph (E)— (1) SUBSCRIBER.—Section 119(d)(8) is total number of subscribers receiving each (i) by striking ‘‘Copyright Office’’ and in- amended to read as follows: secondary transmission of a primary stream serting ‘‘Copyright Royalty Judges’’; and ‘‘(8) SUBSCRIBER; SUBSCRIBE.— or multicast stream of each non-network (ii) by striking ‘‘February 28, 2010’’ and in- ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ station or network station during each cal- serting ‘‘December 31, 2014’’; and means a person or entity that receives a sec- endar year month by the appropriate rate in (G) in subparagraph (F)— ondary transmission service from a satellite effect under this subsection; and’’; (i) in the heading, by striking ‘‘COMPUL- carrier and pays a fee for the service, di- (3) by redesignating paragraphs (2), (3), and SORY ARBITRATION’’ and inserting ‘‘ COPY- rectly or indirectly, to the satellite carrier (4) as paragraphs (3), (4), and (5), respec- RIGHT ROYALTY JUDGES PROCEEDING’’; or to a distributor. tively; (ii) in clause (i)— ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ (4) by inserting after paragraph (1) the fol- (I) in the heading, by striking ‘‘PRO- means to elect to become a subscriber.’’. lowing: CEEDINGS’’ and inserting ‘‘THE PROCEEDING’’; (2) LOCAL MARKET.—Section 119(d)(11) is ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE (II) in the matter preceding subclause (I)— amended to read as follows: PAYMENTS.—The Register of Copyrights shall (aa) by striking ‘‘May 1, 2005, the Librarian ‘‘(11) LOCAL MARKET.—The term ‘local mar- issue regulations to permit interested par- of Congress’’ and inserting ‘‘May 3, 2010, the ket’ has the meaning given such term under ties to verify and audit the statements of ac- Copyright Royalty Judges’’; section 122(j).’’. count and royalty fees submitted by satellite (bb) by striking ‘‘arbitration proceedings’’ (3) LOW POWER TELEVISION STATION.—Sec- carriers under this subsection.’’; and inserting ‘‘a proceeding’’; tion 119(d) is amended by striking paragraph (5) in paragraph (3), as redesignated, in the (cc) by striking ‘‘fee to be paid’’ and insert- (12) and redesignating paragraphs (13) and first sentence— ing ‘‘fees to be paid’’; (14) as paragraphs (12) and (13), respectively.

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(4) MULTICAST STREAM.—Section 119(d), as ‘‘(ii) MONTHLY LISTS.—After the submission mission as of the date of the enactment of amended by paragraph (3), is further amend- of the initial lists under clause (i), the sat- the Satellite Television Extension and Lo- ed by adding at the end the following new ellite carrier shall, not later than the 15th of calism Act of 2010 and, at the time such per- paragraph: each month, submit to the network a list, son seeks to subscribe to receive such sec- ‘‘(14) MULTICAST STREAM.—The term aggregated by designated market area, iden- ondary transmission, resides in a local mar- ‘multicast stream’ means a digital stream tifying (by name and address, including ket where the satellite carrier makes avail- containing programming and program-re- street or rural route number, city, State, able to that person the secondary trans- lated material affiliated with a television and 9-digit zip code) any persons who have mission of the primary transmission of a network, other than the primary stream.’’. been added or dropped as subscribers under local network station affiliated with the (5) PRIMARY STREAM.—Section 119(d), as clause (i) since the last submission under same network pursuant to the statutory li- amended by paragraph (4), is further amend- this subparagraph.’’; and cense under section 122. ed by adding at the end the following new (iii) in subparagraph (E) of paragraph (3) ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE AFTER paragraph: (as redesignated)— SUBSCRIPTION.—In the case of a subscriber ‘‘(15) PRIMARY STREAM.—The term ‘primary (I) by striking ‘‘under paragraph (3) or’’; who lawfully subscribes to and receives the stream’ means— and secondary transmission by a satellite carrier ‘‘(A) the single digital stream of program- (II) by striking ‘‘paragraph (12)’’ and in- of the primary transmission of a network ming as to which a television broadcast sta- serting ‘‘paragraph (11)’’; and station under the statutory license under tion has the right to mandatory carriage (B) in subsection (b)(1), by striking the paragraph (2) (in this clause referred to as with a satellite carrier under the rules of the final sentence. the ‘distant signal’) on or after the date of (i) MODIFICATIONS TO PROVISIONS FOR SEC- Federal Communications Commission in ef- the enactment of the Satellite Television ONDARY TRANSMISSIONS BY SATELLITE CAR- fect on July 1, 2009; or Extension and Localism Act of 2010, the stat- RIERS.— ‘‘(B) if there is no stream described in sub- utory license under paragraph (2) shall apply (1) PREDICTIVE MODEL.—Section paragraph (A), then either— to secondary transmissions by that satellite 119(a)(2)(B)(ii) is amended by adding at the ‘‘(i) the single digital stream of program- carrier to that subscriber of the distant sig- end the following: ming associated with the network last trans- nal of a station affiliated with the same tele- ‘‘(III) ACCURATE PREDICTIVE MODEL WITH RE- mitted by the station as an analog signal; or vision network, and the subscriber’s house- SPECT TO DIGITAL SIGNALS.—Notwithstanding ‘‘(ii) if there is no stream described in subclause (I), in determining presumptively hold shall continue to be considered to be an clause (i), then the single digital stream of whether a person resides in an unserved unserved household with respect to such net- programming affiliated with the network household under subsection (d)(10)(A) with work, until such time as the subscriber that, as of July 1, 2009, had been offered by respect to digital signals, a court shall rely elects to terminate such secondary trans- the television broadcast station for the long- on a predictive model set forth by the Fed- missions, but only if such subscriber sub- est period of time.’’. eral Communications Commission pursuant scribes to the secondary transmission of the (6) CLERICAL AMENDMENT.—Section 119(d) is to a rulemaking as provided in section primary transmission of a local network sta- amended in paragraphs (1), (2), and (5) by 339(c)(3) of the Communications Act of 1934 tion affiliated with the same network within striking ‘‘which’’ each place it appears and (47 U.S.C. 339(c)(3)), as that model may be 60 days after the satellite carrier makes inserting ‘‘that’’. amended by the Commission over time under available to the subscriber such secondary (g) SUPERSTATION REDESIGNATED AS NON- such section to increase the accuracy of that transmission of the primary transmission of NETWORK STATION.—Section 119 is amended— model. Until such time as the Commission such local network station.’’; (1) by striking ‘‘superstation’’ each place it sets forth such model, a court shall rely on (C) by redesignating subparagraphs (E), appears in a heading and each place it ap- the predictive model as recommended by the (F), and (G) as subparagraphs (D), (E), and pears in text and inserting ‘‘non-network Commission with respect to digital signals (F), respectively; station’’; and in its Report to Congress in ET Docket No. (D) in subparagraph (E) (as redesignated), (2) by striking ‘‘superstations’’ each place 05–182, FCC 05–199 (released December 9, by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or it appears in a heading and each place it ap- 2005).’’. (C)’’; and pears in text and inserting ‘‘non-network (2) MODIFICATIONS TO STATUTORY LICENSE (E) in subparagraph (F) (as redesignated), stations’’. WHERE RETRANSMISSIONS INTO LOCAL MARKET by inserting ‘‘9-digit’’ before ‘‘zip code’’. (h) REMOVAL OF CERTAIN PROVISIONS.— AVAILABLE.—Section 119(a)(3) (as redesig- (3) STATUTORY DAMAGES FOR TERRITORIAL (1) REMOVAL OF PROVISIONS.—Section 119(a) nated) is amended— RESTRICTIONS.—Section 119(a)(6) (as redesig- is amended— (A) by striking ‘‘analog’’ each place it ap- nated) is amended— (A) in paragraph (2), by striking subpara- pears in a heading and text; (A) in subparagraph (A)(ii), by striking graph (C) and redesignating subparagraph (B) by striking subparagraphs (B), (C), and ‘‘$5’’ and inserting ‘‘$250’’; (D) as subparagraph (C); (D), and inserting the following: (B) in subparagraph (B)—— (B) by striking paragraph (3) and redesig- ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF (i) in clause (i), by striking ‘‘$250,000 for nating paragraphs (4) through (14) as para- DATE OF ENACTMENT OF 2010 ACT.—In the case each 6-month period’’ and inserting graphs (3) through (13), respectively; and of a subscriber of a satellite carrier who, on ‘‘$2,500,000 for each 3-month period’’; and (C) by striking paragraph (15) and redesig- the day before the date of the enactment of (ii) in clause (ii), by striking ‘‘$250,000’’ and nating paragraph (16) as paragraph (14). the Satellite Television Extension and Lo- inserting ‘‘$2,500,000’’; and (2) CONFORMING AMENDMENTS.—Section 119 calism Act of 2010, was lawfully receiving the (C) by adding at the end the following flush is amended— secondary transmission of the primary sentences: (A) in subsection (a)— transmission of a network station under the ‘‘The court shall direct one half of any statu- (i) in paragraph (1), by striking ‘‘(5), (6), statutory license under paragraph (2) (in this tory damages ordered under clause (i) to be and (8)’’ and inserting ‘‘(4), (5), and (7)’’; subparagraph referred to as the ‘distant sig- deposited with the Register of Copyrights for (ii) in paragraph (2)— nal’), other than subscribers to whom sub- distribution to copyright owners pursuant to (I) in subparagraph (A), by striking ‘‘sub- paragraph (A) applies, the statutory license subsection (b). The Copyright Royalty paragraphs (B) and (C) of this paragraph and under paragraph (2) shall apply to secondary Judges shall issue regulations establishing paragraphs (5), (6), (7), and (8)’’ and inserting transmissions by that satellite carrier to procedures for distributing such funds, on a ‘‘subparagraph (B) of this paragraph and that subscriber of the distant signal of a sta- proportional basis, to copyright owners paragraphs (4), (5), (6), and (7)’’; tion affiliated with the same television net- whose works were included in the secondary (II) in subparagraph (B)(i), by striking the work, and the subscriber’s household shall transmissions that were the subject of the second sentence; and continue to be considered to be an unserved statutory damages.’’. (III) in subparagraph (C) (as redesignated), household with respect to such network, (4) TECHNICAL AMENDMENT.—Section by striking clauses (i) and (ii) and inserting until such time as the subscriber elects to 119(a)(4) (as redesignated) is amended by the following: terminate such secondary transmissions, striking ‘‘and 509’’. ‘‘(i) INITIAL LISTS.—A satellite carrier that whether or not the subscriber elects to sub- (5) CLERICAL AMENDMENT.—Section makes secondary transmissions of a primary scribe to receive the secondary transmission 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In transmission made by a network station pur- of the primary transmission of a local net- this clause’’ and inserting ‘‘In this clause,’’. suant to subparagraph (A) shall, not later work station affiliated with the same net- (j) MORATORIUM EXTENSION.—Section 119(e) than 90 days after commencing such sec- work pursuant to the statutory license under is amended by striking ‘‘February 28, 2010’’ ondary transmissions, submit to the network section 122. and inserting ‘‘December 31, 2014’’. that owns or is affiliated with the network ‘‘(C) FUTURE APPLICABILITY.— station a list identifying (by name and ad- ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME (k) CLERICAL AMENDMENTS.—Section 119 is dress, including street or rural route num- OF SUBSCRIPTION.—The statutory license amended— ber, city, State, and 9-digit zip code) all sub- under paragraph (2) shall not apply to the (1) by striking ‘‘of the Code of Federal Reg- scribers to which the satellite carrier makes secondary transmission by a satellite carrier ulations’’ each place it appears and inserting secondary transmissions of that primary of the primary transmission of a network ‘‘, Code of Federal Regulations’’; and transmission to subscribers in unserved station to a person who is not a subscriber (2) in subsection (d)(6), by striking ‘‘or the households. lawfully receiving such secondary trans- Direct’’ and inserting ‘‘, or the Direct’’.

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SEC. 503. MODIFICATIONS TO STATUTORY LI- ‘‘(A) IN GENERAL.—Subject to subpara- ing such secondary transmissions to any sub- CENSE FOR SATELLITE CARRIERS IN graphs (B) and (C), a secondary transmission scribers in that county on January 1, 2004. LOCAL MARKETS. of a performance or display of a work em- ‘‘(D) CERTAIN ADDITIONAL STATIONS.—If 2 (a) HEADING RENAMED.— bodied in a primary transmission of a tele- adjacent counties in a single State are in a (1) IN GENERAL.—The heading of section 122 vision broadcast station to subscribers who local market comprised principally of coun- is amended by striking ‘‘BY SATELLITE receive secondary transmissions of primary ties located in another State, the statutory CARRIERS WITHIN LOCAL MARKETS’’ and transmissions under paragraph (1) shall be inserting ‘‘OF LOCAL TELEVISION PRO- license provided for in this paragraph shall subject to statutory licensing under this apply to the secondary transmission by a GRAMMING BY SATELLITE’’. paragraph if the secondary transmission is of (2) TABLE OF CONTENTS.—The table of con- satellite carrier to subscribers in those 2 the primary transmission of a television counties of the primary transmissions of any tents for chapter 1 is amended by striking broadcast station that is licensed as a low the item relating to section 122 and inserting network station located in the capital of the power television station, to a subscriber who State in which such 2 counties are located, the following: resides within the same designated market if— ‘‘122. Limitations on exclusive rights: Sec- area as the station that originates the trans- ‘‘(i) the 2 counties are located in a local ondary transmissions of local mission. market that is in the top 100 markets for the television programming by sat- ‘‘(B) NO APPLICABILITY TO REPEATERS AND year 2003 according to Nielsen Media Re- ellite.’’. TRANSLATORS.—Secondary transmissions (b) STATUTORY LICENSE.—Section 122(a) is provided for in subparagraph (A) shall not search; and amended to read as follows: apply to any low power television station ‘‘(ii) the total number of television house- ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL that retransmits the programs and signals of holds in the 2 counties combined did not ex- MARKETS.— another television station for more than 2 ceed 10,000 for the year 2003 according to ‘‘(1) SECONDARY TRANSMISSIONS OF TELE- hours each day. Nielsen Media Research. VISION BROADCAST STATIONS WITHIN A LOCAL ‘‘(C) NO IMPACT ON OTHER SECONDARY ‘‘(E) NETWORKS OF NONCOMMERCIAL EDU- MARKET .—A secondary transmission of a per- TRANSMISSIONS OBLIGATIONS.—A satellite car- CATIONAL BROADCAST STATIONS.—In the case formance or display of a work embodied in a rier that makes secondary transmissions of a of a system of three or more noncommercial primary transmission of a television broad- primary transmission of a low power tele- educational broadcast stations licensed to a cast station into the station’s local market vision station under a statutory license pro- single State, public agency, or political, edu- shall be subject to statutory licensing under vided under this section is not required, by cational, or special purpose subdivision of a this section if— reason of such secondary transmissions, to State, the statutory license provided for in ‘‘(A) the secondary transmission is made make any other secondary transmissions. this paragraph shall apply to the secondary by a satellite carrier to the public; ‘‘(4) SPECIAL EXCEPTIONS.—A secondary transmission of the primary transmission of ‘‘(B) with regard to secondary trans- transmission of a performance or display of a such system to any subscriber in any county missions, the satellite carrier is in compli- work embodied in a primary transmission of or county equivalent within such State, if ance with the rules, regulations, or author- a television broadcast station to subscribers such subscriber is located in a designated izations of the Federal Communications who receive secondary transmissions of pri- market area that is not otherwise eligible to Commission governing the carriage of tele- mary transmissions under paragraph (1) receive the secondary transmission of the vision broadcast station signals; and shall, if the secondary transmission is made primary transmission of a noncommercial ‘‘(C) the satellite carrier makes a direct or by a satellite carrier that complies with the educational broadcast station located within indirect charge for the secondary trans- requirements of paragraph (1), be subject to the State pursuant to paragraph (1). mission to— statutory licensing under this paragraph as ‘‘(5) APPLICABILITY OF ROYALTY RATES AND ‘‘(i) each subscriber receiving the sec- follows: PROCEDURES.—The royalty rates and proce- ondary transmission; or ‘‘(A) STATES WITH SINGLE FULL-POWER NET- dures under section 119(b) shall apply to the ‘‘(ii) a distributor that has contracted with WORK STATION.—In a State in which there is secondary transmissions to which the statu- the satellite carrier for direct or indirect de- licensed by the Federal Communications tory license under paragraph (4) applies.’’. livery of the secondary transmission to the Commission a single full-power station that public. was a network station on January 1, 1995, the (c) REPORTING REQUIREMENTS.—Section ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— statutory license provided for in this para- 122(b) is amended— ‘‘(A) IN GENERAL.—A secondary trans- graph shall apply to the secondary trans- (1) in paragraph (1), by striking ‘‘station a mission of a performance or display of a mission by a satellite carrier of the primary list’’ and all that follows through the end work embodied in a primary transmission of transmission of that station to any sub- and inserting the following: ‘‘station— a television broadcast station to subscribers scriber in a community that is located with- ‘‘(A) a list identifying (by name in alpha- who receive secondary transmissions of pri- in that State and that is not within the first betical order and street address, including mary transmissions under paragraph (1) 50 television markets as listed in the regula- county and 9-digit zip code) all subscribers to shall be subject to statutory licensing under tions of the Commission as in effect on such which the satellite carrier makes secondary this paragraph if the secondary transmission date (47 C.F.R. 76.51). transmissions of that primary transmission is of the primary transmission of a network ‘‘(B) STATES WITH ALL NETWORK STATIONS under subsection (a); and station or a non-network station to a sub- AND NON-NETWORK STATIONS IN SAME LOCAL ‘‘(B) a separate list, aggregated by des- scriber who resides outside the station’s MARKET.—In a State in which all network ignated market area (by name and address, local market but within a community in stations and non-network stations licensed including street or rural route number, city, which the signal has been determined by the by the Federal Communications Commission State, and 9-digit zip code), which shall indi- Federal Communications Commission to be within that State as of January 1, 1995, are cate those subscribers being served pursuant significantly viewed in such community, assigned to the same local market and that to paragraph (2) of subsection (a).’’; and pursuant to the rules, regulations, and au- local market does not encompass all coun- (2) in paragraph (2), by striking ‘‘network a thorizations of the Federal Communications ties of that State, the statutory license pro- list’’ and all that follows through the end Commission in effect on April 15, 1976, appli- vided under this paragraph shall apply to the and inserting the following: ‘‘network— cable to determining with respect to a cable secondary transmission by a satellite carrier ‘‘(A) a list identifying (by name in alpha- system whether signals are significantly of the primary transmissions of such station betical order and street address, including viewed in a community. to all subscribers in the State who reside in county and 9-digit zip code) any subscribers ‘‘(B) WAIVER.—A subscriber who is denied a local market that is within the first 50 who have been added or dropped as sub- the secondary transmission of the primary major television markets as listed in the scribers since the last submission under this transmission of a network station or a non- regulations of the Commission as in effect on subsection; and network station under subparagraph (A) may such date (section 76.51 of title 47, Code of ‘‘(B) a separate list, aggregated by des- request a waiver from such denial by submit- Federal Regulations). ignated market area (by name and street ad- ting a request, through the subscriber’s sat- ‘‘(C) ADDITIONAL STATIONS.—In the case of dress, including street or rural route num- ellite carrier, to the network station or non- that State in which are located 4 counties ber, city, State, and 9-digit zip code), identi- network station in the local market affili- that— fying those subscribers whose service pursu- ated with the same network or non-network ‘‘(i) on January 1, 2004, were in local mar- ant to paragraph (2) of subsection (a) has where the subscriber is located. The network kets principally comprised of counties in an- been added or dropped since the last submis- station or non-network station shall accept other State, and sion under this subsection.’’. or reject the subscriber’s request for a waiv- ‘‘(ii) had a combined total of 41,340 tele- er within 30 days after receipt of the request. vision households, according to the U.S. Tel- (d) NO ROYALTY FEE FOR CERTAIN SEC- If the network station or non-network sta- evision Household Estimates by Nielsen ONDARY TRANSMISSIONS.—Section 122(c) is tion fails to accept or reject the subscriber’s Media Research for 2004, amended— request for a waiver within that 30-day pe- the statutory license provided under this (1) in the heading, by inserting ‘‘FOR CER- riod, that network station or non-network paragraph shall apply to secondary trans- TAIN SECONDARY TRANSMISSIONS’’ after ‘‘RE- station shall be deemed to agree to the waiv- missions by a satellite carrier to subscribers QUIRED’’; and er request. in any such county of the primary trans- (2) by striking ‘‘subsection (a)’’ and insert- ‘‘(3) SECONDARY TRANSMISSION OF LOW missions of any network station located in ing ‘‘paragraphs (1), (2), and (3) of subsection POWER PROGRAMMING.— that State, if the satellite carrier was mak- (a)’’.

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(e) VIOLATIONS FOR TERRITORIAL RESTRIC- (1) in paragraph (1)— primary broadcast transmitters are $263,800 TIONS.— (A) in the matter preceding subparagraph or less— (1) MODIFICATION TO STATUTORY DAMAGES.— (A)— ‘‘(i) gross receipts of the cable system for Section 122(f) is amended— (i) by striking ‘‘A cable system whose sec- the purpose of this paragraph shall be com- (A) in paragraph (1)(B), by striking ‘‘$5’’ ondary’’ and inserting the following: puted by subtracting from such actual gross and inserting ‘‘$250’’; and ‘‘STATEMENT OF ACCOUNT AND ROYALTY receipts the amount by which $263,800 ex- (B) in paragraph (2), by striking ‘‘$250,000’’ FEES.—Subject to paragraph (5), a cable sys- ceeds such actual gross receipts, except that each place it appears and inserting tem whose secondary’’; and in no case shall a cable system’s gross re- ‘‘$2,500,000’’. (ii) by striking ‘‘by regulation—’’ and in- ceipts be reduced to less than $10,400; and (2) CONFORMING AMENDMENTS FOR ADDI- serting ‘‘by regulation the following:’’; ‘‘(ii) the royalty fee payable under this TIONAL STATIONS.—Section 122 is amended— (B) in subparagraph (A)— paragraph to copyright owners pursuant to (A) in subsection (f), by striking ‘‘section (i) by striking ‘‘a statement of account’’ paragraph (3) shall be 0.5 percent, regardless 119 or’’ each place it appears and inserting and inserting ‘‘A statement of account’’; and of the number of distant signal equivalents, the following: ‘‘section 119, subject to statu- (ii) by striking ‘‘; and’’ and inserting a pe- if any. tory licensing by reason of paragraph (2)(A), riod; and ‘‘(F) If the actual gross receipts paid by (3), or (4) of subsection (a), or subject to’’; (C) by striking subparagraphs (B), (C), and and subscribers to a cable system for the period (D) and inserting the following: covered by the statement for the basic serv- (B) in subsection (g), by striking ‘‘section ‘‘(B) Except in the case of a cable system 119 or’’ and inserting the following: ‘‘section ice of providing secondary transmissions of whose royalty fee is specified in subpara- 119, paragraph (2)(A), (3), or (4) of subsection primary broadcast transmitters are more graph (E) or (F), a total royalty fee payable (a), or’’. than $263,800 but less than $527,600, the roy- to copyright owners pursuant to paragraph (f) DEFINITIONS.—Section 122(j) is amend- alty fee payable under this paragraph to ed— (3) for the period covered by the statement, copyright owners pursuant to paragraph (3) (1) in paragraph (1), by striking ‘‘which computed on the basis of specified percent- shall be— contracts’’ and inserting ‘‘that contracts’’; ages of the gross receipts from subscribers to ‘‘(i) 0.5 percent of any gross receipts up to (2) by redesignating paragraphs (4) and (5) the cable service during such period for the $263,800, regardless of the number of distant as paragraphs (6) and (7), respectively; basic service of providing secondary trans- signal equivalents, if any; and (3) in paragraph (3)— missions of primary broadcast transmitters, ‘‘(ii) 1 percent of any gross receipts in ex- (A) by redesignating such paragraph as as follows: cess of $263,800, but less than $527,600, regard- paragraph (4); ‘‘(i) 1.064 percent of such gross receipts for less of the number of distant signal equiva- (B) in the heading of such paragraph, by in- the privilege of further transmitting, beyond lents, if any. serting ‘‘NON-NETWORK STATION;’’ after ‘‘NET- the local service area of such primary trans- ‘‘(G) A filing fee, as determined by the Reg- WORK STATION;’’; and mitter, any non-network programming of a ister of Copyrights pursuant to section (C) by inserting ‘‘ ‘non-network station’,’’ primary transmitter in whole or in part, 708(a).’’; after ‘‘ ‘network station’,’’; such amount to be applied against the fee, if (2) in paragraph (2), in the first sentence— (4) by inserting after paragraph (2) the fol- any, payable pursuant to clauses (ii) through (A) by striking ‘‘The Register of Copy- (iv); lowing: rights’’ and inserting the following ‘‘HAN- ‘‘(ii) 1.064 percent of such gross receipts for ‘‘(3) LOW POWER TELEVISION STATION.—The DLING OF FEES.—The Register of Copyrights’’; term ‘low power television station’ means a the first distant signal equivalent; and low power TV station as defined in section ‘‘(iii) 0.701 percent of such gross receipts (B) by inserting ‘‘(including the filing fee 74.701(f) of title 47, Code of Federal Regula- for each of the second, third, and fourth dis- specified in paragraph (1)(G))’’ after ‘‘shall tions, as in effect on June 1, 2004. For pur- tant signal equivalents; and receive all fees’’; ‘‘(iv) 0.330 percent of such gross receipts for poses of this paragraph, the term ‘low power (3) in paragraph (3)— the fifth distant signal equivalent and each television station’ includes a low power tele- (A) by striking ‘‘The royalty fees’’ and in- vision station that has been accorded pri- distant signal equivalent thereafter. serting the following: ‘‘DISTRIBUTION OF ROY- mary status as a Class A television licensee ‘‘(C) In computing amounts under clauses ALTY FEES TO COPYRIGHT OWNERS.—The roy- (ii) through (iv) of subparagraph (B)— under section 73.6001(a) of title 47, Code of alty fees’’; ‘‘(i) any fraction of a distant signal equiva- Federal Regulations.’’; (B) in subparagraph (A)— lent shall be computed at its fractional (5) by inserting after paragraph (4) (as re- (i) by striking ‘‘any such’’ and inserting value; designated) the following: ‘‘Any such’’; and ‘‘(5) NONCOMMERCIAL EDUCATIONAL BROAD- ‘‘(ii) in the case of any cable system lo- (ii) by striking ‘‘; and’’ and inserting a pe- CAST STATION.—The term ‘noncommercial cated partly within and partly outside of the riod; educational broadcast station’ means a tele- local service area of a primary transmitter, (C) in subparagraph (B)— vision broadcast station that is a non- gross receipts shall be limited to those gross (i) by striking ‘‘any such’’ and inserting commercial educational broadcast station as receipts derived from subscribers located ‘‘Any such’’; and defined in section 397 of the Communications outside of the local service area of such pri- (ii) by striking the semicolon and inserting Act of 1934, as in effect on the date of the en- mary transmitter; and a period; and actment of the Satellite Television Exten- ‘‘(iii) if a cable system provides a sec- (D) in subparagraph (C), by striking ‘‘any sion and Localism Act of 2010.’’; and ondary transmission of a primary trans- such’’ and inserting ‘‘Any such’’; (6) by amending paragraph (6) (as redesig- mitter to some but not all communities (4) in paragraph (4), by striking ‘‘The roy- nated) to read as follows: served by that cable system— alty fees’’ and inserting the following: ‘‘PRO- ‘‘(6) SUBSCRIBER.—The term ‘subscriber’ ‘‘(I) the gross receipts and the distant sig- means a person or entity that receives a sec- nal equivalent values for such secondary CEDURES FOR ROYALTY FEE DISTRIBUTION.— ondary transmission service from a satellite transmission shall be derived solely on the The royalty fees’’; and carrier and pays a fee for the service, di- basis of the subscribers in those commu- (5) by adding at the end the following new rectly or indirectly, to the satellite carrier nities where the cable system provides such paragraphs: or to a distributor.’’. secondary transmission; and ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX- CLUSIVITY SURCHARGE NOT APPLICABLE TO SEC. 504. MODIFICATIONS TO CABLE SYSTEM ‘‘(II) the total royalty fee for the period SECONDARY TRANSMISSION RIGHTS paid by such system shall not be less than MULTICAST STREAMS.—The royalty rates UNDER SECTION 111. the royalty fee calculated under subpara- specified in sections 256.2(c) and 256.2(d) of (a) HEADING RENAMED.— graph (B)(i) multiplied by the gross receipts title 37, Code of Federal Regulations (com- (1) IN GENERAL.—The heading of section 111 from all subscribers to the system. monly referred to as the ‘3.75 percent rate’ is amended by inserting at the end the fol- ‘‘(D) A cable system that, on a statement and the ‘syndicated exclusivity surcharge’, lowing: ‘‘OF BROADCAST PROGRAMMING submitted before the date of the enactment respectively), as in effect on the date of the BY CABLE’’. of the Satellite Television Extension and Lo- enactment of the Satellite Television Exten- (2) TABLE OF CONTENTS.—The table of con- calism Act of 2010, computed its royalty fee sion and Localism Act of 2010, as such rates tents for chapter 1 is amended by striking consistent with the methodology under sub- may be adjusted, or such sections redesig- the item relating to section 111 and inserting paragraph (C)(iii), or that amends a state- nated, thereafter by the Copyright Royalty the following: ment filed before such date of enactment to Judges, shall not apply to the secondary ‘‘111. Limitations on exclusive rights: Sec- compute the royalty fee due using such transmission of a multicast stream. ondary transmissions of broad- methodology, shall not be subject to an ac- ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE cast programming by cable.’’. tion for infringement, or eligible for any roy- PAYMENTS.—The Register of Copyrights shall (b) TECHNICAL AMENDMENT.—Section alty refund or offset, arising out of its use of issue regulations to provide for the confiden- 111(a)(4) is amended by striking ‘‘; or’’ and such methodology on such statement. tial verification by copyright owners whose inserting ‘‘or section 122;’’. ‘‘(E) If the actual gross receipts paid by works were embodied in the secondary trans- (c) STATUTORY LICENSE FOR SECONDARY subscribers to a cable system for the period missions of primary transmissions pursuant TRANSMISSIONS BY CABLE SYSTEMS.—Section covered by the statement for the basic serv- to this section of the information reported 111(d) is amended— ice of providing secondary transmissions of on the semiannual statements of account

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The (A) by striking ‘‘The ‘local service area of the Federal Communications Commission, or regulations shall— a primary transmitter’, in the case of a tele- the secondary transmission of a primary ‘‘(A) establish procedures for the designa- vision broadcast station, comprises the area transmitter that is a television broadcast tion of a qualified independent auditor— in which such station is entitled to insist’’ station on a part-time basis where full-time ‘‘(i) with exclusive authority to request and inserting the following: carriage is not possible because the cable verification of such a statement of account ‘‘(4) LOCAL SERVICE AREA OF A PRIMARY system lacks the activated channel capacity on behalf of all copyright owners whose TRANSMITTER.—The ‘local service area of a to retransmit on a full-time basis all signals works were the subject of secondary trans- primary transmitter’, in the case of both the that it is authorized to carry, the values for missions of primary transmissions by the primary stream and any multicast streams independent, network, and noncommercial cable system (that deposited the statement) transmitted by a primary transmitter that is educational stations set forth in subpara- during the accounting period covered by the a television broadcast station, comprises the graph (A), as the case may be, shall be multi- statement; and area where such primary transmitter could plied by a fraction that is equal to the ratio ‘‘(ii) who is not an officer, employee, or have insisted’’; of the broadcast hours of such primary agent of any such copyright owner for any (B) by striking ‘‘76.59 of title 47 of the Code transmitter retransmitted by the cable sys- purpose other than such audit; of Federal Regulations’’ and inserting the tem to the total broadcast hours of the pri- ‘‘(B) establish procedures for safeguarding following: ‘‘76.59 of title 47, Code of Federal mary transmitter. all non-public financial and business infor- Regulations, or within the noise-limited con- ‘‘(iv) No value shall be assigned for the sec- mation provided under this paragraph; tour as defined in 73.622(e)(1) of title 47, Code ondary transmission of the primary stream ‘‘(C)(i) require a consultation period for of Federal Regulations’’; and or any multicast streams of a primary trans- the independent auditor to review its conclu- (C) by striking ‘‘as defined by the rules and mitter that is a television broadcast station sions with a designee of the cable system; regulations of the Federal Communications in any community that is within the local ‘‘(ii) establish a mechanism for the cable Commission,’’; service area of the primary transmitter.’’; system to remedy any errors identified in (5) by amending the fifth undesignated (6) by striking the sixth undesignated para- the auditor’s report and to cure any under- paragraph to read as follows: graph and inserting the following: payment identified; and ‘‘(5) DISTANT SIGNAL EQUIVALENT.— ‘‘(6) NETWORK STATION.— ‘‘(iii) provide an opportunity to remedy ‘‘(A) IN GENERAL.—Except as provided ‘‘(A) TREATMENT OF PRIMARY STREAM.—The any disputed facts or conclusions; under subparagraph (B), a ‘distant signal term ‘network station’ shall be applied to a ‘‘(D) limit the frequency of requests for equivalent’— primary stream of a television broadcast sta- verification for a particular cable system ‘‘(i) is the value assigned to the secondary tion that is owned or operated by, or affili- and the number of audits that a multiple transmission of any non-network television ated with, one or more of the television net- system operator can be required to undergo programming carried by a cable system in works in the United States providing nation- in a single year; and whole or in part beyond the local service wide transmissions, and that transmits a ‘‘(E) permit requests for verification of a area of the primary transmitter of such pro- substantial part of the programming sup- statement of account to be made only within gramming; and plied by such networks for a substantial part 3 years after the last day of the year in ‘‘(ii) is computed by assigning a value of of the primary stream’s typical broadcast which the statement of account is filed. one to each primary stream and to each day. ‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.— multicast stream (other than a simulcast) ‘‘(B) TREATMENT OF MULTICAST STREAMS.— Any royalty fee payments received by the that is an independent station, and by as- The term ‘network station’ shall be applied Copyright Office from cable systems for the signing a value of one-quarter to each pri- to a multicast stream on which a television secondary transmission of primary trans- mary stream and to each multicast stream broadcast station transmits all or substan- missions that are in addition to the pay- (other than a simulcast) that is a network tially all of the programming of an inter- ments calculated and deposited in accord- station or a noncommercial educational sta- connected program service that— ance with this subsection shall be deemed to tion. ‘‘(i) is owned or operated by, or affiliated have been deposited for the particular ac- ‘‘(B) EXCEPTIONS.—The values for inde- with, one or more of the television networks counting period for which they are received pendent, network, and noncommercial edu- described in subparagraph (A); and and shall be distributed as specified under cational stations specified in subparagraph ‘‘(ii) offers programming on a regular basis this subsection.’’. (A) are subject to the following: for 15 or more hours per week to at least 25 (d) EFFECTIVE DATE OF NEW ROYALTY FEE ‘‘(i) Where the rules and regulations of the of the affiliated television licensees of the RATES.—The royalty fee rates established in Federal Communications Commission re- interconnected program service in 10 or more section 111(d)(1)(B) of title 17, United States quire a cable system to omit the further States.’’; Code, as amended by subsection (c)(1)(C) of transmission of a particular program and (7) by striking the seventh undesignated this section, shall take effect commencing such rules and regulations also permit the paragraph and inserting the following: with the first accounting period occurring in substitution of another program embodying ‘‘(7) INDEPENDENT STATION.—The term 2010. a performance or display of a work in place ‘independent station’ shall be applied to the (e) DEFINITIONS.—Section 111(f) is amend- of the omitted transmission, or where such primary stream or a multicast stream of a ed— rules and regulations in effect on the date of television broadcast station that is not a (1) by striking the first undesignated para- the enactment of the Copyright Act of 1976 network station or a noncommercial edu- graph and inserting the following: permit a cable system, at its election, to ef- cational station.’’; ‘‘(1) PRIMARY TRANSMISSION.—A ‘primary fect such omission and substitution of a (8) by striking the eighth undesignated transmission’ is a transmission made to the nonlive program or to carry additional pro- paragraph and inserting the following: public by a transmitting facility whose sig- grams not transmitted by primary transmit- ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA- nals are being received and further trans- ters within whose local service area the TION.—The term ‘noncommercial educational mitted by a secondary transmission service, cable system is located, no value shall be as- station’ shall be applied to the primary regardless of where or when the performance signed for the substituted or additional pro- stream or a multicast stream of a television or display was first transmitted. In the case gram. broadcast station that is a noncommercial of a television broadcast station, the pri- ‘‘(ii) Where the rules, regulations, or au- educational broadcast station as defined in mary stream and any multicast streams thorizations of the Federal Communications section 397 of the Communications Act of transmitted by the station constitute pri- Commission in effect on the date of the en- 1934, as in effect on the date of the enact- mary transmissions.’’; actment of the Copyright Act of 1976 permit ment of the Satellite Television Extension (2) in the second undesignated paragraph— a cable system, at its election, to omit the and Localism Act of 2010.’’; and (A) by striking ‘‘A ‘secondary trans- further transmission of a particular program (9) by adding at the end the following: mission’ ’’ and inserting the following: and such rules, regulations, or authoriza- ‘‘(9) PRIMARY STREAM.—A ‘primary stream’ ‘‘(2) SECONDARY TRANSMISSION.—A ‘sec- tions also permit the substitution of another is— ondary transmission’ ’’; and program embodying a performance or dis- ‘‘(A) the single digital stream of program- (B) by striking ‘‘ ‘cable system’ ’’ and in- play of a work in place of the omitted trans- ming that, before June 12, 2009, was substan- serting ‘‘cable system’’; mission, the value assigned for the sub- tially duplicating the programming trans- (3) in the third undesignated paragraph— stituted or additional program shall be, in mitted by the television broadcast station as (A) by striking ‘‘A ‘cable system’ ’’ and in- the case of a live program, the value of one an analog signal; or serting the following: full distant signal equivalent multiplied by a ‘‘(B) if there is no stream described in sub- ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; fraction that has as its numerator the num- paragraph (A), then the single digital stream and ber of days in the year in which such substi- of programming transmitted by the tele- (B) by striking ‘‘Territory, Trust Terri- tution occurs and as its denominator the vision broadcast station for the longest pe- tory, or Possession’’ and inserting ‘‘terri- number of days in the year. riod of time.

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‘‘(10) PRIMARY TRANSMITTER.—A ‘primary the date of the enactment of this Act, a dis- ‘‘(I) is actionable as an act of infringement transmitter’ is a television or radio broad- tant signal equivalent value (referred to in under section 501 and the court may in its cast station licensed by the Federal Commu- paragraph (1)) shall not be assigned to sec- discretion impose the remedies provided for nications Commission, or by an appropriate ondary transmissions of such multicast in sections 502 through 506 and subsection governmental authority of Canada or Mex- stream that are made on or before June 30, (a)(6)(B) of this section; and ico, that makes primary transmissions to 2010. ‘‘(II) shall result in the termination of the the public. (B) MULTICAST STREAMS SUBJECT TO PRE- waiver issued under subparagraph (A). ‘‘(11) MULTICAST STREAM.—A ‘multicast EXISTING WRITTEN AGREEMENTS FOR THE SEC- ‘‘(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL stream’ is a digital stream of programming ONDARY TRANSMISSION OF SUCH STREAMS.—In SERVICE.—If the court issuing a temporary that is transmitted by a television broadcast any case in which the secondary trans- waiver under subparagraph (A) determines station and is not the station’s primary mission of a multicast stream of a primary that the satellite carrier that made the re- stream. transmitter is the subject of a written agree- quest for such waiver has failed to provide ‘‘(12) SIMULCAST.—A ‘simulcast’ is a ment entered into on or before June 30, 2009, local-into-local service to all DMAs, but de- multicast stream of a television broadcast between a cable system or an association termines that the carrier acted reasonably station that duplicates the programming representing the cable system and a primary and in good faith, the court may in its dis- transmitted by the primary stream or an- transmitter or an association representing cretion impose financial penalties that re- other multicast stream of such station. the primary transmitter, a distant signal flect— ‘‘(13) SUBSCRIBER; SUBSCRIBE.— equivalent value (referred to in paragraph ‘‘(I) the degree of control the carrier had ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ (1)) shall not be assigned to secondary trans- over the circumstances that resulted in the means a person or entity that receives a sec- missions of such multicast stream beyond failure; ondary transmission service from a cable the local service area of its primary trans- ‘‘(II) the quality of the carrier’s efforts to system and pays a fee for the service, di- mitter that are made on or before the date remedy the failure; and rectly or indirectly, to the cable system. on which such written agreement expires. ‘‘(III) the severity and duration of any ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ (C) NO REFUNDS OR OFFSETS FOR PRIOR service interruption. means to elect to become a subscriber.’’. STATEMENTS OF ACCOUNT.—A cable system ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL- (f) TIMING OF SECTION 111 PROCEEDINGS.— that has reported secondary transmissions of ABLE.—An entity may only receive one tem- Section 804(b)(1) is amended by striking a multicast stream beyond the local service porary waiver under this paragraph. ‘‘2005’’ each place it appears and inserting area of its primary transmitter on a state- ‘‘(E) SHORT MARKET DEFINED.—For purposes ‘‘2015’’. ment of account deposited under section 111 of this paragraph, the term ‘short market’ (g) TECHNICAL AND CONFORMING AMEND- of title 17, United States Code, before the means a local market in which programming MENTS.— date of the enactment of this Act shall not of one or more of the four most widely (1) CORRECTIONS TO FIX LEVEL DESIGNA- be entitled to any refund, or offset, of roy- viewed television networks nationwide as TIONS.—Section 111 is amended— alty fees paid on account of such secondary measured on the date of the enactment of (A) in subsections (a), (c), and (e), by strik- transmissions of such multicast stream. this subsection is not offered on the primary ing ‘‘clause’’ each place it appears and in- (3) DEFINITIONS.—In this subsection, the stream transmitted by any local television serting ‘‘paragraph’’; terms ‘‘cable system’’, ‘‘secondary trans- broadcast station. (B) in subsection (c)(1), by striking mission’’, ‘‘multicast stream’’, and ‘‘local ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER ‘‘clauses’’ and inserting ‘‘paragraphs’’; and service area of a primary transmitter’’ have RECOGNITION.— (C) in subsection (e)(1)(F), by striking the meanings given those terms in section ‘‘(A) STATEMENT OF ELIGIBILITY.—An entity ‘‘subclause’’ and inserting ‘‘subparagraph’’. 111(f) of title 17, United States Code, as seeking to be recognized as a qualified car- (2) CONFORMING AMENDMENT TO HYPHENATE amended by this section. rier under this subsection shall file a state- NONNETWORK.—Section 111 is amended by SEC. 505. CERTAIN WAIVERS GRANTED TO PRO- ment of eligibility with the court that im- striking ‘‘nonnetwork’’ each place it appears VIDERS OF LOCAL-INTO-LOCAL posed the injunction. A statement of eligi- and inserting ‘‘non-network’’. SERVICE FOR ALL DMAS. bility must include— (3) PREVIOUSLY UNDESIGNATED PARA- Section 119 is amended by adding at the ‘‘(i) an affidavit that the entity is pro- GRAPH.—Section 111(e)(1) is amended by end the following new subsection: viding local-into-local service to all DMAs; striking ‘‘second paragraph of subsection (f)’’ ‘‘(g) CERTAIN WAIVERS GRANTED TO PRO- ‘‘(ii) a request for a waiver of the injunc- and inserting ‘‘subsection (f)(2)’’. VIDERS OF LOCAL-INTO-LOCAL SERVICE TO ALL tion; and (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec- DMAS.— ‘‘(iii) a certification issued pursuant to tion 111(e) is amended— ‘‘(1) INJUNCTION WAIVER.—A court that section 342(a) of Communications Act of 1934. (A) in paragraph (1)(A), by striking ‘‘and’’ issued an injunction pursuant to subsection ‘‘(B) GRANT OF RECOGNITION AS A QUALIFIED at the end; (a)(7)(B) before the date of the enactment of CARRIER.—Upon receipt of a statement of eli- (B) in paragraph (1)(B), by striking ‘‘and’’ this subsection shall waive such injunction if gibility, the court shall recognize the entity at the end; the court recognizes the entity against as a qualified carrier and issue the waiver (C) in paragraph (1)(C), by striking ‘‘and’’ which the injunction was issued as a quali- under paragraph (1). at the end; fied carrier. ‘‘(C) VOLUNTARY TERMINATION.—At any (D) in paragraph (1)(D), by striking ‘‘and’’ ‘‘(2) LIMITED TEMPORARY WAIVER.— time, an entity recognized as a qualified car- at the end; and ‘‘(A) IN GENERAL.—Upon a request made by rier may file a statement of voluntary termi- (E) in paragraph (2)(A), by striking ‘‘and’’ a satellite carrier, a court that issued an in- nation with the court certifying that it no at the end. junction against such carrier under sub- longer wishes to be recognized as a qualified (5) REMOVAL OF VARIANT FORMS REF- section (a)(7)(B) before the date of the enact- carrier. Upon receipt of such statement, the ERENCES.—Section 111 is amended— ment of this subsection shall waive such in- court shall reinstate the injunction waived (A) in subsection (e)(4), by striking ‘‘, and junction with respect to the statutory li- under paragraph (1). each of its variant forms,’’; and cense provided under subsection (a)(2) to the ‘‘(D) LOSS OF RECOGNITION PREVENTS FU- (B) in subsection (f), by striking ‘‘and their extent necessary to allow such carrier to TURE RECOGNITION.—No entity may be recog- variant forms’’. make secondary transmissions of primary nized as a qualified carrier if such entity had (6) CORRECTION TO TERRITORY REFERENCE.— transmissions made by a network station to previously been recognized as a qualified car- Section 111(e)(2) is amended in the matter unserved households located in short mar- rier and subsequently lost such recognition preceding subparagraph (A) by striking kets in which such carrier was not providing or voluntarily terminated such recognition ‘‘three territories’’ and inserting ‘‘five enti- local service pursuant to the license under under subparagraph (C). ties’’. section 122 as of December 31, 2009. ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND (h) EFFECTIVE DATE WITH RESPECT TO ‘‘(B) EXPIRATION OF TEMPORARY WAIVER.—A COMPLIANCE.— MULTICAST STREAMS.— temporary waiver of an injunction under ‘‘(A) CONTINUING OBLIGATIONS.— (1) IN GENERAL.—Subject to paragraphs (2) subparagraph (A) shall expire after the end ‘‘(i) IN GENERAL.—An entity recognized as a and (3), the amendments made by this sec- of the 120-day period beginning on the date qualified carrier shall continue to provide tion, to the extent such amendments assign such temporary waiver is issued unless ex- local-into-local service to all DMAs. a distant signal equivalent value to the sec- tended for good cause by the court making ‘‘(ii) COOPERATION WITH GAO EXAMINATION.— ondary transmission of the multicast stream the temporary waiver. An entity recognized as a qualified carrier of a primary transmitter, shall take effect ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL shall fully cooperate with the Comptroller on the date of the enactment of this Act. SERVICE TO ALL DMAS.— General in the examination required by sub- (2) DELAYED APPLICABILITY.— ‘‘(i) FAILURE TO ACT REASONABLY AND IN paragraph (B). (A) SECONDARY TRANSMISSIONS OF A GOOD FAITH.—If the court issuing a tem- ‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAM- MULTICAST STREAM BEYOND THE LOCAL SERV- porary waiver under subparagraph (A) deter- INATION.— ICE AREA OF ITS PRIMARY TRANSMITTER BE- mines that the satellite carrier that made ‘‘(i) EXAMINATION AND REPORT.—The Comp- FORE 2010 ACT.—In any case in which a cable the request for such waiver has failed to act troller General shall conduct an examination system was making secondary transmissions reasonably or has failed to make a good faith and publish a report concerning the qualified of a multicast stream beyond the local serv- effort to provide local-into-local service to carrier’s compliance with the royalty pay- ice area of its primary transmitter before all DMAs, such failure— ment and household eligibility requirements

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of the license under this section. The report ‘‘(E) PLEADING REQUIREMENT.—In any mo- (1) in paragraph (8), by striking ‘‘and’’ shall address the qualified carrier’s conduct tion brought under subparagraph (D), the after the semicolon; during the period beginning on the date on party making such motion shall specify one (2) in paragraph (9), by striking the period which the qualified carrier is recognized as or more designated market areas (as such and inserting a semicolon; such under paragraph (3)(B) and ending on term is defined in section 122(j)(2)(C)) for (3) by inserting after paragraph (9) the fol- December 31, 2011. which the failure to provide service is being lowing: ‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Be- alleged, and, for each such designated mar- ‘‘(10) on filing a statement of account ginning on the date that is one year after the ket area, shall plead with particularity the based on secondary transmissions of primary date on which the qualified carrier is recog- circumstances of the alleged failure. transmissions pursuant to section 119 or 122; nized as such under paragraph (3)(B), but not ‘‘(F) BURDEN OF PROOF.—In any proceeding and later than October 1, 2011, the qualified car- to make a determination under subpara- ‘‘(11) on filing a statement of account rier shall provide the Comptroller General graph (D), and with respect to a designated based on secondary transmissions of primary with all records that the Comptroller Gen- market area for which failure to provide transmissions pursuant to section 111.’’; and eral, in consultation with the Register of service is alleged, the entity recognized as a (4) by adding at the end the following new Copyrights, considers to be directly perti- qualified carrier shall have the burden of sentence: ‘‘Fees established under para- nent to the following requirements under proving that the entity provided local-into- graphs (10) and (11) shall be reasonable and this section: local service with a good quality satellite may not exceed one-half of the cost nec- ‘‘(I) Proper calculation and payment of signal to at least 90 percent of the house- essary to cover reasonable expenses incurred holds in such designated market area (based royalties under the statutory license under by the Copyright Office for the collection on the most recent census data released by this section. and administration of the statements of ac- the United States Census Bureau) at the ‘‘(II) Provision of service under this license count and any royalty fees deposited with time and place alleged. to eligible subscribers only. such statements.’’. ‘‘(5) FAILURE TO PROVIDE SERVICE.— ‘‘(iii) SUBMISSION OF REPORT.—The Comp- SEC. 507. TERMINATION OF LICENSE. ‘‘(A) PENALTIES.—If the court recognizing troller General shall file the report required Section 1003(a)(2)(A) of Public Law 111-118 an entity as a qualified carrier finds that is amended by striking ‘‘February 28, 2010’’ by clause (i) not later than March 1, 2012, such entity has willfully failed to provide and inserting ‘‘December 31, 2014’’. with the court referred to in paragraph (1) local-into-local service to all DMAs, such that issued the injunction, the Register of finding shall result in the loss of recognition SEC. 508. CONSTRUCTION. Copyrights, the Committees on the Judiciary of the entity as a qualified carrier and the Nothing in section 111, 119, or 122 of title and on Energy and Commerce of the House of termination of the waiver provided under 17, United States Code, including the amend- Representatives, and the Committees on the paragraph (1), and the court may, in its dis- ments made to such sections by this subtitle, Judiciary and on Commerce, Science, and cretion— shall be construed to affect the meaning of Transportation of the Senate. ‘‘(i) treat such failure as an act of infringe- any terms under the Communications Act of ‘‘(iv) EVIDENCE OF INFRINGEMENT.—The ment under section 501, and subject such in- 1934, except to the extent that such sections Comptroller General shall include in the re- fringement to the remedies provided for in are specifically cross-referenced in such Act port a statement of whether the examination sections 502 through 506 and subsection or the regulations issued thereunder. by the Comptroller General indicated that (a)(6)(B) of this section; and Subtitle B—Communications Provisions there is substantial evidence that a copy- ‘‘(ii) impose a fine of not less than $250,000 right holder could bring a successful action SEC. 521. REFERENCE. and not more than $5,000,000. Except as otherwise provided, whenever in under this section against the qualified car- ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA- rier for infringement. The Comptroller Gen- this subtitle an amendment is made to a sec- TION.—If the court determines that the fail- tion or other provision, the reference shall eral shall consult with the Register of Copy- ure to provide local-into-local service to all rights in preparing such statement. be considered to be made to such section or DMAs is nonwillful, the court may in its dis- provision of the Communications Act of 1934 ‘‘(v) SUBSEQUENT EXAMINATION.—If the re- cretion impose financial penalties for non- (47 U.S.C. 151 et seq.). port includes the Comptroller General’s compliance that reflect— statement that there is substantial evidence ‘‘(i) the degree of control the entity had SEC. 522. EXTENSION OF AUTHORITY. that a copyright holder could bring a suc- over the circumstances that resulted in the Section 325(b) is amended— cessful action under this section against the failure; (1) in paragraph (2)(C), by striking ‘‘Feb- qualified carrier for infringement, the Comp- ‘‘(ii) the quality of the entity’s efforts to ruary 28, 2010’’ and inserting ‘‘December 31, troller General shall, not later than 6 remedy the failure and restore service; and 2014’’; and months after the report under clause (i) is ‘‘(iii) the severity and duration of any serv- (2) in paragraph (3)(C), by striking ‘‘March published, initiate another examination of ice interruption. 1, 2010’’ each place it appears in clauses (ii) the qualified carrier’s compliance with the ‘‘(6) PENALTIES FOR VIOLATIONS OF LI- and (iii) and inserting ‘‘January 1, 2015’’. royalty payment and household eligibility CENSE.—A court that finds, under subsection SEC. 523. SIGNIFICANTLY VIEWED STATIONS. requirements of the license under this sec- (a)(6)(A), that an entity recognized as a (a) IN GENERAL.—Paragraphs (1) and (2) of tion since the last report was filed under qualified carrier has willfully made a sec- section 340(b) are amended to read as follows: clause (iii). The Comptroller General shall ondary transmission of a primary trans- ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK- file a report on such examination with the mission made by a network station and em- ING LOCAL-INTO-LOCAL SERVICE.—This section court referred to in paragraph (1) that issued bodying a performance or display of a work shall apply only to retransmissions to sub- the injunction, the Register of Copyrights, to a subscriber who is not eligible to receive scribers of a satellite carrier who receive re- the Committees on the Judiciary and on En- the transmission under this section shall re- transmissions of a signal from that satellite ergy and Commerce of the House of Rep- instate the injunction waived under para- carrier pursuant to section 338. resentatives, and the Committees on the Ju- graph (1), and the court may order statutory ‘‘(2) SERVICE LIMITATIONS.—A satellite car- diciary and on Commerce, Science, and damages of not more than $2,500,000. rier may retransmit to a subscriber in high Transportation of the Senate. The report ‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL definition format the signal of a station de- shall include a statement described in clause DMAS DEFINED.—For purposes of this sub- termined by the Commission to be signifi- (iv), prepared in consultation with the Reg- section: cantly viewed under subsection (a) only if ister of Copyrights. ‘‘(A) IN GENERAL.—An entity provides such carrier also retransmits in high defini- ‘‘(vi) COMPLIANCE.—Upon motion filed by ‘local-into-local service to all DMAs’ if the tion format the signal of a station located in an aggrieved copyright owner, the court rec- entity provides local service in all des- the local market of such subscriber and af- ognizing an entity as a qualified carrier shall ignated market areas (as such term is de- filiated with the same network whenever terminate such designation upon finding fined in section 122(j)(2)(C)) pursuant to the such format is available from such station.’’. that the entity has failed to cooperate with license under section 122. (b) RULEMAKING REQUIRED.—Within 180 the examinations required by this subpara- ‘‘(B) HOUSEHOLD COVERAGE.—For purposes days after the date of the enactment of this graph. of subparagraph (A), an entity that makes Act, the Federal Communications Commis- ‘‘(C) AFFIRMATION.—A qualified carrier available local-into-local service with a good sion shall take all actions necessary to pro- shall file an affidavit with the district court quality satellite signal to at least 90 percent mulgate a rule to implement the amend- and the Register of Copyrights 30 months of the households in a designated market ments made by subsection (a). after such status was granted stating that, area based on the most recent census data SEC. 524. DIGITAL TELEVISION TRANSITION CON- to the best of the affiant’s knowledge, it is in released by the United States Census Bureau FORMING AMENDMENTS. compliance with the requirements for a shall be considered to be providing local (a) SECTION 338.—Section 338 is amended— qualified carrier. service to such designated market area. (1) in subsection (a), by striking ‘‘(3) EFFEC- ‘‘(D) COMPLIANCE DETERMINATION.—Upon ‘‘(C) GOOD QUALITY SATELLITE SIGNAL DE- TIVE DATE.—No satellite’’ and all that fol- the motion of an aggrieved television broad- FINED.—The term ‘good quality signal’ has lows through ‘‘until January 1, 2002.’’; and cast station, the court recognizing an entity the meaning given such term under section (2) by amending subsection (g) to read as as a qualified carrier may make a determina- 342(e)(2) of Communications Act of 1934.’’. follows: tion of whether the entity is providing local- SEC. 506. COPYRIGHT OFFICE FEES. ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SIN- into-local service to all DMAs. Section 708(a) is amended— GLE RECEPTION ANTENNA.—

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‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat- sion and Localism Act of 2010 may receive able to an eligible subscriber under this sub- ellite carrier that retransmits the signals of both such distant signal and the local signal paragraph the signal of a local network sta- local television broadcast stations in a local of a network station affiliated with the same tion pursuant to section 338, the carrier may market shall retransmit such stations in network until such subscriber chooses to no only provide the distant signal of a station such market so that a subscriber may re- longer receive such distant signal from such affiliated with the same network to that sub- ceive such stations by means of a single re- carrier, whether or not such subscriber scriber if, in the case of any local market in ception antenna and associated equipment. elects to subscribe to such local signal.’’; the 48 contiguous States of the United ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If (iv) in subparagraph (C)— States, the distant signal is the secondary the carrier retransmits the signals of local (I) by striking ‘‘analog’’; transmission of a station whose prime time television broadcast stations in a local mar- (II) in clause (i), by striking ‘‘the Satellite network programming is generally broadcast ket in high definition format, the carrier Home Viewer Extension and Reauthorization simultaneously with, or later than, the shall retransmit such signals in such market Act of 2004; and’’ and inserting the following: prime time network programming of the af- so that a subscriber may receive such signals ‘‘the Satellite Television Extension and Lo- filiate of the same network in the local mar- by means of a single reception antenna and calism Act of 2010 and, at the time such per- ket.’’; and associated equipment, but such antenna and son seeks to subscribe to receive such sec- (VII) by redesignating clause (x) as clause associated equipment may be separate from ondary transmission, resides in a local mar- (iv); and the single reception antenna and associated ket where the satellite carrier makes avail- (vi) in subparagraph (E), by striking ‘‘dis- equipment used to comply with paragraph able to that person the signal of a local net- tant analog signal or’’ and all that follows (1).’’. work station affiliated with the same tele- through ‘‘(B), or (D))’’ and inserting ‘‘distant (b) SECTION 339.—Section 339 is amended— vision network pursuant to section 338 (and signal’’; (1) in subsection (a)— the retransmission of such signal by such (A) in paragraph (1)(B), by striking ‘‘Such (2) in subsection (c)— carrier can reach such subscriber); or’’; and (A) by amending paragraph (3) to read as two network stations’’ and all that follows (III) by amending clause (ii) to read as fol- through ‘‘more than two network stations.’’; follows: lows: ‘‘(3) ESTABLISHMENT OF IMPROVED PRE- and ‘‘(ii) lawfully subscribes to and receives a (B) in paragraph (2)— DICTIVE MODEL AND ON-LOCATION TESTING RE- distant signal on or after the date of enact- QUIRED.— (i) in the heading for subparagraph (A), by ment of the Satellite Television Extension striking ‘‘TO ANALOG SIGNALS’’; ‘‘(A) PREDICTIVE MODEL.—Within 180 days and Localism Act of 2010, and, subsequent to after the date of the enactment of the Sat- (ii) in subparagraph (A)— such subscription, the satellite carrier (I) in the heading for clause (i), by striking ellite Television Extension and Localism Act makes available to that subscriber the signal of 2010, the Commission shall develop and ‘‘ANALOG’’; of a local network station affiliated with the (II) in clause (i)— prescribe by rule a point-to-point predictive same network as the distant signal (and the model for reliably and presumptively deter- (aa) by striking ‘‘analog’’ each place it ap- retransmission of such signal by such carrier pears; and mining the ability of individual locations, can reach such subscriber), unless such per- through the use of an antenna, to receive (bb) by striking ‘‘October 1, 2004’’ and in- son subscribes to the signal of the local net- serting ‘‘October 1, 2009’’; signals in accordance with the signal inten- work station within 60 days after such signal sity standard in section 73.622(e)(1) of title (III) in the heading for clause (ii), by strik- is made available.’’; 47, Code of Federal Regulations, or a suc- ing ‘‘ANALOG’’; and (v) in subparagraph (D)— cessor regulation, including to account for (IV) in clause (ii)— (I) in the heading, by striking ‘‘DIGITAL’’; the continuing operation of translator sta- (aa) by striking ‘‘analog’’ each place it ap- (II) by striking clauses (i), (iii) through (v), tions and low power television stations. In pears; and (vii) through (ix), and (xi); prescribing such model, the Commission (bb) by striking ‘‘2004’’ and inserting (III) by redesignating clause (vi) as clause shall rely on the Individual Location ‘‘2009’’; (i) and transferring such clause to appear be- Longley-Rice model set forth by the Com- (iii) by amending subparagraph (B) to read fore clause (ii); mission in CS Docket No. 98–201, as pre- as follows: (IV) by amending such clause (i) (as so re- ‘‘(B) RULES FOR OTHER SUBSCRIBERS.— designated) to read as follows: viously revised with respect to analog sig- nals, and as recommended by the Commis- ‘‘(i) IN GENERAL.—In the case of a sub- ‘‘(i) ELIGIBILITY AND SIGNAL TESTING.—A scriber of a satellite carrier who is eligible subscriber of a satellite carrier shall be eligi- sion with respect to digital signals in its Re- to receive the signal of a network station ble to receive a distant signal of a network port to Congress in ET Docket No. 05–182, under this section (in this subparagraph re- station affiliated with the same network FCC 05–199 (released December 9, 2005). The ferred to as a ‘distant signal’), other than under this section if, with respect to a local Commission shall establish procedures for subscribers to whom subparagraph (A) ap- network station, such subscriber— the continued refinement in the application plies, the following shall apply: ‘‘(I) is a subscriber whose household is not of the model by the use of additional data as ‘‘(I) In a case in which the satellite carrier predicted by the model specified in sub- it becomes available. makes available to that subscriber, on Janu- section (c)(3) to receive the signal intensity ‘‘(B) ON-LOCATION TESTING.—The Commis- ary 1, 2005, the signal of a local network sta- required under section 73.622(e)(1) or, in the sion shall issue an order completing its rule- tion affiliated with the same television net- case of a low-power station or translator sta- making proceeding in ET Docket No. 06–94 work pursuant to section 338, the carrier tion transmitting an analog signal, section within 180 days after the date of enactment may only provide the secondary trans- 73.683(a) of title 47, Code of Federal Regula- of the Satellite Television Extension and Lo- missions of the distant signal of a station af- tions, or a successor regulation; calism Act of 2010. In conducting such rule- filiated with the same network to that sub- ‘‘(II) is determined, based on a test con- making, the Commission shall seek ways to scriber if the subscriber’s satellite carrier, ducted in accordance with section 73.686(d) of minimize consumer burdens associated with not later than March 1, 2005, submits to that title 47, Code of Federal Regulations, or any on-location testing.’’; television network the list and statement re- successor regulation, not to be able to re- (B) by amending paragraph (4)(A) to read quired by subparagraph (F)(i). ceive a signal that exceeds the signal inten- as follows: ‘‘(II) In a case in which the satellite carrier sity standard in section 73.622(e)(1) or, in the ‘‘(A) IN GENERAL.—If a subscriber’s request does not make available to that subscriber, case of a low-power station or translator sta- for a waiver under paragraph (2) is rejected on January 1, 2005, the signal of a local net- tion transmitting an analog signal, section and the subscriber submits to the sub- work station pursuant to section 338, the 73.683(a) of such title, or a successor regula- scriber’s satellite carrier a request for a test carrier may only provide the secondary tion; or verifying the subscriber’s inability to receive transmissions of the distant signal of a sta- ‘‘(III) is in an unserved household, as deter- a signal of the signal intensity referenced in tion affiliated with the same network to that mined under section 119(d)(10)(A) of title 17, clause (i) of subsection (a)(2)(D), the satellite subscriber if— United States Code.’’; carrier and the network station or stations ‘‘(aa) that subscriber seeks to subscribe to (V) in clause (ii)— asserting that the retransmission is prohib- such distant signal before the date on which (aa) by striking ‘‘DIGITAL’’ in the heading; ited with respect to that subscriber shall se- such carrier commences to carry pursuant to (bb) by striking ‘‘digital’’ the first two lect a qualified and independent person to section 338 the signals of stations from the places such term appears; conduct the test referenced in such clause. local market of such local network station; (cc) by striking ‘‘Satellite Home Viewer Such test shall be conducted within 30 days and Extension and Reauthorization Act of 2004’’ after the date the subscriber submits a re- ‘‘(bb) the satellite carrier, within 60 days and inserting ‘‘Satellite Television Exten- quest for the test. If the written findings and after such date, submits to each television sion and Localism Act of 2010’’; and conclusions of a test conducted in accord- network the list and statement required by (dd) by striking ‘‘, whether or not such sub- ance with such clause demonstrate that the subparagraph (F)(ii). scriber elects to subscribe to local digital subscriber does not receive a signal that ‘‘(ii) SPECIAL CIRCUMSTANCES.—A sub- signals’’; meets or exceeds the requisite signal inten- scriber of a satellite carrier who was law- (VI) by inserting after clause (ii) the fol- sity standard in such clause, the subscriber fully receiving the distant signal of a net- lowing new clause: shall not be denied the retransmission of a work station on the day before the date of ‘‘(iii) TIME-SHIFTING PROHIBITED.—In a case signal of a network station under section enactment of the Satellite Television Exten- in which the satellite carrier makes avail- 119(d)(10)(A) of title 17, United States Code.’’;

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.092 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1059 (C) in paragraph (4)(B), by striking ‘‘the section (a) shall submit to the Commission predicted signal availability in the top 100 signal intensity’’ and all that follows the following information: designated market areas; and through ‘‘United States Code’’ and inserting ‘‘(1) An affidavit stating that, to the best ‘‘(ii) taking into account whether a signal ‘‘such requisite signal intensity standard’’; of the affiant’s knowledge, the satellite car- is in standard definition format or high defi- and rier provides local service in all designated nition format, compression methodology, (D) in paragraph (4)(E), by striking ‘‘Grade market areas pursuant to the statutory li- modulation, error correction, power level, B intensity’’. cense provided for in section 122 of title 17, and utilization of advances in technology (c) SECTION 340.—Section 340(i) is amended United States Code, and listing those des- that do not circumvent the intent of this by striking paragraph (4). ignated market areas in which local service section to provide for non-discriminatory SEC. 525. APPLICATION PENDING COMPLETION was provided as of the date of enactment of treatment with respect to any comparable OF RULEMAKINGS. the Satellite Television Extension and Lo- television broadcast station signal, a video (a) IN GENERAL.—During the period begin- calism Act of 2010. signal transmitted by a satellite carrier such ning on the date of the enactment of this Act ‘‘(2) For each designated market area not that— and ending on the date on which the Federal listed in paragraph (1): ‘‘(I) the satellite carrier treats all tele- Communications Commission adopts rules ‘‘(A) Identification of each such designated vision broadcast stations’ signals the same pursuant to the amendments to the Commu- market area and the location of its local re- with respect to statistical multiplexer nications Act of 1934 made by section 523 and ceive facility. prioritization; and section 524 of this title, the Federal Commu- ‘‘(B) Data showing the number of house- ‘‘(II) the number of video signals in the rel- nications Commission shall follow its rules holds, and maps showing the geographic dis- evant satellite transponder is not more than and regulations promulgated pursuant to tribution thereof, in each such designated the then current greatest number of video sections 338, 339, and 340 of the Communica- market area based on the most recent census signals carried on any equivalent trans- tions Act of 1934 as in effect on the day be- data released by the United States Census ponder serving the top 100 designated market fore the date of the enactment of this Act. Bureau. areas. (b) TRANSLATOR STATIONS AND LOW POWER ‘‘(C) Maps, with superimposed effective ‘‘(B) DETERMINATION.—For the purposes of TELEVISION STATIONS.—Notwithstanding sub- isotropically radiated power predictions ob- subparagraph (A), the top 100 designated section (a), for purposes of determining tained in the satellite manufacturer’s pre- market areas shall be as determined by whether a subscriber within the local market launch tests, showing that the contours of Nielsen Media Research and published in the served by a translator station or a low power the carrier’s satellite beams as designed and Nielsen Station Index Directory and Nielsen television station affiliated with a television the geographic area that the carrier’s sat- Station Index United States Television network is eligible to receive distant signals ellite beams are designed to cover are pre- Household Estimates or any successor publi- under section 339 of the Communications Act dicted to provide a good quality satellite sig- cation as of the date of a satellite carrier’s of 1934, the rules and regulations of the Fed- nal to at least 90 percent of the households application for certification under this sec- eral Communications Commission for deter- in such designated market area based on the tion.’’. mining such subscriber’s eligibility as in ef- most recent census data released by the fect on the day before the date of the enact- United States Census Bureau. SEC. 527. NONDISCRIMINATION IN CARRIAGE OF ment of this Act shall apply until the date HIGH DEFINITION DIGITAL SIGNALS ‘‘(D) For any satellite relied upon for cer- OF NONCOMMERCIAL EDUCATIONAL on which the translator station or low power tification under this section, an affidavit TELEVISION STATIONS. television station is licensed to broadcast a stating that, to the best of the affiant’s (a) IN GENERAL.—Section 338(a) is amended digital signal. knowledge, there have been no satellite or by adding at the end the following new para- (c) DEFINITIONS.—As used in this subtitle: sub-system failures subsequent to the sat- graph: (1) LOCAL MARKET; LOW POWER TELEVISION ellite’s launch that would degrade the design ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF STATION; SATELLITE CARRIER; SUBSCRIBER; performance to such a degree that a satellite HIGH DEFINITION SIGNALS OF NONCOMMERCIAL TELEVISION BROADCAST STATION.—The terms transponder used to provide local service to EDUCATIONAL TELEVISION STATIONS.— ‘‘local market’’, ‘‘low power television sta- any such designated market area is pre- ‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION tion’’, ‘‘satellite carrier’’, ‘‘subscriber’’, and cluded from delivering a good quality sat- ‘‘television broadcast station’’ have the SIGNALS.—If, before the date of enactment of ellite signal to at least 90 percent of the the Satellite Television Extension and Lo- meanings given such terms in section 338(k) households in such designated market area of the Communications Act of 1934. calism Act of 2010, an eligible satellite car- based on the most recent census data re- rier is providing, under section 122 of title 17, (2) NETWORK STATION; TELEVISION NET- leased by the United States Census Bureau. United States Code, any secondary trans- WORK.—The terms ‘‘network station’’ and ‘‘(E) Any additional engineering, des- ‘‘television network’’ have the meanings missions in high definition format to sub- ignated market area, or other information scribers located within the local market of a given such terms in section 339(d) of such the Commission considers necessary to de- Act. television broadcast station of a primary termine whether the Commission shall grant transmission made by that station, then SEC. 526. PROCESS FOR ISSUING QUALIFIED CAR- a certification under this section. such satellite carrier shall carry the signals RIER CERTIFICATION. ‘‘(c) CERTIFICATION ISSUANCE.— in high-definition format of qualified non- Part I of title III is amended by adding at ‘‘(1) PUBLIC COMMENT.—The Commission commercial educational television stations the end the following new section: shall provide 30 days for public comment on located within that local market in accord- ‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED a request for certification under this section. ance with the following schedule: CARRIER CERTIFICATION. ‘‘(2) DEADLINE FOR DECISION.—The Commis- ‘‘(i) By December 31, 2010, in at least 50 per- ‘‘(a) CERTIFICATION.—The Commission shall sion shall grant or deny a request for certifi- cent of the markets in which such satellite issue a certification for the purposes of sec- cation within 90 days after the date on which carrier provides such secondary trans- tion 119(g)(3)(A)(iii) of title 17, United States such request is filed. missions in high definition format. Code, if the Commission determines that— ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity ‘‘(1) a satellite carrier is providing local granted qualified carrier status pursuant to ‘‘(ii) By December 31, 2011, in every market service pursuant to the statutory license section 119(g) of title 17, United States Code, in which such satellite carrier provides such under section 122 of such title in each des- shall file an affidavit with the Commission secondary transmissions in high definition ignated market area; and 30 months after such status was granted format. ‘‘(2) with respect to each designated mar- stating that, to the best of the affiant’s ‘‘(B) NEW INITIATION OF SERVICE.—If, on or ket area in which such satellite carrier was knowledge, it is in compliance with the re- after the date of enactment of the Satellite not providing such local service as of the quirements for a qualified carrier. Television Extension and Localism Act of date of enactment of the Satellite Television ‘‘(e) DEFINITIONS.—For the purposes of this 2010, an eligible satellite carrier initiates the Extension and Localism Act of 2010— section: provision, under section 122 of title 17, ‘‘(A) the satellite carrier’s satellite beams ‘‘(1) DESIGNATED MARKET AREA.—The term United States Code, of any secondary trans- are designed, and predicted by the satellite ‘designated market area’ has the meaning missions in high definition format to sub- manufacturer’s pre-launch test data, to pro- given such term in section 122(j)(2)(C) of title scribers located within the local market of a vide a good quality satellite signal to at 17, United States Code. television broadcast station of a primary least 90 percent of the households in each ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— transmission made by that station, then such designated market area based on the ‘‘(A) IN GENERAL.—The term ‘‘good quality such satellite carrier shall carry the signals most recent census data released by the satellite signal’’ means— in high-definition format of all qualified United States Census Bureau; and ‘‘(i) a satellite signal whose power level as noncommercial educational television sta- ‘‘(B) there is no material evidence that designed shall achieve reception and de- tions located within that local market.’’. there has been a satellite or sub-system fail- modulation of the signal at an availability (b) DEFINITIONS.—Section 338(k) is amend- ure subsequent to the satellite’s launch that level of at least 99.7 percent using— ed— precludes the ability of the satellite carrier ‘‘(I) models of satellite antennas normally (1) by redesignating paragraphs (2) through to satisfy the requirements of subparagraph used by the satellite carrier’s subscribers; (8) as paragraphs (3) through (9), respec- (A). and tively; ‘‘(b) INFORMATION REQUIRED.—Any entity ‘‘(II) the same calculation methodology (2) by inserting after paragraph (1) the fol- seeking the certification provided for in sub- used by the satellite carrier to determine lowing new paragraph:

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‘‘(2) ELIGIBLE SATELLITE CARRIER.—The ‘‘(ii) offers the programming of State pub- propriate Congressional committees the re- term ‘eligible satellite carrier’ means any lic affairs networks upon reasonable prices, sults of the study, including any rec- satellite carrier that is not a party to a car- terms, and conditions as determined by the ommendations for legislative or administra- riage contract that— Commission under paragraph (4); and tive actions. ‘‘(A) governs carriage of at least 30 quali- ‘‘(iii) does not delete any noncommercial SEC. 534. REPORT ON IN-STATE BROADCAST PRO- fied noncommercial educational television programming of an educational or informa- GRAMMING. stations; and tional nature in connection with the car- Not later than 1 year after the date of the ‘‘(B) is in force and effect within 60 days riage of a State public affairs network. enactment of this Act, the Federal Commu- after the date of enactment of the Satellite ‘‘(D) The term ‘State public affairs net- nications Commission shall submit to the Television Extension and Localism Act of work’ means a non-commercial non-broad- appropriate Congressional committees a re- 2010.’’; cast network or a noncommercial edu- port containing an analysis of— (3) by redesignating paragraphs (6) through cational television station— (1) the number of households in a State (9) (as previously redesignated) as para- ‘‘(i) whose programming consists of infor- that receive the signals of local broadcast graphs (7) through (10), respectively; and mation about State government delibera- stations assigned to a community of license (4) by inserting after paragraph (5) (as so tions and public policy events; and that is located in a different State; redesignated) the following new paragraph: ‘‘(ii) that is operated by— (2) the extent to which consumers in each ‘‘(6) QUALIFIED NONCOMMERCIAL EDU- ‘‘(I) a State government or subdivision local market have access to in-state broad- CATIONAL TELEVISION STATION.—The term thereof; cast programming over the air or from a ‘qualified noncommercial educational tele- ‘‘(II) an organization described in section multichannel video programming dis- vision station’ means any full-power tele- 501(c)(3) of the Internal Revenue Code of 1986 tributor; and vision broadcast station that— that is exempt from taxation under section (3) whether there are alternatives to the ‘‘(A) under the rules and regulations of the 501(a) of such Code and that is governed by use of designated market areas, as defined in Commission in effect on March 29, 1990, is li- an independent board of directors; or section 122 of title 17, United States Code, to censed by the Commission as a noncommer- ‘‘(III) a cable system.’’. define local markets that would provide cial educational broadcast station and is Subtitle C—Reports and Savings Provision more consumers with in-state broadcast pro- owned and operated by a public agency, non- SEC. 531. DEFINITION. gramming. profit foundation, nonprofit corporation, or In this subtitle, the term ‘‘appropriate SEC. 535. LOCAL NETWORK CHANNEL BROAD- nonprofit association; and Congressional committees’’ means the Com- CAST REPORTS. ‘‘(B) has as its licensee an entity that is el- mittees on the Judiciary and on Commerce, (a) REQUIREMENT.— igible to receive a community service grant, Science, and Transportation of the Senate (1) IN GENERAL.—On the 180th day after the or any successor grant thereto, from the Cor- and the Committees on the Judiciary and on date of the enactment of this Act, and on poration for Public Broadcasting, or any suc- Energy and Commerce of the House of Rep- each succeeding anniversary of such 180th cessor organization thereto, on the basis of resentatives. day, each satellite carrier shall submit an the formula set forth in section 396(k)(6)(B) annual report to the Federal Communica- of this title.’’. SEC. 532. REPORT ON MARKET BASED ALTER- NATIVES TO STATUTORY LICENSING. tions Commission setting forth— SEC. 528. SAVINGS CLAUSE REGARDING DEFINI- Not later than 1 year after the date of the (A) each local market in which it— TIONS. enactment of this Act, and after consulta- (i) retransmits signals of 1 or more tele- Nothing in this subtitle or the amend- tion with the Federal Communications Com- vision broadcast stations with a community ments made by this subtitle shall be con- mission, the Register of Copyrights shall of license in that market; strued to affect— submit to the appropriate Congressional (ii) has commenced providing such signals (1) the meaning of the terms ‘‘program re- committees a report containing— in the preceding 1-year period; and lated’’ and ‘‘primary video’’ under the Com- (1) proposed mechanisms, methods, and (iii) has ceased to provide such signals in munications Act of 1934; or recommendations on how to implement a the preceding 1-year period; and (2) the meaning of the term ‘‘multicast’’ in phase-out of the statutory licensing require- (B) detailed information regarding the use any regulations issued by the Federal Com- ments set forth in sections 111, 119, and 122 of and potential use of satellite capacity for the munications Commission. title 17, United States Code, by making such retransmission of local signals in each local SEC. 529. STATE PUBLIC AFFAIRS BROADCASTS. sections inapplicable to the secondary trans- market. Section 335(b) is amended— mission of a performance or display of a (2) TERMINATION.—The requirement under (1) by inserting ‘‘STATE PUBLIC AF- work embodied in a primary transmission of paragraph (1) shall cease after each satellite FAIRS,’’ after ‘‘EDUCATIONAL,’’ in the a broadcast station that is authorized to li- carrier has submitted 5 reports under such heading; cense the same secondary transmission di- paragraph. (2) by striking paragraph (1) and inserting rectly with respect to all of the perform- (b) FCC STUDY; REPORT.— the following: ances and displays embodied in such primary (1) STUDY.—If no satellite carrier files a re- ‘‘(1) CHANNEL CAPACITY REQUIRED.— transmission; quest for a certification under section 342 of ‘‘(A) IN GENERAL.—Except as provided in (2) any recommendations for alternative the Communications Act of 1934 (as added by subparagraph (B), the Commission shall re- means to implement a timely and effective section 526 of this title) within 180 days after quire, as a condition of any provision, initial phase-out of the statutory licensing require- the date of the enactment of this Act, the authorization, or authorization renewal for a ments set forth in sections 111, 119, and 122 of Federal Communications Commission shall provider of direct broadcast satellite service title 17, United States Code; and initiate a study of— providing video programming, that the pro- (3) any recommendations for legislative or (A) incentives that would induce a satellite vider of such service reserve a portion of its administrative actions as may be appro- carrier to provide the signals of 1 or more channel capacity, equal to not less than 4 priate to achieve such a phase-out. television broadcast stations licensed to pro- percent nor more than 7 percent, exclusively SEC. 533. REPORT ON COMMUNICATIONS IMPLI- vide signals in local markets in which the for noncommercial programming of an edu- CATIONS OF STATUTORY LICENSING satellite carrier does not provide such sig- cational or informational nature. MODIFICATIONS. nals; and ‘‘(B) REQUIREMENT FOR QUALIFIED SAT- (a) STUDY.—The Comptroller General shall (B) the economic and satellite capacity ELLITE PROVIDER.—The Commission shall re- conduct a study that analyzes and evaluates conditions affecting delivery of local signals quire, as a condition of any provision, initial the changes to the carriage requirements by satellite carriers to these markets. authorization, or authorization renewal for a currently imposed on multichannel video (2) REPORT.—Within 1 year after the date of qualified satellite provider of direct broad- programming distributors under the Commu- the initiation of the study under paragraph cast satellite service providing video pro- nications Act of 1934 (47 U.S.C. 151 et seq.) (1), the Federal Communications Commis- gramming, that such provider reserve a por- and the regulations promulgated by the Fed- sion shall submit a report to the appropriate tion of its channel capacity, equal to not less eral Communications Commission that Congressional committees containing its than 3.5 percent nor more than 7 percent, ex- would be required or beneficial to con- findings, conclusions, and recommendations. clusively for noncommercial programming of sumers, and such other matters as the Comp- (c) DEFINITIONS.—In this section— an educational or informational nature.’’; troller General deems appropriate, if Con- (1) the terms ‘‘local market’’ and ‘‘satellite (3) in paragraph (5), by striking ‘‘For pur- gress implemented a phase-out of the current carrier’’ have the meaning given such terms poses of the subsection—’’ and inserting statutory licensing requirements set forth in section 339(d) of the Communications Act ‘‘For purposes of this subsection:’’; and under sections 111, 119, and 122 of title 17, of 1934 (47 U.S.C. 339(d)); and (4) by adding at the end of paragraph (5) United States Code. Among other things, the (2) the term ‘‘television broadcast station’’ the following: study shall consider the impact such a has the meaning given such term in section ‘‘(C) The term ‘qualified satellite provider’ phase-out and related changes to carriage re- 325(b)(7) of such Act (47 U.S.C. 325(b)(7)). means any provider of direct broadcast sat- quirements would have on consumer prices SEC. 536. SAVINGS PROVISION REGARDING USE ellite service that— and access to programming. OF NEGOTIATED LICENSES. ‘‘(i) provides the retransmission of the (b) REPORT.—Not later than 1 year after (a) IN GENERAL.—Nothing in this title, title State public affairs networks of at least 15 the date of the enactment of this Act, the 17, United States Code, the Communications different States; Comptroller General shall report to the ap- Act of 1934, regulations promulgated by the

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.092 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1061 Register of Copyrights under this title or ing unobligated under division A of the Sec. 113. Deduction of State and local sales title 17, United States Code, or regulations American Recovery and Reinvestment Act of taxes. promulgated by the Federal Communica- 2009 (Public Law 111–5; 123 Stat. 115) (other Sec. 114. Contributions of capital gain real tions Commission under this title or the than under title X of such division A), are property made for conservation Communications Act of 1934 shall be con- hereby rescinded. purposes. strued to prevent a multichannel video pro- (b) DEOBLIGATION.— Sec. 115. Above-the-line deduction for quali- gramming distributor from retransmitting a (1) IN GENERAL.—The Director of the Office fied tuition and related ex- performance or display of a work pursuant to of Management and Budget shall deobligate penses. an authorization granted by the copyright a total of not less than $20,000,000,000 of the Sec. 116. Tax-free distributions from indi- owner or, if within the scope of its authoriza- amounts appropriated or made available vidual retirement plans for tion, its licensee. under division A of the American Recovery charitable purposes. (b) LIMITATION.—Nothing in subsection (a) and Reinvestment Act of 2009 (Public Law Sec. 117. Look-thru of certain regulated in- shall be construed to affect any obligation of 111–5; 123 Stat. 115) (other than under title X vestment company stock in de- a multichannel video programming dis- of such division A)— termining gross estate of non- tributor under section 325(b) of the Commu- (A) that are not expended as of October 1, residents. nications Act of 1934 to obtain the authority 2012; or PART II—LOW-INCOME HOUSING CREDITS (B) relating to which the Director deter- of a television broadcast station before re- Sec. 121. Election for refundable low-income mines, on or after October 1, 2012, that the transmitting that station’s signal. housing credit for 2010. amounts are not being expended for the pur- SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT Subtitle C—Business Tax Relief OF COPYRIGHT. pose for which the amounts were appro- Unless specifically provided otherwise, this priated or made available. Sec. 131. Research credit. title, and the amendments made by this (2) RESCISSION.—Any amounts deobligated Sec. 132. Indian employment tax credit. title, shall take effect on February 27, 2010, under paragraph (1) are hereby rescinded. Sec. 133. New markets tax credit. and all references to enactment of this Act Sec. 134. Railroad track maintenance credit. shall be deemed to refer to such date unless SA 3361. Mr. BUNNING proposed an Sec. 135. Mine rescue team training credit. otherwise specified. The secondary trans- amendment to amendment SA 3336 pro- Sec. 136. Employer wage credit for employ- mission of a performance or display of a posed by Mr. BAUCUS to the bill H.R. ees who are active duty mem- work embodied in a primary transmission is 4213, to amend the Internal Revenue bers of the uniformed services. Sec. 137. 5-year depreciation for farming not an infringement of copyright if it was Code of 1986 to extend certain expiring business machinery and equip- made by a satellite carrier on or after Feb- provisions, and for other purposes; as ment. ruary 27, 2010 and prior to enactment of this follows: Sec. 138. 15-year straight-line cost recovery Act, and was in compliance with the law as Strike all after the first word and insert for qualified leasehold improve- in existence on February 27, 2010. the following: ments, qualified restaurant Subtitle D—Severability 1. SHORT TITLE; AMENDMENT OF 1986 CODE; buildings and improvements, SEC. 541. SEVERABILITY. TABLE OF CONTENTS. and qualified retail improve- If any provision of this title, an amend- (a) SHORT TITLE.—This Act may be cited as ments. ment made by this title, or the application the ‘‘American Workers, State, and Business Sec. 139. 7-year recovery period for motor- of such provision or amendment to any per- Relief Act of 2010’’. sports entertainment com- son or circumstance is held to be unconstitu- (b) AMENDMENT OF 1986 CODE.—Except as plexes. tional, the remainder of this title, the otherwise expressly provided, whenever in Sec. 140. Accelerated depreciation for busi- amendments made by this title, and the ap- this Act an amendment or repeal is ex- ness property on an Indian res- plication of such provision or amendment to pressed in terms of an amendment to, or re- ervation. any person or circumstance shall not be af- peal of, a section or other provision, the ref- Sec. 141. Enhanced charitable deduction for fected thereby. erence shall be considered to be made to a contributions of food inventory. section or other provision of the Internal TITLE VI—OTHER PROVISIONS Sec. 142. Enhanced charitable deduction for Revenue Code of 1986. contributions of book inven- SEC. 601. INCREASE IN THE MEDICARE PHYSI- (c) TABLE OF CONTENTS.—The table of con- tories to public schools. CIAN PAYMENT UPDATE. tents for this Act is as follows: Sec. 143. Enhanced charitable deduction for Paragraph (10) of section 1848(d) of the So- Sec. 1. Short title; amendment of 1986 Code; corporate contributions of com- cial Security Act, as added by section 1011(a) table of contents. puter inventory for educational of the Department of Defense Appropriations TITLE I—EXTENSION OF EXPIRING purposes. Act, 2010 (Public Law 111–118), is amended— PROVISIONS Sec. 144. Election to expense mine safety (1) in subparagraph (A), by striking ‘‘Feb- Subtitle A—Energy equipment. ruary 28, 2010’’ and inserting ‘‘September 30, Sec. 145. Special expensing rules for certain 2010’’; and Sec. 101. Alternative motor vehicle credit for new qualified hybrid motor film and television productions. (2) in subparagraph (B), by striking ‘‘March Sec. 146. Expensing of environmental reme- 1, 2010’’ and inserting ‘‘October 1, 2010’’. vehicles other than passenger automobiles and light trucks. diation costs. TITLE VII—DETERMINATION OF Sec. 102. Incentives for biodiesel and renew- Sec. 147. Deduction allowable with respect BUDGETARY EFFECTS able diesel. to income attributable to do- SEC. 701. DETERMINATION OF BUDGETARY EF- Sec. 103. Credit for electricity produced at mestic production activities in FECTS. certain open-loop biomass fa- Puerto Rico. (a) IN GENERAL.—The budgetary effects of cilities. Sec. 148. Modification of tax treatment of this Act, for the purpose of complying with Sec. 104. Credit for refined coal facilities. certain payments to controlling the Statutory Pay-As-You-Go-Act of 2010, Sec. 105. Credit for production of low sulfur exempt organizations. shall be determined by reference to the lat- diesel fuel. Sec. 149. Exclusion of gain or loss on sale or est statement titled ‘‘Budgetary Effects of Sec. 106. Credit for producing fuel from coke exchange of certain brownfield PAYGO Legislation’’ for this Act, submitted or coke gas. sites from unrelated business for printing in the Congressional Record by Sec. 107. New energy efficient home credit. income. Sec. 108. Excise tax credits and outlay pay- the Chairman of the Senate Budget Com- Sec. 150. Timber REIT modernization. ments for alternative fuel and mittee, provided that such statement has Sec. 151. Treatment of certain dividends and alternative fuel mixtures. assets of regulated investment been submitted prior to the vote on passage. Sec. 109. Special rule for sales or disposi- (b) EMERGENCY DESIGNATION.—Sections 201, companies. tions to implement FERC or Sec. 152. RIC qualified investment entity 211, and 232 of this Act are designated as an State electric restructuring emergency requirement pursuant to section treatment under FIRPTA. policy for qualified electric Sec. 153. Exceptions for active financing in- 4(g) of the Statutory Pay-As-You-Go Act of utilities. 2010 (Public Law 111-139; 2 U.S.C. 933(g)) and come. Sec. 110. Suspension of limitation on per- Sec. 154. Look-thru treatment of payments section 403(a) of S. Con. Res. 13 (111th Con- centage depletion for oil and gress), the concurrent resolution on the between related controlled for- gas from marginal wells. eign corporations under foreign budget for fiscal year 2010. In the House of Subtitle B—Individual Tax Relief Representatives, sections 201, 211, and 232 of personal holding company this Act are designated as an emergency for PART I—MISCELLANEOUS PROVISIONS rules. purposes of pay-as-you-go principles. Sec. 111. Deduction for certain expenses of Sec. 155. Reduction in corporate rate for elementary and secondary qualified timber gain. TITLE VIII—OFFSET school teachers. Sec. 156. Basis adjustment to stock of S SEC. 801. RESCISSION. Sec. 112. Additional standard deduction for corps making charitable con- (a) UNOBLIGATED AMOUNTS.—Any amounts State and local real property tributions of property. appropriated or made available and remain- taxes. Sec. 157. Empowerment zone tax incentives.

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0655 E:\CR\FM\A03MR6.092 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1062 CONGRESSIONAL RECORD — SENATE March 3, 2010 Sec. 158. Tax incentives for investment in Sec. 226. Extension of reasonable cost con- Sec. 524. Digital television transition con- the District of Columbia. tracts. forming amendments. Sec. 159. Renewal community tax incen- Sec. 227. Extension of particular waiver pol- Sec. 525. Application pending completion of tives. icy for employer group plans. rulemakings. Sec. 160. Temporary increase in limit on Sec. 228. Extension of continuing care re- Sec. 526. Process for issuing qualified carrier cover over of rum excise taxes tirement community program. certification. to Puerto Rico and the Virgin Sec. 229. Funding outreach and assistance Sec. 527. Nondiscrimination in carriage of Islands. for low-income programs. high definition digital signals Sec. 161. American Samoa economic devel- Sec. 230. Family-to-family health informa- of noncommercial educational opment credit. tion centers. television stations. Subtitle D—Temporary Disaster Relief Sec. 231. Implementation funding. Sec. 528. Savings clause regarding defini- Provisions Sec. 232. Extension of ARRA increase in tions. FMAP. Sec. 529. State public affairs broadcasts. PART I—NATIONAL DISASTER RELIEF Sec. 233. Extension of gainsharing dem- Subtitle C—Reports and Savings Provision Sec. 171. Waiver of certain mortgage rev- onstration. Sec. 531. Definition. enue bond requirements. Subtitle C—Other Provisions Sec. 532. Report on market based alter- Sec. 172. Losses attributable to federally de- natives to statutory licensing. clared disasters. Sec. 241. Extension of use of 2009 poverty Sec. 533. Report on communications impli- Sec. 173. Special depreciation allowance for guidelines. cations of statutory licensing Sec. 242. Refunds disregarded in the admin- qualified disaster property. modifications. Sec. 174. Net operating losses attributable to istration of Federal programs Sec. 534. Report on in-state broadcast pro- federally declared disasters. and federally assisted pro- gramming. Sec. 175. Expensing of qualified disaster ex- grams. Sec. 535. Local network channel broadcast penses. Sec. 243. State court improvement program. reports. PART II—REGIONAL PROVISIONS Sec. 244. Extension of national flood insur- Sec. 536. Savings provision regarding use of ance program. SUBPART A—NEW YORK LIBERTY ZONE negotiated licenses. Sec. 245. Emergency disaster assistance. Sec. 537. Effective date; Noninfringement of Sec. 181. Special depreciation allowance for Sec. 246. Small business loan guarantee en- copyright. nonresidential and residential hancement extensions. real property. Subtitle D—Severability Sec. 182. Tax-exempt bond financing. TITLE III—PENSION FUNDING RELIEF Sec. 541. Severability. Subtitle A—Single Employer Plans SUBPART B—GO ZONE TITLE VI—OTHER PROVISIONS Sec. 183. Special depreciation allowance. Sec. 301. Extended period for single-em- Sec. 601. Increase in the Medicare physician Sec. 184. Increase in rehabilitation credit. ployer defined benefit plans to payment update. Sec. 185. Work opportunity tax credit with amortize certain shortfall am- TITLE VII—DETERMINATION OF respect to certain individuals ortization bases. BUDGETARY EFFECTS Sec. 302. Application of extended amortiza- affected by Hurricane Katrina Sec. 701. Determination of budgetary effect. tion period to plans subject to for employers inside disaster TITLE VIII—ADDITIONAL OFFSETS areas. prior law funding rules. Sec. 303. Lookback for certain benefit re- Sec. 801. Repeal of increase of the office SUBPART C—MIDWESTERN DISASTER AREAS strictions. budgets of Members of Con- Sec. 191. Special rules for use of retirement Subtitle B—Multiemployer Plans gress. funds. Sec. 802. Repeal of excessive overhead, Sec. 192. Exclusion of cancellation of mort- Sec. 311. Adjustments to funding standard elimination of wasteful spend- gage indebtedness. account rules. ing, and consolidation of dupli- TITLE II—UNEMPLOYMENT INSURANCE, TITLE IV—OFFSET PROVISIONS cative programs at the Depart- HEALTH, AND OTHER PROVISIONS Subtitle A—Black Liquor ment of Agriculture. Sec. 803. Repeal of excessive overhead, Subtitle A—Unemployment Insurance Sec. 401. Exclusion of unprocessed fuels from elimination of wasteful spend- the cellulosic biofuel producer Sec. 201. Extension of unemployment insur- ing, and consolidation of dupli- credit. ance provisions. cative programs at the Depart- Sec. 402. Prohibition on alternative fuel Subtitle B—Health Provisions ment of Commerce. credit and alternative fuel mix- Sec. 211. Extension and improvement of pre- Sec. 804. Repeal of excessive overhead, ture credit for black liquor. mium assistance for COBRA elimination of wasteful spend- benefits. Subtitle B—Homebuyer Credit ing, and consolidation of dupli- Sec. 212. Extension of therapy caps excep- Sec. 411. Technical modifications to home- cative programs at the Depart- tions process. buyer credit. ment of Education. Sec. 213. Treatment of pharmacies under du- Subtitle C—Economic Substance Sec. 805. Repeal of excessive overhead, rable medical equipment ac- elimination of wasteful spend- Sec. 421. Codification of economic substance creditation requirements. ing, and consolidation of dupli- Sec. 214. Enhanced payment for mental doctrine; penalties. cative programs at the Depart- health services. Subtitle D—Additional Provisions ment of Energy. Sec. 215. Extension of ambulance add-ons. Sec. 431. Revision to the Medicare Improve- Sec. 806. Repeal of excessive overhead, Sec. 216. Extension of geographic floor for ment Fund. elimination of wasteful spend- ing, and consolidation of dupli- work. TITLE V—SATELLITE TELEVISION Sec. 217. Extension of payment for technical cative programs at the Depart- EXTENSION component of certain physician ment of Health and Human pathology services. Sec. 501. Short title. Services. Sec. 218. Extension of outpatient hold harm- Subtitle A—Statutory Licenses Sec. 807. Repeal of excessive overhead, less provision. Sec. 501. Reference. elimination of wasteful spend- Sec. 219. EHR Clarification. Sec. 502. Modifications to statutory license ing, and consolidation of dupli- Sec. 220. Extension of reimbursement for all for satellite carriers. cative programs at the Depart- Medicare part B services fur- Sec. 503. Modifications to statutory license ment of Homeland Security. nished by certain indian hos- for satellite carriers in local Sec. 808. Repeal of excessive overhead, pitals and clinics. markets. elimination of wasteful spend- Sec. 221. Extension of certain payment rules Sec. 504. Modifications to cable system sec- ing, and consolidation of dupli- for long-term care hospital ondary transmission rights cative programs at the Depart- services and of moratorium on under section 111. ment of Housing and Urban De- the establishment of certain Sec. 505. Certain waivers granted to pro- velopment. hospitals and facilities. viders of local-into-local serv- Sec. 809. Repeal of excessive overhead, Sec. 222. Extension of the Medicare rural ice for all DMAs. elimination of wasteful spend- hospital flexibility program. Sec. 506. Copyright Office fees. ing, and consolidation of dupli- Sec. 223. Extension of section 508 hospital Sec. 507. Termination of license. cative programs at the Depart- reclassifications. Sec. 508. Construction. ment of Interior. Sec. 224. Technical correction related to Sec. 810. Repeal of excessive overhead, critical access hospital serv- Subtitle B—Communications Provisions elimination of wasteful spend- ices. Sec. 521. Reference. ing, and consolidation of dupli- Sec. 225. Extension for specialized MA plans Sec. 522. Extension of authority. cative programs at the Depart- for special needs individuals. Sec. 523. Significantly viewed stations. ment of Justice.

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Sec. 811. Repeal of excessive overhead, (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment elimination of wasteful spend- made by this section shall apply to facilities made by this section shall apply to taxable ing, and consolidation of dupli- placed in service after December 31, 2009. years beginning after December 31, 2009. cative programs at the Depart- SEC. 107. NEW ENERGY EFFICIENT HOME CREDIT. SEC. 116. TAX-FREE DISTRIBUTIONS FROM INDI- ment of Labor. (a) IN GENERAL.—Subsection (g) of section VIDUAL RETIREMENT PLANS FOR Sec. 812. Repeal of excessive overhead, 45L is amended by striking ‘‘December 31, CHARITABLE PURPOSES. elimination of wasteful spend- 2009’’ and inserting ‘‘December 31, 2010’’. ing, and consolidation of dupli- (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraph (F) of sec- cative programs at the Depart- made by this section shall apply to homes tion 408(d)(8) is amended by striking ‘‘De- ment of State. acquired after December 31, 2009. cember 31, 2009’’ and inserting ‘‘December 31, Sec. 813. Repeal of excessive overhead, SEC. 108. EXCISE TAX CREDITS AND OUTLAY PAY- 2010’’. elimination of wasteful spend- MENTS FOR ALTERNATIVE FUEL (b) EFFECTIVE DATE.—The amendment ing, and consolidation of dupli- AND ALTERNATIVE FUEL MIXTURES. made by this section shall apply to distribu- (a) IN GENERAL.—Sections 6426(d)(5), cative programs at the Depart- tions made in taxable years beginning after 6426(e)(3), and 6427(e)(6)(C) are each amended ment of Transportation. December 31, 2009 Sec. 814. Repeal of excessive overhead, by striking ‘‘December 31, 2009’’ and insert- elimination of wasteful spend- ing ‘‘December 31, 2010’’. SEC. 117. LOOK-THRU OF CERTAIN REGULATED ing, and consolidation of dupli- (b) EFFECTIVE DATE.—The amendments INVESTMENT COMPANY STOCK IN cative programs at the Depart- made by this section shall apply to fuel sold DETERMINING GROSS ESTATE OF NONRESIDENTS. ment of Treasury. or used after December 31, 2009. Sec. 815. Rescission of unspent and uncom- SEC. 109. SPECIAL RULE FOR SALES OR DISPOSI- (a) IN GENERAL.—Paragraph (3) of section mitted funds Federal funds. TIONS TO IMPLEMENT FERC OR 2105(d) is amended by striking ‘‘December 31, Sec. 816. Implementation of rescissions. STATE ELECTRIC RESTRUCTURING 2009’’ and inserting ‘‘December 31, 2010’’. POLICY FOR QUALIFIED ELECTRIC TITLE I—EXTENSION OF EXPIRING UTILITIES. (b) EFFECTIVE DATE.—The amendment PROVISIONS (a) IN GENERAL.—Paragraph (3) of section made by this section shall apply to estates of Subtitle A—Energy 451(i) is amended by striking ‘‘January 1, decedents dying after December 31, 2009. SEC. 101. ALTERNATIVE MOTOR VEHICLE CREDIT 2010’’ and inserting ‘‘January 1, 2011’’. FOR NEW QUALIFIED HYBRID (b) EFFECTIVE DATE.—The amendment PART II—LOW-INCOME HOUSING CREDITS MOTOR VEHICLES OTHER THAN PAS- made by this section shall apply to trans- SEC. 121. ELECTION FOR REFUNDABLE LOW-IN- SENGER AUTOMOBILES AND LIGHT actions after December 31, 2009. COME HOUSING CREDIT FOR 2010. TRUCKS. SEC. 110. SUSPENSION OF LIMITATION ON PER- (a) IN GENERAL.—Paragraph (3) of section CENTAGE DEPLETION FOR OIL AND (a) IN GENERAL.—Section 42 is amended by 30B(k) is amended by striking ‘‘December 31, GAS FROM MARGINAL WELLS. redesignating subsection (n) as subsection 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Clause (ii) of section (o) and by inserting after subsection (m) the (b) EFFECTIVE DATE.—The amendment 613A(c)(6)(H) is amended by striking ‘‘Janu- following new subsection: made by this section shall apply to property ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(n) ELECTION FOR REFUNDABLE CREDITS.— purchased after December 31, 2009. (b) EFFECTIVE DATE.—The amendment ‘‘(1) IN GENERAL.—The housing credit agen- SEC. 102. INCENTIVES FOR BIODIESEL AND RE- made by this section shall apply to taxable cy of each State shall be allowed a credit in NEWABLE DIESEL. years beginning after December 31, 2009. (a) CREDITS FOR BIODIESEL AND RENEWABLE an amount equal to such State’s 2010 low-in- Subtitle B—Individual Tax Relief DIESEL USED AS FUEL.—Subsection (g) of sec- come housing refundable credit election tion 40A is amended by striking ‘‘December PART I—MISCELLANEOUS PROVISIONS amount, which shall be payable by the Sec- 31, 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 111. DEDUCTION FOR CERTAIN EXPENSES retary as provided in paragraph (5). (b) EXCISE TAX CREDITS AND OUTLAY PAY- OF ELEMENTARY AND SECONDARY ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE SCHOOL TEACHERS. MENTS FOR BIODIESEL AND RENEWABLE DIESEL CREDIT ELECTION AMOUNT.—For purposes of N ENERAL FUEL MIXTURES.— (a) I G .—Subparagraph (D) of sec- this subsection, the term ‘2010 low-income (1) Paragraph (6) of section 6426(c) is tion 62(a)(2) is amended by striking ‘‘or 2009’’ housing refundable credit election amount’ amended by striking ‘‘December 31, 2009’’ and and inserting ‘‘2009, or 2010’’. means, with respect to any State, such (b) EFFECTIVE DATE.—The amendment inserting ‘‘December 31, 2010’’. amount as the State may elect which does made by this section shall apply to taxable (2) Subparagraph (B) of section 6427(e)(6) is not exceed 85 percent of the product of— years beginning after December 31, 2009. amended by striking ‘‘December 31, 2009’’ and ‘‘(A) the sum of— inserting ‘‘December 31, 2010’’. SEC. 112. ADDITIONAL STANDARD DEDUCTION ‘‘(i) 100 percent of the State housing credit FOR STATE AND LOCAL REAL PROP- (c) EFFECTIVE DATE.—The amendments ceiling for 2010 which is attributable to ERTY TAXES. made by this section shall apply to fuel sold amounts described in clauses (i) and (iii) of (a) IN GENERAL.—Subparagraph (C) of sec- subsection (h)(3)(C), and or used after December 31, 2009. tion 63(c)(1) is amended by striking ‘‘or 2009’’ ‘‘(ii) 40 percent of the State housing credit SEC. 103. CREDIT FOR ELECTRICITY PRODUCED and inserting ‘‘2009, or 2010’’. AT CERTAIN OPEN-LOOP BIOMASS (b) EFFECTIVE DATE.—The amendment ceiling for 2010 which is attributable to FACILITIES. made by this section shall apply to taxable amounts described in clauses (ii) and (iv) of (a) IN GENERAL.—Clause (ii) of section years beginning after December 31, 2009. such subsection, multiplied by 45(b)(4)(B) is amended by striking ‘‘5-year pe- SEC. 113. DEDUCTION OF STATE AND LOCAL ‘‘(B) 10. riod’’ and inserting ‘‘6-year period’’. SALES TAXES. ‘‘(3) COORDINATION WITH NON-REFUNDABLE (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraph (I) of sec- CREDIT.—For purposes of this section, the made by this section shall apply to elec- tion 164(b)(5) is amended by striking ‘‘Janu- amounts described in clauses (i) through (iv) tricity produced and sold after December 31, ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. of subsection (h)(3)(C) with respect to any 2009. (b) EFFECTIVE DATE.—The amendment State for 2010 shall each be reduced by so SEC. 104. CREDIT FOR REFINED COAL FACILI- made by this section shall apply to taxable much of such amount as is taken into ac- TIES. years beginning after December 31, 2009. count in determining the amount of the (a) IN GENERAL .—Subparagraphs (A) and SEC. 114. CONTRIBUTIONS OF CAPITAL GAIN credit allowed with respect to such State (B) of section 45(d)(8) are each amended by REAL PROPERTY MADE FOR CON- under paragraph (1). striking ‘‘January 1, 2010’’ and inserting SERVATION PURPOSES. ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a ‘‘January 1, 2011’’. (a) IN GENERAL.—Clause (vi) of section qualified low-income building shall not be (b) EFFECTIVE DATE.—The amendments 170(b)(1)(E) is amended by striking ‘‘Decem- reduced by the amount of any payment made made by this section shall apply to facilities ber 31, 2009’’ and inserting ‘‘December 31, under this subsection. placed in service after December 31, 2009. 2010’’. ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE SEC. 105. CREDIT FOR PRODUCTION OF LOW SUL- (b) CONTRIBUTIONS BY CERTAIN CORPORATE LOW-INCOME BUILDINGS.—The Secretary shall FUR DIESEL FUEL. FARMERS AND RANCHERS.—Clause (iii) of sec- pay to the housing credit agency of each (a) APPLICABLE PERIOD.—Paragraph (4) of tion 170(b)(2)(B) is amended by striking ‘‘De- State an amount equal to the credit allowed section 45H(c) is amended by striking ‘‘De- cember 31, 2009’’ and inserting ‘‘December 31, under paragraph (1). Rules similar to the cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. rules of subsections (c) and (d) of section 1602 2010’’. (c) EFFECTIVE DATE.—The amendments of the American Recovery and Reinvestment (b) EFFECTIVE DATE.—The amendment made by this section shall apply to contribu- made by this section shall take effect as if Tax Act of 2009 shall apply with respect to tions made in taxable years beginning after any payment made under this paragraph, ex- included in section 339 of the American Jobs December 31, 2009. Creation Act of 2004. cept that such subsection (d) shall be applied SEC. 115. ABOVE-THE-LINE DEDUCTION FOR by substituting ‘January 1, 2012’ for ‘January SEC. 106. CREDIT FOR PRODUCING FUEL FROM QUALIFIED TUITION AND RELATED COKE OR COKE GAS. EXPENSES. 1, 2011’.’’. (a) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Subsection (e) of section (b) CONFORMING AMENDMENT.—Section 45K(g) is amended by striking ‘‘January 1, 222 is amended by striking ‘‘December 31, 1324(b)(2) of title 31, United States Code, is 2010’’ and inserting ‘‘January 1, 2011’’. 2009’’ and inserting ‘‘December 31, 2010’’. amended by inserting ‘‘42(n),’’ after ‘‘36A,’’.

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.103 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1064 CONGRESSIONAL RECORD — SENATE March 3, 2010 Subtitle C—Business Tax Relief cember 31, 2009’’ and inserting ‘‘December 31, ber 31, 2009’’ and inserting ‘‘December 31, SEC. 131. RESEARCH CREDIT. 2010’’. 2010’’. (a) IN GENERAL.—Subparagraph (B) of sec- (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment tion 41(h)(1) is amended by striking ‘‘Decem- made by this section shall apply to property made by this section shall apply to payments ber 31, 2009’’ and inserting ‘‘December 31, placed in service after December 31, 2009. received or accrued after December 31, 2009. 2010’’. SEC. 140. ACCELERATED DEPRECIATION FOR SEC. 149. EXCLUSION OF GAIN OR LOSS ON SALE (b) CONFORMING AMENDMENT.—Subpara- BUSINESS PROPERTY ON AN INDIAN OR EXCHANGE OF CERTAIN graph (D) of section 45C(b)(1) is amended by RESERVATION. BROWNFIELD SITES FROM UNRE- striking ‘‘December 31, 2009’’ and inserting (a) IN GENERAL.—Paragraph (8) of section LATED BUSINESS INCOME. ‘‘December 31, 2010’’. 168(j) is amended by striking ‘‘December 31, (a) IN GENERAL.—Subparagraph (K) of sec- (c) EFFECTIVE DATE.—The amendments 2009’’ and inserting ‘‘December 31, 2010’’. tion 512(b)(19) is amended by striking ‘‘De- made by this section shall apply to amounts (b) EFFECTIVE DATE.—The amendment cember 31, 2009’’ and inserting ‘‘December 31, paid or incurred after December 31, 2009. made by this section shall apply to property 2010’’. SEC. 132. INDIAN EMPLOYMENT TAX CREDIT. placed in service after December 31, 2009. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subsection (f) of section SEC. 141. ENHANCED CHARITABLE DEDUCTION made by this section shall apply to property 45A is amended by striking ‘‘December 31, FOR CONTRIBUTIONS OF FOOD IN- acquired after December 31, 2009. VENTORY. 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 150. TIMBER REIT MODERNIZATION. N ENERAL (b) EFFECTIVE DATE.—The amendment (a) I G .—Clause (iv) of section 170(e)(3)(C) is amended by striking ‘‘Decem- (a) IN GENERAL.—Paragraph (8) of section made by this section shall apply to taxable 856(c) is amended by striking ‘‘means’’ and years beginning after December 31, 2009. ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. all that follows and inserting ‘‘means De- SEC. 133. NEW MARKETS TAX CREDIT. (b) EFFECTIVE DATE.—The amendment cember 31, 2010.’’. (a) IN GENERAL.—Subparagraph (F) of sec- made by this section shall apply to contribu- (b) CONFORMING AMENDMENTS.— tion 45D(f)(1) is amended by inserting ‘‘and tions made after December 31, 2009. (1) Subparagraph (I) of section 856(c)(2) is 2010’’ after ‘‘2009’’. SEC. 142. ENHANCED CHARITABLE DEDUCTION amended by striking ‘‘the first taxable year (b) CONFORMING AMENDMENT.—Paragraph beginning after the date of the enactment of (3) of section 45D(f) is amended by striking FOR CONTRIBUTIONS OF BOOK IN- VENTORIES TO PUBLIC SCHOOLS. this subparagraph’’ and inserting ‘‘in a tax- ‘‘2014’’ and inserting ‘‘2015’’. (a) IN GENERAL.—Clause (iv) of section able year beginning on or before the termi- (c) EFFECTIVE DATE.—The amendments nation date’’. made by this section shall apply to calendar 170(e)(3)(D) is amended by striking ‘‘Decem- (2) Clause (iii) of section 856(c)(5)(H) is years beginning after 2009. ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. amended by inserting ‘‘in taxable years be- SEC. 134. RAILROAD TRACK MAINTENANCE CRED- (b) EFFECTIVE DATE.—The amendment ginning’’ after ‘‘dispositions’’. IT. made by this section shall apply to contribu- (3) Clause (v) of section 857(b)(6)(D) is (a) IN GENERAL.—Subsection (f) of section 45G is amended by striking ‘‘January 1, 2010’’ tions made after December 31, 2009. amended by inserting ‘‘in a taxable year be- and inserting ‘‘January 1, 2011’’. SEC. 143. ENHANCED CHARITABLE DEDUCTION ginning’’ after ‘‘sale’’. FOR CORPORATE CONTRIBUTIONS (b) EFFECTIVE DATE.—The amendment (4) Subparagraph (G) of section 857(b)(6) is OF COMPUTER INVENTORY FOR amended by inserting ‘‘in a taxable year be- made by this section shall apply to expendi- EDUCATIONAL PURPOSES. tures paid or incurred in taxable years begin- ginning’’ after ‘‘In the case of a sale’’. (a) IN GENERAL.—Subparagraph (G) of sec- (c) EFFECTIVE DATE.—The amendments ning after December 31, 2009. tion 170(e)(6) is amended by striking ‘‘De- SEC. 135. MINE RESCUE TEAM TRAINING CREDIT. made by this section shall apply to taxable cember 31, 2009’’ and inserting ‘‘December 31, years ending after May 22, 2009. (a) IN GENERAL.—Subsection (e) of section 2010’’. SEC. 151. TREATMENT OF CERTAIN DIVIDENDS 45N is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendment AND ASSETS OF REGULATED IN- 2009’’ and inserting ‘‘December 31, 2010’’. made by this section shall apply to contribu- (b) EFFECTIVE DATE.—The amendment VESTMENT COMPANIES. tions made in taxable years beginning after (a) IN GENERAL.—Paragraphs (1)(C) and made by this section shall apply to taxable December 31, 2009. years beginning after December 31, 2009. (2)(C) of section 871(k) are each amended by SEC. 144. ELECTION TO EXPENSE MINE SAFETY striking ‘‘December 31, 2009’’ and inserting SEC. 136. EMPLOYER WAGE CREDIT FOR EMPLOY- EQUIPMENT. EES WHO ARE ACTIVE DUTY MEM- ‘‘December 31, 2010’’. (a) IN GENERAL.—Subsection (g) of section BERS OF THE UNIFORMED SERV- (b) EFFECTIVE DATE.—The amendments ICES. 179E is amended by striking ‘‘December 31, made by this section shall apply to taxable 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Subsection (f) of section years beginning after December 31, 2009. FFECTIVE DATE.—The amendment 45P is amended by striking ‘‘December 31, (b) E made by this section shall apply to property SEC. 152. RIC QUALIFIED INVESTMENT ENTITY 2009’’ and inserting ‘‘December 31, 2010’’. TREATMENT UNDER FIRPTA. placed in service after December 31, 2009. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Clause (ii) of section SEC. 145. SPECIAL EXPENSING RULES FOR CER- made by this section shall apply to payments 897(h)(4)(A) is amended by striking ‘‘Decem- made after December 31, 2009. TAIN FILM AND TELEVISION PRO- DUCTIONS. ber 31, 2009’’ and inserting ‘‘December 31, SEC. 137. 5-YEAR DEPRECIATION FOR FARMING (a) IN GENERAL.—Subsection (f) of section 2010’’. BUSINESS MACHINERY AND EQUIP- (b) EFFECTIVE DATE.— MENT. 181 is amended by striking ‘‘December 31, (1) IN GENERAL.—The amendment made by (a) IN GENERAL.—Clause (vii) of section 2009’’ and inserting ‘‘December 31, 2010’’. subsection (a) shall take effect on January 1, 168(e)(3)(B) is amended by striking ‘‘January (b) EFFECTIVE DATE.—The amendment 2010. Notwithstanding the preceding sen- 1, 2010’’ and inserting ‘‘January 1, 2011’’. made by this section shall apply to produc- tence, such amendment shall not apply with (b) EFFECTIVE DATE.—The amendment tions commencing after December 31, 2009. made by this section shall apply to property SEC. 146. EXPENSING OF ENVIRONMENTAL REME- respect to the withholding requirement placed in service after December 31, 2009. DIATION COSTS. under section 1445 of the Internal Revenue N ENERAL Code of 1986 for any payment made before SEC. 138. 15-YEAR STRAIGHT-LINE COST RECOV- (a) I G .—Subsection (h) of section ERY FOR QUALIFIED LEASEHOLD 198 is amended by striking ‘‘December 31, the date of the enactment of this Act. IMPROVEMENTS, QUALIFIED RES- 2009’’ and inserting ‘‘December 31, 2010’’. (2) AMOUNTS WITHHELD ON OR BEFORE DATE TAURANT BUILDINGS AND IMPROVE- (b) EFFECTIVE DATE.—The amendment OF ENACTMENT.—In the case of a regulated in- MENTS, AND QUALIFIED RETAIL IM- made by this section shall apply to expendi- vestment company— PROVEMENTS. tures paid or incurred after December 31, (A) which makes a distribution after De- (a) IN GENERAL.—Clauses (iv), (v), and (ix) 2009. cember 31, 2009, and before the date of the en- of section 168(e)(3)(E) are each amended by SEC. 147. DEDUCTION ALLOWABLE WITH RE- actment of this Act, and striking ‘‘January 1, 2010’’ and inserting SPECT TO INCOME ATTRIBUTABLE (B) which would (but for the second sen- ‘‘January 1, 2011’’. TO DOMESTIC PRODUCTION ACTIVI- tence of paragraph (1)) have been required to (b) CONFORMING AMENDMENTS.— TIES IN PUERTO RICO. withhold with respect to such distribution (1) Clause (i) of section 168(e)(7)(A) is (a) IN GENERAL.—Subparagraph (C) of sec- under section 1445 of such Code, amended by striking ‘‘if such building is tion 199(d)(8) is amended— placed in service after December 31, 2008, and (1) by striking ‘‘first 4 taxable years’’ and such investment company shall not be liable before January 1, 2010,’’. inserting ‘‘first 5 taxable years’’, and to any person to whom such distribution was (2) Paragraph (8) of section 168(e) is amend- (2) by striking ‘‘January 1, 2010’’ and in- made for any amount so withheld and paid ed by striking subparagraph (E). serting ‘‘January 1, 2011’’. over to the Secretary of the Treasury. (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments SEC. 153. EXCEPTIONS FOR ACTIVE FINANCING made by this section shall apply to property made by this section shall apply to taxable INCOME. placed in service after December 31, 2009. years beginning after December 31, 2009. (a) IN GENERAL.—Sections 953(e)(10) and SEC. 139. 7-YEAR RECOVERY PERIOD FOR MOTOR- SEC. 148. MODIFICATION OF TAX TREATMENT OF 954(h)(9) are each amended by striking ‘‘Jan- SPORTS ENTERTAINMENT COM- CERTAIN PAYMENTS TO CONTROL- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. PLEXES. LING EXEMPT ORGANIZATIONS. (b) CONFORMING AMENDMENT.—Section (a) IN GENERAL.—Subparagraph (D) of sec- (a) IN GENERAL.—Clause (iv) of section 953(e)(10) is amended by striking ‘‘December tion 168(i)(15) is amended by striking ‘‘De- 512(b)(13)(E) is amended by striking ‘‘Decem- 31, 2009’’ and inserting ‘‘December 31, 2010’’.

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(c) EFFECTIVE DATE.—The amendments 2009’’ each place it appears and inserting ment of this Act), subparagraph (B) of such made by this section shall apply to taxable ‘‘December 31, 2010’’. section shall not apply with respect to such years of foreign corporations beginning after (b) TAX-EXEMPT DC EMPOWERMENT ZONE designation unless, after the date of the en- December 31, 2009, and to taxable years of BONDS.—Subsection (b) of section 1400A is actment of this section, the entity which United States shareholders with or within amended by striking ‘‘December 31, 2009’’ and made such nomination reconfirms such ter- which any such taxable year of such foreign inserting ‘‘December 31, 2010’’. mination date, or amends the nomination to corporation ends. (c) ZERO-PERCENT CAPITAL GAINS RATE.— provide for a new termination date, in such SEC. 154. LOOK-THRU TREATMENT OF PAYMENTS (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), manner as the Secretary of the Treasury (or BETWEEN RELATED CONTROLLED (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section the Secretary’s designee) may provide. FOREIGN CORPORATIONS UNDER 1400B(b) are each amended by striking ‘‘Jan- (f) EFFECTIVE DATES.— FOREIGN PERSONAL HOLDING COM- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (1) IN GENERAL.—Except as otherwise pro- PANY RULES. (2) LIMITATION ON PERIOD OF GAINS.— vided in this subsection, the amendments (a) IN GENERAL.—Subparagraph (C) of sec- (A) IN GENERAL.—Paragraph (2) of section made by this section shall apply to periods tion 954(c)(6) is amended by striking ‘‘Janu- 1400B(e) is amended— after December 31, 2009. ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (i) by striking ‘‘December 31, 2014’’ and in- (2) ACQUISITIONS.—The amendments made (b) EFFECTIVE DATE.—The amendment serting ‘‘December 31, 2015’’, and by subsections (b)(1) and (d) shall apply to made by this section shall apply to taxable (ii) by striking ‘‘2014’’ in the heading and acquisitions after December 31, 2009. years of foreign corporations beginning after inserting ‘‘2015’’. (3) COMMERCIAL REVITALIZATION DEDUC- December 31, 2009, and to taxable years of (B) PARTNERSHIPS AND S-CORPS.—Paragraph TION.— United States shareholders with or within (2) of section 1400B(g) is amended by striking (A) IN GENERAL.—The amendment made by which any such taxable year of such foreign ‘‘December 31, 2014’’ and inserting ‘‘Decem- subsection (c)(1) shall apply to buildings corporation ends. ber 31, 2015’’. placed in service after December 31, 2009. SEC. 155. REDUCTION IN CORPORATE RATE FOR (d) FIRST-TIME HOMEBUYER CREDIT.—Sub- (B) CONFORMING AMENDMENT.—The amend- QUALIFIED TIMBER GAIN. section (i) of section 1400C is amended by ment made by subsection (c)(2) shall apply to (a) IN GENERAL.—Paragraph (1) of section striking ‘‘January 1, 2010’’ and inserting calendar years beginning after December 31, 1201(b) is amended by striking ‘‘ending’’ and ‘‘January 1, 2011’’. 2009. all that follows through ‘‘such date’’. (e) EFFECTIVE DATES.— SEC. 160. TEMPORARY INCREASE IN LIMIT ON (b) CONFORMING AMENDMENT.—Paragraph (1) IN GENERAL.—Except as otherwise pro- COVER OVER OF RUM EXCISE TAXES (3) of section 1201(b) is amended to read as vided in this subsection, the amendments TO PUERTO RICO AND THE VIRGIN ISLANDS. follows: made by this section shall apply to periods (a) IN GENERAL.—Paragraph (1) of section ‘‘(3) APPLICATION OF SUBSECTION.—The after December 31, 2009. 7652(f) is amended by striking ‘‘January 1, qualified timber gain for any taxable year (2) TAX-EXEMPT DC EMPOWERMENT ZONE shall not exceed the qualified timber gain 2010’’ and inserting ‘‘January 1, 2011’’. BONDS.—The amendment made by subsection (b) EFFECTIVE DATE.—The amendment which would be determined by not taking (b) shall apply to bonds issued after Decem- made by this section shall apply to distilled into account any portion of such taxable ber 31, 2009. spirits brought into the United States after year after December 31, 2010.’’. (3) ACQUISITION DATES FOR ZERO-PERCENT December 31, 2009. (c) EFFECTIVE DATE.—The amendments CAPITAL GAINS RATE.—The amendments made made by this section shall apply to taxable SEC. 161. AMERICAN SAMOA ECONOMIC DEVEL- by subsection (c) shall apply to property ac- OPMENT CREDIT. years ending after May 22, 2009. quired or substantially improved after De- (a) IN GENERAL.—Subsection (d) of section SEC. 156. BASIS ADJUSTMENT TO STOCK OF S cember 31, 2009. 119 of division A of the Tax Relief and Health CORPS MAKING CHARITABLE CON- (4) HOMEBUYER CREDIT.—The amendment Care Act of 2006 is amended— TRIBUTIONS OF PROPERTY. made by subsection (d) shall apply to homes (1) by striking ‘‘first 4 taxable years’’ and (a) IN GENERAL.—Paragraph (2) of section purchased after December 31, 2009. inserting ‘‘first 5 taxable years’’, and 1367(a) is amended by striking ‘‘December 31, SEC. 159. RENEWAL COMMUNITY TAX INCEN- (2) by striking ‘‘January 1, 2010’’ and in- 2009’’ and inserting ‘‘December 31, 2010’’. TIVES. serting ‘‘January 1, 2011’’. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subsection (b) of section (b) EFFECTIVE DATE.—The amendments made by this section shall apply to contribu- 1400E is amended— made by this section shall apply to taxable tions made in taxable years beginning after (1) by striking ‘‘December 31, 2009’’ in para- years beginning after December 31, 2009. December 31, 2009. graphs (1)(A) and (3) and inserting ‘‘Decem- Subtitle D—Temporary Disaster Relief SEC. 157. EMPOWERMENT ZONE TAX INCENTIVES. ber 31, 2010’’, and Provisions (a) IN GENERAL.—Section 1391 is amended— (2) by striking ‘‘January 1, 2010’’ in para- PART I—NATIONAL DISASTER RELIEF (1) by striking ‘‘December 31, 2009’’ in sub- graph (3) and inserting ‘‘January 1, 2011’’. SEC. 171. WAIVER OF CERTAIN MORTGAGE REV- section (d)(1)(A)(i) and inserting ‘‘December (b) ZERO-PERCENT CAPITAL GAINS RATE.— ENUE BOND REQUIREMENTS. 31, 2010’’, and (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), (a) IN GENERAL.—Paragraph (11) of section (2) by striking the last sentence of sub- (3)(A), (4)(A)(i), and (4)(B)(i) of section section (h)(2). 143(k) is amended by striking ‘‘January 1, 1400F(b) are each amended by striking ‘‘Jan- 2010’’ and inserting ‘‘January 1, 2011’’. (b) INCREASED EXCLUSION OF GAIN ON STOCK uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (b) SPECIAL RULE FOR RESIDENCES DE- OF EMPOWERMENT ZONE BUSINESSES.—Sub- (2) LIMITATION ON PERIOD OF GAINS.—Para- STROYED IN FEDERALLY DECLARED DISAS- paragraph (C) of section 1202(a)(2) is amend- graph (2) of section 1400F(c) is amended— TERS.—Paragraph (13) of section 143(k), as re- ed— (A) by striking ‘‘December 31, 2014’’ and in- designated by subsection (c), is amended by (1) by striking ‘‘December 31, 2014’’ and in- serting ‘‘December 31, 2015’’, and striking ‘‘January 1, 2010’’ in subparagraphs serting ‘‘December 31, 2015’’, and (B) by striking ‘‘2014’’ in the heading and in- (A)(i) and (B)(i) and inserting ‘‘January 1, (2) by striking ‘‘2014’’ in the heading and in- serting ‘‘2015’’. 2011’’. serting ‘‘2015’’. (3) CLERICAL AMENDMENT.—Subsection (d) (c) TECHNICAL AMENDMENT.—Subsection (k) (c) TREATMENT OF CERTAIN TERMINATION of section 1400F is amended by striking ‘‘and of section 143 is amended by redesignating DATES SPECIFIED IN NOMINATIONS.—In the ‘December 31, 2014’ for ‘December 31, 2014’ ’’. the second paragraph (12) (relating to special case of a designation of an empowerment (c) COMMERCIAL REVITALIZATION DEDUC- rules for residences destroyed in federally zone the nomination for which included a TION.— declared disasters) as paragraph (13). termination date which is contemporaneous (1) IN GENERAL.—Subsection (g) of section (d) EFFECTIVE DATES.— with the date specified in subparagraph 1400I is amended by striking ‘‘December 31, (1) IN GENERAL.—Except as otherwise pro- (A)(i) of section 1391(d)(1) of the Internal 2009’’ and inserting ‘‘December 31, 2010’’. vided in this subsection, the amendment Revenue Code of 1986 (as in effect before the (2) CONFORMING AMENDMENT.—Subpara- made by this section shall apply to bonds enactment of this Act), subparagraph (B) of graph (A) of section 1400I(d)(2) is amended by issued after December 31, 2009. such section shall not apply with respect to striking ‘‘after 2001 and before 2010’’ and in- (2) RESIDENCES DESTROYED IN FEDERALLY such designation unless, after the date of the serting ‘‘which begins after 2001 and before DECLARED DISASTERS.—The amendments enactment of this section, the entity which the date referred to in subsection (g)’’. made by subsection (b) shall apply with re- made such nomination reconfirms such ter- (d) INCREASED EXPENSING UNDER SECTION spect to disasters occurring after December mination date, or amends the nomination to 179.—Subparagraph (A) of section 1400J(b)(1) 31, 2009. provide for a new termination date, in such is amended by striking ‘‘January 1, 2010’’ and (3) TECHNICAL AMENDMENT.—The amend- manner as the Secretary of the Treasury (or inserting ‘‘January 1, 2011’’. ment made by subsection (c) shall take ef- the Secretary’s designee) may provide. (e) TREATMENT OF CERTAIN TERMINATION fect as if included in section 709 of the Tax (d) EFFECTIVE DATE.—The amendments DATES SPECIFIED IN NOMINATIONS.—In the Extenders and Alternative Minimum Tax Re- made by this section shall apply to periods case of a designation of a renewal commu- lief Act of 2008. after December 31, 2009. nity the nomination for which included a SEC. 172. LOSSES ATTRIBUTABLE TO FEDERALLY SEC. 158. TAX INCENTIVES FOR INVESTMENT IN termination date which is contemporaneous DECLARED DISASTERS. THE DISTRICT OF COLUMBIA. with the date specified in subparagraph (A) (a) IN GENERAL.—Subclause (I) of section (a) IN GENERAL.—Subsection (f) of section of section 1400E(b)(1) of the Internal Revenue 165(h)(3)(B)(i) is amended by striking ‘‘Janu- 1400 is amended by striking ‘‘December 31, Code of 1986 (as in effect before the enact- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’.

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(b) $500 LIMITATION.—Paragraph (1) of sec- Subpart C—Midwestern Disaster Areas Subtitle B—Health Provisions tion 165(h) is amended by striking ‘‘Decem- SEC. 191. SPECIAL RULES FOR USE OF RETIRE- SEC. 211. EXTENSION AND IMPROVEMENT OF ber 31, 2009’’ and inserting ‘‘December 31, MENT FUNDS. PREMIUM ASSISTANCE FOR COBRA 2010’’. (a) IN GENERAL.—Section 702(d)(10) of the BENEFITS. (c) EFFECTIVE DATE.— Heartland Disaster Tax Relief Act of 2008 (a) EXTENSION OF ELIGIBILITY PERIOD.— (1) IN GENERAL.—The amendment made by (Public Law 110–343; 122 Stat. 3918) is amend- Subsection (a)(3)(A) of section 3001 of divi- subsection (a) shall apply to federally de- ed— sion B of the American Recovery and Rein- clared disasters occurring after December 31, (1) by striking ‘‘January 1, 2010’’ both vestment Act of 2009 (Public Law 111–5) is 2009. places it appears and inserting ‘‘January 1, amended by striking ‘‘February 28, 2010’’ and (2) $500 LIMITATION.—The amendment made 2011’’, and inserting ‘‘December 31, 2010’’. by subsection (b) shall apply to taxable years (2) by striking ‘‘December 31, 2009’’ both (b) CLARIFICATIONS RELATING TO SECTION beginning after December 31, 2009. places it appears and inserting ‘‘December 3001 OF ARRA.— SEC. 173. SPECIAL DEPRECIATION ALLOWANCE 31, 2010’’. (1) CLARIFICATION REGARDING COBRA CON- FOR QUALIFIED DISASTER PROP- (b) EFFECTIVE DATE.—The amendments TINUATION RESULTING FROM REDUCTIONS IN ERTY. made by this section shall take effect as if HOURS.—Subsection (a) of section 3001 of divi- (a) IN GENERAL.—Subclause (I) of section included in section 702(d)(10) of the Heart- sion B of the American Recovery and Rein- 168(n)(2)(A)(ii) is amended by striking ‘‘Janu- land Disaster Tax Relief Act of 2008. vestment Act of 2009 (Public Law 111–5) is ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. SEC. 192. EXCLUSION OF CANCELLATION OF amended— (b) EFFECTIVE DATE.—The amendment MORTGAGE INDEBTEDNESS. (A) in paragraph (3)(C), by inserting before (a) IN GENERAL.—Section 702(e)(4)(C) of the made by this section shall apply to disasters the period at the end the following: ‘‘or con- Heartland Disaster Tax Relief Act of 2008 occurring after December 31, 2009. sists of a reduction of hours followed by such (Public Law 110–343; 122 Stat. 3918) is amend- SEC. 174. NET OPERATING LOSSES ATTRIB- an involuntary termination of employment ed by striking ‘‘January 1, 2010’’ and insert- UTABLE TO FEDERALLY DECLARED during such period’’; ing ‘‘January 1, 2011’’. DISASTERS. (B) in paragraph (16)— (a) IN GENERAL.—Subclause (I) of section (b) EFFECTIVE DATE.—The amendments made by this section shall apply to dis- (i) by striking clause (ii) of subparagraph 172(j)(1)(A)(i) is amended by striking ‘‘Janu- (A), and inserting the following: ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. charges of indebtedness after December 31, 2009. ‘‘(ii) such individual pays, by the latest of (b) EFFECTIVE DATE.—The amendment 60 days after the date of the enactment of TITLE II—UNEMPLOYMENT INSURANCE, made by this section shall apply to losses at- this paragraph, 30 days after the date of pro- HEALTH, AND OTHER PROVISIONS tributable to disasters occurring after De- vision of the notification required under sub- cember 31, 2009. Subtitle A—Unemployment Insurance paragraph (D)(ii), or the period described in SEC. 175. EXPENSING OF QUALIFIED DISASTER SEC. 201. EXTENSION OF UNEMPLOYMENT INSUR- section 4980B(f)(2)(B)(iii) of the Internal Rev- EXPENSES. ANCE PROVISIONS. enue Code of 1986, the amount of such pre- (a) IN GENERAL.—Subparagraph (A) of sec- (a) IN GENERAL.—(1) Section 4007 of the mium, after the application of paragraph tion 198A(b)(2) is amended by striking ‘‘Janu- Supplemental Appropriations Act, 2008 (Pub- (1)(A).’’; and ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. lic Law 110–252; 26 U.S.C. 3304 note) is amend- (ii) by striking subclause (I) of subpara- (b) EFFECTIVE DATE.—The amendment ed— graph (C)(i), and inserting the following: made by this section shall apply to expendi- (A) by striking ‘‘February 28, 2010’’ each ‘‘(I) such assistance eligible individual ex- tures on account of disasters occurring after place it appears and inserting ‘‘December 31, perienced an involuntary termination that December 31, 2009. 2010’’; was a qualifying event prior to the date of PART II—REGIONAL PROVISIONS (B) in the heading for subsection (b)(2), by enactment of the Department of Defense Ap- striking ‘‘FEBRUARY 28, 2010’’ and inserting Subpart A—New York Liberty Zone propriations Act, 2010; and’’; and ‘‘DECEMBER 31, 2010’’; and (C) by adding at the end the following: SEC. 181. SPECIAL DEPRECIATION ALLOWANCE (C) in subsection (b)(3), by striking ‘‘July FOR NONRESIDENTIAL AND RESI- ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS 31, 2010’’ and inserting ‘‘May 31, 2011’’. LOSING COVERAGE BECAUSE OF A REDUCTION OF DENTIAL REAL PROPERTY. (2) Section 2002(e) of the Assistance for Un- HOURS.— (a) IN GENERAL.—Subparagraph (A) of sec- employed Workers and Struggling Families ‘‘(A) NEW ELECTION PERIOD.— tion 1400L(b)(2) is amended by striking ‘‘De- Act, as contained in Public Law 111–5 (26 ‘‘(i) IN GENERAL.—For purposes of the cember 31, 2009’’ and inserting ‘‘December 31, U.S.C. 3304 note; 123 Stat. 438), is amended— COBRA continuation provisions, in the case 2010’’. (A) in paragraph (1)(B), by striking ‘‘Feb- of an individual described in subparagraph (b) EFFECTIVE DATE.—The amendment ruary 28, 2010’’ and inserting ‘‘December 31, (C) who did not make (or who made and dis- made by this section shall apply to property 2010’’; continued) an election of COBRA continu- placed in service after December 31, 2009. (B) in the heading for paragraph (2), by ation coverage on the basis of the reduction SEC. 182. TAX-EXEMPT BOND FINANCING. striking ‘‘FEBRUARY 28, 2010’’ and inserting of hours of employment, the involuntary ter- (a) IN GENERAL.—Subparagraph (D) of sec- ‘‘DECEMBER 31, 2010’’; and mination of employment of such individual tion 1400L(d)(2) is amended by striking ‘‘Jan- (C) in paragraph (3), by striking ‘‘August after the date of the enactment of the Amer- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. 31, 2010’’ and inserting ‘‘June 30, 2011’’. ican Workers, State, and Business Relief Act (b) EFFECTIVE DATE.—The amendment (3) Section 2005 of the Assistance for Unem- of 2010 shall be treated as a qualifying event. made by this section shall apply to bonds ployed Workers and Struggling Families ‘‘(ii) COUNTING COBRA DURATION PERIOD issued after December 31, 2009. Act, as contained in Public Law 111–5 (26 FROM PREVIOUS QUALIFYING EVENT.—In any Subpart B—GO Zone U.S.C. 3304 note; 123 Stat. 444), is amended— (A) by striking ‘‘February 28, 2010’’ each case of an individual referred to in clause (i), SEC. 183. SPECIAL DEPRECIATION ALLOWANCE. place it appears and inserting ‘‘January 1, the period of such individual’s continuation (a) IN GENERAL.—Paragraph (6) of section 2011’’; and coverage shall be determined as though the 1400N(d)(6) is amended by striking subpara- (B) in subsection (c), by striking ‘‘July 31, qualifying event were the reduction of hours graph (D). 2010’’ and inserting ‘‘June 1, 2011’’. of employment. (b) EFFECTIVE DATE.—The amendment (4) Section 5 of the Unemployment Com- ‘‘(iii) CONSTRUCTION.—Nothing in this para- made by this section shall apply to property pensation Extension Act of 2008 (Public Law graph shall be construed as requiring an in- placed in service after December 31, 2009. 110–449; 26 U.S.C. 3304 note) is amended by dividual referred to in clause (i) to make a SEC. 184. INCREASE IN REHABILITATION CREDIT. striking ‘‘July 31, 2010’’ and inserting ‘‘May payment for COBRA continuation coverage (a) IN GENERAL.—Subsection (h) of section 31, 2011’’. between the reduction of hours and the in- 1400N is amended by striking ‘‘December 31, (b) FUNDING.—Section 4004(e)(1) of the Sup- voluntary termination of employment. 2009’’ and inserting ‘‘December 31, 2010’’. plemental Appropriations Act, 2008 (Public ‘‘(iv) PREEXISTING CONDITIONS.—With re- (b) EFFECTIVE DATE.—The amendment Law 110–252; 26 U.S.C. 3304 note) is amended— spect to an individual referred to in clause made by this section shall apply to amounts (1) in subparagraph (B), by striking ‘‘and’’ (i) who elects COBRA continuation coverage paid or incurred after December 31, 2009. at the end; pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall apply. SEC. 185. WORK OPPORTUNITY TAX CREDIT WITH (2) in subparagraph (C), by striking ‘‘1009’’ RESPECT TO CERTAIN INDIVIDUALS and inserting ‘‘1009(a)(1)’’; and ‘‘(B) NOTICES.—In the case of an individual AFFECTED BY HURRICANE KATRINA (3) by inserting after subparagraph (C) the described in subparagraph (C), the adminis- FOR EMPLOYERS INSIDE DISASTER following new subparagraph: trator of the group health plan (or other en- AREAS. ‘‘(D) the amendments made by section tity) involved shall provide, during the 60- (a) IN GENERAL.—Paragraph (1) of section 201(a)(1) of the American Workers, State, and day period beginning on the date of such in- 201(b) of the Katrina Emergency Tax Relief Business Relief Act of 2010; and’’. dividual’s involuntary termination of em- Act of 2005 is amended by striking ‘‘4-year’’ (c) EFFECTIVE DATE.—The amendments ployment, an additional notification de- and inserting ‘‘5-year’’. made by this section shall take effect as if scribed in paragraph (7)(A), including infor- (b) EFFECTIVE DATE.—The amendment included in the enactment of the Department mation on the provisions of this paragraph. made by subsection (a) shall apply to indi- of Defense Appropriations Act, 2010 (Public Rules similar to the rules of paragraph (7) viduals hired after August 27, 2009. Law 111–118). shall apply with respect to such notification.

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‘‘(C) INDIVIDUALS DESCRIBED.—Individuals American Recovery and Reinvestment Act of SEC. 213. TREATMENT OF PHARMACIES UNDER described in this subparagraph are individ- 2009’’. DURABLE MEDICAL EQUIPMENT AC- uals who are assistance eligible individuals CREDITATION REQUIREMENTS. (c) RULES RELATING TO 2010 EXTENSION.— on the basis of a qualifying event consisting (a) IN GENERAL.—Section 1834(a)(20) of the Subsection (a) of section 3001 of division B of of a reduction of hours occurring during the Social Security Act (42 U.S.C. 1395m(a)(20)) is the American Recovery and Reinvestment period described in paragraph (3)(A) followed amended— Act of 2009 (Public Law 111–5), as amended by (1) in subparagraph (F)— by an involuntary termination of employ- (A) in clause (i)— ment insofar as such involuntary termi- subsection (b)(1)(C), is further amended by (i) by striking ‘‘clause (ii)’’ and inserting nation of employment occurred after the adding at the end the following: ‘‘clauses (ii) and (iii)’’; date of the enactment of the American ‘‘(18) RULES RELATED TO 2010 EXTENSION.— (ii) by striking ‘‘January 1, 2010’’ and in- Workers, State, and Business Relief Act of ‘‘(A) ELECTION TO PAY PREMIUMS RETRO- serting ‘‘January 1, 2011’’; and 2010.’’. ACTIVELY AND MAINTAIN COBRA COVERAGE.—In the case of any premium for a period of cov- (iii) by striking ‘‘and’’ at the end; (2) CLARIFICATION OF PERIOD OF ASSIST- erage during an assistance eligible individ- (B) in clause (ii)(II), by striking the period ANCE.—Subsection (a)(2)(A)(ii)(I) of such sec- at the end and inserting ‘‘; and’’; tion is amended by striking ‘‘of the first ual’s 2010 transition period, such individual (C) by inserting after clause (ii)(II) the fol- month’’. shall be treated for purposes of any COBRA continuation provision as having timely paid lowing new clause: (3) ENFORCEMENT.—Subsection (a)(5) of ‘‘(iii)(I) subject to subclause (II), with re- such section is amended by adding at the end the amount of such premium if— ‘‘(i) such individual’s qualifying event was spect to items and services furnished on or the following: ‘‘In addition to civil actions after January 1, 2011, the accreditation re- that may be brought to enforce applicable on or after March 1, 2010 and prior to the date of enactment of this paragraph, and quirement of clause (i) shall not apply to a provisions of such Act or other laws, the ap- pharmacy described in subparagraph (G); and propriate Secretary or an affected individual ‘‘(ii) such individual pays, by the latest of 60 days after the date of the enactment of ‘‘(II) effective with respect to items and may bring a civil action to enforce such de- services furnished on or after the date of the terminations and for appropriate relief. In this paragraph, 30 days after the date of pro- vision of the notification required under enactment of this subparagraph, the Sec- addition, such Secretary may assess a pen- retary may apply to pharmacies quality alty against a plan sponsor or health insur- paragraph (16)(D)(ii) (as applied by subpara- graph (D) of this paragraph), or the period standards and an accreditation requirement ance issuer of not more than $110 per day for established by the Secretary that are an al- each failure to comply with such determina- described in section 4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986, the amount of ternative to the quality standards and ac- tion of such Secretary after 10 days after the creditation requirement otherwise applicable date of the plan sponsor’s or issuer’s receipt such premium, after the application of para- graph (1)(A). under this paragraph if the Secretary deter- of the determination.’’. mines such alternative quality standards and ‘‘(B) REFUNDS AND CREDITS FOR RETRO- (4) AMENDMENTS RELATING TO SECTION 3001 accreditation requirement are appropriate ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In OF ARRA.— for pharmacies.’’; and (A) Subsection (g) of section 35 is amended the case of an assistance eligible individual who pays, with respect to any period of (D) by adding at the end the following by striking ‘‘section 3002(a) of the Health In- flush sentence: surance Assistance for the Unemployed Act COBRA continuation coverage during such ‘‘If determined appropriate by the Secretary, of 2009’’ and inserting ‘‘section 3001(a) of title individual’s 2010 transition period, the pre- mium amount for such coverage without re- any alternative quality standards and ac- III of division B of the American Recovery creditation requirement established under and Reinvestment Act of 2009’’. gard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply. clause (iii)(II) may differ for categories of (B) Section 139C is amended by striking pharmacies established by the Secretary ‘‘section 3002 of the Health Insurance Assist- ‘‘(C) 2101 TRANSITION PERIOD.— ‘‘(i) IN GENERAL.—For purposes of this (such as pharmacies described in subpara- ance for the Unemployed Act of 2009’’ and in- graph (G)).’’; and serting ‘‘section 3001 of title III of division B paragraph, the term ‘transition period’ means, with respect to any assistance eligi- (2) by adding at the end the following new of the American Recovery and Reinvestment subparagraph: Act of 2009’’. ble individual, any period of coverage if— ‘‘(I) such assistance eligible individual ex- ‘‘(G) PHARMACY DESCRIBED.—A pharmacy (C) Section 6432 is amended— described in this subparagraph is a pharmacy (i) in subsection (a), by striking ‘‘section perienced an involuntary termination that was a qualifying event prior to the date of that meets each of the following criteria: 3002(a) of the Health Insurance Assistance ‘‘(i) The total billings by the pharmacy for for the Unemployed Act of 2009’’ and insert- enactment of the American Workers, State, and Business Relief Act of 2010, and such items and services under this title are ing ‘‘section 3001(a) of title III of division B less than 5 percent of total pharmacy sales of the American Recovery and Reinvestment ‘‘(II) paragraph (1)(A) applies to such pe- riod by reason of the amendments made by for a previous period (of not less than 24 Act of 2009’’; months) specified by the Secretary. (ii) in subsection (c)(3), by striking ‘‘sec- section 211 of the American Workers, State, and Business Relief Act of 2010. ‘‘(ii) The pharmacy has been enrolled under tion 3002(a)(1)(A) of such Act’’ in subsection section 1866(j) as a supplier of durable med- (c)(3) and inserting ‘‘section 3001(a)(1)(A) of ‘‘(ii) CONSTRUCTION.—Any period during the period described in subclauses (I) and (II) of ical equipment, prosthetics, orthotics, and title III of division B of the American Recov- supplies, has been issued (which may include ery and Reinvestment Act of 2009’’; and clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) the renewal of) a provider number for at (iii) by redesignating subsections (e) and (f) least 2 years, and for which a final adverse as subsections (f) and (g), respectively, and shall be treated as a period of coverage re- ferred to in such paragraph, irrespective of action (as defined in section 424.57(a) of title inserting after subsection (d) the following 42, Code of Federal Regulations) has not been new subsection:. any failure to timely pay the applicable pre- mium (other than pursuant to subparagraph imposed in the past 2 years. ‘‘(e) EMPLOYER DETERMINATION OF QUALI- (A)) for such period. ‘‘(iii) The pharmacy submits to the Sec- FYING EVENT AS INVOLUNTARY TERMI- ‘‘(D) NOTIFICATION.—Notification provi- retary an attestation, in a form and manner, NATION.—For purposes of this section, in any sions similar to the provisions of paragraph and at a time, specified by the Secretary, case in which— that the pharmacy meets the criteria de- ‘‘(1) based on a reasonable interpretation of (16)(E) shall apply for purposes of this para- graph.’’. scribed in clauses (i) and (ii). section 3001(a)(3)(C) of division B of the ‘‘(iv) The pharmacy agrees to submit mate- American Recovery and Reinvestment Act of (d) EFFECTIVE DATE.—The amendments rials as requested by the Secretary, or dur- 2009 and administrative guidance thereunder, made by this section shall take effect as if ing the course of an audit conducted on a an employer determines that the qualifying included in the provisions of section 3001 of random sample of pharmacies selected annu- event with respect to COBRA continuation division B of the American Recovery and Re- ally, to verify that the pharmacy meets the coverage for an individual was involuntary investment Act of 2009 to which they relate, criteria described in clauses (i) and (ii). Ma- termination of a covered employee’s employ- except that— terials submitted under the preceding sen- ment, and (1) the amendments made by subsections tence shall include a certification by an ‘‘(2) the employer maintains supporting (b)(1) shall apply to periods of coverage be- independent accountant on behalf of the documentation of the determination, includ- ginning after the date of the enactment of pharmacy or the submission of tax returns ing an attestation by the employer of invol- this Act; and filed by the pharmacy during the relevant untary termination with respect to the cov- (2) the amendments made by paragraphs (2) periods, as requested by the Secretary.’’. ered employee, and (3) of subsection (b) shall take effect on (b) CONFORMING AMENDMENTS.—Section the qualifying event for the individual shall the date of the enactment of this Act. 1834(a)(20)(E) of the Social Security Act (42 be deemed to be involuntary termination of U.S.C. 1395m(a)(20)(E)) is amended— the covered employee’s employment.’’. SEC. 212. EXTENSION OF THERAPY CAPS EXCEP- (1) in the first sentence, by striking ‘‘The’’ TIONS PROCESS. (D) Subsection (a) of section 6720C is and inserting ‘‘Except as provided in the amended by striking ‘‘section 3002(a)(2)(C) of Section 1833(g)(5) of the Social Security third sentence, the’’; and the Health Insurance Assistance for the Un- Act (42 U.S.C. 1395l(g)(5)) is amended by (2) by adding at the end the following new employed Act of 2009’’ and inserting ‘‘section striking ‘‘December 31, 2009’’ and inserting sentences: ‘‘Notwithstanding the preceding 3001(a)(2)(C) of title III of division B of the ‘‘December 31, 2010’’. sentences, any alternative quality standards

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.103 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1068 CONGRESSIONAL RECORD — SENATE March 3, 2010 and accreditation requirement established scription Drug, Improvement, and Mod- (1) by striking ‘‘2010, and for’’ and inserting under subparagraph (F)(iii)(II) shall be estab- ernization Act of 2003 (42 U.S.C. 1395w–4 ‘‘2010, for’’; and lished through notice and comment rule- note), section 104 of division B of the Tax Re- (2) by inserting ‘‘and for making grants to making. The Secretary may implement by lief and Health Care Act of 2006 (42 U.S.C. all States under subsection (g), such sums as program instruction or otherwise subpara- 1395w–4 note), section 104 of the Medicare, may be necessary in fiscal year 2011, to re- graph (G) after consultation with representa- Medicaid, and SCHIP Extension Act of 2007 main available until expended’’ before the tives of relevant parties. The specifications (Public Law 110–173), and section 136 of the period at the end. developed by the Secretary in order to im- Medicare Improvements for Patients and SEC. 223. EXTENSION OF SECTION 508 HOSPITAL plement subparagraph (G) shall be posted on Providers Act of 2008 (Public Law 110–275), is RECLASSIFICATIONS. the Internet website of the Centers for Medi- amended by striking ‘‘and 2009’’ and insert- (a) IN GENERAL.—Subsection (a) of section care & Medicaid Services.’’. ing ‘‘2009, and 2010’’. 106 of division B of the Tax Relief and Health (c) ADMINISTRATION.—Chapter 35 of title 44, SEC. 218. EXTENSION OF OUTPATIENT HOLD Care Act of 2006 (42 U.S.C. 1395 note), as United States Code, shall not apply to this HARMLESS PROVISION. amended by section 117 of the Medicare, section. (a) IN GENERAL.—Section 1833(t)(7)(D)(i) of Medicaid, and SCHIP Extension Act of 2007 (d) RULE OF CONSTRUCTION.—Nothing in the the Social Security Act (42 U.S.C. (Public Law 110–173) and section 124 of the provisions of, or amendments made by, this 1395l(t)(7)(D)(i)) is amended— Medicare Improvements for Patients and section shall be construed as affecting the (1) in subclause (II)— Providers Act of 2008 (Public Law 110–275), is application of an accreditation requirement (A) in the first sentence, by striking amended by striking ‘‘September 30, 2009’’ for pharmacies to qualify for bidding in a ‘‘2010’’and inserting ‘‘2011’’; and and inserting ‘‘September 30, 2010’’. competitive acquisition area under section (B) in the second sentence, by striking ‘‘or (b) SPECIAL RULE FOR FISCAL YEAR 2010.— 1847 of the Social Security Act (42 U.S.C. 2009’’ and inserting ‘‘, 2009, or 2010’’; and For purposes of implementation of the 1395w–3). (2) in subclause (III), by striking ‘‘January amendment made by subsection (a), includ- 1, 2010’’ and inserting ‘‘January 1, 2011’’. (e) WAIVER OF 1-YEAR REENROLLMENT ing (notwithstanding paragraph (3) of section (b) PERMITTING ALL SOLE COMMUNITY HOS- BAR.—In the case of a pharmacy described in 117(a) of the Medicare, Medicaid, and SCHIP PITALS TO BE ELIGIBLE FOR HOLD HARM- subparagraph (G) of section 1834(a)(20) of the Extension Act of 2007 (Public Law 110–173), as LESS.—Section 1833(t)(7)(D)(i)(III) of the So- Social Security Act, as added by subsection amended by section 124(b) of the Medicare cial Security Act (42 U.S.C. Improvements for Patients and Providers (a), whose billing privileges were revoked 1395l(t)(7)(D)(i)(III)) is amended by adding at prior to January 1, 2011, by reason of non- Act of 2008 (Public Law 110–275)) for purposes the end the following new sentence: ‘‘In the of the implementation of paragraph (2) of compliance with subparagraph (F)(i) of such case of covered OPD services furnished on or section, the Secretary of Health and Human such section 117(a), during fiscal year 2010, after January 1, 2010, and before January 1, the Secretary of Health and Human Services Services shall waive any reenrollment bar 2011, the preceding sentence shall be applied imposed pursuant to section 424.535(d) of (in this subsection referred to as the ‘‘Sec- without regard to the 100-bed limitation.’’. retary’’) shall use the hospital wage index title 42, Code of Federal Regulations (as in SEC. 219. EHR CLARIFICATION. effect on the date of the enactment of this that was promulgated by the Secretary in (a) QUALIFICATION FOR CLINIC-BASED PHYSI- the Federal Register on August 27, 2009 (74 Act) for such pharmacy to reapply for such CIANS.— privileges. Fed. Reg. 43754), and any subsequent correc- (1) MEDICARE.—Section 1848(o)(1)(C)(ii) of tions. SEC. 214. ENHANCED PAYMENT FOR MENTAL the Social Security Act (42 U.S.C. 1395w– SEC. 224. TECHNICAL CORRECTION RELATED TO HEALTH SERVICES. 4(o)(1)(C)(ii)) is amended by striking ‘‘setting CRITICAL ACCESS HOSPITAL SERV- Section 138(a)(1) of the Medicare Improve- (whether inpatient or outpatient)’’ and in- ICES. ments for Patients and Providers Act of 2008 serting ‘‘inpatient or emergency room set- (a) IN GENERAL.—Subsections (g)(2)(A) and (Public Law 110–275) is amended by striking ting’’. (l)(8) of section 1834 of the Social Security ‘‘December 31, 2009’’ and inserting ‘‘Decem- (2) MEDICAID.—Section 1903(t)(3)(D) of the Act (42 U.S.C. 1395m) are each amended by ber 31, 2010’’. Social Security Act (42 U.S.C. 1396b(t)(3)(D)) inserting ‘‘101 percent of’’ before ‘‘the rea- SEC. 215. EXTENSION OF AMBULANCE ADD-ONS. is amended by striking ‘‘setting (whether in- sonable costs’’. (a) IN GENERAL.—Section 1834(l)(13) of the patient or outpatient)’’ and inserting ‘‘inpa- (b) EFFECTIVE DATE.—The amendments Social Security Act (42 U.S.C. 1395m(l)(13)) is tient or emergency room setting’’. made by subsection (a) shall take effect as if amended— (b) EFFECTIVE DATE.—The amendments included in the enactment of section 405(a) of (1) in subparagraph (A)— made by subsection (a) shall be effective as if the Medicare Prescription Drug, Improve- (A) in the matter preceding clause (i), by included in the enactment of the HITECH ment, and Modernization Act of 2003 (Public striking ‘‘before January 1, 2010’’ and insert- Act (included in the American Recovery and Law 108–173; 117 Stat. 2266). ing ‘‘before January 1, 2011’’; and Reinvestment Act of 2009 (Public Law 111–5)). SEC. 225. EXTENSION FOR SPECIALIZED MA (B) in each of clauses (i) and (ii), by strik- (c) IMPLEMENTATION.—Notwithstanding PLANS FOR SPECIAL NEEDS INDI- ing ‘‘before January 1, 2010’’ and inserting any other provision of law, the Secretary VIDUALS. ‘‘before January 1, 2011’’. may implement the amendments made by (a) IN GENERAL.—Section 1859(f)(1) of the this section by program instruction or other- (b) AIR AMBULANCE IMPROVEMENTS.—Sec- Social Security Act (42 U.S.C. 1395w–28(f)(1)) tion 146(b)(1) of the Medicare Improvements wise. is amended by striking ‘‘2011’’ and inserting for Patients and Providers Act of 2008 (Pub- SEC. 220. EXTENSION OF REIMBURSEMENT FOR ‘‘2012’’. ALL MEDICARE PART B SERVICES (b) TEMPORARY EXTENSION OF AUTHORITY lic Law 110–275) is amended by striking ‘‘end- FURNISHED BY CERTAIN INDIAN TO OPERATE BUT NO SERVICE AREA EXPAN- ing on December 31, 2009’’ and inserting HOSPITALS AND CLINICS. SION FOR DUAL SPECIAL NEEDS PLANS THAT ‘‘ending on December 31, 2010’’. Section 1880(e)(1)(A) of the Social Security DO NOT MEET CERTAIN REQUIREMENTS.—Sec- (c) SUPER RURAL AMBULANCE.—Section Act (42 U.S.C. 1395qq(e)(1)(A)) is amended by tion 164(c)(2) of the Medicare Improvements 1834(l)(12)(A) of the Social Security Act (42 striking ‘‘5-year period’’ and inserting ‘‘6- for Patients and Providers Act of 2008 (Pub- U.S.C. 1395m(l)(12)(A)) is amended— year period’’. lic Law 110–275) is amended by striking ‘‘De- (1) in the first sentence, by striking ‘‘2010’’ SEC. 221. EXTENSION OF CERTAIN PAYMENT cember 31, 2010’’ and inserting ‘‘December 31, and inserting ‘‘2011’’; and RULES FOR LONG-TERM CARE HOS- 2011’’. (2) by adding at the end the following new PITAL SERVICES AND OF MORATO- sentence: ‘‘For purposes of applying this sub- RIUM ON THE ESTABLISHMENT OF SEC. 226. EXTENSION OF REASONABLE COST CERTAIN HOSPITALS AND FACILI- CONTRACTS. paragraph for ground ambulance services Section 1876(h)(5)(C)(ii) of the Social Secu- furnished on or after January 1, 2010, and be- TIES. (a) EXTENSION OF CERTAIN PAYMENT rity Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is fore January 1, 2011, the Secretary shall use amended, in the matter preceding subclause the percent increase that was applicable RULES.—Section 114(c) of the Medicare, Med- icaid, and SCHIP Extension Act of 2007 (42 (I), by striking ‘‘January 1, 2010’’ and insert- under this subparagraph to ground ambu- U.S.C. 1395ww note), as amended by section ing ‘‘January 1, 2011’’. lance services furnished during 2009.’’. 4302(a) of the American Recovery and Rein- SEC. 227. EXTENSION OF PARTICULAR WAIVER SEC. 216. EXTENSION OF GEOGRAPHIC FLOOR vestment Act (Public Law 111–5), is amended POLICY FOR EMPLOYER GROUP FOR WORK. by striking ‘‘3-year period’’ each place it ap- PLANS. Section 1848(e)(1)(E) of the Social Security pears and inserting ‘‘4-year period’’. For plan year 2011 and subsequent plan Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by (b) EXTENSION OF MORATORIUM.—Section years, to the extent that the Secretary of striking ‘‘before January 1, 2010’’ and insert- 114(d)(1) of such Act (42 U.S.C. 1395ww note), Health and Human Services is applying the ing ‘‘before January 1, 2011’’. as amended by section 4302(b) of the Amer- 2008 service area extension waiver policy (as SEC. 217. EXTENSION OF PAYMENT FOR TECH- ican Recovery and Reinvestment Act (Public modified in the April 11, 2008, Centers for NICAL COMPONENT OF CERTAIN Law 111–5), in the matter preceding subpara- Medicare & Medicaid Services’ memorandum PHYSICIAN PATHOLOGY SERVICES. graph (A), is amended by striking ‘‘3-year pe- with the subject ‘‘2009 Employer Group Waiv- Section 542(c) of the Medicare, Medicaid, riod’’ and inserting ‘‘4-year period’’. er-Modification of the 2008 Service Area Ex- and SCHIP Benefits Improvement and Pro- SEC. 222. EXTENSION OF THE MEDICARE RURAL tension Waiver Granted to Certain MA Local tection Act of 2000 (as enacted into law by HOSPITAL FLEXIBILITY PROGRAM. Coordinated Care Plans’’) to Medicare Ad- section 1(a)(6) of Public Law 106–554), as Section 1820(j) of the Social Security Act vantage coordinated care plans, the Sec- amended by section 732 of the Medicare Pre- (42 U.S.C. 1395i–4(j)) is amended— retary shall extend the application of such

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.104 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1069 waiver policy to employers who contract di- sentence shall remain available until ex- (2) by inserting ‘‘for 2011’’ after ‘‘until up- rectly with the Secretary as a Medicare Ad- pended. dated poverty guidelines’’. vantage private fee-for-service plan under SEC. 232. EXTENSION OF ARRA INCREASE IN SEC. 242. REFUNDS DISREGARDED IN THE AD- section 1857(i)(2) of the Social Security Act FMAP. MINISTRATION OF FEDERAL PRO- (42 U.S.C. 1395w–27(i)(2)) and that had enroll- Section 5001 of the American Recovery and GRAMS AND FEDERALLY ASSISTED ment as of January 1, 2010. Reinvestment Act of 2009 (Public Law 111-5) PROGRAMS. SEC. 228. EXTENSION OF CONTINUING CARE RE- is amended— (a) IN GENERAL.—Subchapter A of chapter TIREMENT COMMUNITY PROGRAM. (1) in subsection (a)(3), by striking ‘‘first 65 is amended by adding at the end the fol- Notwithstanding any other provision of calendar quarter’’ and inserting ‘‘first 3 cal- lowing new section: law, the Secretary of Health and Human endar quarters’’; ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- Services shall continue to conduct the (2) in subsection (c)— MINISTRATION OF FEDERAL PRO- Erickson Advantage Continuing Care Retire- (A) in paragraph (2)(B), by striking ‘‘July GRAMS AND FEDERALLY ASSISTED PROGRAMS. ment Community (CCRC) program under 1, 2010’’ and inserting ‘‘January 1, 2011’’; ‘‘(a) IN GENERAL.—Notwithstanding any part C of title XVIII of the Social Security (B) in paragraph (3)(B)(i), by striking ‘‘July other provision of law, any refund (or ad- Act through December 31, 2011. 1, 2010’’ each place it appears and inserting ‘‘January 1, 2011’’; and vance payment with respect to a refundable SEC. 229. FUNDING OUTREACH AND ASSISTANCE credit) made to any individual under this FOR LOW-INCOME PROGRAMS. (C) in paragraph (4)(C)(ii), by striking ‘‘the title shall not be taken into account as in- (a) ADDITIONAL FUNDING FOR STATE HEALTH 3-consecutive-month period beginning with come, and shall not be taken into account as INSURANCE PROGRAMS.—Subsection (a)(1)(B) January 2010’’ and inserting ‘‘any 3-consecu- resources for a period of 12 months from re- of section 119 of the Medicare Improvements tive-month period that begins after Decem- ceipt, for purposes of determining the eligi- for Patients and Providers Act of 2008 (42 ber 2009 and ends before January 2011’’; bility of such individual (or any other indi- U.S.C. 1395b–3 note) is amended by striking (3) in subsection (g)— vidual) for benefits or assistance (or the ‘‘(42 U.S.C. 1395w–23(f))’’ and all that follows (A) in paragraph (1), by striking ‘‘Sep- amount or extent of benefits or assistance) through the period at the end and inserting tember 30, 2011’’ and inserting ‘‘March 31, under any Federal program or under any ‘‘(42 U.S.C. 1395w–23(f)), to the Centers for 2012’’; State or local program financed in whole or Medicare & Medicaid Services Program Man- (B) in paragraph (2)— in part with Federal funds. agement Account— (i) by inserting ‘‘of such Act’’ after ‘‘1923’’; ‘‘(b) TERMINATION.—Subsection (a) shall ‘‘(i) for fiscal year 2009, of $7,500,000; and and not apply to any amount received after De- ‘‘(ii) for fiscal year 2010, of $6,000,000. (ii) by adding at the end the following new cember 31, 2010.’’. sentence: ‘‘Voluntary contributions by a po- Amounts appropriated under this subpara- (b) CLERICAL AMENDMENT.—The table of litical subdivision to the non-Federal share graph shall remain available until ex- sections for such subchapter is amended by of expenditures under the State Medicaid pended.’’. adding at the end the following new item: (b) ADDITIONAL FUNDING FOR AREA AGEN- plan or to the non-Federal share of payments ‘‘Sec. 6409. Refunds disregarded in the ad- CIES ON AGING.—Subsection (b)(1)(B) of such under section 1923 of the Social Security Act ministration of Federal programs and section 119 is amended by striking ‘‘(42 shall not be considered to be required con- federally assisted programs.’’. U.S.C. 1395w–23(f))’’ and all that follows tributions for purposes of this section.’’; and through the period at the end and inserting (C) by adding at the end the following: (c) EFFECTIVE DATE.—The amendments ‘‘(42 U.S.C. 1395w–23(f)), to the Administra- ‘‘(3) CERTIFICATION BY CHIEF EXECUTIVE OF- made by this section shall apply to amounts tion on Aging— FICER.—No additional Federal funds shall be received after December 31, 2009. ‘‘(i) for fiscal year 2009, of $7,500,000; and paid to a State as a result of this section SEC. 243. STATE COURT IMPROVEMENT PRO- ‘‘(ii) for fiscal year 2010, of $6,000,000. with respect to a calendar quarter occurring GRAM. during the period beginning on January 1, Section 438 of the Social Security Act (42 Amounts appropriated under this subpara- 2011, and ending on June 30, 2011, unless, not U.S.C. 629h) is amended— graph shall remain available until ex- later than 45 days after the date of enact- (1) in subsection (c)(2)(A), by striking pended.’’. ment of this paragraph, the chief executive ‘‘2010’’ and inserting ‘‘2011’’; and (c) ADDITIONAL FUNDING FOR AGING AND officer of the State certifies that the State (2) in subsection (e), by striking ‘‘2010’’ and DISABILITY RESOURCE CENTERS.—Subsection will request and use such additional Federal inserting ‘‘2011’’. (c)(1)(B) of such section 119 is amended by funds.’’; and striking ‘‘(42 U.S.C. 1395w–23(f))’’ and all that SEC. 244. EXTENSION OF NATIONAL FLOOD IN- (4) in subsection (h)(3), by striking ‘‘De- SURANCE PROGRAM. follows through the period at the end and in- cember 31, 2010’’ and inserting ‘‘June 30, Section 129 of the Continuing Appropria- serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- 2011’’. tions Resolution, 2010 (Public Law 111-68), as ministration on Aging— amended by section 1005 of Public Law 111- ‘‘(i) for fiscal year 2009, of $5,000,000; and SEC. 233. EXTENSION OF GAINSHARING DEM- ONSTRATION. 118, is further amended by striking ‘‘by sub- ‘‘(ii) for fiscal year 2010, of $6,000,000. (a) IN GENERAL.—Subsection (d)(3) of sec- stituting’’ and all that follows through the Amounts appropriated under this subpara- tion 5007 of the Deficit Reduction Act of 2005 period at the end, and inserting ‘‘by sub- graph shall remain available until ex- (Public Law 109–171) is amended by inserting stituting December 31, 2010, for the date pended.’’. ‘‘(or 21 months after the date of the enact- specified in each such section.’’. (d) ADDITIONAL FUNDING FOR CONTRACT ment of the American Workers, State, and SEC. 245. EMERGENCY DISASTER ASSISTANCE. WITH THE NATIONAL CENTER FOR BENEFITS Business Relief Act of 2010, in the case of a (a) DEFINITIONS.—Except as otherwise pro- AND OUTREACH ENROLLMENT.—Subsection demonstration project in operation as of Oc- vided in this section, in this section: (d)(2) of such section 119 is amended by strik- tober 1, 2008)’’ after ‘‘December 31, 2009’’. (1) DISASTER COUNTY.— ing ‘‘(42 U.S.C. 1395w–23(f))’’ and all that fol- (b) FUNDING.— (A) IN GENERAL.—The term ‘‘disaster coun- lows through the period at the end and in- (1) IN GENERAL.—Subsection (f)(1) of such ty’’ means a county included in the geo- serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- section is amended by inserting ‘‘and for fis- graphic area covered by a qualifying natural ministration on Aging— cal year 2010, $1,600,000,’’ after ‘‘$6,000,000,’’. disaster declaration for the 2009 crop year. ‘‘(i) for fiscal year 2009, of $5,000,000; and (2) AVAILABILITY.—Subsection (f)(2) of such (B) EXCLUSION.—The term ‘‘disaster coun- ‘‘(ii) for fiscal year 2010, of $2,000,000. section is amended by striking ‘‘2010’’ and in- ty’’ does not include a contiguous county. Amounts appropriated under this subpara- serting ‘‘2014 or until expended’’. (2) ELIGIBLE AQUACULTURE PRODUCER.—The graph shall remain available until ex- (c) REPORTS.— term ‘‘eligible aquaculture producer’’ means pended.’’. (1) QUALITY IMPROVEMENT AND SAVINGS.— an aquaculture producer that during the 2009 SEC. 230. FAMILY-TO-FAMILY HEALTH INFORMA- Subsection (e)(3) of such section is amended calendar year, as determined by the Sec- TION CENTERS. by striking ‘‘December 1, 2008’’ and inserting retary— Section 501(c)(1)(A)(iii) of the Social Secu- ‘‘18 months after the date of the enactment (A) produced an aquaculture species for rity Act (42 U.S.C. 701(c)(1)(A)(iii)) is amend- of the American Workers, State, and Busi- which feed costs represented a substantial ed by striking ‘‘fiscal year 2009’’ and insert- ness Relief Act of 2010’’. percentage of the input costs of the aqua- ing ‘‘each of fiscal years 2009 through 2011’’. (2) FINAL REPORT.—Subsection (e)(4) of culture operation; and SEC. 231. IMPLEMENTATION FUNDING. such section is amended by striking ‘‘May 1, (B) experienced a substantial price in- For purposes of carrying out the provisions 2010’’ and inserting ‘‘42 months after the date crease of feed costs above the previous 5-year of, and amendments made by, this title that of the enactment of the American Workers, average. relate to titles XVIII and XIX of the Social State, and Business Relief Act of 2010’’. (3) ELIGIBLE PRODUCER.—The term ‘‘eligible Security Act, there are appropriated to the Subtitle C—Other Provisions producer’’ means an agricultural producer in Secretary of Health and Human Services for SEC. 241. EXTENSION OF USE OF 2009 POVERTY a disaster county. the Centers for Medicare & Medicaid Serv- GUIDELINES. (4) ELIGIBLE SPECIALTY CROP PRODUCER.— ices Program Management Account, from Section 1012 of the Department of Defense The term ‘‘eligible specialty crop producer’’ amounts in the general fund of the Treasury Appropriations Act, 2010 (Public Law 111–118) means an agricultural producer that, for the not otherwise appropriated, $100,000,000. is amended— 2009 crop year, as determined by the Sec- Amounts appropriated under the preceding (1) by striking ‘‘before March 1, 2010’’; and retary—

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(A) produced, or was prevented from plant- losses due to excessive rainfall and related (5) COUNTY-ELIGIBLE PRODUCTION.—The ing, a specialty crop; and conditions affecting the 2009 crops. county-eligible production shall be equal to (B) experienced crop losses in a disaster (2) NOTIFICATION.—Not later than 60 days the product obtained by multiplying— county due to excessive rainfall or related after the date of enactment of this Act, the (A) the number of acres planted to cotton condition. Secretary shall notify the State department in the disaster county, as reported to the (5) QUALIFYING NATURAL DISASTER DECLARA- of agriculture (or similar entity) in each Secretary by first-handlers; TION.—The term ‘‘qualifying natural disaster State of the availability of funds to assist el- (B) the expected cotton lint yield for the declaration’’ means a natural disaster de- igible specialty crop producers, including disaster county, as determined by the Sec- clared by the Secretary for production losses such terms as are determined by the Sec- retary based on the best available informa- under section 321(a) of the Consolidated retary to be necessary for the equitable tion; and Farm and Rural Development Act (7 U.S.C. treatment of eligible specialty crop pro- (C) the national average seed-to-lint ratio, 1961(a)). ducers. as determined by the Secretary based on the (6) SECRETARY.—The term ‘‘Secretary’’ (3) PROVISION OF GRANTS.— best available information for the 5 crop means the Secretary of Agriculture. (A) IN GENERAL.—The Secretary shall make years immediately preceding the 2009 crop, (7) SPECIALTY CROP.—The term ‘‘specialty grants to States for disaster counties with excluding the year in which the average crop’’ has the meaning given the term in sec- excessive rainfall and related conditions on a ratio was the highest and the year in which tion 3 of the Specialty Crops Competitive- pro rata basis based on the value of specialty the average ratio was the lowest in such pe- ness Act of 2004 (Public Law 108–465; 7 U.S.C. crop losses in those counties during the 2008 riod. (e) AQUACULTURE ASSISTANCE.— 1621 note). calendar year, as determined by the Sec- (1) GRANT PROGRAM.— (b) SUPPLEMENTAL DIRECT PAYMENT.— retary. (A) IN GENERAL.—Of the funds of the Com- (1) IN GENERAL.—Of the funds of the Com- (B) TIMING.—Not later than 120 days after modity Credit Corporation, the Secretary modity Credit Corporation, the Secretary the date of enactment of this Act, the Sec- shall use not more than $25,000,000, to remain shall use such sums as are necessary to make retary shall make grants to States to pro- available until September 30, 2011, to carry supplemental payments under sections 1103 vide assistance under this subsection. out a program of grants to States to assist and 1303 of the Food, Conservation, and En- (C) MAXIMUM GRANT.—The maximum eligible aquaculture producers for losses as- ergy Act of 2008 (7 U.S.C. 8713, 8753) to eligi- amount of a grant made to a State under sociated with high feed input costs during ble producers on farms located in disaster this subsection may not exceed $40,000,000. the 2009 calendar year. counties that had at least 1 crop of economic (4) REQUIREMENTS.—The Secretary shall (B) NOTIFICATION.—Not later than 60 days significance (other than crops intended for make grants under this subsection only to after the date of enactment of this Act, the grazing) suffer at least a 5-percent crop loss States that demonstrate to the satisfaction Secretary shall notify the State department due to a natural disaster, including quality of the Secretary that the State will— of agriculture (or similar entity) in each losses, as determined by the Secretary, in an (A) use grant funds to assist eligible spe- State of the availability of funds to assist el- amount equal to 90 percent of the direct pay- cialty crop producers; igible aquaculture producers, including such ment the eligible producers received for the (B) provide assistance to eligible specialty terms as are determined by the Secretary to 2009 crop year on the farm. crop producers not later than 90 days after be necessary for the equitable treatment of (2) ACRE PROGRAM.—Eligible producers the date on which the State receives grant eligible aquaculture producers. that received payments under section 1105 of funds; and (C) PROVISION OF GRANTS.— the Food, Conservation, and Energy Act of (C) not later than 30 days after the date on (i) IN GENERAL.—The Secretary shall make 2008 (7 U.S.C. 8715) for the 2009 crop year and which the State provides assistance to eligi- grants to States under this subsection on a that otherwise meet the requirements of ble specialty crop producers, submit to the pro rata basis based on the amount of aqua- paragraph (1) shall be eligible to receive sup- Secretary a report that describes— culture feed used in each State during the plemental payments under that paragraph in (i) the manner in which the State provided 2008 calendar year, as determined by the Sec- an amount equal to 90 percent of the reduced assistance; retary. direct payment the eligible producers re- (ii) the amounts of assistance provided by (ii) TIMING.—Not later than 120 days after ceived for the 2009 crop year under section type of specialty crop; and the date of enactment of this Act, the Sec- 1103 or 1303 of the Food, Conservation, and (iii) the process by which the State deter- retary shall make grants to States to pro- Energy Act of 2008 (7 U.S.C. 8713, 8753). mined the levels of assistance to eligible spe- vide assistance under this subsection. (3) INSURANCE REQUIREMENT.—As a condi- cialty crop producers. (D) REQUIREMENTS.—The Secretary shall tion of receiving assistance under this sub- (5) RELATION TO OTHER LAW.—Assistance re- make grants under this subsection only to section, eligible producers on a farm that— ceived under this subsection shall be in- States that demonstrate to the satisfaction (A) in the case of an insurable commodity, cluded in the calculation of farm revenue for of the Secretary that the State will— did not obtain a policy or plan of insurance the 2009 crop year under section 531(b)(4)(A) (i) use grant funds to assist eligible aqua- for the insurable commodity under the Fed- of the Federal Crop Insurance Act (7 U.S.C. culture producers; eral Crop Insurance Act (7 U.S.C. 1501 et seq.) 1531(b)(4)(A)) and section 901(b)(4)(A) of the (ii) provide assistance to eligible aqua- (other than for a crop insurance pilot pro- Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). culture producers not later than 60 days gram under that Act) for each crop of eco- after the date on which the State receives nomic significance (other than crops in- (d) COTTONSEED ASSISTANCE.— grant funds; and tended for grazing), shall obtain such a pol- (1) IN GENERAL.—Of the funds of the Com- (iii) not later than 30 days after the date icy or plan for those crops for the next avail- modity Credit Corporation, the Secretary on which the State provides assistance to el- able crop year, as determined by the Sec- shall use not more than $42,000,000 to provide igible aquaculture producers, submit to the retary; or supplemental assistance to eligible pro- Secretary a report that describes— (B) in the case of a noninsurable com- ducers and first-handlers of the 2009 crop of (I) the manner in which the State provided modity, did not file the required paperwork, cottonseed in a disaster county. assistance; and pay the administrative fee by the appli- (2) GENERAL TERMS.—Except as otherwise (II) the amounts of assistance provided per cable State filing deadline, for the noninsur- provided in this subsection, the Secretary species of aquaculture; and able commodity under section 196 of the Fed- shall provide disaster assistance under this (III) the process by which the State deter- eral Agriculture Improvement and Reform subsection under the same terms and condi- mined the levels of assistance to eligible Act of 1996 (7 U.S.C. 7333) for each crop of tions as assistance provided under section aquaculture producers. economic significance (other than crops in- 3015 of the Emergency Agricultural Disaster (2) REDUCTION IN PAYMENTS.—An eligible tended for grazing), shall obtain such cov- Assistance Act of 2006 (title III of Public Law aquaculture producer that receives assist- erage for those crops for the next available 109-234; 120 Stat. 477). ance under this subsection shall not be eligi- crop year, as determined by the Secretary. (3) DISTRIBUTION OF ASSISTANCE.—The Sec- ble to receive any other assistance under the (4) RELATIONSHIP TO OTHER LAW.—Assist- retary shall distribute assistance to first supplemental agricultural disaster assist- ance received under this subsection shall be handlers for the benefit of eligible producers ance program established under section 531 included in the calculation of farm revenue in a disaster county in an amount equal to of the Federal Crop Insurance Act (7 U.S.C. for the 2009 crop year under section the product obtained by multiplying— 1531) and section 901 of the Trade Act of 1974 531(b)(4)(A) of the Federal Crop Insurance (A) the payment rate, as determined under (19 U.S.C. 2497) for any losses in 2009 relating Act (7 U.S.C. 1531(b)(4)(A)) and section paragraph (4); and to the same species of aquaculture. 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. (B) the county-eligible production, as de- (3) REPORT TO CONGRESS.—Not later than 2497(b)(4)(A)). termined under paragraph (5). 240 days after the date of enactment of this (c) SPECIALTY CROP ASSISTANCE.— (4) PAYMENT RATE.—The payment rate Act, the Secretary shall submit to the appro- (1) IN GENERAL.—Of the funds of the Com- shall be equal to the quotient obtained by di- priate committees of Congress a report modity Credit Corporation, the Secretary viding— that— shall use not more than $150,000,000, to re- (A) the sum of the county-eligible produc- (A) describes in detail the manner in which main available until September 30, 2011, to tion, as determined under paragraph (5); by this subsection has been carried out; and carry out a program of grants to States to (B) the total funds made available to carry (B) includes the information reported to assist eligible specialty crop producers for out this subsection. the Secretary under paragraph (1)(D)(iii).

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(f) HAWAII TRANSPORTATION COOPERATIVE.— shall be for the purpose of providing financ- section, for loans guaranteed under section Notwithstanding any other provision of law, ing to the poultry producer in response to fi- 7(a) of the Small Business Act (15 U.S.C. the Secretary shall use $21,000,000 of funds of nancial losses associated with the termi- 636(a)), title V of the Small Business Invest- the Commodity Credit Corporation to make nation or nonrenewal of any contract be- ment Act of 1958 (15 U.S.C. 695 et seq.), or a payment to an agricultural transportation tween the poultry producer and a poultry in- section 502 of division A of the American Re- cooperative in the State of Hawaii, the mem- tegrator. covery and Reinvestment Act of 2009 (Public bers of which are eligible to participate in (B) ELIGIBILITY.— Law 111–5; 123 Stat. 152), as amended by this the commodity loan program of the Farm (i) IN GENERAL.—To be eligible for an emer- section; and Service Agency, for assistance to maintain gency loan under this subsection, not later (2) loan guarantees under section 502 of di- and develop employment. than 90 days after the announcement date, a vision A of the American Recovery and Rein- (g) LIVESTOCK FORAGE DISASTER PRO- poultry producer shall submit to the Sec- vestment Act of 2009 (Public Law 111–5; 123 GRAM.— retary evidence that— Stat. 152), as amended by this section, (1) DEFINITION OF DISASTER COUNTY.—In (I) the contract of the poultry producer de- Provided, That such costs, including the cost this subsection: scribed in subparagraph (A) was not contin- of modifying such loans, shall be as defined (A) IN GENERAL.—The term ‘‘disaster coun- ued; and in section 502 of the Congressional Budget ty’’ means a county included in the geo- (II) no similar contract has been awarded graphic area covered by a qualifying natural Act of 1974. subsequently to the poultry producer. (b) EXTENSION OF PROGRAMS.— disaster declaration announced by the Sec- (ii) REQUIREMENT TO OFFER LOANS.—Not- (1) FEES.—Section 501 of division A of the retary in calendar year 2009. withstanding any other provision of law, if a American Recovery and Reinvestment Act of (B) INCLUSION.—The term ‘‘disaster coun- poultry producer meets the eligibility re- 2009 (Public Law 111–5; 123 Stat. 151) is ty’’ includes a contiguous county. quirements described in clause (i), subject to amended by striking ‘‘September 30, 2010’’ (2) PAYMENTS.—Of the funds of the Com- the availability of funds under paragraph modity Credit Corporation, the Secretary each place it appears and inserting ‘‘Decem- (2)(A), the Secretary shall offer to make a ber 31, 2010’’. shall use not more than $50,000,000 to carry loan under this subsection to the poultry out a program to make payments to eligible (2) LOAN GUARANTEES.—Section 502(f) of di- producer with a minimum term of 2 years. vision A of the American Recovery and Rein- producers that had grazing losses in disaster (4) ADDITIONAL REQUIREMENTS.— counties in calendar year 2009. vestment Act of 2009 (Public Law 111–5; 123 (A) IN GENERAL.—A poultry producer that Stat. 153) is amended by striking ‘‘February (3) CRITERIA.— receives an emergency loan under this sub- 28, 2010’’ and inserting ‘‘December 31, 2010’’. (A) IN GENERAL.—Except as provided in section may use the emergency loan pro- subparagraph (B), assistance under this sub- ceeds only to repay the amount that the TITLE III—PENSION FUNDING RELIEF section shall be determined under the same poultry producer owes to any lender. Subtitle A—Single Employer Plans criteria as are used to carry out the pro- (B) CONVERSION OF THE LOAN.—A poultry SEC. 301. EXTENDED PERIOD FOR SINGLE-EM- grams under section 531(d) of the Federal producer that receives an emergency loan PLOYER DEFINED BENEFIT PLANS Crop Insurance Act (7 U.S.C. 1531(d)) and sec- under this subsection shall be eligible to TO AMORTIZE CERTAIN SHORTFALL tion 901(d) of the Trade Act of 1974 (19 U.S.C. have the balance of the emergency loan con- AMORTIZATION BASES. 2497(d)). verted, but not refinanced, to a loan that has (a) AMENDMENTS TO ERISA.— (B) DROUGHT INTENSITY.—For purposes of the same terms and conditions as an oper- (1) IN GENERAL.—Paragraph (2) of section this subsection, an eligible producer shall ating loan under subtitle B of the Consoli- 303(c) of the Employee Retirement Income not be required to meet the drought inten- dated Farm and Rural Development Act (7 Security Act of 1974 (29 U.S.C. 1083(c)) is sity requirements of section 531(d)(3)(D)(ii) of U.S.C. 1941 et seq.). amended by adding at the end the following the Federal Crop Insurance Act (7 U.S.C. (i) ADMINISTRATION.— subparagraph: 1531(d)(3)(D)(ii)) and section 901(d)(3)(D)(ii) of (1) REGULATIONS.— ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN the Trade Act of 1974 (19 U.S.C. (A) IN GENERAL.—As soon as practicable YEARS.— 2497(d)(3)(D)(ii)). after the date of enactment of this Act, the ‘‘(i) IN GENERAL.—If a plan sponsor elects (4) AMOUNT.—Assistance under this sub- Secretary shall promulgate such regulations to apply this subparagraph with respect to section shall be in an amount equal to 1 as are necessary to implement this section. the shortfall amortization base of a plan for monthly payment using the monthly pay- (B) PROCEDURE.—The promulgation of the any eligible plan year (in this subparagraph ment rate under section 531(d)(3)(B) of the regulations and administration of this sec- and paragraph (7) referred to as an ‘election Federal Crop Insurance Act (7 U.S.C. tion shall be made without regard to— year’), then, notwithstanding subparagraphs 1531(d)(3)(B)) and section 901(d)(3)(B) of the (i) the notice and comment provisions of (A) and (B)— Trade Act of 1974 (19 U.S.C. 2497(d)(3)(B)). section 553 of title 5, United States Code; ‘‘(I) the shortfall amortization install- (5) RELATION TO OTHER LAW.—An eligible (ii) the Statement of Policy of the Sec- ments with respect to such base shall be de- producer that receives assistance under this retary of Agriculture effective July 24, 1971 termined under clause (ii) or (iii), whichever subsection shall be ineligible to receive as- (36 Fed. Reg. 13804), relating to notices of is specified in the election, and sistance for 2009 grazing losses under the pro- proposed rulemaking and public participa- ‘‘(II) the shortfall amortization install- gram carried out under section 531(d) of the tion in rulemaking; and ment for any plan year in the 9-plan-year pe- Federal Crop Insurance Act (7 U.S.C. 1531(d)) (iii) chapter 35 of title 44, United States riod described in clause (ii) or the 15-plan- and section 901(d) of the Trade Act of 1974 (19 Code (commonly known as the ‘‘Paperwork year period described in clause (iii), respec- U.S.C. 2497(d)) . Reduction Act’’). tively, with respect to such shortfall amorti- (h) EMERGENCY LOANS FOR POULTRY PRO- (C) CONGRESSIONAL REVIEW OF AGENCY zation base is the annual installment deter- DUCERS.— RULEMAKING.—In carrying out this para- mined under the applicable clause for that (1) DEFINITIONS.—In this subsection: graph, the Secretary shall use the authority year for that base. (A) ANNOUNCEMENT DATE.—The term ‘‘an- provided under section 808 of title 5, United ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The nouncement date’’ means the date on which States Code. shortfall amortization installments deter- the Secretary announces the emergency loan (2) ADMINISTRATIVE COSTS.—Of the funds of mined under this clause are— program under this subsection. the Commodity Credit Corporation, the Sec- ‘‘(I) in the case of the first 2 plan years in (B) POULTRY INTEGRATOR.—The term ‘‘poul- retary may use up to $15,000,000 to pay ad- the 9-plan-year period beginning with the try integrator’’ means a poultry integrator ministrative costs incurred by the Secretary election year, interest on the shortfall amor- that filed proceedings under chapter 11 of that are directly related to carrying out this tization base of the plan for the election year title 11, United States Code, in United States Act. (determined using the effective interest rate Bankruptcy Court during the 30-day period (3) PROHIBITION.—None of the funds of the for the plan for the election year), and beginning on December 1, 2008. Agricultural Disaster Relief Trust Fund es- ‘‘(II) in the case of the last 7 plan years in (2) LOAN PROGRAM.— tablished under section 902 of the Trade Act such 9-plan-year period, the amounts nec- (A) IN GENERAL.—Of the funds of the Com- of 1974 (19 U.S.C. 2497a) may be used to carry essary to amortize the remaining balance of modity Credit Corporation, the Secretary out this Act. the shortfall amortization base of the plan shall use not more than $75,000,000, to remain SEC. 246. SMALL BUSINESS LOAN GUARANTEE for the election year in level annual install- available until expended, for the cost of ENHANCEMENT EXTENSIONS. ments over such last 7 plan years (using the making no-interest emergency loans avail- (a) APPROPRIATION.—There is appropriated, segment rates under subparagraph (C) for the able to poultry producers that meet the re- out of any funds in the Treasury not other- election year). quirements of this subsection. wise appropriated, for an additional amount ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall (B) TERMS AND CONDITIONS.—Except as oth- for ‘‘Small Business Administration – Busi- amortization installments determined under erwise provided in this subsection, emer- ness Loans Program Account’’, $354,000,000, this subparagraph are the amounts necessary gency loans under this subsection shall be to remain available through December 31, to amortize the shortfall amortization base subject to such terms and conditions as are 2010, for the cost of— of the plan for the election year in level an- determined by the Secretary. (1) fee reductions and eliminations under nual installments over the 15-plan-year pe- (3) LOANS.— section 501 of division A of the American Re- riod beginning with the election year (using (A) IN GENERAL.—An emergency loan made covery and Reinvestment Act of 2009 (Public the segment rates under subparagraph (C) for to a poultry producer under this subsection Law 111–5; 123 Stat. 151), as amended by this the election year).

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‘‘(iv) ELECTION.— sequent shortfall amortization installments of the Treasury), or transferred to such a ‘‘(I) IN GENERAL.—The plan sponsor of a (after application of this paragraph) to the trust or other arrangement, by a plan spon- plan may elect to have this subparagraph present value of the remaining unamortized sor for purposes of paying deferred com- apply to not more than 2 eligible plan years shortfall amortization base. pensation of an employee under a non- with respect to the plan, except that in the ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— qualified deferred compensation plan (as de- case of a plan described in section 106 of the For purposes of this paragraph— fined in section 409A of such Code) of the Pension Protection Act of 2006, the plan ‘‘(i) IN GENERAL.—The term ‘installment plan sponsor, then, for purposes of clause (i), sponsor may only elect to have this subpara- acceleration amount’ means, with respect to the amount of such assets shall be treated as graph apply to a plan year beginning in 2011. any plan year in a restriction period with re- remuneration of the employee includible in ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- spect to an election year, the sum of— income for the calendar year unless such tion shall specify whether the amortization ‘‘(I) the aggregate amount of excess em- amount is otherwise includible in income for schedule under clause (ii) or (iii) shall apply ployee compensation determined under sub- such year. An amount to which the pre- to an election year, except that if a plan paragraph (D) with respect to all employees ceding sentence applies shall not be taken sponsor elects to have this subparagraph for the plan year, plus into account under this paragraph for any apply to 2 eligible plan years, the plan spon- ‘‘(II) the aggregate amount of extraor- subsequent calendar year. sor must elect the same schedule for both dinary dividends and redemptions deter- ‘‘(iii) ONLY REMUNERATION FOR CERTAIN years. mined under subparagraph (E) for the plan POST-2009 SERVICES COUNTED.—Remuneration ‘‘(III) OTHER RULES.—Such election shall be year. shall be taken into account under clause (i) made at such time, and in such form and ‘‘(ii) LIMITATION TO AGGREGATE REDUCED only to the extent attributable to services manner, as shall be prescribed by the Sec- REQUIRED CONTRIBUTIONS.—The installment performed by the employee for the plan spon- retary of the Treasury, and may be revoked acceleration amount for any plan year shall sor after February 4, 2010. only with the consent of the Secretary of the not exceed the excess (if any) of— ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- Treasury. The Secretary of the Treasury ‘‘(I) the sum of the shortfall amortization MENTS.— shall, before granting a revocation request, installments for the plan year and all pre- ‘‘(I) IN GENERAL.—There shall not be taken provide the Pension Benefit Guaranty Cor- ceding plan years in the amortization period into account under clause (i)(I) any amount poration an opportunity to comment on the elected under paragraph (2)(D) with respect includible in income with respect to the conditions applicable to the treatment of to the shortfall amortization base with re- granting on or after February 4, 2010, of serv- any portion of the election year shortfall spect to an election year, determined with- ice recipient stock (within the meaning of amortization base that remains unamortized out regard to paragraph (2)(D) and this para- section 409A of the Internal Revenue Code of as of the revocation date. graph, over 1986) that, upon such grant, is subject to a ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of ‘‘(II) the sum of the shortfall amortization substantial risk of forfeiture (as defined this subparagraph, the term ‘eligible plan installments for such plan year and all such under section 83(c)(1) of such Code) for at year’ means any plan year beginning in 2008, preceding plan years, determined after appli- least 5 years from the date of such grant. 2009, 2010, or 2011, except that a plan year cation of paragraph (2)(D) (and in the case of ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- shall only be treated as an eligible plan year any preceding plan year, after application of retary of the Treasury may by regulation if the due date under subsection (j)(1) for the this paragraph). provide for the application of this clause in payment of the minimum required contribu- ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT the case of a person other than a corpora- tion for such plan year occurs on or after the ACCELERATION AMOUNTS.— tion. date of the enactment of this subparagraph. ‘‘(I) IN GENERAL.—If the installment accel- ‘‘(v) OTHER EXCEPTIONS.—The following ‘‘(vi) REPORTING.—A plan sponsor of a plan eration amount for any plan year (deter- amounts includible in income shall not be who makes an election under clause (i) shall mined without regard to clause(ii)) exceeds taken into account under clause (i)(I): inform the Pension Benefit Guaranty Cor- the limitation under clause (ii), then, subject ‘‘(I) COMMISSIONS.—Any remuneration pay- poration of such election in such form and to subclause (II), such excess shall be treated able on a commission basis solely on account manner as the Director of the Pension Ben- as an installment acceleration amount with of income directly generated by the indi- efit Guaranty Corporation may prescribe. respect to the succeeding plan year (without vidual performance of the individual to ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS regard to whether such succeeding plan year whom such remuneration is payable. IN CERTAIN CASES.—For increases in required is in the restriction period). ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING contributions in cases of excess compensa- ‘‘(II) CAP TO APPLY.—If any amount treated CONTRACTS.—Any remuneration consisting of tion or extraordinary dividends or stock re- as an installment acceleration amount under nonqualified deferred compensation, re- demptions, see paragraph (7).’’. subclause (I) or this subclause with respect stricted stock, stock options, or stock appre- (2) INCREASES IN REQUIRED INSTALLMENTS IN any succeeding plan year, when added to ciation rights payable or granted under a CERTAIN CASES.—Section 303(c) of the Em- other installment acceleration amounts (de- written binding contract that was in effect ployee Retirement Income Security Act of termined without regard to clause (ii)) with on February 4, 2010, and which was not modi- 1974 (29 U.S.C. 1083(c)) is amended by adding respect to the plan year, exceeds the limita- fied in any material respect before such re- at the end the following paragraph: tion under clause (ii), the portion of such muneration is paid. ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- amount representing such excess shall be ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED STALLMENTS IN CASES OF EXCESS COMPENSA- treated as an installment acceleration AS EMPLOYEE.—The term ‘employee’ in- TION OR EXTRAORDINARY DIVIDENDS OR STOCK amount with respect to the next succeeding cludes, with respect to a calendar year, a REDEMPTIONS.— plan year (without regard to whether such self-employed individual who is treated as an ‘‘(A) IN GENERAL.—If there is an install- succeeding plan year is in the restriction pe- employee under section 401(c) of such Code ment acceleration amount with respect to a riod). for the taxable year ending during such cal- plan for any plan year in the restriction pe- ‘‘(III) ORDERING RULES.—For purposes of endar year, and the term ‘compensation’ riod with respect to an election year under applying subclause (II), installment accelera- shall include earned income of such indi- paragraph (2)(D), then the shortfall amorti- tion amounts for the plan year (determined vidual with respect to such self-employment. zation installment otherwise determined and without regard to any carryover under this ‘‘(vii) INDEXING OF AMOUNT.—In the case of payable under such paragraph for such plan clause) shall be applied first against the lim- any calendar year beginning after 2010, the year shall, subject to the limitation under itation under clause (ii) and then carryovers dollar amount under clause (i)(II) shall be in- subparagraph (B), be increased by such to such plan year shall be applied against creased by an amount equal to— amount. such limitation on a first-in, first-out basis. ‘‘(I) such dollar amount, multiplied by ‘‘(B) TOTAL INSTALLMENTS LIMITED TO ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For ‘‘(II) the cost-of-living adjustment deter- SHORTFALL BASE.—Subject to rules pre- purposes of this paragraph— mined under section 1(f)(3) of such Code for scribed by the Secretary of the Treasury, if ‘‘(i) IN GENERAL.—The term ‘excess em- the calendar year, determined by sub- a shortfall amortization installment with re- ployee compensation’ means, with respect to stituting ‘calendar year 2009’ for ‘calendar spect to any shortfall amortization base for any employee for any plan year, the excess year 1992’ in subparagraph (B) thereof. an election year is required to be increased (if any) of— If the amount of any increase under clause for any plan year under subparagraph (A)— ‘‘(I) the aggregate amount includible in in- (i) is not a multiple of $1,000, such increase ‘‘(i) such increase shall not result in the come under chapter 1 of the Internal Rev- shall be rounded to the next lowest multiple amount of such installment exceeding the enue Code of 1986 for remuneration during of $1,000. present value of such installment and all the calendar year in which such plan year ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- succeeding installments with respect to such begins for services performed by the em- DEMPTIONS.— base (determined without regard to such in- ployee for the plan sponsor (whether or not ‘‘(i) IN GENERAL.—The amount determined crease but after application of clause (ii)), performed during such calendar year), over under this subparagraph for any plan year is and ‘‘(II) $1,000,000. the excess (if any) of— ‘‘(ii) subsequent shortfall amortization in- ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED ‘‘(I) the sum of the dividends declared dur- stallments with respect to such base shall, in DEFERRED COMPENSATION.—If during any cal- ing the plan year by the plan sponsor plus reverse order of the otherwise required in- endar year assets are set aside or reserved the aggregate fair market value of the stock stallments, be reduced to the extent nec- (directly or indirectly) in a trust (or other of the plan sponsor redeemed during the plan essary to limit the present value of such sub- arrangement as determined by the Secretary year, over

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.104 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1073 ‘‘(II) the adjusted net income (within the zation base is the annual installment deter- plan for any plan year in the restriction pe- meaning of section 4043) of the plan sponsor mined under the applicable clause for that riod with respect to an election year under for the preceding plan year. year for that base. paragraph (2)(D), then the shortfall amorti- ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The zation installment otherwise determined and REDEMPTIONS COUNTED.—For purposes of shortfall amortization installments deter- payable under such paragraph for such plan clause (i), there shall only be taken into ac- mined under this clause are— year shall, subject to the limitation under count dividends declared, and redemptions ‘‘(I) in the case of the first 2 plan years in subparagraph (B), be increased by such occurring, after February 4, 2010. the 9-plan-year period beginning with the amount. ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- election year, interest on the shortfall amor- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO DENDS.—Dividends paid by one member of a tization base of the plan for the election year SHORTFALL BASE.—Subject to rules pre- controlled group (as defined in section (determined using the effective interest rate scribed by the Secretary, if a shortfall amor- 302(d)(3)) to another member of such group for the plan for the election year), and tization installment with respect to any shall not be taken into account under clause ‘‘(II) in the case of the last 7 plan years in shortfall amortization base for an election (i). such 9-plan-year period, the amounts nec- year is required to be increased for any plan ‘‘(F) OTHER DEFINITIONS AND RULES.—For essary to amortize the remaining balance of year under subparagraph (A)— purposes of this paragraph— the shortfall amortization base of the plan ‘‘(i) such increase shall not result in the ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- for the election year in level annual install- amount of such installment exceeding the sor’ includes any member of the plan spon- ments over such last 7 plan years (using the present value of such installment and all sor’s controlled group (as defined in section segment rates under subparagraph (C) for the succeeding installments with respect to such 302(d)(3)). election year). base (determined without regard to such in- ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall crease but after application of clause (ii)), striction period’ means, with respect to any amortization installments determined under and election year— this subparagraph are the amounts necessary ‘‘(ii) subsequent shortfall amortization in- ‘‘(I) except as provided in subclause (II), to amortize the shortfall amortization base stallments with respect to such base shall, in the 4-year period beginning with the election of the plan for the election year in level an- reverse order of the otherwise required in- year, and nual installments over the 15-plan-year pe- stallments, be reduced to the extent nec- ‘‘(II) if the plan sponsor elects 15-year am- riod beginning with the election year (using essary to limit the present value of such sub- ortization for the shortfall amortization base the segment rates under subparagraph (C) for sequent shortfall amortization installments for the election year, the 7-year period begin- the election year). (after application of this paragraph) to the ning with the election year. ‘‘(iv) ELECTION.— present value of the remaining unamortized ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(I) IN GENERAL.—The plan sponsor of a shortfall amortization base. plan sponsor makes elections under para- plan may elect to have this subparagraph ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— graph (2)(D) with respect to 2 or more plans, apply to not more than 2 eligible plan years For purposes of this paragraph— the Secretary of the Treasury shall provide with respect to the plan, except that in the ‘‘(i) IN GENERAL.—The term ‘installment rules for the application of this paragraph to case of a plan described in section 106 of the acceleration amount’ means, with respect to such plans, including rules for the ratable al- Pension Protection Act of 2006, the plan any plan year in a restriction period with re- location of any installment acceleration sponsor may only elect to have this subpara- spect to an election year, the sum of— amount among such plans on the basis of graph apply to a plan year beginning in 2011. ‘‘(I) the aggregate amount of excess em- each plan’s relative reduction in the plan’s ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- ployee compensation determined under sub- shortfall amortization installment for the tion shall specify whether the amortization paragraph (D) with respect to all employees first plan year in the amortization period de- schedule under clause (ii) or (iii) shall apply for the plan year, plus scribed in subparagraph (A) (determined to an election year, except that if a plan ‘‘(II) the aggregate amount of extraor- without regard to this paragraph). sponsor elects to have this subparagraph dinary dividends and redemptions deter- ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- apply to 2 eligible plan years, the plan spon- mined under subparagraph (E) for the plan retary of the Treasury shall prescribe rules sor must elect the same schedule for both year. for the application of paragraph (2)(D) and years. ‘‘(ii) LIMITATION TO AGGREGATE REDUCED this paragraph in any case where there is a ‘‘(III) OTHER RULES.—Such election shall be REQUIRED CONTRIBUTIONS.—The installment merger or acquisition involving a plan spon- made at such time, and in such form and acceleration amount for any plan year shall sor making the election under paragraph manner, as shall be prescribed by the Sec- not exceed the excess (if any) of— (2)(D).’’. retary, and may be revoked only with the ‘‘(I) the sum of the shortfall amortization (3) CONFORMING AMENDMENTS.—Section 303 consent of the Secretary. The Secretary installments for the plan year and all pre- of such Act (29 U.S.C. 1083) is amended— shall, before granting a revocation request, ceding plan years in the amortization period (A) in subsection (c)(1), by striking ‘‘the provide the Pension Benefit Guaranty Cor- elected under paragraph (2)(D) with respect shortfall amortization bases for such plan poration an opportunity to comment on the to the shortfall amortization base with re- year and each of the 6 preceding plan years’’ conditions applicable to the treatment of spect to an election year, determined with- and inserting ‘‘any shortfall amortization any portion of the election year shortfall out regard to paragraph (2)(D) and this para- base which has not been fully amortized amortization base that remains unamortized graph, over under this subsection’’, and as of the revocation date. ‘‘(II) the sum of the shortfall amortization (B) in subsection (j)(3), by adding at the ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of installments for such plan year and all such end the following: this subparagraph, the term ‘eligible plan preceding plan years, determined after appli- ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- year’ means any plan year beginning in 2008, cation of paragraph (2)(D) (and in the case of CLUDE CERTAIN INCREASED CONTRIBUTIONS.— 2009, 2010, or 2011, except that a plan year any preceding plan year, after application of Subparagraph (D) shall be applied without shall only be treated as an eligible plan year this paragraph). regard to any increase under subsection if the due date under subsection (j)(1) for the ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT (c)(7).’’. payment of the minimum required contribu- ACCELERATION AMOUNTS.— (b) AMENDMENTS TO INTERNAL REVENUE tion for such plan year occurs on or after the ‘‘(I) IN GENERAL.—If the installment accel- CODE OF 1986.— date of the enactment of this subparagraph. eration amount for any plan year (deter- (1) IN GENERAL.—Paragraph (2) of section ‘‘(vi) REPORTING.—A plan sponsor of a plan mined without regard to clause(ii)) exceeds 430(c) is amended by adding at the end the who makes an election under clause (i) shall the limitation under clause (ii), then, subject following subparagraph: inform the Pension Benefit Guaranty Cor- to subclause (II), such excess shall be treated ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN poration of such election in such form and as an installment acceleration amount with YEARS.— manner as the Director of the Pension Ben- respect to the succeeding plan year (without ‘‘(i) IN GENERAL.—If a plan sponsor elects efit Guaranty Corporation may prescribe. regard to whether such succeeding plan year to apply this subparagraph with respect to ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS is in the restriction period). the shortfall amortization base of a plan for IN CERTAIN CASES.—For increases in required ‘‘(II) CAP TO APPLY.—If any amount treated any eligible plan year (in this subparagraph contributions in cases of excess compensa- as an installment acceleration amount under and paragraph (7) referred to as an ‘election tion or extraordinary dividends or stock re- subclause (I) or this subclause with respect year’), then, notwithstanding subparagraphs demptions, see paragraph (7).’’. any succeeding plan year, when added to (A) and (B)— (2) INCREASES IN REQUIRED CONTRIBUTIONS IF other installment acceleration amounts (de- ‘‘(I) the shortfall amortization install- EXCESS COMPENSATION PAID.—Section 430(c) is termined without regard to clause (ii)) with ments with respect to such base shall be de- amended by adding at the end the following respect to the plan year, exceeds the limita- termined under clause (ii) or (iii), whichever paragraph: tion under clause (ii), the portion of such is specified in the election, and ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- amount representing such excess shall be ‘‘(II) the shortfall amortization install- STALLMENTS IN CASES OF EXCESS COMPENSA- treated as an installment acceleration ment for any plan year in the 9-plan-year pe- TION OR EXTRAORDINARY DIVIDENDS OR STOCK amount with respect to the next succeeding riod described in clause (ii) or the 15-plan- REDEMPTIONS.— plan year (without regard to whether such year period described in clause (iii), respec- ‘‘(A) IN GENERAL.—If there is an install- succeeding plan year is in the restriction pe- tively, with respect to such shortfall amorti- ment acceleration amount with respect to a riod).

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‘‘(III) ORDERING RULES.—For purposes of ‘‘(vii) INDEXING OF AMOUNT.—In the case of regard to any increase under subsection applying subclause (II), installment accelera- any calendar year beginning after 2010, the (c)(7).’’. tion amounts for the plan year (determined dollar amount under clause (i)(II) shall be in- (c) EFFECTIVE DATE.—The amendments without regard to any carryover under this creased by an amount equal to— made by this section shall apply to plan clause) shall be applied first against the lim- ‘‘(I) such dollar amount, multiplied by years beginning after December 31, 2007. itation under clause (ii) and then carryovers ‘‘(II) the cost-of-living adjustment deter- SEC. 302. APPLICATION OF EXTENDED AMORTI- to such plan year shall be applied against mined under section 1(f)(3) for the calendar ZATION PERIOD TO PLANS SUBJECT such limitation on a first-in, first-out basis. year, determined by substituting ‘calendar TO PRIOR LAW FUNDING RULES. ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For year 2009’ for ‘calendar year 1992’ in subpara- (a) IN GENERAL.—Title I of the Pension purposes of this paragraph— graph (B) thereof. Protection Act of 2006 is amended by redesig- ‘‘(i) IN GENERAL.—The term ‘excess em- nating section 107 as section 108 and by in- If the amount of any increase under clause serting the following after section 106: ployee compensation’ means, with respect to (i) is not a multiple of $1,000, such increase any employee for any plan year, the excess ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- shall be rounded to the next lowest multiple ZATION PERIODS TO PLANS WITH (if any) of— of $1,000. ‘‘(I) the aggregate amount includible in in- DELAYED EFFECTIVE DATE. ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- come under this chapter for remuneration ‘‘(a) IN GENERAL.—If the plan sponsor of a DEMPTIONS.— during the calendar year in which such plan plan to which section 104, 105, or 106 of this ‘‘(i) IN GENERAL.—The amount determined year begins for services performed by the Act applies elects to have this section apply under this subparagraph for any plan year is employee for the plan sponsor (whether or for any eligible plan year (in this section re- the excess (if any) of— not performed during such calendar year), ferred to as an ‘election year’), section 302 of ‘‘(I) the sum of the dividends declared dur- over the Employee Retirement Income Security ing the plan year by the plan sponsor plus ‘‘(II) $1,000,000. Act of 1974 and section 412 of the Internal the aggregate fair market value of the stock ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED Revenue Code of 1986 (as in effect before the of the plan sponsor redeemed during the plan DEFERRED COMPENSATION.—If during any cal- amendments made by this subtitle and sub- year, over endar year assets are set aside or reserved title B) shall apply to such year in the man- (directly or indirectly) in a trust (or other ‘‘(II) the adjusted net income (within the ner described in subsection (b) or (c), which- arrangement as determined by the Sec- meaning of section 4043 of the Employee Re- ever is specified in the election. All ref- retary), or transferred to such a trust or tirement Income Security Act of 1974) of the erences in this section to ‘such Act’ or ‘such other arrangement, by a plan sponsor for plan sponsor for the preceding plan year. Code’ shall be to such Act or such Code as in purposes of paying deferred compensation of ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND effect before the amendments made by this an employee under a nonqualified deferred REDEMPTIONS COUNTED.—For purposes of subtitle and subtitle B. compensation plan (as defined in section clause (i), there shall only be taken into ac- ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the 409A) of the plan sponsor, then, for purposes count dividends declared, and redemptions case of an election year to which this sub- of clause (i), the amount of such assets shall occurring, after February 4, 2010. section applies— be treated as remuneration of the employee ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING includible in income for the calendar year DENDS.—Dividends paid by one member of a DEFICIT REDUCTION CONTRIBUTIONS FOR CER- unless such amount is otherwise includible controlled group (as defined in section TAIN PLANS.—For purposes of applying sec- in income for such year. An amount to which 412(d)(3)) to another member of such group tion 302(d)(9) of such Act and section 412(l)(9) the preceding sentence applies shall not be shall not be taken into account under clause of such Code, the funded current liability taken into account under this paragraph for (i). percentage (as defined in subparagraph (C) any subsequent calendar year. ‘‘(F) OTHER DEFINITIONS AND RULES.—For thereof) for such plan for such plan year ‘‘(iii) ONLY REMUNERATION FOR CERTAIN purposes of this paragraph— shall be such funded current liability per- POST-2009 SERVICES COUNTED.—Remuneration ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- centage of such plan for the second plan year shall be taken into account under clause (i) sor’ includes any member of the plan spon- preceding the first election year of such only to the extent attributable to services sor’s controlled group (as defined in section plan. performed by the employee for the plan spon- 412(d)(3)). ‘‘(2) CALCULATION OF DEFICIT REDUCTION sor after February 4, 2010. ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- CONTRIBUTION.—For purposes of applying sec- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- striction period’ means, with respect to any tion 302(d) of such Act and section 412(l) of MENTS.— election year— such Code to a plan to which such sections ‘‘(I) IN GENERAL.—There shall not be taken ‘‘(I) except as provided in subclause (II), apply (after taking into account paragraph into account under clause (i)(I) any amount the 4-year period beginning with the election (1))— includible in income with respect to the year, and ‘‘(A) in the case of the increased unfunded granting on or after February 4, 2010, of serv- ‘‘(II) if the plan sponsor elects 15-year am- new liability of the plan, the applicable per- ice recipient stock (within the meaning of ortization for the shortfall amortization base centage described in section 302(d)(4)(C) of section 409A) that, upon such grant, is sub- for the election year, the 7-year period begin- such Act and section 412(l)(4)(C) of such Code ject to a substantial risk of forfeiture (as de- ning with the election year. shall be the third segment rate described in fined under section 83(c)(1)) for at least 5 ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a sections 104(b), 105(b), and 106(b) of this Act, years from the date of such grant. plan sponsor makes elections under para- and ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- graph (2)(D) with respect to 2 or more plans, ‘‘(B) in the case of the excess of the un- retary may by regulation provide for the ap- the Secretary shall provide rules for the ap- funded new liability over the increased un- plication of this clause in the case of a per- plication of this paragraph to such plans, in- funded new liability, such applicable per- son other than a corporation. cluding rules for the ratable allocation of centage shall be determined without regard ‘‘(v) OTHER EXCEPTIONS.—The following any installment acceleration amount among to this section. amounts includible in income shall not be such plans on the basis of each plan’s rel- ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- taken into account under clause (i)(I): ative reduction in the plan’s shortfall amor- TION.—In the case of an election year to ‘‘(I) COMMISSIONS.—Any remuneration pay- tization installment for the first plan year in which this subsection applies, for purposes of able on a commission basis solely on account the amortization period described in sub- applying section 302(d) of such Act and sec- of income directly generated by the indi- paragraph (A) (determined without regard to tion 412(l) of such Code— vidual performance of the individual to this paragraph). ‘‘(1) in the case of the increased unfunded whom such remuneration is payable. ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- new liability of the plan, the applicable per- ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING retary shall prescribe rules for the applica- centage described in section 302(d)(4)(C) of CONTRACTS.—Any remuneration consisting of tion of paragraph (2)(D) and this paragraph such Act and section 412(l)(4)(C) of such Code nonqualified deferred compensation, re- in any case where there is a merger or acqui- for any pre-effective date plan year begin- stricted stock, stock options, or stock appre- sition involving a plan sponsor making the ning with or after the first election year ciation rights payable or granted under a election under paragraph (2)(D).’’. shall be the ratio of— written binding contract that was in effect (3) CONFORMING AMENDMENTS.—Section 430 ‘‘(A) the annual installments payable in on February 4, 2010, and which was not modi- is amended— each year if the increased unfunded new li- fied in any material respect before such re- (A) in subsection (c)(1), by striking ‘‘the ability for such plan year were amortized muneration is paid. shortfall amortization bases for such plan over 15 years, using an interest rate equal to ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED year and each of the 6 preceding plan years’’ the third segment rate described in sections AS EMPLOYEE.—The term ‘employee’ in- and inserting ‘‘any shortfall amortization 104(b), 105(b), and 106(b) of this Act, to cludes, with respect to a calendar year, a base which has not been fully amortized ‘‘(B) the increased unfunded new liability self-employed individual who is treated as an under this subsection’’, and for such plan year, and employee under section 401(c) for the taxable (B) in subsection (j)(3), by adding at the ‘‘(2) in the case of the excess of the un- year ending during such calendar year, and end the following: funded new liability over the increased un- the term ‘compensation’ shall include earned ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- funded new liability, such applicable per- income of such individual with respect to CLUDE CERTAIN INCREASED CONTRIBUTIONS.— centage shall be determined without regard such self-employment. Subparagraph (D) shall be applied without to this section.

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‘‘(d) ELECTION.— revoked only with the consent of the Sec- duces payments after, a participant starts ‘‘(1) IN GENERAL.—The plan sponsor of a retary of the Treasury. receiving social security benefits in order to plan may elect to have this section apply to SEC. 303. LOOKBACK FOR CERTAIN BENEFIT RE- provide substantially similar aggregate pay- not more than 2 eligible plan years with re- STRICTIONS. ments both before and after such benefits are spect to the plan, except that in the case of (a) IN GENERAL.— received, and a plan to which section 106 of this Act ap- (1) AMENDMENT TO ERISA.—Section 206(g)(9) ‘‘(ii) subsection (e).’’. plies, the plan sponsor may only elect to of the Employee Retirement Income Secu- (b) INTERACTION WITH WRERA RULE.—Sec- have this section apply to 1 eligible plan rity Act of 1974 is amended by adding at the tion 203 of the Worker, Retiree, and Em- year. end the following: ployer Recovery Act of 2008 shall apply to a ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— plan for any plan year in lieu of the amend- tion shall specify whether the rules under Solely for purposes of any applicable provi- ments made by this section applying to sec- subsection (b) or (c) shall apply to an elec- sion— tions 206(g)(4) of the Employee Retirement tion year, except that if a plan sponsor elects ‘‘(i) IN GENERAL.—For plan years beginning Income Security Act of 1974 and 436(e) of the to have this section apply to 2 eligible plan on or after October 1, 2008, and before Octo- Internal Revenue Code of 1986 only to the ex- years, the plan sponsor must elect the same ber 1, 2010, the adjusted funding target at- tent that such section produces a higher ad- rule for both years. tainment percentage of a plan shall be the justed funding target attainment percentage ‘‘(3) OTHER RULES.—Such election shall be greater of— for such plan for such year. made at such time, and in such form and ‘‘(I) such percentage, as determined with- (c) EFFECTIVE DATE.— manner, as shall be prescribed by the Sec- out regard to this subparagraph, or (1) IN GENERAL.—Except as provided in retary of the Treasury, and may be revoked ‘‘(II) the adjusted funding target attain- paragraph (2), the amendments made by this only with the consent of the Secretary of the ment percentage for such plan for the plan section shall apply to plan years beginning on or after October 1, 2008. Treasury. year beginning after October 1, 2007, and be- ‘‘(e) DEFINITIONS.—For purposes of this sec- fore October 1, 2008, as determined under (2) SPECIAL RULE.—In the case of a plan for tion— rules prescribed by the Secretary of the which the valuation date is not the first day ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of Treasury. of the plan year, the amendments made by this subparagraph, the term ‘eligible plan ‘‘(ii) SPECIAL RULE.—In the case of a plan this section shall apply to plan years begin- year’ means any plan year beginning in 2008, for which the valuation date is not the first ning after December 31, 2007. 2009, 2010, or 2011, except that a plan year be- day of the plan year— Subtitle B—Multiemployer Plans ginning in 2008 shall only be treated as an el- ‘‘(I) clause (i) shall apply to plan years be- SEC. 311. ADJUSTMENTS TO FUNDING STANDARD igible plan year if the due date for the pay- ginning after December 31, 2007, and before ACCOUNT RULES. ment of the minimum required contribution January 1, 2010, and (a) ADJUSTMENTS.— for such plan year occurs on or after the date ‘‘(II) clause (i)(II) shall apply based on the (1) AMENDMENT TO ERISA.—Section 304(b) of of the enactment of this clause. last plan year beginning before November 1, the Employee Retirement Income Security ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The 2007, as determined under rules prescribed by Act of 1974 (29 U.S.C. 1084(b)) is amended by term ‘pre-effective date plan year’ means, the Secretary of the Treasury. adding at the end the following new para- with respect to a plan, any plan year prior to ‘‘(iii) APPLICABLE PROVISION.—For purposes graph: the first year in which the amendments of this subparagraph, the term ‘applicable ‘‘(8) SPECIAL RELIEF RULES.—Notwith- made by this subtitle and subtitle B apply to provision’ means— standing any other provision of this sub- the plan. ‘‘(I) paragraph (3), but only for purposes of section— ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— applying such paragraph to a payment ‘‘(A) AMORTIZATION OF NET INVESTMENT The term ‘increased unfunded new liability’ which, as determined under rules prescribed LOSSES.— means, with respect to a year, the excess (if by the Secretary of the Treasury, is a pay- ‘‘(i) IN GENERAL.—A multiemployer plan any) of the unfunded new liability over the ment under a social security leveling option with respect to which the solvency test amount of unfunded new liability deter- which accelerates payments under the plan under subparagraph (C) is met may treat the mined as if the value of the plan’s assets de- before, and reduces payments after, a partic- portion of its experience loss attributable to termined under subsection 302(c)(2) of such ipant starts receiving social security bene- the net investment losses (if any) incurred in Act and section 412(c)(2) of such Code equaled fits in order to provide substantially similar either or both of the first two plan years the product of the current liability of the aggregate payments both before and after ending after August 31, 2008, as an item sepa- plan for the year multiplied by the funded such benefits are received, and rate from other experience losses, to be am- current liability percentage (as defined in ‘‘(II) paragraph (4).’’. ortized in equal annual installments (until MENDMENT TO INTERNAL REVENUE CODE fully amortized) over a period of 30 plan section 302(d)(8)(B) of such Act and (2) A OF 1986.—Section 436(j) of the Internal Rev- years. 412(l)(8)(B) of such Code) of the plan for the enue Code of 1986 is amended by adding at ‘‘(ii) COORDINATION WITH EXTENSIONS.—If second plan year preceding the first election the end the following: this subparagraph applies for any plan year— year of such plan. ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— ‘‘(I) no extension of the amortization pe- ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- Solely for purposes of any applicable provi- riod under clause (i) shall be allowed under funded new liability’ and ‘current liability’ sion— subsection (d), and shall have the meanings set forth in section ‘‘(A) IN GENERAL.—For plan years begin- ‘‘(II) if an extension was granted under 302(d) of such Act and section 412(l) of such ning on or after October 1, 2008, and before subsection (d) for any plan year before the Code.’’. October 1, 2010, the adjusted funding target election to have this subparagraph apply to (b) ELIGIBLE CHARITY PLANS.—Section 104 of the Pension Protection Act of 2006 is attainment percentage of a plan shall be the the plan year, such extension shall not result amended— greater of— in such amortization period exceeding 30 (1) by striking ‘‘eligible cooperative plan’’ ‘‘(i) such percentage, as determined with- years. wherever it appears in subsections (a) and (b) out regard to this paragraph, or ‘‘(iii) NET INVESTMENT LOSSES.—For pur- and inserting ‘‘eligible cooperative plan or ‘‘(ii) the adjusted funding target attain- poses of this subparagraph— an eligible charity plan’’, and ment percentage for such plan for the plan ‘‘(I) IN GENERAL.—Net investment losses (2) by adding at the end the following new year beginning after October 1, 2007, and be- shall be determined in the manner prescribed subsection: fore October 1, 2008, as determined under by the Secretary of the Treasury on the basis ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For rules prescribed by the Secretary. of the difference between actual and ex- purposes of this section, a plan shall be ‘‘(B) SPECIAL RULE.—In the case of a plan pected returns (including any difference at- treated as an eligible charity plan for a plan for which the valuation date is not the first tributable to any criminally fraudulent in- year if the plan is maintained by more than day of the plan year— vestment arrangement). one employer and 100 percent of the employ- ‘‘(i) subparagraph (A) shall apply to plan ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT ers are described in section 501(c)(3) of such years beginning after December 31, 2007, and ARRANGEMENTS.—The determination as to Code.’’. before January 1, 2010, and whether an arrangement is a criminally (c) EFFECTIVE DATE.— ‘‘(ii) subparagraph (A)(ii) shall apply based fraudulent investment arrangement shall be (1) IN GENERAL.—The amendment made by on the last plan year beginning before No- made under rules substantially similar to subsection (a) shall take effect as if included vember 1, 2007, as determined under rules the rules prescribed by the Secretary of the in the Pension Protection Act of 2006. prescribed by the Secretary. Treasury for purposes of section 165 of the (2) ELIGIBLE CHARITY PLAN.—The amend- ‘‘(C) APPLICABLE PROVISION.—For purposes Internal Revenue Code of 1986. ments made by subsection (b) shall apply to of this paragraph, the term ‘applicable provi- ‘‘(B) EXPANDED SMOOTHING PERIOD.— plan years beginning after December 31, 2007, sion’ means— ‘‘(i) IN GENERAL.—A multiemployer plan except that a plan sponsor may elect to ‘‘(i) subsection (d), but only for purposes of with respect to which the solvency test apply such amendments to plan years begin- applying such paragraph to a payment under subparagraph (C) is met may change ning after December 31, 2008. Any such elec- which, as determined under rules prescribed its asset valuation method in a manner tion shall be made at such time, and in such by the Secretary, is a payment under a so- which— form and manner, as shall be prescribed by cial security leveling option which acceler- ‘‘(I) spreads the difference between ex- the Secretary of the Treasury, and may be ates payments under the plan before, and re- pected and actual returns for either or both

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of the first 2 plan years ending after August ‘‘(ii) COORDINATION WITH EXTENSIONS.—If ‘‘(II) the plan’s funded percentage and pro- 31, 2008, over a period of not more than 10 this subparagraph applies for any plan year— jected credit balances for such 2 plan years years, ‘‘(I) no extension of the amortization pe- are reasonably expected to be at least as ‘‘(II) provides that for either or both of riod under clause (i) shall be allowed under high as such percentage and balances would such 2 plan years the value of plan assets at subsection (d), and have been if the benefit increase had not any time shall not be less than 80 percent or ‘‘(II) if an extension was granted under been adopted, or greater than 130 percent of the fair market subsection (d) for any plan year before the ‘‘(ii) the amendment is required as a condi- value of such assets at such time, or election to have this subparagraph apply to tion of qualification under part I of sub- ‘‘(III) makes both changes described in sub- the plan year, such extension shall not result chapter D or to comply with other applicable clauses (I) and (II) to such method. in such amortization period exceeding 30 law. ‘‘(ii) ASSET VALUATION METHODS.—If this years. ‘‘(E) REPORTING.—A plan sponsor of a plan subparagraph applies for any plan year— ‘‘(iii) NET INVESTMENT LOSSES.—For pur- to which this paragraph applies shall inform ‘‘(I) the Secretary of the Treasury shall poses of this subparagraph— the Pension Benefit Guaranty Corporation of not treat the asset valuation method of the ‘‘(I) IN GENERAL.—Net investment losses such application in such form and manner as plan as unreasonable solely because of the shall be determined in the manner prescribed the Director of the Pension Benefit Guar- changes in such method described in clause by the Secretary on the basis of the dif- anty Corporation may prescribe.’’. (i), and ference between actual and expected returns (b) EFFECTIVE DATES.— ‘‘(II) such changes shall be deemed ap- (including any difference attributable to any (1) IN GENERAL.—The amendments made by proved by such Secretary under section criminally fraudulent investment arrange- this section shall take effect as of the first 302(d)(1) and section 412(d)(1) of such Code. ment). day of the first plan year ending after Au- ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT gust 31, 2008, except that any election a plan FUNDED ACCRUED LIABILITY.—If this subpara- ARRANGEMENTS.—The determination as to makes pursuant to this section that affects graph and subparagraph (A) both apply for whether an arrangement is a criminally the plan’s funding standard account for the any plan year, the plan shall treat any re- fraudulent investment arrangement shall be first plan year ending after August 31, 2008, duction in unfunded accrued liability result- made under rules substantially similar to shall be disregarded for purposes of applying ing from the application of this subpara- the provisions of section 305 of the Employee graph as a separate experience amortization the rules prescribed by the Secretary for pur- poses of section 165. Retirement Income Security Act of 1974 and base, to be amortized in equal annual install- section 432 of the Internal Revenue Code of ments (until fully amortized) over a period ‘‘(B) EXPANDED SMOOTHING PERIOD.— ‘‘(i) IN GENERAL.—A multiemployer plan 1986 to such plan year. of 30 plan years rather than the period such (2) RESTRICTIONS ON BENEFIT INCREASES.— liability would otherwise be amortized over. with respect to which the solvency test under subparagraph (C) is met may change Notwithstanding paragraph (1), the restric- ‘‘(C) SOLVENCY TEST.—The solvency test tions on plan amendments increasing bene- under this paragraph is met only if the plan its asset valuation method in a manner which— fits in sections 304(b)(8)(D) of such Act and actuary certifies that the plan is projected 431(b)(8)(D) of such Code, as added by this to have sufficient assets to timely pay ex- ‘‘(I) spreads the difference between ex- pected and actual returns for either or both section, shall take effect on the date of en- pected benefits and anticipated expenditures actment of this Act. over the amortization period, taking into ac- of the first 2 plan years ending after August count the changes in the funding standard 31, 2008, over a period of not more than 10 TITLE IV—OFFSET PROVISIONS account under this paragraph. years, Subtitle A—Black Liquor ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— ‘‘(II) provides that for either or both of SEC. 401. EXCLUSION OF UNPROCESSED FUELS If subparagraph (A) or (B) apply to a multi- such 2 plan years the value of plan assets at FROM THE CELLULOSIC BIOFUEL employer plan for any plan year, then, in ad- any time shall not be less than 80 percent or PRODUCER CREDIT. dition to any other applicable restrictions on greater than 130 percent of the fair market (a) IN GENERAL.—Subparagraph (E) of sec- benefit increases, a plan amendment increas- value of such assets at such time, or tion 40(b)(6) is amended by adding at the end ing benefits may not go into effect during ei- ‘‘(III) makes both changes described in sub- the following new clause: ther of the 2 plan years immediately fol- clauses (I) and (II) to such method. ‘‘(iii) EXCLUSION OF UNPROCESSED FUELS.— lowing such plan year unless— ‘‘(ii) ASSET VALUATION METHODS.—If this The term ‘cellulosic biofuel’ shall not in- ‘‘(i) the plan actuary certifies that— subparagraph applies for any plan year— clude any fuel if— ‘‘(I) any such increase is paid for out of ad- ‘‘(I) the Secretary shall not treat the asset ‘‘(I) more than 4 percent of such fuel (de- ditional contributions not allocated to the valuation method of the plan as unreason- termined by weight) is any combination of plan immediately before the application of able solely because of the changes in such water and sediment, or this paragraph to the plan, and method described in clause (i), and ‘‘(II) the ash content of such fuel is more ‘‘(II) the plan’s funded percentage and pro- ‘‘(II) such changes shall be deemed ap- than 1 percent (determined by weight).’’. jected credit balances for such 2 plan years proved by the Secretary under section (b) EFFECTIVE DATE.—The amendment are reasonably expected to be at least as 302(d)(1) of the Employee Retirement Income made by this section shall apply to fuels sold high as such percentage and balances would Security Act of 1974 and section 412(d)(1). or used after the date of the enactment of have been if the benefit increase had not ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- this Act. been adopted, or FUNDED ACCRUED LIABILITY.—If this subpara- SEC. 402. PROHIBITION ON ALTERNATIVE FUEL ‘‘(ii) the amendment is required as a condi- graph and subparagraph (A) both apply for CREDIT AND ALTERNATIVE FUEL tion of qualification under part I of sub- any plan year, the plan shall treat any re- MIXTURE CREDIT FOR BLACK LIQ- chapter D of chapter 1 of the Internal Rev- duction in unfunded accrued liability result- UOR. enue Code of 1986 or to comply with other ap- ing from the application of this subpara- (a) IN GENERAL.—The last sentence of sec- plicable law. graph as a separate experience amortization tion 6426(d)(2) is amended by striking ‘‘or ‘‘(E) REPORTING.—A plan sponsor of a plan base, to be amortized in equal annual install- biodiesel’’ and inserting ‘‘biodiesel, or any to which this paragraph applies shall inform ments (until fully amortized) over a period fuel (including lignin, wood residues, or the Pension Benefit Guaranty Corporation of of 30 plan years rather than the period such spent pulping liquors) derived from the pro- such application in such form and manner as liability would otherwise be amortized over. duction of paper or pulp’’. the Director of the Pension Benefit Guar- ‘‘(C) SOLVENCY TEST.—The solvency test (b) EFFECTIVE DATE.—The amendment anty Corporation may prescribe.’’. under this paragraph is met only if the plan made by this section shall apply to fuel sold (2) AMENDMENT TO INTERNAL REVENUE CODE actuary certifies that the plan is projected or used after December 31, 2009. OF 1986.—Section 431(b) is amended by adding to have sufficient assets to timely pay ex- Subtitle B—Homebuyer Credit at the end the following new paragraph: pected benefits and anticipated expenditures SEC. 411. TECHNICAL MODIFICATIONS TO HOME- ‘‘(8) SPECIAL RELIEF RULES.—Notwith- over the amortization period, taking into ac- BUYER CREDIT. standing any other provision of this sub- count the changes in the funding standard (a) EXPANDED DOCUMENTATION REQUIRE- section— account under this paragraph. MENT.—Subsection (d) of section 36, as ‘‘(A) AMORTIZATION OF NET INVESTMENT ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— amended by the Worker, Homeownership, LOSSES.— If subparagraph (A) or (B) apply to a multi- and Business Assistance Act of 2009, is ‘‘(i) IN GENERAL.—A multiemployer plan employer plan for any plan year, then, in ad- amended— with respect to which the solvency test dition to any other applicable restrictions on (1) by striking ‘‘or’’ at the end of paragraph under subparagraph (C) is met may treat the benefit increases, a plan amendment increas- (3), portion of its experience loss attributable to ing benefits may not go into effect during ei- (2) by striking the period at the end of the net investment losses (if any) incurred in ther of the 2 plan years immediately fol- paragraph (4) and inserting a comma, and either or both of the first two plan years lowing such plan year unless— (3) by adding at the end the following new ending after August 31, 2008, as an item sepa- ‘‘(i) the plan actuary certifies that— paragraphs: rate from other experience losses, to be am- ‘‘(I) any such increase is paid for out of ad- ‘‘(5) in the case of a taxpayer to whom such ortized in equal annual installments (until ditional contributions not allocated to the a credit would be allowed (but for this para- fully amortized) over a period of 30 plan plan immediately before the application of graph) by reason of subsection (c)(6), the tax- years. this paragraph to the plan, and payer fails to attach to the return of tax for

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such taxable year a copy of such property the common law doctrine under which tax (1) REASONABLE CAUSE EXCEPTION FOR UN- tax bills or other documentation as are re- benefits under subtitle A with respect to a DERPAYMENTS.—Subsection (c) of section 6664 quired by the Secretary to demonstrate com- transaction are not allowable if the trans- is amended— pliance with the requirements of subsection action does not have economic substance or (A) by redesignating paragraphs (2) and (3) (c)(6), or lacks a business purpose. as paragraphs (3) and (4), respectively; ‘‘(6) in the case of a taxpayer to whom such ‘‘(B) EXCEPTION FOR PERSONAL TRANS- (B) by striking ‘‘paragraph (2)’’ in para- a credit would be allowed (but for this para- ACTIONS OF INDIVIDUALS.—In the case of an graph (4)(A), as so redesignated, and insert- graph) by reason of subsection (h)(2), the tax- individual, paragraph (1) shall apply only to ing ‘‘paragraph (3)’’; and payer fails to attach to the return of tax for transactions entered into in connection with (C) by inserting after paragraph (1) the fol- such taxable year a copy of the binding con- a trade or business or an activity engaged in lowing new paragraph: tract which meets the requirements of sub- for the production of income. ‘‘(2) EXCEPTION.—Paragraph (1) shall not section (h)(2).’’. ‘‘(C) OTHER COMMON LAW DOCTRINES NOT AF- apply to any portion of an underpayment (b) MODIFICATION OF EFFECTIVE DATE OF FECTED.—Except as specifically provided in which is attributable to one or more trans- DOCUMENTATION REQUIREMENTS.—Paragraph this subsection, the provisions of this sub- actions described in section 6662(b)(6).’’. (2) of section 12(e) of the Worker, Homeown- section shall not be construed as altering or (2) REASONABLE CAUSE EXCEPTION FOR RE- ership, and Business Assistance Act of 2009 is supplanting any other rule of law, and the PORTABLE TRANSACTION UNDERSTATEMENTS.— amended by striking ‘‘returns for taxable requirements of this subsection shall be con- Subsection (d) of section 6664 is amended— years ending after the date of the enactment strued as being in addition to any such other (A) by redesignating paragraphs (2) and (3) of this Act’’ and inserting ‘‘returns filed rule of law. as paragraphs (3) and (4), respectively; after the date of the enactment of this Act’’. ‘‘(D) DETERMINATION OF APPLICATION OF (B) by striking ‘‘paragraph (2)(C)’’ in para- (c) EFFECTIVE DATES.— DOCTRINE NOT AFFECTED.—The determination graph (4), as so redesignated, and inserting (1) DOCUMENTATION REQUIREMENTS.—The of whether the economic substance doctrine ‘‘paragraph (3)(C)’’; and amendments made by subsection (a) shall is relevant to a transaction shall be made in (C) by inserting after paragraph (1) the fol- apply to purchases on or after the date of the enactment of this Act. the same manner as if this subsection had lowing new paragraph: never been enacted. ‘‘(2) EXCEPTION.—Paragraph (1) shall not (2) EFFECTIVE DATE OF WORKER, HOMEOWN- ‘‘(E) TRANSACTION.—The term ‘transaction’ apply to any portion of a reportable trans- ERSHIP, AND BUSINESS ASSISTANCE ACT.—The amendment made by subsection (b) shall includes a series of transactions. action understatement which is attributable apply to purchases of a principal residence ‘‘(6) REGULATIONS.—The Secretary shall to one or more transactions described in sec- on or after the date of the enactment of the prescribe such regulations as may be nec- tion 6662(b)(6).’’. Worker, Homeownership, and Business As- essary or appropriate to carry out the pur- (d) APPLICATION OF PENALTY FOR ERRO- sistance Act of 2009. poses of this subsection.’’. NEOUS CLAIM FOR REFUND OR CREDIT TO NON- (b) PENALTY FOR UNDERPAYMENTS ATTRIB- ECONOMIC SUBSTANCE TRANSACTIONS.—Sec- Subtitle C—Economic Substance UTABLE TO TRANSACTIONS LACKING ECONOMIC tion 6676 is amended by redesignating sub- SEC. 421. CODIFICATION OF ECONOMIC SUB- SUBSTANCE.— section (c) as subsection (d) and inserting STANCE DOCTRINE; PENALTIES. (1) IN GENERAL.—Subsection (b) of section after subsection (b) the following new sub- (a) IN GENERAL.—Section 7701 is amended section: by redesignating subsection (o) as subsection 6662 is amended by inserting after paragraph ‘‘(c) NONECONOMIC SUBSTANCE TRANS- (p) and by inserting after subsection (n) the (5) the following new paragraph: ACTIONS TREATED AS LACKING REASONABLE following new subsection: ‘‘(6) Any disallowance of claimed tax bene- BASIS.—For purposes of this section, any ex- ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE fits by reason of a transaction lacking eco- cessive amount which is attributable to any DOCTRINE.— nomic substance (within the meaning of sec- transaction described in section 6662(b)(6) ‘‘(1) APPLICATION OF DOCTRINE.—In the case tion 7701(o)) or failing to meet the require- of any transaction to which the economic ments of any similar rule of law.’’. shall not be treated as having a reasonable substance doctrine is relevant, such trans- (2) INCREASED PENALTY FOR NONDISCLOSED basis.’’. FFECTIVE DATE.— action shall be treated as having economic TRANSACTIONS.—Section 6662 is amended by (e) E substance only if— adding at the end the following new sub- (1) IN GENERAL.—Except as otherwise pro- ‘‘(A) the transaction changes in a meaning- section: vided in this subsection, the amendments ful way (apart from Federal income tax ef- ‘‘(i) INCREASE IN PENALTY IN CASE OF NON- made by this section shall apply to trans- fects) the taxpayer’s economic position, and DISCLOSED NONECONOMIC SUBSTANCE TRANS- actions entered into after the date of the en- ‘‘(B) the taxpayer has a substantial pur- ACTIONS.— actment of this Act. pose (apart from Federal income tax effects) ‘‘(1) IN GENERAL.—In the case of any por- (2) UNDERPAYMENTS.—The amendments for entering into such transaction. tion of an underpayment which is attrib- made by subsections (b) and (c)(1) shall apply to underpayments attributable to trans- ‘‘(2) SPECIAL RULE WHERE TAXPAYER RELIES utable to one or more nondisclosed non- actions entered into after the date of the en- ON PROFIT POTENTIAL.— economic substance transactions, subsection actment of this Act. ‘‘(A) IN GENERAL.—The potential for profit (a) shall be applied with respect to such por- of a transaction shall be taken into account tion by substituting ‘40 percent’ for ‘20 per- (3) UNDERSTATEMENTS.—The amendments in determining whether the requirements of cent’. made by subsection (c)(2) shall apply to un- subparagraphs (A) and (B) of paragraph (1) ‘‘(2) NONDISCLOSED NONECONOMIC SUBSTANCE derstatements attributable to transactions are met with respect to the transaction only TRANSACTIONS.—For purposes of this sub- entered into after the date of the enactment if the present value of the reasonably ex- section, the term ‘nondisclosed noneconomic of this Act. pected pre-tax profit from the transaction is substance transaction’ means any portion of (4) REFUNDS AND CREDITS.—The amendment substantial in relation to the present value a transaction described in subsection (b)(6) made by subsection (d) shall apply to refunds of the expected net tax benefits that would with respect to which the relevant facts af- and credits attributable to transactions en- be allowed if the transaction were respected. fecting the tax treatment are not adequately tered into after the date of the enactment of this Act. ‘‘(B) TREATMENT OF FEES AND FOREIGN disclosed in the return nor in a statement at- TAXES.—Fees and other transaction expenses tached to the return. Subtitle D—Additional Provisions shall be taken into account as expenses in ‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.— SEC. 431. REVISION TO THE MEDICARE IMPROVE- determining pre-tax profit under subpara- Except as provided in regulations, in no MENT FUND. graph (A). The Secretary may issue regula- event shall any amendment or supplement to Section 1898(b)(1)(A) of the Social Security tions requiring foreign taxes to be treated as a return of tax be taken into account for Act (42 U.S.C. 1395iii(b)(1)(A)), as amended by expenses in determining pre-tax profit in ap- purposes of this subsection if the amendment section 1011(b) of the Department of Defense propriate cases. or supplement is filed after the earlier of the Appropriations Act, 2010 (Public Law 111– ‘‘(3) STATE AND LOCAL TAX BENEFITS.—For date the taxpayer is first contacted by the 118), is amended by striking ‘‘$20,740,000,000’’ purposes of paragraph (1), any State or local Secretary regarding the examination of the and inserting ‘‘$12,740,000,000’’. income tax effect which is related to a Fed- return or such other date as is specified by TITLE V—SATELLITE TELEVISION eral income tax effect shall be treated in the the Secretary.’’. EXTENSION same manner as a Federal income tax effect. (3) CONFORMING AMENDMENT.—Subpara- SEC. 501. SHORT TITLE. ‘‘(4) FINANCIAL ACCOUNTING BENEFITS.—For graph (B) of section 6662A(e)(2) is amended— This title may be cited as the ‘‘Satellite purposes of paragraph (1)(B), achieving a fi- (A) by striking ‘‘section 6662(h)’’ and in- Television Extension and Localism Act of nancial accounting benefit shall not be serting ‘‘subsections (h) or (i) of section 2010’’. taken into account as a purpose for entering 6662’’; and into a transaction if the origin of such finan- (B) by striking ‘‘GROSS VALUATION Subtitle A—Statutory Licenses cial accounting benefit is a reduction of Fed- MISSTATEMENT PENALTY’’ in the heading and SEC. 501. REFERENCE. eral income tax. inserting ‘‘CERTAIN INCREASED UNDER- Except as otherwise provided, whenever in ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For PAYMENT PENALTIES’’. this subtitle an amendment is made to a sec- purposes of this subsection— (c) REASONABLE CAUSE EXCEPTION NOT AP- tion or other provision, the reference shall ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The PLICABLE TO NONECONOMIC SUBSTANCE TRANS- be considered to be made to such section or term ‘economic substance doctrine’ means ACTIONS.— provision of title 17, United States Code.

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SEC. 502. MODIFICATIONS TO STATUTORY LI- (3) by redesignating paragraphs (2), (3), and (i) in the heading, by striking ‘‘COMPUL- CENSE FOR SATELLITE CARRIERS. (4) as paragraphs (3), (4), and (5), respec- SORY ARBITRATION’’ and inserting ‘‘ COPY- (a) HEADING RENAMED.— tively; RIGHT ROYALTY JUDGES PROCEEDING’’; (1) IN GENERAL.—The heading of section 119 (4) by inserting after paragraph (1) the fol- (ii) in clause (i)— is amended by striking ‘‘superstations and lowing: (I) in the heading, by striking ‘‘PRO- network stations for private home viewing’’ ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE CEEDINGS’’ and inserting ‘‘THE PROCEEDING’’; and inserting ‘‘distant television program- PAYMENTS.—The Register of Copyrights shall (II) in the matter preceding subclause (I)— ming by satellite’’. issue regulations to permit interested par- (aa) by striking ‘‘May 1, 2005, the Librarian (2) TABLE OF CONTENTS.—The table of con- ties to verify and audit the statements of ac- of Congress’’ and inserting ‘‘May 3, 2010, the tents for chapter 1 is amended by striking count and royalty fees submitted by satellite Copyright Royalty Judges’’; the item relating to section 119 and inserting carriers under this subsection.’’; (bb) by striking ‘‘arbitration proceedings’’ the following: (5) in paragraph (3), as redesignated, in the and inserting ‘‘a proceeding’’; first sentence— (cc) by striking ‘‘fee to be paid’’ and insert- ‘‘119. Limitations on exclusive rights: Sec- (A) by inserting ‘‘(including the filing fee ing ‘‘fees to be paid’’; ondary transmissions of distant specified in paragraph (1)(C))’’ after ‘‘shall (dd) by striking ‘‘primary analog trans- television programming by sat- receive all fees’’; and mission’’ and inserting ‘‘the primary trans- ellite.’’. (B) by striking ‘‘paragraph (4)’’ and insert- missions’’; and (b) UNSERVED HOUSEHOLD DEFINED.— ing ‘‘paragraph (5)’’; (ee) by striking ‘‘distributors’’ and insert- (1) IN GENERAL.—Section 119(d)(10) is (6) in paragraph (4), as redesignated— ing ‘‘distributors—’’; amended— (A) by striking ‘‘paragraph (2)’’ and insert- (III) in subclause (II)— (A) by striking subparagraph (A) and in- ing ‘‘paragraph (3)’’; and (aa) by striking ‘‘Librarian of Congress’’ serting the following: (B) by striking ‘‘paragraph (4)’’ each place and inserting ‘‘Copyright Royalty Judges’’; ‘‘(A) cannot receive, through the use of an it appears and inserting ‘‘paragraph (5)’’; and and antenna, an over-the-air signal containing (7) in paragraph (5), as redesignated, by (bb) by striking ‘‘arbitration’’; and the primary stream, or, on or after the quali- striking ‘‘paragraph (2)’’ and inserting (IV) by amending the last sentence to read fying date, the multicast stream, originating ‘‘paragraph (3)’’. as follows: ‘‘Such proceeding shall be con- ducted under chapter 8.’’; in that household’s local market and affili- (e) ADJUSTMENT OF ROYALTY FEES.—Sec- ated with that network of— (iii) in clause (ii), by amending the matter tion 119(c) is amended as follows: preceding subclause (I) to read as follows: ‘‘(i) if the signal originates as an analog (1) Paragraph (1) is amended— ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In signal, Grade B intensity as defined by the (A) in the heading for such paragraph, by Federal Communications Commission in sec- determining royalty fees under this subpara- striking ‘‘ANALOG’’; graph, the Copyright Royalty Judges shall tion 73.683(a) of title 47, Code of Federal Reg- (B) in subparagraph (A)— ulations, as in effect on January 1, 1999; or establish fees for the secondary trans- (i) by striking ‘‘primary analog trans- missions of the primary transmissions of ‘‘(ii) if the signal originates as a digital missions’’ and inserting ‘‘primary trans- signal, intensity defined in the values for the network stations and non-network stations missions’’; and that most clearly represent the fair market digital television noise-limited service con- (ii) by striking ‘‘July 1, 2004’’ and inserting tour, as defined in regulations issued by the value of secondary transmissions, except ‘‘July 1, 2009’’; that the Copyright Royalty Judges shall ad- Federal Communications Commission (sec- (C) in subparagraph (B)— tion 73.622(e) of title 47, Code of Federal Reg- just royalty fees to account for the obliga- (i) by striking ‘‘January 2, 2005, the Librar- tions of the parties under any applicable vol- ulations), as such regulations may be amend- ian of Congress’’ and inserting ‘‘March 1, ed from time to time;’’; untary agreement filed with the Copyright 2010, the Copyright Royalty Judges’’; and Royalty Judges in accordance with subpara- (B) in subparagraph (B)— (ii) by striking ‘‘primary analog trans- (i) by striking ‘‘subsection (a)(14)’’ and in- graph (D). In determining the fair market mission’’ and inserting ‘‘primary trans- value, the Judges shall base their decision on serting ‘‘subsection (a)(13),’’; and missions’’; economic, competitive, and programming in- (ii) by striking ‘‘Satellite Home Viewer Ex- (D) in subparagraph (C), by striking ‘‘Li- formation presented by the parties, includ- tension and Reauthorization Act of 2004’’ and brarian of Congress’’ and inserting ‘‘Copy- ing—’’; inserting ‘‘Satellite Television Extension right Royalty Judges’’; (iv) by amending clause (iii) to read as fol- and Localism Act of 2010’’; and (E) in subparagraph (D)— lows: (C) in subparagraph (D), by striking (i) in clause (i)— ‘‘(iii) EFFECTIVE DATE FOR DECISION OF ‘‘(a)(12)’’ and inserting ‘‘(a)(11)’’. (I) by striking ‘‘(i) Voluntary agreements’’ COPYRIGHT ROYALTY JUDGES.—The obligation (2) QUALIFYING DATE DEFINED.—Section and inserting the following: to pay the royalty fees established under a 119(d) is amended by adding at the end the ‘‘(i) VOLUNTARY AGREEMENTS; FILING.—Vol- determination that is made by the Copyright following: untary agreements’’; and Royalty Judges in a proceeding under this ‘‘(14) QUALIFYING DATE.—The term ‘quali- (II) by striking ‘‘that a parties’’ and insert- paragraph shall be effective as of January 1, fying date’, for purposes of paragraph (10)(A), ing ‘‘that are parties’’; and 2010.’’; and means— (ii) in clause (ii)— (v) in clause (iv)— ‘‘(A) July 1, 2010, for multicast streams (I) by striking ‘‘(ii)(I) Within’’ and insert- (I) in the heading, by striking ‘‘FEE’’ and that exist on December 31, 2009; and ing the following: inserting ‘‘FEES’’; and ‘‘(B) January 1, 2011, for all other multicast ‘‘(ii) PROCEDURE FOR ADOPTION OF FEES.— (II) by striking ‘‘fee referred to in (iii)’’ and streams.’’. ‘‘(I) PUBLICATION OF NOTICE.—Within’’; inserting ‘‘fees referred to in clause (iii)’’. (c) FILING FEE.—Section 119(b)(1) is amend- (II) in subclause (I), by striking ‘‘an arbi- (2) Paragraph (2) is amended to read as fol- ed— tration proceeding pursuant to subparagraph lows: (1) in subparagraph (A), by striking ‘‘and’’ (E)’’ and inserting ‘‘a proceeding under sub- ‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.— after the semicolon at the end; paragraph (F)’’; Effective January 1 of each year, the royalty (2) in subparagraph (B), by striking the pe- (III) in subclause (II), by striking ‘‘(II) fee payable under subsection (b)(1)(B) for the riod and inserting ‘‘; and’’; and Upon receiving a request under subclause (I), secondary transmission of the primary (3) by adding at the end the following: the Librarian of Congress’’ and inserting the transmissions of network stations and non- ‘‘(C) a filing fee, as determined by the Reg- following: network stations shall be adjusted by the ister of Copyrights pursuant to section ‘‘(II) PUBLIC NOTICE OF FEES.—Upon receiv- Copyright Royalty Judges to reflect any 708(a).’’. ing a request under subclause (I), the Copy- changes occurring in the cost of living as de- (d) DEPOSIT OF STATEMENTS AND FEES; right Royalty Judges’’; and termined by the most recent Consumer Price VERIFICATION PROCEDURES.—Section 119(b) is (IV) in subclause (III)— Index (for all consumers and for all items) amended— (aa) by striking ‘‘(III) The Librarian’’ and published by the Secretary of Labor before (1) by amending the subsection heading to inserting the following: December 1 of the preceding year. Notifica- read as follows: ‘‘(b) DEPOSIT OF STATEMENTS ‘‘(III) ADOPTION OF FEES.—The Copyright tion of the adjusted fees shall be published in AND FEES; VERIFICATION PROCEDURES.—’’; Royalty Judges’’; the Federal Register at least 25 days before (2) in paragraph (1), by striking subpara- (bb) by striking ‘‘an arbitration pro- January 1.’’. graph (B) and inserting the following: ceeding’’ and inserting ‘‘the proceeding (f) DEFINITIONS.— ‘‘(B) a royalty fee payable to copyright under subparagraph (F)’’; and (1) SUBSCRIBER.—Section 119(d)(8) is owners pursuant to paragraph (4) for that 6- (cc) by striking ‘‘the arbitration pro- amended to read as follows: month period, computed by multiplying the ceeding’’ and inserting ‘‘that proceeding’’; ‘‘(8) SUBSCRIBER; SUBSCRIBE.— total number of subscribers receiving each (F) in subparagraph (E)— ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ secondary transmission of a primary stream (i) by striking ‘‘Copyright Office’’ and in- means a person or entity that receives a sec- or multicast stream of each non-network serting ‘‘Copyright Royalty Judges’’; and ondary transmission service from a satellite station or network station during each cal- (ii) by striking ‘‘February 28, 2010’’ and in- carrier and pays a fee for the service, di- endar year month by the appropriate rate in serting ‘‘December 31, 2014’’; and rectly or indirectly, to the satellite carrier effect under this subsection; and’’; (G) in subparagraph (F)— or to a distributor.

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‘‘(B) SUBSCRIBE.—The term ‘subscribe’ than 90 days after commencing such sec- work pursuant to the statutory license under means to elect to become a subscriber.’’. ondary transmissions, submit to the network section 122. (2) LOCAL MARKET.—Section 119(d)(11) is that owns or is affiliated with the network ‘‘(C) FUTURE APPLICABILITY.— amended to read as follows: station a list identifying (by name and ad- ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME ‘‘(11) LOCAL MARKET.—The term ‘local mar- dress, including street or rural route num- OF SUBSCRIPTION.—The statutory license ket’ has the meaning given such term under ber, city, State, and 9-digit zip code) all sub- under paragraph (2) shall not apply to the section 122(j).’’. scribers to which the satellite carrier makes secondary transmission by a satellite carrier (3) LOW POWER TELEVISION STATION.—Sec- secondary transmissions of that primary of the primary transmission of a network tion 119(d) is amended by striking paragraph transmission to subscribers in unserved station to a person who is not a subscriber (12) and redesignating paragraphs (13) and households. lawfully receiving such secondary trans- (14) as paragraphs (12) and (13), respectively. ‘‘(ii) MONTHLY LISTS.—After the submission mission as of the date of the enactment of (4) MULTICAST STREAM.—Section 119(d), as of the initial lists under clause (i), the sat- the Satellite Television Extension and Lo- amended by paragraph (3), is further amend- ellite carrier shall, not later than the 15th of calism Act of 2010 and, at the time such per- ed by adding at the end the following new each month, submit to the network a list, son seeks to subscribe to receive such sec- paragraph: aggregated by designated market area, iden- ondary transmission, resides in a local mar- ‘‘(14) MULTICAST STREAM.—The term tifying (by name and address, including ket where the satellite carrier makes avail- ‘multicast stream’ means a digital stream street or rural route number, city, State, able to that person the secondary trans- containing programming and program-re- and 9-digit zip code) any persons who have mission of the primary transmission of a lated material affiliated with a television been added or dropped as subscribers under local network station affiliated with the network, other than the primary stream.’’. clause (i) since the last submission under same network pursuant to the statutory li- (5) PRIMARY STREAM.—Section 119(d), as this subparagraph.’’; and cense under section 122. amended by paragraph (4), is further amend- (iii) in subparagraph (E) of paragraph (3) ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE AFTER ed by adding at the end the following new (as redesignated)— SUBSCRIPTION.—In the case of a subscriber paragraph: (I) by striking ‘‘under paragraph (3) or’’; who lawfully subscribes to and receives the ‘‘(15) PRIMARY STREAM.—The term ‘primary and stream’ means— (II) by striking ‘‘paragraph (12)’’ and in- secondary transmission by a satellite carrier ‘‘(A) the single digital stream of program- serting ‘‘paragraph (11)’’; and of the primary transmission of a network ming as to which a television broadcast sta- (B) in subsection (b)(1), by striking the station under the statutory license under tion has the right to mandatory carriage final sentence. paragraph (2) (in this clause referred to as with a satellite carrier under the rules of the (i) MODIFICATIONS TO PROVISIONS FOR SEC- the ‘distant signal’) on or after the date of Federal Communications Commission in ef- ONDARY TRANSMISSIONS BY SATELLITE CAR- the enactment of the Satellite Television fect on July 1, 2009; or RIERS.— Extension and Localism Act of 2010, the stat- ‘‘(B) if there is no stream described in sub- (1) PREDICTIVE MODEL.—Section utory license under paragraph (2) shall apply paragraph (A), then either— 119(a)(2)(B)(ii) is amended by adding at the to secondary transmissions by that satellite ‘‘(i) the single digital stream of program- end the following: carrier to that subscriber of the distant sig- ming associated with the network last trans- ‘‘(III) ACCURATE PREDICTIVE MODEL WITH RE- nal of a station affiliated with the same tele- mitted by the station as an analog signal; or SPECT TO DIGITAL SIGNALS.—Notwithstanding vision network, and the subscriber’s house- ‘‘(ii) if there is no stream described in subclause (I), in determining presumptively hold shall continue to be considered to be an clause (i), then the single digital stream of whether a person resides in an unserved unserved household with respect to such net- programming affiliated with the network household under subsection (d)(10)(A) with work, until such time as the subscriber that, as of July 1, 2009, had been offered by respect to digital signals, a court shall rely elects to terminate such secondary trans- the television broadcast station for the long- on a predictive model set forth by the Fed- missions, but only if such subscriber sub- est period of time.’’. eral Communications Commission pursuant scribes to the secondary transmission of the (6) CLERICAL AMENDMENT.—Section 119(d) is to a rulemaking as provided in section primary transmission of a local network sta- amended in paragraphs (1), (2), and (5) by 339(c)(3) of the Communications Act of 1934 tion affiliated with the same network within striking ‘‘which’’ each place it appears and (47 U.S.C. 339(c)(3)), as that model may be 60 days after the satellite carrier makes inserting ‘‘that’’. amended by the Commission over time under available to the subscriber such secondary (g) SUPERSTATION REDESIGNATED AS NON- such section to increase the accuracy of that transmission of the primary transmission of NETWORK STATION.—Section 119 is amended— model. Until such time as the Commission such local network station.’’; (1) by striking ‘‘superstation’’ each place it sets forth such model, a court shall rely on (C) by redesignating subparagraphs (E), appears in a heading and each place it ap- the predictive model as recommended by the (F), and (G) as subparagraphs (D), (E), and pears in text and inserting ‘‘non-network Commission with respect to digital signals (F), respectively; station’’; and in its Report to Congress in ET Docket No. (D) in subparagraph (E) (as redesignated), (2) by striking ‘‘superstations’’ each place 05–182, FCC 05–199 (released December 9, by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or it appears in a heading and each place it ap- 2005).’’. (C)’’; and pears in text and inserting ‘‘non-network (2) MODIFICATIONS TO STATUTORY LICENSE (E) in subparagraph (F) (as redesignated), WHERE RETRANSMISSIONS INTO LOCAL MARKET stations’’. by inserting ‘‘9-digit’’ before ‘‘zip code’’. (h) REMOVAL OF CERTAIN PROVISIONS.— AVAILABLE.—Section 119(a)(3) (as redesig- (3) STATUTORY DAMAGES FOR TERRITORIAL (1) REMOVAL OF PROVISIONS.—Section 119(a) nated) is amended— RESTRICTIONS.—Section 119(a)(6) (as redesig- is amended— (A) by striking ‘‘analog’’ each place it ap- nated) is amended— (A) in paragraph (2), by striking subpara- pears in a heading and text; (A) in subparagraph (A)(ii), by striking graph (C) and redesignating subparagraph (B) by striking subparagraphs (B), (C), and ‘‘$5’’ and inserting ‘‘$250’’; (D) as subparagraph (C); (D), and inserting the following: (B) in subparagraph (B)—— (B) by striking paragraph (3) and redesig- ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF (i) in clause (i), by striking ‘‘$250,000 for nating paragraphs (4) through (14) as para- DATE OF ENACTMENT OF 2010 ACT.—In the case each 6-month period’’ and inserting graphs (3) through (13), respectively; and of a subscriber of a satellite carrier who, on ‘‘$2,500,000 for each 3-month period’’; and (C) by striking paragraph (15) and redesig- the day before the date of the enactment of (ii) in clause (ii), by striking ‘‘$250,000’’ and nating paragraph (16) as paragraph (14). the Satellite Television Extension and Lo- inserting ‘‘$2,500,000’’; and (2) CONFORMING AMENDMENTS.—Section 119 calism Act of 2010, was lawfully receiving the is amended— secondary transmission of the primary (C) by adding at the end the following flush (A) in subsection (a)— transmission of a network station under the sentences: (i) in paragraph (1), by striking ‘‘(5), (6), statutory license under paragraph (2) (in this ‘‘The court shall direct one half of any statu- and (8)’’ and inserting ‘‘(4), (5), and (7)’’; subparagraph referred to as the ‘distant sig- tory damages ordered under clause (i) to be (ii) in paragraph (2)— nal’), other than subscribers to whom sub- deposited with the Register of Copyrights for (I) in subparagraph (A), by striking ‘‘sub- paragraph (A) applies, the statutory license distribution to copyright owners pursuant to paragraphs (B) and (C) of this paragraph and under paragraph (2) shall apply to secondary subsection (b). The Copyright Royalty paragraphs (5), (6), (7), and (8)’’ and inserting transmissions by that satellite carrier to Judges shall issue regulations establishing ‘‘subparagraph (B) of this paragraph and that subscriber of the distant signal of a sta- procedures for distributing such funds, on a paragraphs (4), (5), (6), and (7)’’; tion affiliated with the same television net- proportional basis, to copyright owners (II) in subparagraph (B)(i), by striking the work, and the subscriber’s household shall whose works were included in the secondary second sentence; and continue to be considered to be an unserved transmissions that were the subject of the (III) in subparagraph (C) (as redesignated), household with respect to such network, statutory damages.’’. by striking clauses (i) and (ii) and inserting until such time as the subscriber elects to (4) TECHNICAL AMENDMENT.—Section the following: terminate such secondary transmissions, 119(a)(4) (as redesignated) is amended by ‘‘(i) INITIAL LISTS.—A satellite carrier that whether or not the subscriber elects to sub- striking ‘‘and 509’’. makes secondary transmissions of a primary scribe to receive the secondary transmission (5) CLERICAL AMENDMENT.—Section transmission made by a network station pur- of the primary transmission of a local net- 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In suant to subparagraph (A) shall, not later work station affiliated with the same net- this clause’’ and inserting ‘‘In this clause,’’.

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(j) MORATORIUM EXTENSION.—Section 119(e) station or non-network station shall accept ‘‘(i) on January 1, 2004, were in local mar- is amended by striking ‘‘February 28, 2010’’ or reject the subscriber’s request for a waiv- kets principally comprised of counties in an- and inserting ‘‘December 31, 2014’’. er within 30 days after receipt of the request. other State, and (k) CLERICAL AMENDMENTS.—Section 119 is If the network station or non-network sta- ‘‘(ii) had a combined total of 41,340 tele- amended— tion fails to accept or reject the subscriber’s vision households, according to the U.S. Tel- (1) by striking ‘‘of the Code of Federal Reg- request for a waiver within that 30-day pe- evision Household Estimates by Nielsen ulations’’ each place it appears and inserting riod, that network station or non-network Media Research for 2004, ‘‘, Code of Federal Regulations’’; and station shall be deemed to agree to the waiv- the statutory license provided under this (2) in subsection (d)(6), by striking ‘‘or the er request. paragraph shall apply to secondary trans- Direct’’ and inserting ‘‘, or the Direct’’. ‘‘(3) SECONDARY TRANSMISSION OF LOW missions by a satellite carrier to subscribers SEC. 503. MODIFICATIONS TO STATUTORY LI- POWER PROGRAMMING.— in any such county of the primary trans- CENSE FOR SATELLITE CARRIERS IN ‘‘(A) IN GENERAL.—Subject to subpara- missions of any network station located in LOCAL MARKETS. graphs (B) and (C), a secondary transmission that State, if the satellite carrier was mak- (a) HEADING RENAMED.— of a performance or display of a work em- ing such secondary transmissions to any sub- (1) IN GENERAL.—The heading of section 122 bodied in a primary transmission of a tele- scribers in that county on January 1, 2004. is amended by striking ‘‘by satellite carriers vision broadcast station to subscribers who ‘‘(D) CERTAIN ADDITIONAL STATIONS.—If 2 within local markets’’ and inserting ‘‘of local receive secondary transmissions of primary adjacent counties in a single State are in a television programming by satellite’’. transmissions under paragraph (1) shall be local market comprised principally of coun- (2) TABLE OF CONTENTS.—The table of con- subject to statutory licensing under this ties located in another State, the statutory tents for chapter 1 is amended by striking paragraph if the secondary transmission is of license provided for in this paragraph shall the item relating to section 122 and inserting the primary transmission of a television apply to the secondary transmission by a the following: broadcast station that is licensed as a low satellite carrier to subscribers in those 2 ‘‘122. Limitations on exclusive rights: Sec- power television station, to a subscriber who counties of the primary transmissions of any ondary transmissions of local resides within the same designated market network station located in the capital of the television programming by sat- area as the station that originates the trans- State in which such 2 counties are located, ellite.’’. mission. if— (b) STATUTORY LICENSE.—Section 122(a) is ‘‘(B) NO APPLICABILITY TO REPEATERS AND ‘‘(i) the 2 counties are located in a local amended to read as follows: TRANSLATORS.—Secondary transmissions market that is in the top 100 markets for the ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL provided for in subparagraph (A) shall not year 2003 according to Nielsen Media Re- MARKETS.— apply to any low power television station search; and ‘‘(ii) the total number of television house- ‘‘(1) SECONDARY TRANSMISSIONS OF TELE- that retransmits the programs and signals of holds in the 2 counties combined did not ex- VISION BROADCAST STATIONS WITHIN A LOCAL another television station for more than 2 ceed 10,000 for the year 2003 according to MARKET.—A secondary transmission of a per- hours each day. Nielsen Media Research. formance or display of a work embodied in a ‘‘(C) NO IMPACT ON OTHER SECONDARY ‘‘(E) NETWORKS OF NONCOMMERCIAL EDU- primary transmission of a television broad- TRANSMISSIONS OBLIGATIONS.—A satellite car- CATIONAL BROADCAST STATIONS.—In the case cast station into the station’s local market rier that makes secondary transmissions of a of a system of three or more noncommercial shall be subject to statutory licensing under primary transmission of a low power tele- educational broadcast stations licensed to a this section if— vision station under a statutory license pro- single State, public agency, or political, edu- ‘‘(A) the secondary transmission is made vided under this section is not required, by cational, or special purpose subdivision of a by a satellite carrier to the public; reason of such secondary transmissions, to State, the statutory license provided for in ‘‘(B) with regard to secondary trans- make any other secondary transmissions. this paragraph shall apply to the secondary missions, the satellite carrier is in compli- ‘‘(4) SPECIAL EXCEPTIONS.—A secondary transmission of the primary transmission of ance with the rules, regulations, or author- transmission of a performance or display of a such system to any subscriber in any county izations of the Federal Communications work embodied in a primary transmission of or county equivalent within such State, if a television broadcast station to subscribers Commission governing the carriage of tele- such subscriber is located in a designated vision broadcast station signals; and who receive secondary transmissions of pri- market area that is not otherwise eligible to ‘‘(C) the satellite carrier makes a direct or mary transmissions under paragraph (1) receive the secondary transmission of the indirect charge for the secondary trans- shall, if the secondary transmission is made primary transmission of a noncommercial mission to— by a satellite carrier that complies with the educational broadcast station located within ‘‘(i) each subscriber receiving the sec- requirements of paragraph (1), be subject to the State pursuant to paragraph (1). ondary transmission; or statutory licensing under this paragraph as ‘‘(5) APPLICABILITY OF ROYALTY RATES AND ‘‘(ii) a distributor that has contracted with follows: PROCEDURES.—The royalty rates and proce- the satellite carrier for direct or indirect de- ‘‘(A) STATES WITH SINGLE FULL-POWER NET- dures under section 119(b) shall apply to the livery of the secondary transmission to the WORK STATION.—In a State in which there is secondary transmissions to which the statu- public. licensed by the Federal Communications tory license under paragraph (4) applies.’’. ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— Commission a single full-power station that (c) REPORTING REQUIREMENTS.—Section ‘‘(A) IN GENERAL.—A secondary trans- was a network station on January 1, 1995, the 122(b) is amended— mission of a performance or display of a statutory license provided for in this para- (1) in paragraph (1), by striking ‘‘station a work embodied in a primary transmission of graph shall apply to the secondary trans- list’’ and all that follows through the end a television broadcast station to subscribers mission by a satellite carrier of the primary and inserting the following: ‘‘station— who receive secondary transmissions of pri- transmission of that station to any sub- ‘‘(A) a list identifying (by name in alpha- mary transmissions under paragraph (1) scriber in a community that is located with- betical order and street address, including shall be subject to statutory licensing under in that State and that is not within the first county and 9-digit zip code) all subscribers to this paragraph if the secondary transmission 50 television markets as listed in the regula- which the satellite carrier makes secondary is of the primary transmission of a network tions of the Commission as in effect on such transmissions of that primary transmission station or a non-network station to a sub- date (47 C.F.R. 76.51). under subsection (a); and scriber who resides outside the station’s ‘‘(B) STATES WITH ALL NETWORK STATIONS ‘‘(B) a separate list, aggregated by des- local market but within a community in AND NON-NETWORK STATIONS IN SAME LOCAL ignated market area (by name and address, which the signal has been determined by the MARKET.—In a State in which all network including street or rural route number, city, Federal Communications Commission to be stations and non-network stations licensed State, and 9-digit zip code), which shall indi- significantly viewed in such community, by the Federal Communications Commission cate those subscribers being served pursuant pursuant to the rules, regulations, and au- within that State as of January 1, 1995, are to paragraph (2) of subsection (a).’’; and thorizations of the Federal Communications assigned to the same local market and that (2) in paragraph (2), by striking ‘‘network a Commission in effect on April 15, 1976, appli- local market does not encompass all coun- list’’ and all that follows through the end cable to determining with respect to a cable ties of that State, the statutory license pro- and inserting the following: ‘‘network— system whether signals are significantly vided under this paragraph shall apply to the ‘‘(A) a list identifying (by name in alpha- viewed in a community. secondary transmission by a satellite carrier betical order and street address, including ‘‘(B) WAIVER.—A subscriber who is denied of the primary transmissions of such station county and 9-digit zip code) any subscribers the secondary transmission of the primary to all subscribers in the State who reside in who have been added or dropped as sub- transmission of a network station or a non- a local market that is within the first 50 scribers since the last submission under this network station under subparagraph (A) may major television markets as listed in the subsection; and request a waiver from such denial by submit- regulations of the Commission as in effect on ‘‘(B) a separate list, aggregated by des- ting a request, through the subscriber’s sat- such date (section 76.51 of title 47, Code of ignated market area (by name and street ad- ellite carrier, to the network station or non- Federal Regulations). dress, including street or rural route num- network station in the local market affili- ‘‘(C) ADDITIONAL STATIONS.—In the case of ber, city, State, and 9-digit zip code), identi- ated with the same network or non-network that State in which are located 4 counties fying those subscribers whose service pursu- where the subscriber is located. The network that— ant to paragraph (2) of subsection (a) has

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.106 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1081 been added or dropped since the last submis- the item relating to section 111 and inserting paragraph (C)(iii), or that amends a state- sion under this subsection.’’. the following: ment filed before such date of enactment to (d) NO ROYALTY FEE FOR CERTAIN SEC- ‘‘111. Limitations on exclusive rights: Sec- compute the royalty fee due using such ONDARY TRANSMISSIONS.—Section 122(c) is ondary transmissions of broad- methodology, shall not be subject to an ac- amended— cast programming by cable.’’. tion for infringement, or eligible for any roy- (1) in the heading, by inserting ‘‘FOR CER- (b) TECHNICAL AMENDMENT.—Section alty refund or offset, arising out of its use of TAIN SECONDARY TRANSMISSIONS’’ after ‘‘RE- 111(a)(4) is amended by striking ‘‘; or’’ and such methodology on such statement. QUIRED’’; and inserting ‘‘or section 122;’’. ‘‘(E) If the actual gross receipts paid by (2) by striking ‘‘subsection (a)’’ and insert- (c) STATUTORY LICENSE FOR SECONDARY subscribers to a cable system for the period ing ‘‘paragraphs (1), (2), and (3) of subsection TRANSMISSIONS BY CABLE SYSTEMS.—Section covered by the statement for the basic serv- (a)’’. 111(d) is amended— ice of providing secondary transmissions of (e) VIOLATIONS FOR TERRITORIAL RESTRIC- (1) in paragraph (1)— primary broadcast transmitters are $263,800 TIONS.— (A) in the matter preceding subparagraph or less— (1) MODIFICATION TO STATUTORY DAMAGES.— ‘‘(i) gross receipts of the cable system for Section 122(f) is amended— (A)— (A) in paragraph (1)(B), by striking ‘‘$5’’ (i) by striking ‘‘A cable system whose sec- the purpose of this paragraph shall be com- and inserting ‘‘$250’’; and ondary’’ and inserting the following: puted by subtracting from such actual gross (B) in paragraph (2), by striking ‘‘$250,000’’ ‘‘STATEMENT OF ACCOUNT AND ROYALTY receipts the amount by which $263,800 ex- each place it appears and inserting FEES.—Subject to paragraph (5), a cable sys- ceeds such actual gross receipts, except that ‘‘$2,500,000’’. tem whose secondary’’; and in no case shall a cable system’s gross re- (2) CONFORMING AMENDMENTS FOR ADDI- (ii) by striking ‘‘by regulation—’’ and in- ceipts be reduced to less than $10,400; and TIONAL STATIONS.—Section 122 is amended— serting ‘‘by regulation the following:’’; ‘‘(ii) the royalty fee payable under this (A) in subsection (f), by striking ‘‘section (B) in subparagraph (A)— paragraph to copyright owners pursuant to 119 or’’ each place it appears and inserting (i) by striking ‘‘a statement of account’’ paragraph (3) shall be 0.5 percent, regardless the following: ‘‘section 119, subject to statu- and inserting ‘‘A statement of account’’; and of the number of distant signal equivalents, tory licensing by reason of paragraph (2)(A), (ii) by striking ‘‘; and’’ and inserting a pe- if any. (3), or (4) of subsection (a), or subject to’’; riod; and ‘‘(F) If the actual gross receipts paid by and (C) by striking subparagraphs (B), (C), and subscribers to a cable system for the period (B) in subsection (g), by striking ‘‘section (D) and inserting the following: covered by the statement for the basic serv- 119 or’’ and inserting the following: ‘‘section ‘‘(B) Except in the case of a cable system ice of providing secondary transmissions of 119, paragraph (2)(A), (3), or (4) of subsection whose royalty fee is specified in subpara- primary broadcast transmitters are more (a), or’’. graph (E) or (F), a total royalty fee payable than $263,800 but less than $527,600, the roy- (f) DEFINITIONS.—Section 122(j) is amend- to copyright owners pursuant to paragraph alty fee payable under this paragraph to ed— (3) for the period covered by the statement, copyright owners pursuant to paragraph (3) (1) in paragraph (1), by striking ‘‘which computed on the basis of specified percent- shall be— contracts’’ and inserting ‘‘that contracts’’; ages of the gross receipts from subscribers to ‘‘(i) 0.5 percent of any gross receipts up to (2) by redesignating paragraphs (4) and (5) the cable service during such period for the $263,800, regardless of the number of distant as paragraphs (6) and (7), respectively; basic service of providing secondary trans- signal equivalents, if any; and (3) in paragraph (3)— missions of primary broadcast transmitters, ‘‘(ii) 1 percent of any gross receipts in ex- (A) by redesignating such paragraph as as follows: cess of $263,800, but less than $527,600, regard- paragraph (4); ‘‘(i) 1.064 percent of such gross receipts for less of the number of distant signal equiva- (B) in the heading of such paragraph, by in- the privilege of further transmitting, beyond lents, if any. serting ‘‘NON-NETWORK STATION;’’ after ‘‘NET- the local service area of such primary trans- ‘‘(G) A filing fee, as determined by the Reg- WORK STATION;’’; and mitter, any non-network programming of a ister of Copyrights pursuant to section (C) by inserting ‘‘ ‘non-network station’,’’ primary transmitter in whole or in part, 708(a).’’; after ‘‘ ‘network station’,’’; such amount to be applied against the fee, if (2) in paragraph (2), in the first sentence— (4) by inserting after paragraph (2) the fol- any, payable pursuant to clauses (ii) through (A) by striking ‘‘The Register of Copy- lowing: (iv); rights’’ and inserting the following ‘‘HAN- ‘‘(3) LOW POWER TELEVISION STATION.—The ‘‘(ii) 1.064 percent of such gross receipts for DLING OF FEES.—The Register of Copyrights’’; term ‘low power television station’ means a the first distant signal equivalent; and low power TV station as defined in section ‘‘(iii) 0.701 percent of such gross receipts (B) by inserting ‘‘(including the filing fee 74.701(f) of title 47, Code of Federal Regula- for each of the second, third, and fourth dis- specified in paragraph (1)(G))’’ after ‘‘shall tions, as in effect on June 1, 2004. For pur- tant signal equivalents; and receive all fees’’; poses of this paragraph, the term ‘low power ‘‘(iv) 0.330 percent of such gross receipts for (3) in paragraph (3)— television station’ includes a low power tele- the fifth distant signal equivalent and each (A) by striking ‘‘The royalty fees’’ and in- vision station that has been accorded pri- distant signal equivalent thereafter. serting the following: ‘‘DISTRIBUTION OF ROY- mary status as a Class A television licensee ‘‘(C) In computing amounts under clauses ALTY FEES TO COPYRIGHT OWNERS.—The roy- under section 73.6001(a) of title 47, Code of (ii) through (iv) of subparagraph (B)— alty fees’’; Federal Regulations.’’; ‘‘(i) any fraction of a distant signal equiva- (B) in subparagraph (A)— (5) by inserting after paragraph (4) (as re- lent shall be computed at its fractional (i) by striking ‘‘any such’’ and inserting designated) the following: value; ‘‘Any such’’; and ‘‘(5) NONCOMMERCIAL EDUCATIONAL BROAD- ‘‘(ii) in the case of any cable system lo- (ii) by striking ‘‘; and’’ and inserting a pe- CAST STATION.—The term ‘noncommercial cated partly within and partly outside of the riod; educational broadcast station’ means a tele- local service area of a primary transmitter, (C) in subparagraph (B)— vision broadcast station that is a non- gross receipts shall be limited to those gross (i) by striking ‘‘any such’’ and inserting commercial educational broadcast station as receipts derived from subscribers located ‘‘Any such’’; and defined in section 397 of the Communications outside of the local service area of such pri- (ii) by striking the semicolon and inserting Act of 1934, as in effect on the date of the en- mary transmitter; and a period; and actment of the Satellite Television Exten- ‘‘(iii) if a cable system provides a sec- (D) in subparagraph (C), by striking ‘‘any sion and Localism Act of 2010.’’; and ondary transmission of a primary trans- such’’ and inserting ‘‘Any such’’; (6) by amending paragraph (6) (as redesig- mitter to some but not all communities (4) in paragraph (4), by striking ‘‘The roy- nated) to read as follows: served by that cable system— alty fees’’ and inserting the following: ‘‘PRO- ‘‘(6) SUBSCRIBER.—The term ‘subscriber’ ‘‘(I) the gross receipts and the distant sig- CEDURES FOR ROYALTY FEE DISTRIBUTION.— means a person or entity that receives a sec- nal equivalent values for such secondary The royalty fees’’; and ondary transmission service from a satellite transmission shall be derived solely on the (5) by adding at the end the following new carrier and pays a fee for the service, di- basis of the subscribers in those commu- paragraphs: rectly or indirectly, to the satellite carrier nities where the cable system provides such ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX- or to a distributor.’’. secondary transmission; and CLUSIVITY SURCHARGE NOT APPLICABLE TO SEC. 504. MODIFICATIONS TO CABLE SYSTEM ‘‘(II) the total royalty fee for the period MULTICAST STREAMS.—The royalty rates SECONDARY TRANSMISSION RIGHTS paid by such system shall not be less than specified in sections 256.2(c) and 256.2(d) of UNDER SECTION 111. the royalty fee calculated under subpara- title 37, Code of Federal Regulations (com- (a) HEADING RENAMED.— graph (B)(i) multiplied by the gross receipts monly referred to as the ‘3.75 percent rate’ (1) IN GENERAL.—The heading of section 111 from all subscribers to the system. and the ‘syndicated exclusivity surcharge’, is amended by inserting at the end the fol- ‘‘(D) A cable system that, on a statement respectively), as in effect on the date of the lowing: ‘‘of broadcast programming by submitted before the date of the enactment enactment of the Satellite Television Exten- cable’’. of the Satellite Television Extension and Lo- sion and Localism Act of 2010, as such rates (2) TABLE OF CONTENTS.—The table of con- calism Act of 2010, computed its royalty fee may be adjusted, or such sections redesig- tents for chapter 1 is amended by striking consistent with the methodology under sub- nated, thereafter by the Copyright Royalty

VerDate Nov 24 2008 04:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.106 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1082 CONGRESSIONAL RECORD — SENATE March 3, 2010 Judges, shall not apply to the secondary (B) by striking ‘‘ ‘cable system’ ’’ and in- mission, the value assigned for the sub- transmission of a multicast stream. serting ‘‘cable system’’; stituted or additional program shall be, in ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE (3) in the third undesignated paragraph— the case of a live program, the value of one PAYMENTS.—The Register of Copyrights shall (A) by striking ‘‘A ‘cable system’ ’’ and in- full distant signal equivalent multiplied by a issue regulations to provide for the confiden- serting the following: fraction that has as its numerator the num- tial verification by copyright owners whose ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; ber of days in the year in which such substi- works were embodied in the secondary trans- and tution occurs and as its denominator the missions of primary transmissions pursuant (B) by striking ‘‘Territory, Trust Terri- number of days in the year. to this section of the information reported tory, or Possession’’ and inserting ‘‘terri- ‘‘(iii) In the case of the secondary trans- on the semiannual statements of account tory, trust territory, or possession of the mission of a primary transmitter that is a filed under this subsection on or after Janu- United States’’; television broadcast station pursuant to the ary 1, 2010, in order that the auditor des- (4) in the fourth undesignated paragraph, ignated under subparagraph (A) is able to in the first sentence— late-night or specialty programming rules of confirm the correctness of the calculations (A) by striking ‘‘The ‘local service area of the Federal Communications Commission, or and royalty payments reported therein. The a primary transmitter’, in the case of a tele- the secondary transmission of a primary regulations shall— vision broadcast station, comprises the area transmitter that is a television broadcast ‘‘(A) establish procedures for the designa- in which such station is entitled to insist’’ station on a part-time basis where full-time tion of a qualified independent auditor— and inserting the following: carriage is not possible because the cable ‘‘(i) with exclusive authority to request ‘‘(4) LOCAL SERVICE AREA OF A PRIMARY system lacks the activated channel capacity verification of such a statement of account TRANSMITTER.—The ‘local service area of a to retransmit on a full-time basis all signals on behalf of all copyright owners whose primary transmitter’, in the case of both the that it is authorized to carry, the values for works were the subject of secondary trans- primary stream and any multicast streams independent, network, and noncommercial missions of primary transmissions by the transmitted by a primary transmitter that is educational stations set forth in subpara- cable system (that deposited the statement) a television broadcast station, comprises the graph (A), as the case may be, shall be multi- during the accounting period covered by the area where such primary transmitter could plied by a fraction that is equal to the ratio statement; and have insisted’’; of the broadcast hours of such primary ‘‘(ii) who is not an officer, employee, or (B) by striking ‘‘76.59 of title 47 of the Code transmitter retransmitted by the cable sys- agent of any such copyright owner for any of Federal Regulations’’ and inserting the tem to the total broadcast hours of the pri- purpose other than such audit; following: ‘‘76.59 of title 47, Code of Federal mary transmitter. ‘‘(B) establish procedures for safeguarding Regulations, or within the noise-limited con- ‘‘(iv) No value shall be assigned for the sec- all non-public financial and business infor- tour as defined in 73.622(e)(1) of title 47, Code ondary transmission of the primary stream mation provided under this paragraph; of Federal Regulations’’; and or any multicast streams of a primary trans- ‘‘(C)(i) require a consultation period for (C) by striking ‘‘as defined by the rules and mitter that is a television broadcast station the independent auditor to review its conclu- regulations of the Federal Communications in any community that is within the local sions with a designee of the cable system; Commission,’’; service area of the primary transmitter.’’; (5) by amending the fifth undesignated ‘‘(ii) establish a mechanism for the cable (6) by striking the sixth undesignated para- paragraph to read as follows: system to remedy any errors identified in graph and inserting the following: the auditor’s report and to cure any under- ‘‘(5) DISTANT SIGNAL EQUIVALENT.— ‘‘(6) NETWORK STATION.— payment identified; and ‘‘(A) IN GENERAL.—Except as provided ‘‘(A) TREATMENT OF PRIMARY STREAM.—The ‘‘(iii) provide an opportunity to remedy under subparagraph (B), a ‘distant signal term ‘network station’ shall be applied to a any disputed facts or conclusions; equivalent’— primary stream of a television broadcast sta- ‘‘(D) limit the frequency of requests for ‘‘(i) is the value assigned to the secondary tion that is owned or operated by, or affili- verification for a particular cable system transmission of any non-network television ated with, one or more of the television net- and the number of audits that a multiple programming carried by a cable system in system operator can be required to undergo whole or in part beyond the local service works in the United States providing nation- in a single year; and area of the primary transmitter of such pro- wide transmissions, and that transmits a ‘‘(E) permit requests for verification of a gramming; and substantial part of the programming sup- statement of account to be made only within ‘‘(ii) is computed by assigning a value of plied by such networks for a substantial part 3 years after the last day of the year in one to each primary stream and to each of the primary stream’s typical broadcast which the statement of account is filed. multicast stream (other than a simulcast) day. ‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.— that is an independent station, and by as- ‘‘(B) TREATMENT OF MULTICAST STREAMS.— Any royalty fee payments received by the signing a value of one-quarter to each pri- The term ‘network station’ shall be applied Copyright Office from cable systems for the mary stream and to each multicast stream to a multicast stream on which a television secondary transmission of primary trans- (other than a simulcast) that is a network broadcast station transmits all or substan- missions that are in addition to the pay- station or a noncommercial educational sta- tially all of the programming of an inter- ments calculated and deposited in accord- tion. connected program service that— ance with this subsection shall be deemed to ‘‘(B) EXCEPTIONS.—The values for inde- ‘‘(i) is owned or operated by, or affiliated have been deposited for the particular ac- pendent, network, and noncommercial edu- with, one or more of the television networks counting period for which they are received cational stations specified in subparagraph described in subparagraph (A); and and shall be distributed as specified under (A) are subject to the following: ‘‘(ii) offers programming on a regular basis this subsection.’’. ‘‘(i) Where the rules and regulations of the for 15 or more hours per week to at least 25 (d) EFFECTIVE DATE OF NEW ROYALTY FEE Federal Communications Commission re- of the affiliated television licensees of the RATES.—The royalty fee rates established in quire a cable system to omit the further interconnected program service in 10 or more section 111(d)(1)(B) of title 17, United States transmission of a particular program and States.’’; such rules and regulations also permit the Code, as amended by subsection (c)(1)(C) of (7) by striking the seventh undesignated substitution of another program embodying this section, shall take effect commencing paragraph and inserting the following: a performance or display of a work in place with the first accounting period occurring in ‘‘(7) INDEPENDENT STATION.—The term of the omitted transmission, or where such 2010. ‘independent station’ shall be applied to the (e) DEFINITIONS.—Section 111(f) is amend- rules and regulations in effect on the date of primary stream or a multicast stream of a ed— the enactment of the Copyright Act of 1976 (1) by striking the first undesignated para- permit a cable system, at its election, to ef- television broadcast station that is not a graph and inserting the following: fect such omission and substitution of a network station or a noncommercial edu- cational station.’’; ‘‘(1) PRIMARY TRANSMISSION.—A ‘primary nonlive program or to carry additional pro- transmission’ is a transmission made to the grams not transmitted by primary transmit- (8) by striking the eighth undesignated public by a transmitting facility whose sig- ters within whose local service area the paragraph and inserting the following: nals are being received and further trans- cable system is located, no value shall be as- ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA- mitted by a secondary transmission service, signed for the substituted or additional pro- TION.—The term ‘noncommercial educational regardless of where or when the performance gram. station’ shall be applied to the primary or display was first transmitted. In the case ‘‘(ii) Where the rules, regulations, or au- stream or a multicast stream of a television of a television broadcast station, the pri- thorizations of the Federal Communications broadcast station that is a noncommercial mary stream and any multicast streams Commission in effect on the date of the en- educational broadcast station as defined in transmitted by the station constitute pri- actment of the Copyright Act of 1976 permit section 397 of the Communications Act of mary transmissions.’’; a cable system, at its election, to omit the 1934, as in effect on the date of the enact- (2) in the second undesignated paragraph— further transmission of a particular program ment of the Satellite Television Extension (A) by striking ‘‘A ‘secondary trans- and such rules, regulations, or authoriza- and Localism Act of 2010.’’; and mission’ ’’ and inserting the following: tions also permit the substitution of another (9) by adding at the end the following: ‘‘(2) SECONDARY TRANSMISSION.—A ‘sec- program embodying a performance or dis- ‘‘(9) PRIMARY STREAM.—A ‘primary stream’ ondary transmission’ ’’; and play of a work in place of the omitted trans- is—

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‘‘(A) the single digital stream of program- of a primary transmitter, shall take effect ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL ming that, before June 12, 2009, was substan- on the date of the enactment of this Act. SERVICE TO ALL DMAS.— tially duplicating the programming trans- (2) DELAYED APPLICABILITY.— ‘‘(i) FAILURE TO ACT REASONABLY AND IN mitted by the television broadcast station as (A) SECONDARY TRANSMISSIONS OF A GOOD FAITH.—If the court issuing a tem- an analog signal; or MULTICAST STREAM BEYOND THE LOCAL SERV- porary waiver under subparagraph (A) deter- ‘‘(B) if there is no stream described in sub- ICE AREA OF ITS PRIMARY TRANSMITTER BE- mines that the satellite carrier that made paragraph (A), then the single digital stream FORE 2010 ACT.—In any case in which a cable the request for such waiver has failed to act of programming transmitted by the tele- system was making secondary transmissions reasonably or has failed to make a good faith vision broadcast station for the longest pe- of a multicast stream beyond the local serv- effort to provide local-into-local service to riod of time. ice area of its primary transmitter before all DMAs, such failure— ‘‘(10) PRIMARY TRANSMITTER.—A ‘primary the date of the enactment of this Act, a dis- ‘‘(I) is actionable as an act of infringement transmitter’ is a television or radio broad- tant signal equivalent value (referred to in under section 501 and the court may in its cast station licensed by the Federal Commu- paragraph (1)) shall not be assigned to sec- discretion impose the remedies provided for nications Commission, or by an appropriate ondary transmissions of such multicast in sections 502 through 506 and subsection governmental authority of Canada or Mex- stream that are made on or before June 30, (a)(6)(B) of this section; and ico, that makes primary transmissions to 2010. ‘‘(II) shall result in the termination of the the public. (B) MULTICAST STREAMS SUBJECT TO PRE- waiver issued under subparagraph (A). ‘‘(11) MULTICAST STREAM.—A ‘multicast EXISTING WRITTEN AGREEMENTS FOR THE SEC- ‘‘(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL stream’ is a digital stream of programming ONDARY TRANSMISSION OF SUCH STREAMS.—In that is transmitted by a television broadcast any case in which the secondary trans- SERVICE.—If the court issuing a temporary station and is not the station’s primary mission of a multicast stream of a primary waiver under subparagraph (A) determines stream. transmitter is the subject of a written agree- that the satellite carrier that made the re- ‘‘(12) SIMULCAST.—A ‘simulcast’ is a ment entered into on or before June 30, 2009, quest for such waiver has failed to provide multicast stream of a television broadcast between a cable system or an association local-into-local service to all DMAs, but de- station that duplicates the programming representing the cable system and a primary termines that the carrier acted reasonably transmitted by the primary stream or an- transmitter or an association representing and in good faith, the court may in its dis- other multicast stream of such station. the primary transmitter, a distant signal cretion impose financial penalties that re- ‘‘(13) SUBSCRIBER; SUBSCRIBE.— equivalent value (referred to in paragraph flect— ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ (1)) shall not be assigned to secondary trans- ‘‘(I) the degree of control the carrier had means a person or entity that receives a sec- missions of such multicast stream beyond over the circumstances that resulted in the ondary transmission service from a cable the local service area of its primary trans- failure; system and pays a fee for the service, di- mitter that are made on or before the date ‘‘(II) the quality of the carrier’s efforts to rectly or indirectly, to the cable system. on which such written agreement expires. remedy the failure; and ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ (C) NO REFUNDS OR OFFSETS FOR PRIOR ‘‘(III) the severity and duration of any means to elect to become a subscriber.’’. STATEMENTS OF ACCOUNT.—A cable system service interruption. (f) TIMING OF SECTION 111 PROCEEDINGS.— that has reported secondary transmissions of ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL- Section 804(b)(1) is amended by striking a multicast stream beyond the local service ABLE.—An entity may only receive one tem- ‘‘2005’’ each place it appears and inserting area of its primary transmitter on a state- porary waiver under this paragraph. ‘‘2015’’. ment of account deposited under section 111 ‘‘(E) SHORT MARKET DEFINED.—For purposes (g) TECHNICAL AND CONFORMING AMEND- of title 17, United States Code, before the of this paragraph, the term ‘short market’ MENTS.— date of the enactment of this Act shall not means a local market in which programming (1) CORRECTIONS TO FIX LEVEL DESIGNA- be entitled to any refund, or offset, of roy- of one or more of the four most widely TIONS.—Section 111 is amended— alty fees paid on account of such secondary viewed television networks nationwide as (A) in subsections (a), (c), and (e), by strik- transmissions of such multicast stream. measured on the date of the enactment of ing ‘‘clause’’ each place it appears and in- (3) DEFINITIONS.—In this subsection, the this subsection is not offered on the primary serting ‘‘paragraph’’; terms ‘‘cable system’’, ‘‘secondary trans- stream transmitted by any local television (B) in subsection (c)(1), by striking mission’’, ‘‘multicast stream’’, and ‘‘local broadcast station. ‘‘clauses’’ and inserting ‘‘paragraphs’’; and service area of a primary transmitter’’ have ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER (C) in subsection (e)(1)(F), by striking the meanings given those terms in section RECOGNITION.— ‘‘subclause’’ and inserting ‘‘subparagraph’’. 111(f) of title 17, United States Code, as ‘‘(A) STATEMENT OF ELIGIBILITY.—An entity (2) CONFORMING AMENDMENT TO HYPHENATE amended by this section. seeking to be recognized as a qualified car- NONNETWORK.—Section 111 is amended by SEC. 505. CERTAIN WAIVERS GRANTED TO PRO- rier under this subsection shall file a state- striking ‘‘nonnetwork’’ each place it appears VIDERS OF LOCAL-INTO-LOCAL ment of eligibility with the court that im- and inserting ‘‘non-network’’. SERVICE FOR ALL DMAS. posed the injunction. A statement of eligi- (3) PREVIOUSLY UNDESIGNATED PARA- Section 119 is amended by adding at the bility must include— GRAPH.—Section 111(e)(1) is amended by end the following new subsection: ‘‘(i) an affidavit that the entity is pro- striking ‘‘second paragraph of subsection (f)’’ ‘‘(g) CERTAIN WAIVERS GRANTED TO PRO- viding local-into-local service to all DMAs; and inserting ‘‘subsection (f)(2)’’. VIDERS OF LOCAL-INTO-LOCAL SERVICE TO ALL ‘‘(ii) a request for a waiver of the injunc- (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec- DMAS.— tion; and tion 111(e) is amended— ‘‘(1) INJUNCTION WAIVER.—A court that ‘‘(iii) a certification issued pursuant to (A) in paragraph (1)(A), by striking ‘‘and’’ issued an injunction pursuant to subsection section 342(a) of Communications Act of 1934. at the end; (a)(7)(B) before the date of the enactment of ‘‘(B) GRANT OF RECOGNITION AS A QUALIFIED (B) in paragraph (1)(B), by striking ‘‘and’’ this subsection shall waive such injunction if at the end; the court recognizes the entity against CARRIER.—Upon receipt of a statement of eli- (C) in paragraph (1)(C), by striking ‘‘and’’ which the injunction was issued as a quali- gibility, the court shall recognize the entity at the end; fied carrier. as a qualified carrier and issue the waiver (D) in paragraph (1)(D), by striking ‘‘and’’ ‘‘(2) LIMITED TEMPORARY WAIVER.— under paragraph (1). at the end; and ‘‘(A) IN GENERAL.—Upon a request made by ‘‘(C) VOLUNTARY TERMINATION.—At any (E) in paragraph (2)(A), by striking ‘‘and’’ a satellite carrier, a court that issued an in- time, an entity recognized as a qualified car- at the end. junction against such carrier under sub- rier may file a statement of voluntary termi- (5) REMOVAL OF VARIANT FORMS REF- section (a)(7)(B) before the date of the enact- nation with the court certifying that it no ERENCES.—Section 111 is amended— ment of this subsection shall waive such in- longer wishes to be recognized as a qualified (A) in subsection (e)(4), by striking ‘‘, and junction with respect to the statutory li- carrier. Upon receipt of such statement, the each of its variant forms,’’; and cense provided under subsection (a)(2) to the court shall reinstate the injunction waived (B) in subsection (f), by striking ‘‘and their extent necessary to allow such carrier to under paragraph (1). variant forms’’. make secondary transmissions of primary ‘‘(D) LOSS OF RECOGNITION PREVENTS FU- (6) CORRECTION TO TERRITORY REFERENCE.— transmissions made by a network station to TURE RECOGNITION.—No entity may be recog- Section 111(e)(2) is amended in the matter unserved households located in short mar- nized as a qualified carrier if such entity had preceding subparagraph (A) by striking kets in which such carrier was not providing previously been recognized as a qualified car- ‘‘three territories’’ and inserting ‘‘five enti- local service pursuant to the license under rier and subsequently lost such recognition ties’’. section 122 as of December 31, 2009. or voluntarily terminated such recognition (h) EFFECTIVE DATE WITH RESPECT TO ‘‘(B) EXPIRATION OF TEMPORARY WAIVER.—A under subparagraph (C). MULTICAST STREAMS.— temporary waiver of an injunction under ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND (1) IN GENERAL.—Subject to paragraphs (2) subparagraph (A) shall expire after the end COMPLIANCE.— and (3), the amendments made by this sec- of the 120-day period beginning on the date ‘‘(A) CONTINUING OBLIGATIONS.— tion, to the extent such amendments assign such temporary waiver is issued unless ex- ‘‘(i) IN GENERAL.—An entity recognized as a a distant signal equivalent value to the sec- tended for good cause by the court making qualified carrier shall continue to provide ondary transmission of the multicast stream the temporary waiver. local-into-local service to all DMAs.

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‘‘(ii) COOPERATION WITH GAO EXAMINATION.— and the Register of Copyrights 30 months of the households in a designated market An entity recognized as a qualified carrier after such status was granted stating that, area based on the most recent census data shall fully cooperate with the Comptroller to the best of the affiant’s knowledge, it is in released by the United States Census Bureau General in the examination required by sub- compliance with the requirements for a shall be considered to be providing local paragraph (B). qualified carrier. service to such designated market area. ‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAM- ‘‘(D) COMPLIANCE DETERMINATION.—Upon ‘‘(C) GOOD QUALITY SATELLITE SIGNAL DE- INATION.— the motion of an aggrieved television broad- FINED.—The term ‘good quality signal’ has ‘‘(i) EXAMINATION AND REPORT.—The Comp- cast station, the court recognizing an entity the meaning given such term under section troller General shall conduct an examination as a qualified carrier may make a determina- 342(e)(2) of Communications Act of 1934.’’. and publish a report concerning the qualified tion of whether the entity is providing local- SEC. 506. COPYRIGHT OFFICE FEES. carrier’s compliance with the royalty pay- into-local service to all DMAs. ment and household eligibility requirements ‘‘(E) PLEADING REQUIREMENT.—In any mo- Section 708(a) is amended— of the license under this section. The report tion brought under subparagraph (D), the (1) in paragraph (8), by striking ‘‘and’’ shall address the qualified carrier’s conduct party making such motion shall specify one after the semicolon; during the period beginning on the date on or more designated market areas (as such (2) in paragraph (9), by striking the period which the qualified carrier is recognized as term is defined in section 122(j)(2)(C)) for and inserting a semicolon; such under paragraph (3)(B) and ending on which the failure to provide service is being (3) by inserting after paragraph (9) the fol- December 31, 2011. alleged, and, for each such designated mar- lowing: ‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Be- ket area, shall plead with particularity the ‘‘(10) on filing a statement of account ginning on the date that is one year after the circumstances of the alleged failure. based on secondary transmissions of primary date on which the qualified carrier is recog- ‘‘(F) BURDEN OF PROOF.—In any proceeding transmissions pursuant to section 119 or 122; nized as such under paragraph (3)(B), but not to make a determination under subpara- and later than October 1, 2011, the qualified car- graph (D), and with respect to a designated ‘‘(11) on filing a statement of account rier shall provide the Comptroller General market area for which failure to provide based on secondary transmissions of primary with all records that the Comptroller Gen- service is alleged, the entity recognized as a transmissions pursuant to section 111.’’; and eral, in consultation with the Register of qualified carrier shall have the burden of (4) by adding at the end the following new Copyrights, considers to be directly perti- proving that the entity provided local-into- sentence: ‘‘Fees established under para- nent to the following requirements under local service with a good quality satellite graphs (10) and (11) shall be reasonable and this section: signal to at least 90 percent of the house- may not exceed one-half of the cost nec- ‘‘(I) Proper calculation and payment of holds in such designated market area (based essary to cover reasonable expenses incurred royalties under the statutory license under on the most recent census data released by by the Copyright Office for the collection this section. the United States Census Bureau) at the and administration of the statements of ac- ‘‘(II) Provision of service under this license time and place alleged. count and any royalty fees deposited with to eligible subscribers only. ‘‘(5) FAILURE TO PROVIDE SERVICE.— such statements.’’. ‘‘(iii) SUBMISSION OF REPORT.—The Comp- ‘‘(A) PENALTIES.—If the court recognizing SEC. 507. TERMINATION OF LICENSE. troller General shall file the report required an entity as a qualified carrier finds that by clause (i) not later than March 1, 2012, such entity has willfully failed to provide Section 1003(a)(2)(A) of Public Law 111-118 with the court referred to in paragraph (1) local-into-local service to all DMAs, such is amended by striking ‘‘February 28, 2010’’ that issued the injunction, the Register of finding shall result in the loss of recognition and inserting ‘‘December 31, 2014’’. Copyrights, the Committees on the Judiciary of the entity as a qualified carrier and the SEC. 508. CONSTRUCTION. and on Energy and Commerce of the House of termination of the waiver provided under Nothing in section 111, 119, or 122 of title Representatives, and the Committees on the paragraph (1), and the court may, in its dis- 17, United States Code, including the amend- Judiciary and on Commerce, Science, and cretion— ments made to such sections by this subtitle, Transportation of the Senate. ‘‘(i) treat such failure as an act of infringe- shall be construed to affect the meaning of ‘‘(iv) EVIDENCE OF INFRINGEMENT.—The ment under section 501, and subject such in- any terms under the Communications Act of Comptroller General shall include in the re- fringement to the remedies provided for in 1934, except to the extent that such sections port a statement of whether the examination sections 502 through 506 and subsection are specifically cross-referenced in such Act by the Comptroller General indicated that (a)(6)(B) of this section; and or the regulations issued thereunder. there is substantial evidence that a copy- ‘‘(ii) impose a fine of not less than $250,000 right holder could bring a successful action and not more than $5,000,000. Subtitle B—Communications Provisions under this section against the qualified car- ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA- SEC. 521. REFERENCE. rier for infringement. The Comptroller Gen- TION.—If the court determines that the fail- eral shall consult with the Register of Copy- ure to provide local-into-local service to all Except as otherwise provided, whenever in rights in preparing such statement. DMAs is nonwillful, the court may in its dis- this subtitle an amendment is made to a sec- tion or other provision, the reference shall ‘‘(v) SUBSEQUENT EXAMINATION.—If the re- cretion impose financial penalties for non- port includes the Comptroller General’s compliance that reflect— be considered to be made to such section or statement that there is substantial evidence ‘‘(i) the degree of control the entity had provision of the Communications Act of 1934 that a copyright holder could bring a suc- over the circumstances that resulted in the (47 U.S.C. 151 et seq.). cessful action under this section against the failure; SEC. 522. EXTENSION OF AUTHORITY. qualified carrier for infringement, the Comp- ‘‘(ii) the quality of the entity’s efforts to Section 325(b) is amended— troller General shall, not later than 6 remedy the failure and restore service; and (1) in paragraph (2)(C), by striking ‘‘Feb- months after the report under clause (i) is ‘‘(iii) the severity and duration of any serv- ruary 28, 2010’’ and inserting ‘‘December 31, published, initiate another examination of ice interruption. 2014’’; and the qualified carrier’s compliance with the ‘‘(6) PENALTIES FOR VIOLATIONS OF LI- (2) in paragraph (3)(C), by striking ‘‘March royalty payment and household eligibility CENSE.—A court that finds, under subsection 1, 2010’’ each place it appears in clauses (ii) requirements of the license under this sec- (a)(6)(A), that an entity recognized as a and (iii) and inserting ‘‘January 1, 2015’’. tion since the last report was filed under qualified carrier has willfully made a sec- clause (iii). The Comptroller General shall ondary transmission of a primary trans- SEC. 523. SIGNIFICANTLY VIEWED STATIONS. file a report on such examination with the mission made by a network station and em- (a) IN GENERAL.—Paragraphs (1) and (2) of court referred to in paragraph (1) that issued bodying a performance or display of a work section 340(b) are amended to read as follows: the injunction, the Register of Copyrights, to a subscriber who is not eligible to receive ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK- the Committees on the Judiciary and on En- the transmission under this section shall re- ING LOCAL-INTO-LOCAL SERVICE.—This section ergy and Commerce of the House of Rep- instate the injunction waived under para- shall apply only to retransmissions to sub- resentatives, and the Committees on the Ju- graph (1), and the court may order statutory scribers of a satellite carrier who receive re- diciary and on Commerce, Science, and damages of not more than $2,500,000. transmissions of a signal from that satellite Transportation of the Senate. The report ‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL carrier pursuant to section 338. shall include a statement described in clause DMAS DEFINED.—For purposes of this sub- ‘‘(2) SERVICE LIMITATIONS.—A satellite car- (iv), prepared in consultation with the Reg- section: rier may retransmit to a subscriber in high ister of Copyrights. ‘‘(A) IN GENERAL.—An entity provides definition format the signal of a station de- ‘‘(vi) COMPLIANCE.—Upon motion filed by ‘local-into-local service to all DMAs’ if the termined by the Commission to be signifi- an aggrieved copyright owner, the court rec- entity provides local service in all des- cantly viewed under subsection (a) only if ognizing an entity as a qualified carrier shall ignated market areas (as such term is de- such carrier also retransmits in high defini- terminate such designation upon finding fined in section 122(j)(2)(C)) pursuant to the tion format the signal of a station located in that the entity has failed to cooperate with license under section 122. the local market of such subscriber and af- the examinations required by this subpara- ‘‘(B) HOUSEHOLD COVERAGE.—For purposes filiated with the same network whenever graph. of subparagraph (A), an entity that makes such format is available from such station.’’. ‘‘(C) AFFIRMATION.—A qualified carrier available local-into-local service with a good (b) RULEMAKING REQUIRED.—Within 180 shall file an affidavit with the district court quality satellite signal to at least 90 percent days after the date of the enactment of this

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DIGITAL TELEVISION TRANSITION CON- local market of such local network station; (cc) by striking ‘‘Satellite Home Viewer FORMING AMENDMENTS. and Extension and Reauthorization Act of 2004’’ (a) SECTION 338.—Section 338 is amended— ‘‘(bb) the satellite carrier, within 60 days and inserting ‘‘Satellite Television Exten- (1) in subsection (a), by striking ‘‘(3) EFFEC- after such date, submits to each television sion and Localism Act of 2010’’; and network the list and statement required by TIVE DATE.—No satellite’’ and all that fol- (dd) by striking ‘‘, whether or not such sub- subparagraph (F)(ii). lows through ‘‘until January 1, 2002.’’; and scriber elects to subscribe to local digital ‘‘(ii) SPECIAL CIRCUMSTANCES.—A sub- (2) by amending subsection (g) to read as signals’’; follows: scriber of a satellite carrier who was law- fully receiving the distant signal of a net- (VI) by inserting after clause (ii) the fol- ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SIN- work station on the day before the date of lowing new clause: GLE RECEPTION ANTENNA.— enactment of the Satellite Television Exten- ‘‘(iii) TIME-SHIFTING PROHIBITED.—In a case INGLE RECEPTION ANTENNA.—Each sat- ‘‘(1) S in which the satellite carrier makes avail- ellite carrier that retransmits the signals of sion and Localism Act of 2010 may receive able to an eligible subscriber under this sub- local television broadcast stations in a local both such distant signal and the local signal paragraph the signal of a local network sta- market shall retransmit such stations in of a network station affiliated with the same network until such subscriber chooses to no tion pursuant to section 338, the carrier may such market so that a subscriber may re- longer receive such distant signal from such ceive such stations by means of a single re- only provide the distant signal of a station carrier, whether or not such subscriber ception antenna and associated equipment. affiliated with the same network to that sub- elects to subscribe to such local signal.’’; ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If scriber if, in the case of any local market in (iv) in subparagraph (C)— the carrier retransmits the signals of local the 48 contiguous States of the United (I) by striking ‘‘analog’’; television broadcast stations in a local mar- States, the distant signal is the secondary (II) in clause (i), by striking ‘‘the Satellite ket in high definition format, the carrier transmission of a station whose prime time Home Viewer Extension and Reauthorization shall retransmit such signals in such market network programming is generally broadcast Act of 2004; and’’ and inserting the following: so that a subscriber may receive such signals simultaneously with, or later than, the by means of a single reception antenna and ‘‘the Satellite Television Extension and Lo- prime time network programming of the af- associated equipment, but such antenna and calism Act of 2010 and, at the time such per- filiate of the same network in the local mar- associated equipment may be separate from son seeks to subscribe to receive such sec- ket.’’; and the single reception antenna and associated ondary transmission, resides in a local mar- (VII) by redesignating clause (x) as clause equipment used to comply with paragraph ket where the satellite carrier makes avail- (iv); and able to that person the signal of a local net- (1).’’. (vi) in subparagraph (E), by striking ‘‘dis- work station affiliated with the same tele- (b) SECTION 339.—Section 339 is amended— tant analog signal or’’ and all that follows vision network pursuant to section 338 (and (1) in subsection (a)— through ‘‘(B), or (D))’’ and inserting ‘‘distant (A) in paragraph (1)(B), by striking ‘‘Such the retransmission of such signal by such carrier can reach such subscriber); or’’; and signal’’; two network stations’’ and all that follows (III) by amending clause (ii) to read as fol- (2) in subsection (c)— through ‘‘more than two network stations.’’; lows: (A) by amending paragraph (3) to read as and ‘‘(ii) lawfully subscribes to and receives a follows: (B) in paragraph (2)— distant signal on or after the date of enact- ‘‘(3) ESTABLISHMENT OF IMPROVED PRE- (i) in the heading for subparagraph (A), by ment of the Satellite Television Extension DICTIVE MODEL AND ON-LOCATION TESTING RE- striking ‘‘TO ANALOG SIGNALS’’; and Localism Act of 2010, and, subsequent to QUIRED.— (ii) in subparagraph (A)— such subscription, the satellite carrier ‘‘(A) PREDICTIVE MODEL.—Within 180 days (I) in the heading for clause (i), by striking makes available to that subscriber the signal after the date of the enactment of the Sat- ‘‘ANALOG’’; of a local network station affiliated with the ellite Television Extension and Localism Act (II) in clause (i)— same network as the distant signal (and the of 2010, the Commission shall develop and (aa) by striking ‘‘analog’’ each place it ap- retransmission of such signal by such carrier pears; and prescribe by rule a point-to-point predictive can reach such subscriber), unless such per- model for reliably and presumptively deter- (bb) by striking ‘‘October 1, 2004’’ and in- son subscribes to the signal of the local net- serting ‘‘October 1, 2009’’; mining the ability of individual locations, work station within 60 days after such signal through the use of an antenna, to receive (III) in the heading for clause (ii), by strik- is made available.’’; ing ‘‘ANALOG’’; and signals in accordance with the signal inten- (v) in subparagraph (D)— sity standard in section 73.622(e)(1) of title (IV) in clause (ii)— (I) in the heading, by striking ‘‘DIGITAL’’; 47, Code of Federal Regulations, or a suc- (aa) by striking ‘‘analog’’ each place it ap- (II) by striking clauses (i), (iii) through (v), cessor regulation, including to account for pears; and (vii) through (ix), and (xi); (bb) by striking ‘‘2004’’ and inserting (III) by redesignating clause (vi) as clause the continuing operation of translator sta- ‘‘2009’’; (i) and transferring such clause to appear be- tions and low power television stations. In (iii) by amending subparagraph (B) to read fore clause (ii); prescribing such model, the Commission as follows: (IV) by amending such clause (i) (as so re- shall rely on the Individual Location ‘‘(B) RULES FOR OTHER SUBSCRIBERS.— designated) to read as follows: Longley-Rice model set forth by the Com- ‘‘(i) IN GENERAL.—In the case of a sub- ‘‘(i) ELIGIBILITY AND SIGNAL TESTING.—A mission in CS Docket No. 98–201, as pre- scriber of a satellite carrier who is eligible subscriber of a satellite carrier shall be eligi- viously revised with respect to analog sig- to receive the signal of a network station ble to receive a distant signal of a network nals, and as recommended by the Commis- under this section (in this subparagraph re- station affiliated with the same network sion with respect to digital signals in its Re- ferred to as a ‘distant signal’), other than under this section if, with respect to a local port to Congress in ET Docket No. 05–182, subscribers to whom subparagraph (A) ap- network station, such subscriber— FCC 05–199 (released December 9, 2005). The plies, the following shall apply: ‘‘(I) is a subscriber whose household is not Commission shall establish procedures for ‘‘(I) In a case in which the satellite carrier predicted by the model specified in sub- the continued refinement in the application makes available to that subscriber, on Janu- section (c)(3) to receive the signal intensity of the model by the use of additional data as ary 1, 2005, the signal of a local network sta- required under section 73.622(e)(1) or, in the it becomes available. tion affiliated with the same television net- case of a low-power station or translator sta- ‘‘(B) ON-LOCATION TESTING.—The Commis- work pursuant to section 338, the carrier tion transmitting an analog signal, section sion shall issue an order completing its rule- may only provide the secondary trans- 73.683(a) of title 47, Code of Federal Regula- making proceeding in ET Docket No. 06–94 missions of the distant signal of a station af- tions, or a successor regulation; within 180 days after the date of enactment filiated with the same network to that sub- ‘‘(II) is determined, based on a test con- of the Satellite Television Extension and Lo- scriber if the subscriber’s satellite carrier, ducted in accordance with section 73.686(d) of not later than March 1, 2005, submits to that title 47, Code of Federal Regulations, or any calism Act of 2010. In conducting such rule- television network the list and statement re- successor regulation, not to be able to re- making, the Commission shall seek ways to quired by subparagraph (F)(i). ceive a signal that exceeds the signal inten- minimize consumer burdens associated with ‘‘(II) In a case in which the satellite carrier sity standard in section 73.622(e)(1) or, in the on-location testing.’’; does not make available to that subscriber, case of a low-power station or translator sta- (B) by amending paragraph (4)(A) to read on January 1, 2005, the signal of a local net- tion transmitting an analog signal, section as follows: work station pursuant to section 338, the 73.683(a) of such title, or a successor regula- ‘‘(A) IN GENERAL.—If a subscriber’s request carrier may only provide the secondary tion; or for a waiver under paragraph (2) is rejected transmissions of the distant signal of a sta- ‘‘(III) is in an unserved household, as deter- and the subscriber submits to the sub- tion affiliated with the same network to that mined under section 119(d)(10)(A) of title 17, scriber’s satellite carrier a request for a test subscriber if— United States Code.’’; verifying the subscriber’s inability to receive

VerDate Nov 24 2008 04:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.107 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1086 CONGRESSIONAL RECORD — SENATE March 3, 2010 a signal of the signal intensity referenced in not providing such local service as of the knowledge, it is in compliance with the re- clause (i) of subsection (a)(2)(D), the satellite date of enactment of the Satellite Television quirements for a qualified carrier. carrier and the network station or stations Extension and Localism Act of 2010— ‘‘(e) DEFINITIONS.—For the purposes of this asserting that the retransmission is prohib- ‘‘(A) the satellite carrier’s satellite beams section: ited with respect to that subscriber shall se- are designed, and predicted by the satellite ‘‘(1) DESIGNATED MARKET AREA.—The term lect a qualified and independent person to manufacturer’s pre-launch test data, to pro- ‘designated market area’ has the meaning conduct the test referenced in such clause. vide a good quality satellite signal to at given such term in section 122(j)(2)(C) of title Such test shall be conducted within 30 days least 90 percent of the households in each 17, United States Code. after the date the subscriber submits a re- such designated market area based on the ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— quest for the test. If the written findings and most recent census data released by the ‘‘(A) IN GENERAL.—The term ‘‘good quality conclusions of a test conducted in accord- United States Census Bureau; and satellite signal’’ means— ance with such clause demonstrate that the ‘‘(B) there is no material evidence that ‘‘(i) a satellite signal whose power level as subscriber does not receive a signal that there has been a satellite or sub-system fail- designed shall achieve reception and de- meets or exceeds the requisite signal inten- ure subsequent to the satellite’s launch that modulation of the signal at an availability sity standard in such clause, the subscriber precludes the ability of the satellite carrier level of at least 99.7 percent using— shall not be denied the retransmission of a to satisfy the requirements of subparagraph ‘‘(I) models of satellite antennas normally signal of a network station under section (A). used by the satellite carrier’s subscribers; and 119(d)(10)(A) of title 17, United States Code.’’; ‘‘(b) INFORMATION REQUIRED.—Any entity (C) in paragraph (4)(B), by striking ‘‘the seeking the certification provided for in sub- ‘‘(II) the same calculation methodology signal intensity’’ and all that follows section (a) shall submit to the Commission used by the satellite carrier to determine predicted signal availability in the top 100 through ‘‘United States Code’’ and inserting the following information: designated market areas; and ‘‘such requisite signal intensity standard’’; ‘‘(1) An affidavit stating that, to the best ‘‘(ii) taking into account whether a signal and of the affiant’s knowledge, the satellite car- is in standard definition format or high defi- (D) in paragraph (4)(E), by striking ‘‘Grade rier provides local service in all designated nition format, compression methodology, B intensity’’. market areas pursuant to the statutory li- modulation, error correction, power level, (c) SECTION 340.—Section 340(i) is amended cense provided for in section 122 of title 17, and utilization of advances in technology by striking paragraph (4). United States Code, and listing those des- that do not circumvent the intent of this SEC. 525. APPLICATION PENDING COMPLETION ignated market areas in which local service section to provide for non-discriminatory OF RULEMAKINGS. was provided as of the date of enactment of treatment with respect to any comparable (a) IN GENERAL.—During the period begin- the Satellite Television Extension and Lo- television broadcast station signal, a video ning on the date of the enactment of this Act calism Act of 2010. signal transmitted by a satellite carrier such and ending on the date on which the Federal ‘‘(2) For each designated market area not that— Communications Commission adopts rules listed in paragraph (1): ‘‘(I) the satellite carrier treats all tele- pursuant to the amendments to the Commu- ‘‘(A) Identification of each such designated vision broadcast stations’ signals the same nications Act of 1934 made by section 523 and market area and the location of its local re- with respect to statistical multiplexer section 524 of this title, the Federal Commu- ceive facility. prioritization; and nications Commission shall follow its rules ‘‘(B) Data showing the number of house- ‘‘(II) the number of video signals in the rel- and regulations promulgated pursuant to holds, and maps showing the geographic dis- evant satellite transponder is not more than sections 338, 339, and 340 of the Communica- tribution thereof, in each such designated the then current greatest number of video tions Act of 1934 as in effect on the day be- market area based on the most recent census signals carried on any equivalent trans- fore the date of the enactment of this Act. data released by the United States Census ponder serving the top 100 designated market (b) TRANSLATOR STATIONS AND LOW POWER Bureau. areas. TELEVISION STATIONS.—Notwithstanding sub- ‘‘(C) Maps, with superimposed effective ‘‘(B) DETERMINATION.—For the purposes of section (a), for purposes of determining isotropically radiated power predictions ob- subparagraph (A), the top 100 designated whether a subscriber within the local market tained in the satellite manufacturer’s pre- market areas shall be as determined by served by a translator station or a low power launch tests, showing that the contours of Nielsen Media Research and published in the television station affiliated with a television the carrier’s satellite beams as designed and Nielsen Station Index Directory and Nielsen network is eligible to receive distant signals the geographic area that the carrier’s sat- Station Index United States Television under section 339 of the Communications Act ellite beams are designed to cover are pre- Household Estimates or any successor publi- of 1934, the rules and regulations of the Fed- dicted to provide a good quality satellite sig- cation as of the date of a satellite carrier’s eral Communications Commission for deter- nal to at least 90 percent of the households application for certification under this sec- mining such subscriber’s eligibility as in ef- in such designated market area based on the tion.’’. fect on the day before the date of the enact- most recent census data released by the ment of this Act shall apply until the date United States Census Bureau. SEC. 527. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL SIGNALS on which the translator station or low power ‘‘(D) For any satellite relied upon for cer- OF NONCOMMERCIAL EDUCATIONAL television station is licensed to broadcast a tification under this section, an affidavit TELEVISION STATIONS. digital signal. stating that, to the best of the affiant’s (a) IN GENERAL.—Section 338(a) is amended (c) DEFINITIONS.—As used in this subtitle: knowledge, there have been no satellite or by adding at the end the following new para- (1) LOCAL MARKET; LOW POWER TELEVISION sub-system failures subsequent to the sat- graph: STATION; SATELLITE CARRIER; SUBSCRIBER; ellite’s launch that would degrade the design ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF TELEVISION BROADCAST STATION.—The terms performance to such a degree that a satellite HIGH DEFINITION SIGNALS OF NONCOMMERCIAL ‘‘local market’’, ‘‘low power television sta- transponder used to provide local service to EDUCATIONAL TELEVISION STATIONS.— tion’’, ‘‘satellite carrier’’, ‘‘subscriber’’, and any such designated market area is pre- ‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION ‘‘television broadcast station’’ have the cluded from delivering a good quality sat- SIGNALS.—If, before the date of enactment of meanings given such terms in section 338(k) ellite signal to at least 90 percent of the the Satellite Television Extension and Lo- of the Communications Act of 1934. households in such designated market area calism Act of 2010, an eligible satellite car- (2) NETWORK STATION; TELEVISION NET- based on the most recent census data re- rier is providing, under section 122 of title 17, WORK.—The terms ‘‘network station’’ and leased by the United States Census Bureau. United States Code, any secondary trans- ‘‘television network’’ have the meanings ‘‘(E) Any additional engineering, des- missions in high definition format to sub- given such terms in section 339(d) of such ignated market area, or other information scribers located within the local market of a Act. the Commission considers necessary to de- television broadcast station of a primary SEC. 526. PROCESS FOR ISSUING QUALIFIED CAR- termine whether the Commission shall grant transmission made by that station, then RIER CERTIFICATION. a certification under this section. such satellite carrier shall carry the signals Part I of title III is amended by adding at ‘‘(c) CERTIFICATION ISSUANCE.— in high-definition format of qualified non- the end the following new section: ‘‘(1) PUBLIC COMMENT.—The Commission commercial educational television stations ‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED shall provide 30 days for public comment on located within that local market in accord- CARRIER CERTIFICATION. a request for certification under this section. ance with the following schedule: ‘‘(a) CERTIFICATION.—The Commission shall ‘‘(2) DEADLINE FOR DECISION.—The Commis- ‘‘(i) By December 31, 2010, in at least 50 per- issue a certification for the purposes of sec- sion shall grant or deny a request for certifi- cent of the markets in which such satellite tion 119(g)(3)(A)(iii) of title 17, United States cation within 90 days after the date on which carrier provides such secondary trans- Code, if the Commission determines that— such request is filed. missions in high definition format. ‘‘(1) a satellite carrier is providing local ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity ‘‘(ii) By December 31, 2011, in every market service pursuant to the statutory license granted qualified carrier status pursuant to in which such satellite carrier provides such under section 122 of such title in each des- section 119(g) of title 17, United States Code, secondary transmissions in high definition ignated market area; and shall file an affidavit with the Commission format. ‘‘(2) with respect to each designated mar- 30 months after such status was granted ‘‘(B) NEW INITIATION OF SERVICE.—If, on or ket area in which such satellite carrier was stating that, to the best of the affiant’s after the date of enactment of the Satellite

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.108 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1087 Television Extension and Localism Act of cast satellite service providing video pro- eral Communications Commission that 2010, an eligible satellite carrier initiates the gramming, that such provider reserve a por- would be required or beneficial to con- provision, under section 122 of title 17, tion of its channel capacity, equal to not less sumers, and such other matters as the Comp- United States Code, of any secondary trans- than 3.5 percent nor more than 7 percent, ex- troller General deems appropriate, if Con- missions in high definition format to sub- clusively for noncommercial programming of gress implemented a phase-out of the current scribers located within the local market of a an educational or informational nature.’’; statutory licensing requirements set forth television broadcast station of a primary (3) in paragraph (5), by striking ‘‘For pur- under sections 111, 119, and 122 of title 17, transmission made by that station, then poses of the subsection—’’ and inserting United States Code. Among other things, the such satellite carrier shall carry the signals ‘‘For purposes of this subsection:’’; and study shall consider the impact such a in high-definition format of all qualified (4) by adding at the end of paragraph (5) noncommercial educational television sta- the following: phase-out and related changes to carriage re- tions located within that local market.’’. ‘‘(C) The term ‘qualified satellite provider’ quirements would have on consumer prices (b) DEFINITIONS.—Section 338(k) is amend- means any provider of direct broadcast sat- and access to programming. ed— ellite service that— (b) REPORT.—Not later than 1 year after (1) by redesignating paragraphs (2) through ‘‘(i) provides the retransmission of the the date of the enactment of this Act, the (8) as paragraphs (3) through (9), respec- State public affairs networks of at least 15 Comptroller General shall report to the ap- tively; different States; propriate Congressional committees the re- (2) by inserting after paragraph (1) the fol- ‘‘(ii) offers the programming of State pub- sults of the study, including any rec- lowing new paragraph: lic affairs networks upon reasonable prices, ommendations for legislative or administra- ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The terms, and conditions as determined by the tive actions. term ‘eligible satellite carrier’ means any Commission under paragraph (4); and satellite carrier that is not a party to a car- ‘‘(iii) does not delete any noncommercial SEC. 534. REPORT ON IN-STATE BROADCAST PRO- riage contract that— programming of an educational or informa- GRAMMING. ‘‘(A) governs carriage of at least 30 quali- tional nature in connection with the car- Not later than 1 year after the date of the fied noncommercial educational television riage of a State public affairs network. enactment of this Act, the Federal Commu- stations; and ‘‘(D) The term ‘State public affairs net- nications Commission shall submit to the ‘‘(B) is in force and effect within 60 days work’ means a non-commercial non-broad- appropriate Congressional committees a re- after the date of enactment of the Satellite cast network or a noncommercial edu- port containing an analysis of— Television Extension and Localism Act of cational television station— (1) the number of households in a State 2010.’’; ‘‘(i) whose programming consists of infor- that receive the signals of local broadcast (3) by redesignating paragraphs (6) through mation about State government delibera- stations assigned to a community of license (9) (as previously redesignated) as para- tions and public policy events; and that is located in a different State; graphs (7) through (10), respectively; and ‘‘(ii) that is operated by— (2) the extent to which consumers in each (4) by inserting after paragraph (5) (as so ‘‘(I) a State government or subdivision local market have access to in-state broad- redesignated) the following new paragraph: thereof; cast programming over the air or from a ‘‘(6) QUALIFIED NONCOMMERCIAL EDU- ‘‘(II) an organization described in section multichannel video programming dis- CATIONAL TELEVISION STATION.—The term 501(c)(3) of the Internal Revenue Code of 1986 tributor; and ‘qualified noncommercial educational tele- that is exempt from taxation under section (3) whether there are alternatives to the vision station’ means any full-power tele- 501(a) of such Code and that is governed by use of designated market areas, as defined in vision broadcast station that— an independent board of directors; or section 122 of title 17, United States Code, to ‘‘(A) under the rules and regulations of the ‘‘(III) a cable system.’’. define local markets that would provide Commission in effect on March 29, 1990, is li- Subtitle C—Reports and Savings Provision more consumers with in-state broadcast pro- censed by the Commission as a noncommer- SEC. 531. DEFINITION. gramming. cial educational broadcast station and is In this subtitle, the term ‘‘appropriate owned and operated by a public agency, non- Congressional committees’’ means the Com- SEC. 535. LOCAL NETWORK CHANNEL BROAD- profit foundation, nonprofit corporation, or mittees on the Judiciary and on Commerce, CAST REPORTS. nonprofit association; and Science, and Transportation of the Senate (a) REQUIREMENT.— ‘‘(B) has as its licensee an entity that is el- and the Committees on the Judiciary and on (1) IN GENERAL.—On the 180th day after the igible to receive a community service grant, Energy and Commerce of the House of Rep- date of the enactment of this Act, and on or any successor grant thereto, from the Cor- resentatives. each succeeding anniversary of such 180th poration for Public Broadcasting, or any suc- SEC. 532. REPORT ON MARKET BASED ALTER- day, each satellite carrier shall submit an cessor organization thereto, on the basis of NATIVES TO STATUTORY LICENSING. annual report to the Federal Communica- the formula set forth in section 396(k)(6)(B) Not later than 1 year after the date of the tions Commission setting forth— of this title.’’. enactment of this Act, and after consulta- (A) each local market in which it— SEC. 528. SAVINGS CLAUSE REGARDING DEFINI- tion with the Federal Communications Com- (i) retransmits signals of 1 or more tele- TIONS. mission, the Register of Copyrights shall vision broadcast stations with a community Nothing in this subtitle or the amend- submit to the appropriate Congressional of license in that market; ments made by this subtitle shall be con- committees a report containing— strued to affect— (ii) has commenced providing such signals (1) proposed mechanisms, methods, and in the preceding 1-year period; and (1) the meaning of the terms ‘‘program re- recommendations on how to implement a lated’’ and ‘‘primary video’’ under the Com- (iii) has ceased to provide such signals in phase-out of the statutory licensing require- the preceding 1-year period; and munications Act of 1934; or ments set forth in sections 111, 119, and 122 of (2) the meaning of the term ‘‘multicast’’ in (B) detailed information regarding the use title 17, United States Code, by making such and potential use of satellite capacity for the any regulations issued by the Federal Com- sections inapplicable to the secondary trans- munications Commission. retransmission of local signals in each local mission of a performance or display of a market. SEC. 529. STATE PUBLIC AFFAIRS BROADCASTS. work embodied in a primary transmission of Section 335(b) is amended— (2) TERMINATION.—The requirement under a broadcast station that is authorized to li- paragraph (1) shall cease after each satellite (1) by inserting ‘‘STATE PUBLIC AF- cense the same secondary transmission di- FAIRS,’’ after ‘‘EDUCATIONAL,’’ in the carrier has submitted 5 reports under such rectly with respect to all of the perform- paragraph. heading; ances and displays embodied in such primary (2) by striking paragraph (1) and inserting transmission; (b) FCC STUDY; REPORT.— the following: (2) any recommendations for alternative (1) STUDY.—If no satellite carrier files a re- ‘‘(1) CHANNEL CAPACITY REQUIRED.— means to implement a timely and effective quest for a certification under section 342 of ‘‘(A) IN GENERAL.—Except as provided in phase-out of the statutory licensing require- the Communications Act of 1934 (as added by subparagraph (B), the Commission shall re- ments set forth in sections 111, 119, and 122 of section 526 of this title) within 180 days after quire, as a condition of any provision, initial title 17, United States Code; and the date of the enactment of this Act, the authorization, or authorization renewal for a (3) any recommendations for legislative or Federal Communications Commission shall provider of direct broadcast satellite service administrative actions as may be appro- initiate a study of— providing video programming, that the pro- priate to achieve such a phase-out. (A) incentives that would induce a satellite vider of such service reserve a portion of its carrier to provide the signals of 1 or more SEC. 533. REPORT ON COMMUNICATIONS IMPLI- channel capacity, equal to not less than 4 CATIONS OF STATUTORY LICENSING television broadcast stations licensed to pro- percent nor more than 7 percent, exclusively MODIFICATIONS. vide signals in local markets in which the for noncommercial programming of an edu- (a) STUDY.—The Comptroller General shall satellite carrier does not provide such sig- cational or informational nature. conduct a study that analyzes and evaluates nals; and ‘‘(B) REQUIREMENT FOR QUALIFIED SAT- the changes to the carriage requirements (B) the economic and satellite capacity ELLITE PROVIDER.—The Commission shall re- currently imposed on multichannel video conditions affecting delivery of local signals quire, as a condition of any provision, initial programming distributors under the Commu- by satellite carriers to these markets. authorization, or authorization renewal for a nications Act of 1934 (47 U.S.C. 151 et seq.) (2) REPORT.—Within 1 year after the date of qualified satellite provider of direct broad- and the regulations promulgated by the Fed- the initiation of the study under paragraph

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(1), the Federal Communications Commis- (b) EMERGENCY DESIGNATION.—Sections 201, Program, Wind Energy Program, and the sion shall submit a report to the appropriate 211, and 232 of this Act are designated as an Solar Energy Technologies Program, and the Congressional committees containing its emergency requirement pursuant to section Department of Agriculture’s Rural Energy findings, conclusions, and recommendations. 4(g) of the Statutory Pay-As-You-Go Act of for America Program: the Secretary shall (c) DEFINITIONS.—In this section— 2010 (Public Law 111-139; 2 U.S.C. 933(g)) and consolidate and reduce the cost of admin- (1) the terms ‘‘local market’’ and ‘‘satellite section 403(a) of S. Con. Res. 13 (111th Con- istering the numerous programs adminis- carrier’’ have the meaning given such terms gress), the concurrent resolution on the tered by the Department that provide food in section 339(d) of the Communications Act budget for fiscal year 2010. In the House of assistance to foreign countries, including the of 1934 (47 U.S.C. 339(d)); and Representatives, sections 201, 211, and 232 of USAD Foreign Agricultural Service, the food (2) the term ‘‘television broadcast station’’ this Act are designated as an emergency for for Progress Program, the McGovern-Dole has the meaning given such term in section purposes of pay-as-you-go principles. International Food for Education and Child 325(b)(7) of such Act (47 U.S.C. 325(b)(7)). TITLE VIII—ADDITIONAL OFFSETS Nutrition Program, the food for Peace pro- SEC. 536. SAVINGS PROVISION REGARDING USE SEC. 801. REPEAL OF INCREASE OF THE OFFICE grams, the Bill Emerson Humanitarian OF NEGOTIATED LICENSES. BUDGETS OF MEMBERS OF CON- Trust, and the Local and Regional Procure- (a) IN GENERAL.—Nothing in this title, title GRESS. ment Projects; Provided further, That for any 17, United States Code, the Communications Of the funds made available under Public program for which funding is prohibited in Act of 1934, regulations promulgated by the Law 111–68 for the legislative branch, this section, any activities under that pro- Register of Copyrights under this title or $245,000,000 in unobligated balances are per- gram that are deemed by the Secretary to be title 17, United States Code, or regulations manently rescinded: Provided, That none of necessary or essential, the Secretary shall promulgated by the Federal Communica- the funding available for the Legislative assign to an existing program for which tions Commission under this title or the Branch be available for any pilot program funding is not prohibited in this section. Communications Act of 1934 shall be con- for mailings of postal patron postcards by SEC. 803. REPEAL OF EXCESSIVE OVERHEAD, strued to prevent a multichannel video pro- Senators for the purpose of providing notice ELIMINATION OF WASTEFUL SPEND- gramming distributor from retransmitting a of a town meeting by a Senator in a county ING, AND CONSOLIDATION OF DU- performance or display of a work pursuant to (or equivalent unit of local government) at PLICATIVE PROGRAMS AT THE DE- an authorization granted by the copyright which the Senator will personally attend. PARTMENT OF COMMERCE. owner or, if within the scope of its authoriza- SEC. 802. REPEAL OF EXCESSIVE OVERHEAD, Of the funds made available under Public tion, its licensee. ELIMINATION OF WASTEFUL SPEND- Law 111–117 for the Department of Com- (b) LIMITATION.—Nothing in subsection (a) ING, AND CONSOLIDATION OF DU- merce, $697,850,000 in unobligated balances shall be construed to affect any obligation of PLICATIVE PROGRAMS AT THE DE- are permanently rescinded: Provided, That a multichannel video programming dis- PARTMENT OF AGRICULTURE. the Secretary shall work with the Secretary tributor under section 325(b) of the Commu- Of the funds made available under Public of Agriculture to consolidate and reduce the nications Act of 1934 to obtain the authority Law 111-80 for the Department of Agri- cost of administering the programs adminis- of a television broadcast station before re- culture, $1,342,800,000 in unobligated balances tered by both Departments that provide transmitting that station’s signal. are permanently rescinded: Provided, That as rural public telecom grants, including elimi- SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT proposed by the President’s FY 2010 budget, nating USDA’s grants to rural public broad- OF COPYRIGHT. no funding may be available for the Eco- casting stations, as proposed by the Presi- Unless specifically provided otherwise, this nomic Action Program, which is duplicative dent’s FY 2010 budget, which duplicates the title, and the amendments made by this of USDA’s Urban and Community Forestry Department of Commerce’s Public Tele- title, shall take effect on February 27, 2010, program, has been poorly managed, and has communications Facilities Program, and the and all references to enactment of this Act funded questionable initiatives such as Corporation for Public Broadcasting, which shall be deemed to refer to such date unless music festivals: Provided further, That no also receives Federal funding: Provided fur- otherwise specified. The secondary trans- funding may be available for the High En- ther, That no funding may be made available mission of a performance or display of a ergy Cost grant program, which is duplica- for the Hollings Manufacturing Extension work embodied in a primary transmission is tive of the $6,000,000,000 in low interest loan Partnership Program, which duplicates the not an infringement of copyright if it was programs offered by the UDSA’s Rural Utili- Small Business Administration’s Small Busi- made by a satellite carrier on or after Feb- ties Service: Provided further, That as in- ness Development Centers and which has ruary 27, 2010 and prior to enactment of this cluded in the Congressional Budget Office’s been found by the Office of Management and Act, and was in compliance with the law as August 2009 Budget Options document, which Budget to ‘‘only serve a small percentage of in existence on February 27, 2010. states that the program ‘‘merely replaces small manufactures each year’’: Provided fur- private spending with public spending’’, no Subtitle D—Severability ther, That the Secretary shall work with the funding may be available for the Foreign SEC. 541. SEVERABILITY. Secretaries of Housing and Rural Develop- Market Development Program, which also ment and Agriculture to consolidate and re- If any provision of this title, an amend- duplicates the Foreign Agricultures Serv- ment made by this title, or the application duce the cost of administering the programs ice’s Market Access Program: Provided fur- administered by these Departments relating of such provision or amendment to any per- ther, That the Secretary shall consolidate son or circumstance is held to be unconstitu- to Economic Development, including the fol- and reduce the cost of administering the nu- lowing programs, the Economic Develop- tional, the remainder of this title, the merous programs administered by the De- amendments made by this title, and the ap- ment Administration, the Community Devel- partment relating to encouraging conserva- opment Block Grants, Rural Development plication of such provision or amendment to tion, including the Conservation Steward- any person or circumstance shall not be af- Administration grants, the National Com- ship Program, which the Government Ac- munity Development Initiative, the fected thereby. countability Office revealed in 2006 is dupli- TITLE VI—OTHER PROVISIONS Brownfields Economic Development Initia- cative of other USDA conservations efforts, tive, the Rural Housing and Economic Devel- SEC. 601. INCREASE IN THE MEDICARE PHYSI- including the Conservation Reserve Pro- opment grants, the Community Service CIAN PAYMENT UPDATE. gram, the Wetlands Reserve Program, the Paragraph (10) of section 1848(d) of the So- Block Grants, the Delta Regional Authority, Farmland Protection Program, the Wildlife the Community Economic Development cial Security Act, as added by section 1011(a) Habitat Program, and the Grassland Reserve of the Department of Defense Appropriations grants, and the Historically Underutilized Program: Provided further, That the Sec- Business Zone program: Provided further, Act, 2010 (Public Law 111–118), is amended— retary shall work with the Secretary of En- (1) in subparagraph (A), by striking ‘‘Feb- That for any program for which funding is ergy to consolidate and reduce the cost of prohibited in this section, any activities ruary 28, 2010’’ and inserting ‘‘September 30, administering the numerous programs ad- 2010’’; and under that program that are deemed by the ministered by both Departments relating to Secretary to be necessary or essential, the (2) in subparagraph (B), by striking ‘‘March bioenergy promotion, including the Depart- 1, 2010’’ and inserting ‘‘October 1, 2010’’. Secretary shall assign to an existing pro- ment of Energy’s Biomass Program, the De- gram for which funding is not prohibited in TITLE VII—DETERMINATION OF partment of Agriculture’s Biomass Crop As- this section. BUDGETARY EFFECTS sistance Program, the Biorefinery Program SEC. 804. REPEAL OF EXCESSIVE OVERHEAD, SEC. 701. DETERMINATION OF BUDGETARY EF- for Advanced Fuels Program, and the ELIMINATION OF WASTEFUL SPEND- FECTS. Biobased Products and Bioenergy Program, ING, AND CONSOLIDATION OF DU- (a) IN GENERAL.—The budgetary effects of the Biorefinery Repowering Assistance Pro- PLICATIVE PROGRAMS AT THE DE- this Act, for the purpose of complying with gram, the New Era Rural Technology Com- PARTMENT OF EDUCATION. the Statutory Pay-As-You-Go-Act of 2010, petitive Grants Program, and the Feedstock Of the funds made available under Public shall be determined by reference to the lat- Flexibility Program: Provided further, That Law 111–117 for the Department of Edu- est statement titled ‘‘Budgetary Effects of the Secretary shall work with the Secretary cation, $3,213,800,000 in unobligated balances PAYGO Legislation’’ for this Act, submitted of Energy to consolidate and reduce the cost are permanently rescinded: Provided, That for printing in the Congressional Record by of administering the numerous programs ad- the Secretary shall work with Secretaries the Chairman of the Senate Budget Com- ministered by both Departments relating to from other Federal Departments to consoli- mittee, provided that such statement has alternative energy, including the Depart- date and reduce the cost of administering been submitted prior to the vote on passage. ment of Energy’s Geothermal Technology the at least 30 Federal programs that provide

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REPEAL OF EXCESSIVE OVERHEAD, postsecondary education in the forms of Block Grants, and the Energy Start Energy ELIMINATION OF WASTEFUL SPEND- grants, scholarships, fellowships, and other Efficient appliance Rebate Program: Pro- ING, AND CONSOLIDATION OF DU- types of stipends, including the 15 such pro- vided further, That the Secretary shall con- PLICATIVE PROGRAMS AT THE DE- PARTMENT OF INTERIOR. grams at the Department of Education, such solidate and reduce the cost of administering Of the funds made available under Public as the Academic Competitiveness Grants, the various vehicle technology programs at Law 111–88 for the Department of Interior, the TEACH grants, the Federal Supple- the Department, including the Vehicle Tech- $606,200,000 in unobligated balances are per- mental Education Opportunity Grants, the nologies program, the Advanced Battery manently rescinded: Provided, That the Sec- Leveraging Educational Assistance Program, Manufacturing grants, the Advanced Tech- retary shall consolidate and reduce the cost the Javits Fellowships Program, Graduate nology Vehicles Manufacturing Loans Pro- of administering the at least 11 historic pres- Assistance in Areas of National Need pro- gram, and the Innovative Technology Loan ervation programs at the Department, in- gram, as well as the three similar programs Guarantee Program. cluding the 9 preservation programs at the administered by the National Science Foun- SEC. 806. REPEAL OF EXCESSIVE OVERHEAD, Heritage Preservation Services, such as the dation, such as the Robert Noyce Teacher ELIMINATION OF WASTEFUL SPEND- Federal Agency Preservation Assistance Pro- Scholarship program, as well as a program at ING, AND CONSOLIDATION OF DU- gram, the Historic Preservation Planning the Department of Justice and one at the PLICATIVE PROGRAMS AT THE DE- PARTMENT OF HEALTH AND HUMAN Program, the Technical Preservation Serv- Health Resources Administration: Provided SERVICES. ices for Historic Buildings, as well as the further, That the Secretary shall work with Of the funds made available under Public Save America’s Treasures Grant Program, Secretaries from other Federal Departments Law 111–117 for the Department of Health the Advisory Council on Historic Preserva- to consolidate and reduce the cost of admin- and Human Services, $4,116,950,000 in unobli- tion, and the Preserve America program: istering the at least 69 Federal programs gated balances are permanently rescinded: Provided further, That the Secretary shall dedicated in full or in part to supporting Provided, That the Secretary, in coordination consolidate and reduce the cost of admin- early childhood education and child care, as with the heads of other Departments and istering the various climate change impact outlined by the Government Accountability agencies, shall consolidate the programs programs at the Department, including the Office, which found that these 69 education that support nonresidential buildings and fa- Bureau of Indian Affairs office Tackling Cli- programs are spread across 10 different agen- cilities construction, including the 29 pro- mate Impacts Initiative, the U.S. Geological cies: Provided further, That the Secretary grams across 8 Federal agencies identified by Survey’s National Climate Change and Wild- shall work with Secretaries from other Fed- the Government Accountability Office. The life Science Center, the U.S. Fish and Wild- eral Departments to consolidate and reduce Secretary, in coordination with the Sec- life Service climate change initiatives, and the cost of administering the at least 105 retary of HUD and USDA and other appro- the state and tribal wildlife conservation Federal science, technology, math, and engi- priate departments and agencies, shall con- grants which are being provided to entities neering education programs, as outlined by solidate duplicative programs intended to re- to adapt and mitigate the impacts of climate the Academic Competitiveness Council, duce poverty and revitalize low-income com- change on wildlife: Provided further, That the which found that these 105 education pro- munities, including the HHS Community Secretary shall consolidate and reduce the grams are spread across numerous Federal Services Block Grant, the HUD Community cost of administering the dozens of invasive agencies: Provided further, That the Sec- Development Block Grant, and USDA Rural species research, monitoring, and eradi- retary shall work with Secretaries from Development program: Provided further, That cation programs at the Department, includ- other Federal Departments to consolidate the Secretary shall work with Secretaries ing the eight programs administered by the and reduce the cost of administering the nu- from other Federal Departments to consoli- U.S. Fish and Wildlife Services, the similar merous student foreign exchange and inter- date and reduce the cost of administering programs administered by the Bureau of national education programs, including the the dozens of Federal programs, across mul- Land Management, the National Park Serv- at least 14 programs at the Department, in- tiple agencies, that funded childhood obesity ice, and the 4 Federal councils created to co- cluding the American Overseas Research programs, either as the main focus or as one ordinate Federal invasive species efforts, the Centers, Business and International Edu- component of the Federal program. National Invasive Species Council, the Na- cation, Centers for International Business SEC. 807. REPEAL OF EXCESSIVE OVERHEAD, tional Invasive Species Information Center, Education, the Foreign Language and Area ELIMINATION OF WASTEFUL SPEND- the Federal Interagency Committee for the Studies Fellowships, the Institute for Inter- ING, AND CONSOLIDATION OF DU- Management of Noxious and Exotic Weeds, national Public Policy, the International Re- PLICATIVE PROGRAMS AT THE DE- and the Aquatic Nuisance Species Task PARTMENT OF HOMELAND SECU- search and Studies, the Language Resource Force. Centers, the National Resource Centers, the RITY. Of the funds made available under Public SEC. 810. REPEAL OF EXCESSIVE OVERHEAD, Technological Innovation and Cooperation Law 111–83 for the Department of Homeland ELIMINATION OF WASTEFUL SPEND- for Foreign Information Access, and the Un- ING, AND CONSOLIDATION OF DU- Security, $2,205,000,000 in unobligated bal- dergraduate International Studies and For- PLICATIVE PROGRAMS AT THE DE- ances are permanently rescinded: Provided, eign Language Program, the State Depart- PARTMENT OF JUSTICE. That the Secretary shall work with Secre- ment’s Benjamin A. Gilman International Of the funds made available under Public taries from other Federal Departments to Scholarship Program, the Boren National Law 111–117 for the Department of Justice, consolidate and reduce the cost of admin- $1,385,100,000 in unobligated balances are per- Security Education Trust Fund, and ex- istering the dozens of Federal homeland se- change programs administered by the Na- manently rescinded: Provided, That the At- curity programs, as identified by the Office torney General in coordination with the tional Science Foundation’s Office of Inter- of Management and Budget, which states national Science and Engineering. heads of other Departments and agencies, that ‘‘a total of 31 agency budgets include shall consolidate Federal offender reentry SEC. 805. REPEAL OF EXCESSIVE OVERHEAD, Federal homeland security funding in 2010’’. ELIMINATION OF WASTEFUL SPEND- programs, including those authorized by the SEC. 808. REPEAL OF EXCESSIVE OVERHEAD, ING, AND CONSOLIDATION OF DU- Second Chance Act, the DOJ Office of Jus- ELIMINATION OF WASTEFUL SPEND- PLICATIVE PROGRAMS AT THE DE- tice Programs Bureau of Justice Assistance ING, AND CONSOLIDATION OF DU- PARTMENT OF ENERGY. Prisoner Reentry Initiative, the Department PLICATIVE PROGRAMS AT THE DE- Of the funds made available under Public PARTMENT OF HOUSING AND URBAN of Labor Reintegration of Ex-Offenders pro- Law 111-85 for the Department of Energy, DEVELOPMENT. gram, the Department of Education $1,321,800,000 in unobligated balances are per- Of the funds made available under Public Lifeskills for State and Local Inmates Pro- manently rescinded: Provided, That the Sec- Law 111–117 for the Department of Housing grams, and the HHS Young Offender Reentry retary shall work with Secretaries from and Urban Development, $2,302,450,000 in un- Program: Provided further, That the Attorney other Federal Departments to consolidate obligated balances are permanently re- General shall consolidate the four duplica- and reduce the cost of administering the var- scinded: Provided, That the Secretary shall tive grant programs, including the State ious Federal weatherization efforts, includ- work with Secretaries from other Federal Formula Grant program, the Juvenile Delin- ing Federal funding for State-run weather- Departments to consolidate and reduce the quency Prevention Block Grant program, the ization projects, the Department of Energy’s cost of administering the various Federal Challenge/Demonstration Grant program, Energy Conservation and Weatherization programs aimed at addressing homelessness, and the Title V grant program, administered grants, as well as the Department of Ener- including the Supportive Housing Program, under the Juvenile Justice and Delinquency gy’s building Technologies Program, the the Shelter Plus Care Program, the Single Prevention Act and reduce the cost of ad- LIHEAP weatherization efforts, the National Room Occupancy Program, the Emergency ministering such programs: Provided further, Park Service’s Weatherization and Improv- Shelter Grant Program, programs at Health That the Attorney General, in coordination ing the Energy Efficiency of Historic Build- and Human Services such as the Basic Cen- with the Secretary of Health and Human ings program, and the Department of Hous- ter Program, Projects for Assistance in Services (HHS) and the Office of National ing and Urban Development’s Energy Inno- Transition from Homelessness, and the Drug Control Policy (ONDCP), shall consoli- vation Fund: Provided further, That the Sec- Street Outreach Program, and also including date Federal programs that assist state drug retary shall consolidate and reduce the cost the more than 23 housing programs identi- courts, including substance abuse treatment of administering the various energy grant fied by the Government Accounting Office services for offenders, such as the HHS programs, including the Tribal Energy grant that target or have special features for the Adult, Juvenile, and Family Drug Court pro- program, which overlaps with the Depart- elderly. gram, the Substance Abuse and Mental

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Health Services Administration Drug Court SEC. 815. RESCISSION OF UNSPENT AND UNCOM- (3) EFFECTIVE DATE.—The amendments Treatment Program, the DOJ Drug Court MITTED FUNDS FEDERAL FUNDS. made by this subsection shall apply to stock Program, the ONDCP National Drug Court Notwithstanding any other provision of issued after December 31, 2009. Institute: Provided further, That the Attor- law, of the $657,000,000,000 in Federal funds (c) TREATMENT OF STOCK OWNED BY SMALL ney General shall eliminate the National unobligated at the end of fiscal year 2009, the BUSINESS INVESTMENT COMPANIES.— Drug Intelligence Center (NDIC) which dupli- discretionary, unexpired funds available for (1) IN GENERAL.—Section 1202(c) is amended cates the activities of 19 other drug intel- more than 2 consecutive fiscal years, as of by adding at the end the following new para- ligence centers and reassign any essential the date of enactment of this Act, are perma- graph: duties performed by NDIC. nently rescinded. ‘‘(4) TREATMENT OF STOCK OWNED BY SMALL SEC. 816. IMPLEMENTATION OF RESCISSIONS. SEC. 811. REPEAL OF EXCESSIVE OVERHEAD, BUSINESS INVESTMENT COMPANIES.—Notwith- ELIMINATION OF WASTEFUL SPEND- All rescissions required by this title— standing any other provision of this sub- ING, AND CONSOLIDATION OF DU- (1) shall come from discretionary amounts section or subsection (e), the term ‘qualified PLICATIVE PROGRAMS AT THE DE- appropriated; and small business stock’ shall include stock of a PARTMENT OF LABOR. (2) should be rescinded not later 14 days corporation— Of the funds made available under Public after the date of enactment of this title. ‘‘(A) held by a small business investment Law 111–117 for the Department of Labor, company licensed and operating under the $679,100,000 in unobligated balances are per- SA 3362. Mr. WARNER submitted an Small Business Investment Act of 1958 (15 manently rescinded: Provided, That the Sec- amendment intended to be proposed to U.S.C. 661 et seq.) or held by a company en- retary, in coordination with the heads of amendment SA 3336 proposed by Mr. gaged in the licensing process under such other Departments and agencies, shall con- BAUCUS to the bill H.R. 4213, to amend Act where the investment has been approved solidate the 18 programs administered by the the Internal Revenue Code of 1986 to by the Small Business Administration, and Department and ten programs administered extend certain expiring provisions, and ‘‘(B) issued after December 31, 2009, and be- by other agencies that support job training for other purposes; which was ordered fore January 1, 2011.’’. and employment, such as the Adult Employ- to lie on the table; as follows: (2) EFFECTIVE DATE.—The amendment ment and Training Activities program, Dis- made by this subsection shall apply to stock located Worked Employment and Training After section 131, insert the following: issued after December 31, 2009. Activities, Youth Activities, YouthBuild, SEC. 131A. INCREASE IN ALTERNATIVE SIM- and the Migrant and Seasonal Farmers pro- PLIFIED RESEARCH CREDIT. SA 3364. Mr. KERRY (for himself and gram and reduce the cost of administering (a) INCREASED CREDIT.—Paragraph (5) of Mr. ENSIGN) submitted an amendment such programs. section 41(c) (relating to election of alter- intended to be proposed to amendment native simplified credit) is amended— SEC. 812. REPEAL OF EXCESSIVE OVERHEAD, (1) by striking ‘‘14 percent (12 percent in SA 3336 proposed by Mr. BAUCUS to the ELIMINATION OF WASTEFUL SPEND- bill H.R. 4213, to amend the Internal ING, AND CONSOLIDATION OF DU- the case of taxable years ending before Janu- PLICATIVE PROGRAMS AT THE DE- ary 1, 2009)’’ in subparagraph (A) and insert- Revenue Code of 1986 to extend certain PARTMENT OF STATE. ing ‘‘17 percent’’, and expiring provisions, and for other pur- Of the funds made available under Public (2) by striking ‘‘6 percent’’ in subparagraph poses; which was ordered to lie on the Law 111–117 for the Department of State, (B)(ii) and inserting ‘‘8.5 percent’’. table; as follows: (b) EFFECTIVE DATE.—The amendments $1,318,550,000 in unobligated balances are per- On page 268, between lines 11 and 12, insert made by this section shall apply to amounts manently rescinded: Provided, That in ac- the following: paid or incurred after December 31, 2009. cordance with the President’s FY 2010 budg- SEC. lll. REMOVAL OF CELLULAR TELE- et, no funding may be made available for the SA 3363. Mr. KERRY (for himself, Ms. PHONES (OR SIMILAR TELE- Center for Cultural and Technical Inter- COMMUNICATIONS EQUIPMENT) change Between East and West, which dupli- SNOWE, Ms. LANDRIEU, and Ms. FROM LISTED PROPERTY. cates the State Departments cultural ex- STABENOW) submitted an amendment (a) IN GENERAL.—Subparagraph (A) of sec- changes: Provided further, That no funding intended to be proposed to amendment tion 280F(d)(4) (defining listed property) is may be made available for the Asia Founda- SA 3336 proposed by Mr. BAUCUS to the amended by inserting ‘‘and’’ at the end of tion, which duplicates efforts at USAID and bill H.R. 4213, to amend the Internal clause (iv), by striking clause (v), and by re- the National Endowment for Democracy: Revenue Code of 1986 to extend certain designating clause (vi) as clause (v). Provided further, That for any program for (b) EFFECTIVE DATE.—The amendment expiring provisions, and for other pur- made by subsection (a) shall apply to taxable which funding is prohibited in this section, poses; which was ordered to lie on the any activities under that program that are years beginning after December 31, 2009. table; as follows: deemed by the Secretary to be necessary or SA 3365. Mr. WHITEHOUSE (for him- essential, the Secretary shall assign to an On page 268, between lines 11 and 12, insert existing program for which funding is not the following: self, Mr. KERRY, Mr. LIEBERMAN, Mr. prohibited in this section. SEC. lll. TREATMENT OF CERTAIN SMALL DODD, Mrs. SHAHEEN, and Mr. BROWN of BUSINESS STOCK. SEC. 813. REPEAL OF EXCESSIVE OVERHEAD, Massachusetts) submitted an amend- ELIMINATION OF WASTEFUL SPEND- (a) INCREASE IN EXCLUSION FOR GAIN FROM ment intended to be proposed by him ING, AND CONSOLIDATION OF DU- CERTAIN SMALL BUSINESS STOCK.— to the bill H.R. 4213, to amend the In- PLICATIVE PROGRAMS AT THE DE- (1) IN GENERAL.—Paragraph (3) of section ternal Revenue Code of 1986 to extend PARTMENT OF TRANSPORTATION. 1202(a) is amended to read as follows: certain expiring provisions, and for Of the funds made available under Public ‘‘(C) SPECIAL RULES FOR 2009 AND 2010.— Law 111–117 for the Department of Transpor- ‘‘(i) 75 PERCENT EXCLUSION.—In the case of other purposes; which was ordered to tation, $1,090,500,000 in unobligated balances qualified small business stock acquired after lie on the table; as follows: are permanently rescinded: Provided, That February 17, 2009, and before the date of the At the appropriate place, insert the fol- the Secretary shall consolidate and reduce enactment of the American Workers, State, lowing: the costs of various duplicative highway pro- and Business Relief Act of 2010— SEC. lll. GAO STUDY. grams, including the regionally specific de- ‘‘(I) paragraph (1) shall be applied by sub- Not later than 180 days after the date of velopment programs, the Federal-Aid High- stituting ‘75 percent’ for ‘50 percent’, and enactment of this Act, the Comptroller Gen- way Programs under chapter I of title 23, ‘‘(II) paragraph (2) shall not apply. eral shall report to Congress detailing— United States Code, the Research programs ‘‘(ii) 100 PERCENT EXCLUSION.—In the case of (1) the pattern of job loss in the New Eng- authorized under title V of Public Law 109– qualified small business stock acquired on or land States over the past 20 years; 59: Provided further, That the Secretary shall after the date of the enactment of the Amer- (2) the role of the off-shoring of manufac- consolidate and reduce the costs of various ican Workers, State, and Business Relief Act turing jobs in overall job loss in the region; rail-line relocation grant programs, includ- of 2010 and before January 1, 2011— and ing the Rail-Line Relocation and Improve- ‘‘(I) paragraph (1) shall be applied by sub- (3) recommendations to attract industries ment Capital Program, and the Highway- stituting ‘100 percent’ for ‘50 percent’, and and bring jobs to the region. Rail Crossings Program, the Railroad Reha- ‘‘(II) paragraph (2) shall not apply.’’. bilitation and Improvement Financing pro- (2) EFFECTIVE DATE.—The amendment SA 3366. Mr. LEMIEUX submitted an gram. made by this subsection shall apply to stock amendment intended to be proposed to SEC. 814. REPEAL OF EXCESSIVE OVERHEAD, acquired after the date of the enactment of amendment SA 3336 proposed by Mr. ELIMINATION OF WASTEFUL SPEND- this Act. BAUCUS to the bill H.R. 4213, to amend ING, AND CONSOLIDATION OF DU- (b) REPEAL OF MINIMUM TAX PREFERENCE.— the Internal Revenue Code of 1986 to PLICATIVE PROGRAMS AT THE DE- (1) IN GENERAL.—Subsection (a) of section PARTMENT OF TREASURY. 57 is amended by striking paragraph (7). extend certain expiring provisions, and Of the funds made available under Public (2) TECHNICAL AMENDMENT.—Subclause (II) for other purposes; which was ordered Law 111–117 for the Department of Treasury, of section 53(d)(1)(B)(ii) of such Code is to lie on the table; as follows: $677,650,000 in unobligated balances are per- amended by striking ‘‘, (5), and (7)’’ and in- At the appropriate place in title VI, insert manently rescinded. serting ‘‘and (5)’’. the following:

VerDate Nov 24 2008 04:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.108 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1091 SEC. 6ll. WEATHERIZATION ASSISTANCE FOR SEC. 804. MAXIMUM LOAN LIMITS UNDER ments of loan guarantees to different bor- LOW-INCOME PERSONS. MICROLOAN PROGRAM. rowers that are divided under this paragraph (a) PRE-DISASTER HAZARD MITIGATION Section 7(m) of the Small Business Act (15 may be included in the same pool.’’. HOME IMPROVEMENTS.—Section 412(9) of the U.S.C. 636(m)) is amended— SEC. 808. ONLINE LENDING PLATFORM. Energy Conservation and Production Act (42 (1) in paragraph (1)(B)(iii), by striking It is the sense of Congress that the Admin- U.S.C. 6862(9)) is amended— ‘‘$35,000’’ and inserting ‘‘$50,000’’; istrator of the Small Business Administra- (1) in subparagraph (I), by striking ‘‘and’’ (2) in paragraph (3)— tion should establish a website that— after the semicolon at the end; (A) in subparagraph (C), by striking (1) lists each lender that makes loans guar- (2) by redesignating subparagraph (J) as ‘‘$3,500,000’’ and inserting ‘‘$5,000,000’’; and anteed by the Small Business Administra- subparagraph (K); and (B) in subparagraph (E), by striking tion and provides information about the loan (3) by inserting after subparagraph (I) the ‘‘$35,000’’ each place that term appears and rates of each such lender; and following: inserting ‘‘$50,000’’; and (2) allows prospective borrowers to com- ‘‘(J) pre-disaster hazard mitigation home (3) in paragraph (11)(B), by striking pare rates on loans guaranteed by the Small improvements designed to decrease the loss ‘‘$35,000’’ and inserting ‘‘$50,000’’. Business Administration. of life or property resulting from a natural SEC. 805. NEW MARKETS VENTURE CAPITAL COM- SEC. 809. LOW-INTEREST REFINANCING UNDER disaster (as defined in section 602 of the Rob- PANY INVESTMENT LIMITATIONS. THE LOCAL DEVELOPMENT BUSI- ert T. Stafford Disaster Relief and Emer- Section 355 of the Small Business Invest- NESS LOAN PROGRAM. gency Assistance Act (42 U.S.C. 5195a)) if the ment Act of 1958 (15 U.S.C. 689d) is amended (a) REFINANCING.—Section 502(7) of the home improvements result in increased en- by adding at the end the following: Small Business Investment Act of 1958 (15 ergy efficiency or weatherization, including ‘‘(e) INVESTMENT LIMITATIONS.— U.S.C. 696(7)) is amended by adding at the end the following: wind resistant and energy efficient windows, ‘‘(1) DEFINITION.—In this subsection, the window coverings, doors, and roofing (includ- term ‘covered New Markets Venture Capital ‘‘(C) REFINANCING NOT INVOLVING EXPAN- ing secondary roof water barriers); and’’. company’ means a New Markets Venture SIONS.— (b) LIMITATION ON EXPENDITURES.—Section Capital company— ‘‘(i) DEFINITIONS.—In this subparagraph— ‘‘(I) the term ‘borrower’ means a small 415(c)(1) of the Energy Conservation and Pro- ‘‘(A) granted final approval by the Admin- business concern that submits an application duction Act (42 U.S.C. 6865(c)(1)) is amended istrator under section 354(e) on or after to a development company for financing in the first sentence by striking ‘‘$6,500’’ and March 1, 2002; and under this subparagraph; inserting ‘‘$8,500’’. ‘‘(B) that has obtained a financing from ‘‘(II) the term ‘eligible fixed asset’ means the Administrator. Mr. THUNE (for himself, Mr. tangible property relating to which the Ad- SA 3367. ‘‘(2) LIMITATION.—Except to the extent ap- ministrator may provide financing under ENZI, and Mr. VITTER) submitted an proved by the Administrator, a covered New this section; and amendment intended to be proposed to Markets Venture Capital company may not ‘‘(III) the term ‘qualified debt’ means in- amendment SA 3345 proposed by Ms. acquire or issue commitments for securities debtedness— under this title for any single enterprise in LANDRIEU and intended to be proposed ‘‘(aa) that— to the amendment SA 3336 proposed by an aggregate amount equal to more than 10 ‘‘(AA) was incurred not less than 2 years Mr. BAUCUS to the bill H.R. 4213, to percent of the sum of— before the date of the application for assist- amend the Internal Revenue Code of ‘‘(A) the regulatory capital of the covered ance under this subparagraph; New Markets Venture Capital company; and 1986 to extend certain expiring provi- ‘‘(BB) is a commercial loan; ‘‘(B) the total amount of leverage projected ‘‘(CC) is not subject to a guarantee by a sions, and for other purposes; which in the participation agreement of the cov- was ordered to lie on the table; as fol- Federal agency; ered New Markets Venture Capital.’’. ‘‘(DD) the proceeds of which were used to lows: SEC. 806. ALTERNATIVE SIZE STANDARDS. acquire an eligible fixed asset; In lieu of the matter proposed to be in- Section 3(a) of the Small Business Act (15 ‘‘(EE) was incurred for the benefit of the serted, insert the following: U.S.C. 632(a)) is amended by adding at the small business concern; and TITLE VIII—SMALL BUSINESS LOANS end the following: ‘‘(FF) is collateralized by eligible fixed as- SEC. 801. SHORT TITLE. ‘‘(5) ALTERNATIVE SIZE STANDARD.— sets; and This title may be cited as the ‘‘Small Busi- ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(bb) for which the borrower has been cur- ness Job Creation and Access to Capital Act establish an alternative size standard for ap- rent on all payments for not less than 1 year of 2010’’. plicants for business loans under section 7(a) before the date of the application. SEC. 802. SECTION 7(a) BUSINESS LOANS. and applicants for development company ‘‘(ii) AUTHORITY.—A project that does not (a) AMENDMENT.—Section 7(a) of the Small loans under title V of the Small Business In- involve the expansion of a small business Business Act (15 U.S.C. 636(a)) is amended— vestment Act of 1958 (15 U.S.C. 695 et seq.), concern may include the refinancing of (1) in paragraph (2)(A)— that uses maximum tangible net worth and qualified debt if— (A) in clause (i), by striking ‘‘75 percent’’ average net income as an alternative to the ‘‘(I) the amount of the financing is not and inserting ‘‘90 percent’’; and use of industry standards. more than 80 percent of the value of the col- (B) in clause (ii), by striking ‘‘85 percent’’ ‘‘(B) INTERIM RULE.—Until the date on lateral for the financing, except that, if the and inserting ‘‘90 percent’’; and which the alternative size standard estab- appraised value of the eligible fixed assets (2) in paragraph (3)(A), by striking lished under subparagraph (A) is in effect, an serving as collateral for the financing is less ‘‘$1,500,000 (or if the gross loan amount would applicant for a business loan under section than the amount equal to 125 percent of the exceed $2,000,000’’ and inserting ‘‘$4,500,000 (or 7(a) or an applicant for a development com- amount of the financing, the borrower may if the gross loan amount would exceed pany loan under title V of the Small Busi- provide additional cash or other collateral to $5,000,000’’. ness Investment Act of 1958 may be eligible eliminate any deficiency; (b) PROSPECTIVE REPEAL.—Effective Janu- for such a loan if— ‘‘(II) the borrower has been in operation for ary 1, 2011, section 7(a) of the Small Business ‘‘(i) the maximum tangible net worth of all of the 2-year period ending on the date of Act (15 U.S.C. 636(a)) is amended— the applicant is not more than $15,000,000; the loan; and (1) in paragraph (2)(A)— and ‘‘(III) for a financing for which the Admin- (A) in clause (i), by striking ‘‘90 percent’’ ‘‘(ii) the average net income after Federal istrator determines there will be an addi- and inserting ‘‘75 percent’’; and income taxes (excluding any carry-over tional cost attributable to the refinancing of (B) in clause (ii), by striking ‘‘90 percent’’ losses) of the applicant for the 2 full fiscal the qualified debt, the borrower agrees to and inserting ‘‘85 percent’’; and years before the date of the application is pay a fee in an amount equal to the antici- (2) in paragraph (3)(A), by striking not more than $5,000,000.’’. pated additional cost. ‘‘$4,500,000’’ and inserting ‘‘$3,750,000’’. SEC. 807. SALE OF 7(a) LOANS IN SECONDARY ‘‘(iii) FINANCING FOR BUSINESS EXPENSES.— SEC. 803. MAXIMUM LOAN AMOUNTS UNDER 504 MARKET. ‘‘(I) FINANCING FOR BUSINESS EXPENSES.— PROGRAM. Section 5(g) of the Small Business Act (15 The Administrator may provide financing to Section 502(2)(A) of the Small Business In- U.S.C. 634(g)) is amended by adding at the a borrower that receives financing that in- vestment Act of 1958 (15 U.S.C. 696(2)(A)) is end the following: cludes a refinancing of qualified debt under amended— ‘‘(6) If the amount of the guaranteed por- clause (ii), in addition to the refinancing (1) in clause (i), by striking ‘‘$1,500,000’’ and tion of any loan under section 7(a) is more under clause (ii), to be used solely for the inserting ‘‘$5,000,000’’; than $500,000, the Administrator shall, upon payment of business expenses. (2) in clause (ii), by striking ‘‘$2,000,000’’ request of a pool assembler, divide the loan ‘‘(II) APPLICATION FOR FINANCING.—An ap- and inserting ‘‘$5,000,000’’; guarantee into increments of $500,000 and 1 plication for financing under subclause (I) (3) in clause (iii), by striking ‘‘$4,000,000’’ increment of any remaining amount less shall include— and inserting ‘‘$5,500,000’’; than $500,000, in order to permit the max- ‘‘(aa) a specific description of the expenses (4) in clause (iv), by striking ‘‘$4,000,000’’ imum amount of any loan in a pool to be not for which the additional financing is re- and inserting ‘‘$5,500,000’’; and more than $500,000. Only 1 increment of any quested; and (5) in clause (v), by striking ‘‘$4,000,000’’ loan guarantee divided under this paragraph ‘‘(bb) an itemization of the amount of each and inserting ‘‘$5,500,000’’. may be included in the same pool. Incre- expense.

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‘‘(III) CONDITION ON ADDITIONAL FINANC- intermediaries, for the purpose of making the eligible intermediary for a loan under ING.—A borrower may not use any part of the loans to startup, newly established, and this subsection. financing under this clause for non-business growing small business concerns. ‘‘(D) REVIEW RESTRICTIONS.—The Adminis- purposes. ‘‘(3) PURPOSES.—The purposes of the Pro- trator may not review individual loans made ‘‘(iv) LOANS BASED ON JOBS.— gram are— by an eligible intermediary to a small busi- ‘‘(I) JOB CREATION AND RETENTION GOALS.— ‘‘(A) to assist small business concerns in ness concern before approval of the loan by ‘‘(aa) IN GENERAL.—The Administrator may areas suffering from a lack of credit due to the eligible intermediary. provide financing under this subparagraph poor economic conditions or changes in the ‘‘(6) TERMINATION.—The authority of the for a borrower that meets the job creation financial market; and Administrator to make loans under the Pro- goals under subsection (d) or (e) of section ‘‘(B) to establish a loan program under gram shall terminate 3 years after the date 501. which the Administrator may provide loans of enactment of the Small Business Job Cre- ‘‘(bb) ALTERNATE JOB RETENTION GOAL.— to eligible intermediaries to enable the eligi- ation and Access to Capital Act of 2010.’’. The Administrator may provide financing ble intermediaries to provide loans to start- (b) RULEMAKING AUTHORITY.—Not later under this subparagraph to a borrower that up, newly established, and growing small than 180 days after the date of enactment of does not meet the goals described in item business concerns for working capital, real this Act, the Administrator shall issue regu- (aa) in an amount that is not more than the estate, or the acquisition of materials, sup- lations to carry out section 7(l) of the Small product obtained by multiplying the number plies, or equipment. Business Act, as amended by subsection (a). of employees of the borrower by $65,000. ‘‘(4) LOANS TO ELIGIBLE INTERMEDIARIES.— (c) AVAILABILITY OF FUNDS.—Any amounts ‘‘(II) NUMBER OF EMPLOYEES.—For purposes ‘‘(A) APPLICATION.—Each eligible inter- provided to the Administrator for the pur- of subclause (I), the number of employees of mediary desiring a loan under this sub- poses of carrying out section 7(l) of the a borrower is equal to the sum of— section shall submit an application to the Small Business Act, as amended by sub- ‘‘(aa) the number of full-time employees of Administrator that describes— section (a), shall remain available until ex- the borrower on the date on which the bor- ‘‘(i) the type of small business concerns to pended. rower applies for a loan under this subpara- be assisted; SEC. 811. PROHIBITION ON USING TARP FUNDS graph; and ‘‘(ii) the size and range of loans to be made; OR TAX INCREASES. ‘‘(bb) the product obtained by multi- ‘‘(iii) the interest rate and terms of loans (a) IN GENERAL.—Except as provided in plying— to be made; subsection (b), nothing in this title or the ‘‘(AA) the number of part-time employees ‘‘(iv) the geographic area to be served and amendments made by this title shall be con- of the borrower on the date on which the bor- the economic, poverty, and unemployment strued to limit the ability of Congress to ap- rower applies for a loan under this subpara- characteristics of the area; propriate funds. ‘‘(v) the status of small business concerns graph; by (b) TARP FUNDS AND TAX INCREASES.— in the area to be served and an analysis of ‘‘(BB) the quotient obtained by dividing (1) IN GENERAL.—Any covered amounts may the average number of hours each part time the availability of credit; and not be used to carry out this title or an employee of the borrower works each week ‘‘(vi) the qualifications of the applicant to amendment made by this title. carry out this subsection. by 40. (2) DEFINITION.—In this subsection, the ‘‘(B) LOAN LIMITS.—No loan may be made ‘‘(v) NONDELEGATION.—Notwithstanding term ‘‘covered amounts’’ means— to an eligible intermediary under this sub- section 508(e), the Administrator may not (A) the amounts made available to the Sec- section if the total amount outstanding and permit a premier certified lender to approve retary of the Treasury under title I of the committed to the eligible intermediary by or disapprove an application for assistance Emergency Economic Stabilization Act of the Administrator would, as a result of such under this subparagraph. 2008 (12 U.S.C. 5201 et seq.) to purchase (under loan, exceed $1,000,000 during the participa- ‘‘(vi) TOTAL AMOUNT OF LOANS.—The Ad- section 101) or guarantee (under section 102) tion of the eligible intermediary in the Pro- ministrator may provide not more than a assets under that Act; and gram. total of $4,000,000,000 of financing under this (B) any revenue increase attributable to ‘‘(C) LOAN DURATION.—Loans made by the subparagraph for each fiscal year.’’. any amendment to the Internal Revenue Administrator under this subsection shall be (b) PROSPECTIVE REPEAL.—Effective 2 years for a term of 20 years. Code of 1986 made during the period begin- after the date of enactment of this Act, sec- ning on the date of enactment of this Act ‘‘(D) APPLICABLE INTEREST RATES.—Loans tion 502(7) of the Small Business Investment and ending on December 31, 2010. Act of 1958 (15 U.S.C. 696(7)) is amended by made by the Administrator to an eligible intermediary under the Program shall bear striking subparagraph (C). SA 3368. Mr. FEINGOLD (for himself (c) TECHNICAL CORRECTION.—Section an annual interest rate equal to 1.00 percent. and Mr. COBURN) submitted an amend- 502(2)(A)(i) of the Small Business Investment ‘‘(E) FEES; COLLATERAL.—The Adminis- Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended trator may not charge any fees or require ment intended to be proposed to by striking ‘‘subparagraph (B) or (C)’’ and in- collateral with respect to any loan made to amendment SA 3336 proposed by Mr. serting ‘‘clause (ii), (iii), (iv), or (v)’’. an eligible intermediary under this sub- BAUCUS to the bill H.R. 4213, to amend SEC. 810. SMALL BUSINESS INTERMEDIARY LEND- section. the Internal Revenue Code of 1986 to ING PILOT PROGRAM. ‘‘(F) DELAYED PAYMENTS.—The Adminis- extend certain expiring provisions, and trator shall not require the repayment of (a) IN GENERAL.—Section 7 of the Small for other purposes; as follows: Business Act (15 U.S.C. 636) is amended by principal or interest on a loan made to an el- striking subsection (l) and inserting the fol- igible intermediary under the Program dur- At the appropriate place, insert the fol- lowing: ing the 2-year period beginning on the date lowing: ‘‘(l) SMALL BUSINESS INTERMEDIARY LEND- of the initial disbursement of funds under TITLE lll—RESCISSION OF UNUSED TRANS- ING PILOT PROGRAM.— that loan. PORTATION EARMARKS AND GEN- ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(G) MAXIMUM PARTICIPANTS AND ERAL REPORTING REQUIREMENT SEC. l01. DEFINITION. ‘‘(A) the term ‘eligible intermediary’— AMOUNTS.—During each of fiscal years 2010, ‘‘(i) means a private, nonprofit entity 2011, and 2012, the Administrator may make In this title, the term ‘‘earmark’’ means that— loans under the Program— the following: ‘‘(I) seeks or has been awarded a loan from ‘‘(i) to not more than 20 eligible inter- (1) A congressionally directed spending the Administrator to make loans to small mediaries; and item, as defined in Rule XLIV of the Stand- business concerns under this subsection; and ‘‘(ii) in a total amount of not more than ing Rules of the Senate. ‘‘(II) has not less than 1 year of experience $20,000,000. (2) A congressional earmark, as defined for making loans to startup, newly established, ‘‘(5) LOANS TO SMALL BUSINESS CONCERNS.— purposes of Rule XXI of the Rules of the or growing small business concerns; and ‘‘(A) IN GENERAL.—The Administrator, House of Representatives. ‘‘(ii) includes— through an eligible intermediary, shall make SEC. l02. RESCISSION. ‘‘(I) a private, nonprofit community devel- loans to startup, newly established, and Any appropriated earmark provided for the opment corporation; growing small business concerns for working Department of Transportation with more ‘‘(II) a consortium of private, nonprofit or- capital, real estate, and the acquisition of than 90 percent of the appropriated amount ganizations or nonprofit community develop- materials, supplies, furniture, fixtures, and remaining available for obligation at the end ment corporations; and equipment. of the 9th fiscal year following the fiscal ‘‘(III) an agency of or nonprofit entity es- ‘‘(B) MAXIMUM LOAN.—An eligible inter- year in which the earmark was made avail- tablished by a Native American Tribal Gov- mediary may not make a loan under this able is rescinded effective at the end of that ernment; and subsection of more than $200,000 to any 1 9th fiscal year. ‘‘(B) the term ‘Program’ means the small small business concern. SEC. l03. AGENCY WIDE IDENTIFICATION AND business intermediary lending pilot program ‘‘(C) APPLICABLE INTEREST RATES.—A loan REPORTS. established under paragraph (2). made by an eligible intermediary to a small (a) AGENCY IDENTIFICATION.—Each Federal ‘‘(2) ESTABLISHMENT.—There is established business concern under this subsection, may agency shall identify and report every a 3-year small business intermediary lending have a fixed or a variable interest rate, and project that is an earmark with an unobli- pilot program, under which the Adminis- shall bear an interest rate specified by the gated balance at the end of each fiscal year trator may make direct loans to eligible eligible intermediary in the application of to the Director of OMB.

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(b) ANNUAL REPORT.—The Director of OMB (1) IN GENERAL.—Subclause (II) of section (1) QUALIFYING CONTRACT.—The term shall submit to Congress and publically post 45(e)(8)(D)(ii) is amended to read as follows: ‘‘qualifying contract’’ means a contract that on the website of OMB an annual report that ‘‘(II) CREDIT PERIOD.—In lieu of the 10-year has not been terminated by the Bureau of includes— period referred to in clauses (i) and (ii)(II) of Land Management for the sale of timber on (1) a listing and accounting for earmarks subparagraph (A), the credit period shall be lands administered by the Bureau of Land with unobligated balances summarized by the period beginning on the date that the fa- Management that meets all of the following agency including the amount of the original cility first produces steel industry fuel that criteria: earmark, amount of the unobligated balance, is sold to an unrelated person after Sep- (A) The contract was awarded during the the year when the funding expires, if applica- tember 30, 2008, and ending 2 years after such period beginning on January 1, 2005, and end- ble, and recommendations and justifications date.’’. ing on December 31, 2008. for whether each earmark should be re- (2) CONFORMING AMENDMENT.—Section (B) There is unharvested volume remaining scinded or retained in the next fiscal year; 45(e)(8)(D) is amended by striking clause (iii) for the contract. (2) the number of rescissions resulting and by redesignating clause (iv) as clause (C) The contract is not a salvage sale. from this title and the annual savings result- (iii). (D) The Secretary determined there is not ing from this title for the previous fiscal (b) EXTENSION OF PLACED-IN-SERVICE an urgent need to harvest under the contract year; and DATE.—Subparagraph (A) of section 45(d)(8) due to deteriorating timber conditions that (3) a listing and accounting for earmarks is amended— developed after the award of the contract. provided for the Department of Transpor- (1) by striking ‘‘(or any modification to a (2) SECRETARY.—The term ‘‘Secretary’’ tation scheduled to be rescinded at the end facility)’’, and means the Secretary of the Interior, acting of the current fiscal year. (2) by striking ‘‘2010’’ and inserting ‘‘2011’’. through the Director of Bureau of Land Man- (c) CLARIFICATIONS.— agement. Mr. ROCKEFELLER sub- SA 3369. (1) STEEL INDUSTRY FUEL.—Subclause (I) of (3) TIMBER PURCHASER.—The term ‘‘timber mitted an amendment intended to be section 45(c)(7)(C)(i) is amended by inserting purchaser’’ means the party to the quali- proposed to amendment SA 3336 pro- ‘‘, a blend of coal and petroleum coke, or fying contract for the sale of timber from posed by Mr. BAUCUS to the bill H.R. other coke feedstock’’ after ‘‘on coal’’. lands administered by the Bureau of Land 4213, to amend the Internal Revenue (2) OWNERSHIP INTEREST.—Section 45(d)(8) Management. Code of 1986 to extend certain expiring is amended by adding at the end the fol- (b) MARKET-RELATED CONTRACT EXTENSION provisions, and for other purposes; lowing new flush sentence: OPTION.—Upon a timber purchaser’s written which was ordered to lie on the table; ‘‘With respect to a facility producing steel request, the Secretary may make a one-time industry fuel, no person (including a ground as follows: modification to the qualifying contract to lessor, customer, supplier, or technology li- add 3 years to the contract expiration date if On page 70, strike lines 3 through 13. censor) shall be treated as having an owner- the written request— ship interest in the facility or as otherwise SA 3370. Mr. ROCKEFELLER (for (1) is received by the Secretary not later entitled to the credit allowable under sub- than 90 days after the date of enactment of himself and Mr. ENSIGN) submitted an section (a) with respect to such facility if this Act; and amendment intended to be proposed to such person’s rent, license fee, or other enti- (2) contains a provision releasing the amendment SA 3336 proposed by Mr. tlement to net payments from the owner of United States from all liability, including BAUCUS to the bill H.R. 4213, to amend such facility is measured by a fixed dollar further consideration or compensation, re- the Internal Revenue Code of 1986 to amount or a fixed amount per ton, or other- sulting from the modification under this sub- extend certain expiring provisions, and wise determined without regard to the profit section of the term of a qualifying contract. for other purposes; which was ordered or loss of such facility.’’. (c) REPORTING.—Not later than 6 months to lie on the table; as follows: (3) PRODUCTION AND SALE.—Subparagraph after the date of the enactment of this Act, (D) of section 45(e)(8), as amended by sub- At the end of subtitle C of title I, insert the Secretary shall submit to Congress a re- section (a)(2), is amended by redesignating the following: port detailing a plan and timeline to promul- clause (iii) as clause (iv) and by inserting gate new regulations authorizing the Bureau SEC. lll. MODIFICATIONS TO MINE RESCUE after clause (ii) the following new clause: TEAM TRAINING CREDIT AND ELEC- of Land Management to extend and renego- TION TO EXPENSE ADVANCED MINE ‘‘(iii) PRODUCTION AND SALE.—The owner of tiate timber contracts due to changes in SAFETY EQUIPMENT. a facility producing steel industry fuel shall market conditions. (a) MINE RESCUE TEAM TRAINING CREDIT be treated as producing and selling steel in- (d) REGULATIONS.—Not later than 2 years ALLOWABLE AGAINST AMT.—Subparagraph dustry fuel where that owner manufactures after the date of the enactment of this Act, (B) of section 38(c)(4) is amended— such steel industry fuel from coal, a blend of the Secretary shall promulgate new regula- (1) by redesignating clauses (vi), (vii), and coal and petroleum coke, or other coke feed- tions authorizing the Bureau of Land Man- (viii) as clauses (vii), (viii), and (ix), respec- stock to which it has title. The sale of such agement to extend and renegotiate timber tively, and steel industry fuel by the owner of the facil- contracts due to changes in market condi- (2) by inserting after clause (v) the fol- ity to a person who is not the owner of the tions. lowing new clause: facility shall not fail to qualify as a sale to (e) NO SURRENDER OF CLAIMS.—This section ‘‘(vi) the credit determined under section an unrelated person solely because such pur- shall not have the effect of surrendering any 45N,’’. chaser may also be a ground lessor, supplier, claim by the United States against any tim- (b) ELECTION TO EXPENSE ADVANCED MINE or customer.’’. ber purchaser that arose under a timber sale SAFETY EQUIPMENT ALLOWABLE AGAINST (d) SPECIFIED CREDIT FOR PURPOSES OF AL- contract, including a qualifying contract, be- AMT.—Subparagraph (C) of section 56(g)(4) is TERNATIVE MINIMUM TAX EXCLUSION.—Sub- fore the date on which the Secretary adjusts amended by adding at the end the following clause (II) of section 38(c)(4)(B)(iii) is amend- the contract term under subsection (b). new clause: ed by inserting ‘‘(in the case of a refined coal ‘‘(vii) SPECIAL RULE FOR ELECTION TO EX- production facility producing steel industry SA 3373. Mr. BENNETT submitted an PENSE ADVANCED MINE SAFETY EQUIPMENT.— fuel, during the credit period set forth in sec- amendment intended to be proposed to tion 45(e)(8)(D)(ii)(II))’’ after ‘‘service’’. Clause (i) shall not apply to amounts deduct- amendment SA 3336 proposed by Mr. ible under section 179E.’’. (e) EFFECTIVE DATES.— (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The amendments made by BAUCUS to the bill H.R. 4213, to amend made by this section shall apply to taxable subsections (a), (b), and (d) shall take effect the Internal Revenue Code of 1986 to years beginning after December 31, 2009. on the date of the enactment of this Act. extend certain expiring provisions, and (2) CLARIFICATIONS.—The amendments for other purposes; which was ordered SA 3371. Mr. ROCKEFELLER (for made by subsection (c) shall take effect as if to lie on the table; as follows: himself, Mr. SPECTER, and Mr. HATCH) included in the amendments made by the En- submitted an amendment intended to ergy Improvement and Extension Act of 2008. On page 268, between lines 11 and 12, insert the following: be proposed to amendment SA 3336 pro- Mr. MERKLEY (for himself SEC. 01. 10-YEAR CARRYBACK OF OPERATING posed by Mr. BAUCUS to the bill H.R. SA 3372. and Mr. WYDEN) submitted an amend- LOSSES OF SMALL BUSINESSES. 4213, to amend the Internal Revenue (a) IN GENERAL.—Section 172(b)(1) is Code of 1986 to extend certain expiring ment intended to be proposed by him to the bill H.R. 4213, to amend the In- amended by adding at the end the following provisions, and for other purposes; new subparagraph: ternal Revenue Code of 1986 to extend which was ordered to lie on the table; ‘‘(I) CARRYBACK FOR 2010 AND 2011 NET OPER- as follows: certain expiring provisions, and for ATING LOSSES OF SMALL BUSINESSES.— At the end of subtitle A of title I, insert other purposes; which was ordered to ‘‘(i) IN GENERAL.—If a small business (as de- the following: lie on the table; as follows: fined in subparagraph (F)(iii) determined by SEC. lll. EXTENSION AND MODIFICATION OF At the end of title VI, add the following: applying such subparagraph for a 10-taxable SECTION 45 CREDIT FOR REFINED SEC. 6ll. QUALIFYING TIMBER CONTRACT OP- year period) elects the application of this COAL FROM STEEL INDUSTRY FUEL. TIONS. subparagraph with respect to an applicable (a) CREDIT PERIOD.— (a) DEFINITIONS.—In this section: 2010 or 2011 net operating loss—

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.096 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1094 CONGRESSIONAL RECORD — SENATE March 3, 2010 ‘‘(I) subparagraph (A)(i) shall be applied by Strike section 121 and insert the following: 702(d)(2) and 704(b) of the Tax Extenders and substituting any whole number elected by SEC. 121. ELECTION FOR REFUNDABLE LOW-IN- Alternative Minimum Tax Relief Act of the taxpayer which is more than 2 and less COME HOUSING CREDIT FOR 2010. 2008)’’ after ‘‘1986’’ in subparagraph (A), and than 11 for ‘2’, (a) IN GENERAL.—Section 42 is amended by (2) by inserting ‘‘, plus any increase in the ‘‘(II) subparagraph (E)(ii) shall be applied redesignating subsection (n) as subsection State housing credit ceiling for 2009 attrib- by substituting the whole number which is (o) and by inserting after subsection (m) the utable to any additional State housing credit one less than the whole number substituted following new subsection: ceiling made by reason of the application of under subclause (I) for ‘2’, and ‘‘(n) ELECTION FOR REFUNDABLE CREDITS.— such section 702(d)(2) and 704(b)’’ after ‘‘such ‘‘(III) subparagraph (F) shall not apply. ‘‘(1) IN GENERAL.—The housing credit agen- section’’ in subparagraph (B). ‘‘(ii) APPLICABLE 2010 OR 2011 NET OPERATING cy of each State shall be allowed a credit in (b) APPLICATION OF ADDITIONAL HOUSING LOSS.—For purposes of this subparagraph, an amount equal to such State’s 2010 low-in- CREDIT AMOUNT FOR PURPOSES OF 2009 GRANT the term ‘applicable 2010 or 2011 net oper- come housing refundable credit election ELECTION.—Subsection (b) of section 1602 of ating loss’ means— amount, which shall be payable by the Sec- the American Recovery and Reinvestment ‘‘(I) the taxpayer’s net operating loss for retary as provided in paragraph (5). Tax Act of 2009, as amended by subsection any taxable year ending in 2010 or 2011, or ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE (a), is amended by adding at the end the fol- ‘‘(II) if the taxpayer elects to have this CREDIT ELECTION AMOUNT.—For purposes of lowing flush sentence: subclause apply in lieu of subclause (I), the this subsection, the term ‘2010 low-income ‘‘For purposes of paragraph (1)(B), in the taxpayer’s net operating loss for any taxable housing refundable credit election amount’ case of any area to which section 702(d)(2) or year beginning in 2010 or 2011. means, with respect to any State, such 704(b) of the Tax Extenders and Alternative ‘‘(iii) ELECTION.—Any election under this amount as the State may elect which does Minimum Tax Relief Act of 2008 applies, sec- subparagraph shall be made in such manner not exceed 85 percent of the product of— tion 1400N(c)(1)(A) of such Code shall be ap- as may be prescribed by the Secretary, and ‘‘(A) the sum of— plied without regard to clause (i).’’. shall be made by the due date (including ex- ‘‘(i) 100 percent of the State housing credit (c) EFFECTIVE DATE.—The amendments tension of time) for filing the taxpayer’s re- ceiling for 2010 which is attributable to made by this section shall apply as if in- turn for the taxable year of the net oper- amounts described in clauses (i) and (iii) of cluded in the enactment of section 1602 of ating loss. Any such election, once made, subsection (h)(3)(C), plus any increase in the the American Recovery and Reinvestment shall be irrevocable. Any election under this State housing credit ceiling for 2010 made by Tax Act of 2009. subparagraph may be made only with respect reason of section 1400N(c) (including as such to 2 taxable years.’’. section is applied by reason of sections SA 3375. Mr. DORGAN submitted an (b) ANTI-ABUSE RULES.—The Secretary of 702(d)(2) and 704(b) of the Tax Extenders and amendment intended to be proposed to Treasury or the Secretary’s designee shall Alternative Minimum Tax Relief Act of amendment SA 3336 proposed by Mr. prescribe such rules as are necessary to pre- 2008), and BAUCUS to the bill H.R. 4213, to amend vent the abuse of the purposes of the amend- ‘‘(ii) 40 percent of the State housing credit ments made by this section, including anti- ceiling for 2010 which is attributable to the Internal Revenue Code of 1986 to stuffing rules, anti-churning rules (including amounts described in clauses (ii) and (iv) of extend certain expiring provisions, and rules relating to sale-leasebacks), and rules such subsection, plus any increase in the for other purposes; which was ordered similar to the rules under section 1091 of the State housing credit ceiling for 2010 made by to lie on the table; as follows: Internal Revenue Code of 1986 relating to reason of the application of such section On page 161, between lines 10 and 11, insert losses from wash sales. 702(d)(2) and 704(b), multiplied by the following: (c) EFFECTIVE DATE.— ‘‘(B) 10. SEC. lll. TAXATION OF INCOME OF CON- (1) IN GENERAL.—Except as otherwise pro- For purposes of subparagraph (A)(ii), in the vided in this subsection, the amendments TROLLED FOREIGN CORPORATIONS case of any area to which section 702(d)(2) or ATTRIBUTABLE TO IMPORTED PROP- made by this section shall apply to net oper- 704(b) of the Tax Extenders and Alternative ERTY. ating losses arising in taxable years ending Minimum Tax Relief Act of 2008 applies, sec- (a) GENERAL RULE.—Subsection (a) of sec- after December 31, 2009. tion 1400N(c)(1)(A) shall be applied without tion 954 (defining foreign base company in- (2) TRANSITIONAL RULE.—In the case of a regard to clause (i) come) is amended by striking the period at net operating loss for a taxable year ending ‘‘(3) COORDINATION WITH NON-REFUNDABLE the end of paragraph (5) and inserting ‘‘, before the date of the enactment of this CREDIT.—For purposes of this section, the and’’, by redesignating paragraph (5) as para- Act— amounts described in clauses (i) through (iv) graph (4), and by adding at the end the fol- (A) any election made under section of subsection (h)(3)(C) with respect to any lowing new paragraph: 172(b)(3) of the Internal Revenue Code of 1986 State for 2010 shall each be reduced by so ‘‘(5) imported property income for the tax- with respect to such loss may (notwith- much of such amount as is taken into ac- able year (determined under subsection (j) standing such section) be revoked before the count in determining the amount of the and reduced as provided in subsection applicable date, and credit allowed with respect to such State (b)(5)).’’. (B) any application under section 6411(a) of under paragraph (1). (b) DEFINITION OF IMPORTED PROPERTY IN- such Code with respect to such loss shall be ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a COME.—Section 954 is amended by adding at treated as timely filed if filed before the ap- qualified low-income building shall not be the end the following new subsection: plicable date. reduced by the amount of any payment made ‘‘(j) IMPORTED PROPERTY INCOME.— For purposes of this paragraph, the term under this subsection. ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘applicable date’’ means the date which is 60 ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE section (a)(5), the term ‘imported property days after the date of the enactment of this LOW-INCOME BUILDINGS.—The Secretary shall income’ means income (whether in the form Act. pay to the housing credit agency of each of profits, commissions, fees, or otherwise) SEC. 02. TRANSFER OF STIMULUS FUNDS. State an amount equal to the credit allowed derived in connection with— Notwithstanding section 5 of the American under paragraph (1). Rules similar to the ‘‘(A) manufacturing, producing, growing, Recovery and Reinvestment Act of 2009 (Pub. rules of subsections (c) and (d) of section 1602 or extracting imported property; Law 111-5), from the amounts appropriated of the American Recovery and Reinvestment ‘‘(B) the sale, exchange, or other disposi- or made available and remaining unobligated Tax Act of 2009 shall apply with respect to tion of imported property; or under such Act, the Director of the Office of any payment made under this paragraph, ex- ‘‘(C) the lease, rental, or licensing of im- Management and Budget shall transfer from cept that such subsection (d) shall be applied ported property. time to time to the general fund of the by substituting ‘January 1, 2012’ for ‘January Such term shall not include any foreign oil Treasury an amount equal to the sum of the 1, 2011’.’’. and gas extraction income (within the mean- amount of any net reduction in revenues and (b) CONFORMING AMENDMENT.—Section ing of section 907(c)) or any foreign oil re- the amount of any net increase in spending 1324(b)(2) of title 31, United States Code, is lated income (within the meaning of section resulting from the enactment of this Act. amended by inserting ‘‘42(n),’’ after ‘‘36A,’’. 907(c)). SEC. 122. LOW-INCOME HOUSING GRANT ELEC- ‘‘(2) IMPORTED PROPERTY.—For purposes of SA 3374. Mr. BAYH (for himself, Mrs. TION. this subsection— LINCOLN, Mr. WICKER, Mr. VITTER, and (a) CLARIFICATION OF ELIGIBILITY OF LOW- ‘‘(A) IN GENERAL.—Except as otherwise pro- Mr. BOND) submitted an amendment in- INCOME HOUSING CREDITS FOR LOW-INCOME vided in this paragraph, the term ‘imported tended to be proposed to amendment HOUSING GRANT ELECTION.—Paragraph (1) of property’ means property which is imported SA 3338 submitted by Mr. THUNE to the section 1602(b) of the American Recovery and into the United States by the controlled for- amendment SA 3336 proposed by Mr. Reinvestment Tax Act of 2009 is amended— eign corporation or a related person. (1) by inserting ‘‘, plus any increase in the ‘‘(B) IMPORTED PROPERTY INCLUDES CERTAIN BAUCUS to the bill H.R. 4213, to amend State housing credit ceiling for 2009 attrib- PROPERTY IMPORTED BY UNRELATED PER- the Internal Revenue Code of 1986 to utable to any State housing credit ceiling re- SONS.—The term ‘imported property’ in- extend certain expiring provisions, and turned in 2009 to the State by reason of sec- cludes any property imported into the for other purposes; which was ordered tion 1400N(c) of such Code (including as such United States by an unrelated person if, to lie on the table; as follows: section is applied by reason of sections when such property was sold to the unrelated

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.099 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1095 person by the controlled foreign corporation (2) The last sentence of paragraph (4) of cost reporting period beginning on or after (or a related person), it was reasonable to ex- section 954(b) (relating to exception for cer- the first day of the 5-year extension period, pect that— tain income subject to high foreign taxes) is for ‘‘(i) such property would be imported into amended by striking ‘‘subsection (a)(5)’’ and ‘‘(ii) the reasonable costs of providing such the United States; or inserting ‘‘subsection (a)(4)’’. services for discharges occurring in the first ‘‘(ii) such property would be used as a com- (3) Paragraph (5) of section 954(b) (relating cost reporting period beginning on or after ponent in other property which would be im- to deductions to be taken into account) is the implementation of the demonstration ported into the United States. amended by striking ‘‘and the foreign base program.’’. ‘‘(C) EXCEPTION FOR PROPERTY SUBSE- company oil related income’’ and inserting (b) CONFORMING AMENDMENT.—Subsection QUENTLY EXPORTED.—The term ‘imported ‘‘the foreign base company oil related in- (a)(5) of section 410A of the Medicare Pre- property’ does not include any property come, and the imported property income’’. scription Drug, Improvement, and Mod- which is imported into the United States and (e) EFFECTIVE DATE.—The amendments ernization Act of 2003 (Public Law 108-173; 117 which— made by this section shall apply to taxable Stat. 2272) is amended by inserting ‘‘(in this ‘‘(i) before substantial use in the United years of foreign corporations beginning after section referred to as the ‘initial 5-year pe- States, is sold, leased, or rented by the con- the date of the enactment of this Act, and to riod’) and, as provided in subsection (g), for trolled foreign corporation or a related per- taxable years of United States shareholders the 5-year extension period’’ after ‘‘5-year son for direct use, consumption, or disposi- within which or with which such taxable period’’. tion outside the United States; or years of such foreign corporations end. ‘‘(ii) is used by the controlled foreign cor- SA 3377. Mr. BEGICH submitted an poration or a related person as a component SA 3376. Mr. BEGICH submitted an amendment intended to be proposed by in other property which is so sold, leased, or amendment intended to be proposed by him to the bill H.R. 4213, to amend the rented. him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend ‘‘(D) EXCEPTION FOR CERTAIN AGRICULTURAL Internal Revenue Code of 1986 to extend certain expiring provisions, and for COMMODITIES.—The term ‘imported property’ certain expiring provisions, and for does not include any agricultural commodity other purposes; which was ordered to which is not grown in the United States in other purposes; which was ordered to lie on the table; as follows: commercially marketable quantities. lie on the table; as follows: After section 601, insert the following: ‘‘(3) DEFINITIONS AND SPECIAL RULES.— At the appropriate place, insert the fol- SEC. 602. NON-PROFIT COMMUNITY DEVELOP- ‘‘(A) IMPORT.—For purposes of this sub- lowing: MENT ACTIVITIES IN REMOTE NA- section, the term ‘import’ means entering, or SEC. lll. EXTENSION OF THE RURAL COMMU- TIVE VILLAGES. withdrawal from warehouse, for consumption NITY HOSPITAL DEMONSTRATION For purposes of subchapter F of chapter 1 or use. Such term includes any grant of the PROGRAM. of the Internal Revenue Code of 1986, any right to use intangible property (as defined (a) IN GENERAL.—Section 410A of the Medi- trade or business substantially related to the in section 936(h)(3)(B)) in the United States. care Prescription Drug, Improvement, and participation and investment in fisheries in ‘‘(B) UNITED STATES.—For purposes of this Modernization Act of 2003 (Public Law 108– the Bering Sea and Aleutian Islands Manage- subsection, the term ‘United States’ includes 173; 117 Stat. 2272) is amended by adding at ment Area carried on by a Community De- the Commonwealth of Puerto Rico, the Vir- the end the following new subsection: velopment Quota entity identified in section gin Islands of the United States, Guam, ‘‘(g) FIVE-YEAR EXTENSION OF DEMONSTRA- 305(i)(1)(D) of the Magnuson-Stevens Fishery American Samoa, and the Commonwealth of TION PROGRAM.— Conservation and Management Act (16 U.S.C. the Northern Mariana Islands. ‘‘(1) IN GENERAL.—Subject to the suc- 1855(i)(1)(D) (as in effect on the date of the ‘‘(C) UNRELATED PERSON.—For purposes of ceeding provisions of this subsection, the enactment of this Act) shall be considered this subsection, the term ‘unrelated person’ Secretary shall conduct the demonstration substantially related to the exercise or per- means any person who is not a related per- program under this section for an additional formance of the purpose constituting the son with respect to the controlled foreign 5-year period (in this section referred to as basis of such entity’s exemption under sec- corporation. the ‘5-year extension period’) that begins on tion 501(a) of such Code if the conduct of ‘‘(D) COORDINATION WITH FOREIGN BASE COM- the date immediately following the last day such trade or business is in furtherance of PANY SALES INCOME.—For purposes of this of the initial 5-year period under subsection one or more of the purposes specified in sec- section, the term ‘foreign base company (a)(5). tion 305(i)(1)(A) of such Act. For purposes of sales income’ shall not include any imported ‘‘(2) EXPANSION OF DEMONSTRATION this section, trades or businesses substan- property income.’’. STATES.—Notwithstanding subsection (a)(2), tially related to participation or investment (c) SEPARATE APPLICATION OF LIMITATIONS during the 5-year extension period, the Sec- in fisheries include harvesting, processing, ON FOREIGN TAX CREDIT FOR IMPORTED PROP- retary shall expand the number of States transportation, sales, and marketing of fish ERTY INCOME.— with low population densities determined by and fish product. (1) IN GENERAL.—Paragraph (1) of section the Secretary under such subsection to 20. In 904(d) (relating to separate application of determining which States to include in such SA 3378. Mr. NELSON of Florida sub- section with respect to certain categories of expansion, the Secretary shall use the same mitted an amendment intended to be income) is amended by striking ‘‘and’’ at the criteria and data that the Secretary used to proposed to the bill H.R. 4213, to amend determine the States under such subsection end of subparagraph (A), by redesignating the Internal Revenue Code of 1986 to subparagraph (B) as subparagraph (C), and by for purposes of the initial 5-year period. inserting after subparagraph (A) the fol- ‘‘(3) INCREASE IN MAXIMUM NUMBER OF HOS- extend certain expiring provisions, and lowing new subparagraph: PITALS PARTICIPATING IN THE DEMONSTRATION for other purposes; which was ordered ‘‘(B) imported property income, and’’. PROGRAM.—Notwithstanding subsection to lie on the table; as follows: (2) IMPORTED PROPERTY INCOME DEFINED.— (a)(4), during the 5-year extension period, not At the end of subtitle D of title IV, insert Paragraph (2) of section 904(d) is amended by more than 30 rural community hospitals may the following: redesignating subparagraphs (I), (J), and (K) participate in the demonstration program SEC. 4ll. EXECUTIVE COMPENSATION PAID BY as subparagraphs (J), (K), and (L), respec- under this section. SYSTEMICALLY SIGNIFICANT FINAN- tively, and by inserting after subparagraph ‘‘(4) HOSPITALS IN DEMONSTRATION PROGRAM CIAL INSTITUTIONS. (H) the following new subparagraph: ON DATE OF ENACTMENT.—In the case of a (a) SHORT TITLE.—This section may be ‘‘(I) IMPORTED PROPERTY INCOME.—The rural community hospital that is partici- cited as the ‘‘Wall Street Compensation Re- term ‘imported property income’ means any pating in the demonstration program under form Act of 2010’’. income received or accrued by any person this section as of the last day of the initial (b) EXECUTIVE COMPENSATION PAID BY SYS- which is of a kind which would be imported 5-year period, the Secretary— TEMICALLY SIGNIFICANT FINANCIAL INSTITU- property income (as defined in section ‘‘(A) shall provide for the continued par- TIONS.— 954(j)).’’. ticipation of such rural community hospital (1) IN GENERAL.—Subsection (m) of section (3) CONFORMING AMENDMENT.—Clause (ii) of in the demonstration program during the 5- 162 is amended by adding at the end the fol- section 904(d)(2)(A) is amended by inserting year extension period unless the rural com- lowing new paragraph: ‘‘or imported property income’’ after ‘‘pas- munity hospital makes an election, in such ‘‘(6) SPECIAL RULE FOR APPLICATION TO SYS- sive category income’’. form and manner as the Secretary may TEMICALLY SIGNIFICANT FINANCIAL INSTITU- (d) TECHNICAL AMENDMENTS.— specify, to discontinue such participation; TIONS.— (1) Clause (iii) of section 952(c)(1)(B) (relat- and ‘‘(A) IN GENERAL.—In the case of an em- ing to certain prior year deficits may be ‘‘(B) in calculating the amount of payment ployer which is a systemically significant fi- taken into account) is amended— under subsection (b) to the rural community nancial institution, this subsection shall (A) by redesignating subclauses (II), (III), hospital for covered inpatient hospital serv- apply with the following modifications: (IV), and (V) as subclauses (III), (IV), (V), and ices furnished by the hospital during such 5- ‘‘(i) NON-PUBLIC ENTITIES.—Paragraph (1) (VI), and year extension period, shall substitute, shall be applied by substituting ‘employer’ (B) by inserting after subclause (I) the fol- under paragraph (1)(A) of such subsection— for ‘publicly held corporation’. lowing new subclause: ‘‘(i) the reasonable costs of providing such ‘‘(ii) COVERED EMPLOYEES.—Paragraph (3) ‘‘(II) imported property income,’’. services for discharges occurring in the first shall be applied—

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.093 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1096 CONGRESSIONAL RECORD — SENATE March 3, 2010 ‘‘(I) by substituting ‘such employee is ‘‘(II) the cost and quantity of the liquidity carry out the purposes of this paragraph, in- among the 25 highest compensated employ- risk assumed by the taxpayer in the conduct cluding— ees’ for so much of subparagraph (B) as pre- of such activities, and ‘‘(i) the method for valuing assets for pur- cedes ‘for the taxable year (other than the ‘‘(III) the timing and likelihood of poten- poses of subparagraph (B)(i), chief executive officer).’, and tial future revenues from such activities. ‘‘(ii) the method for calculating the ratio ‘‘(II) in addition to the individuals de- ‘‘(ii) MATERIAL TERMS.—The material described in subparagraph (B)(i)(II), scribed in such paragraph (including the in- terms of performance-based remuneration ‘‘(iii) criteria for use in determining dividuals described in subclause (I) of this paid to covered employees specify that— whether the actions of an employee have a clause), by treating any employee whose ac- ‘‘(I) not less than 50 percent of such remu- material impact on the risk exposure of the tions have a material impact on the risk ex- neration must vest no earlier than 5 years taxpayer, and for determining what con- posure of the taxpayer as a covered em- after the date of payment, stitutes a substantial forfeiture requirement ployee. ‘‘(II) the proportion of such remuneration with respect to executive remuneration, Any employee whose applicable employee re- payable under vesting arrangements must ‘‘(iv) criteria for determining whether a re- muneration for the taxable year exceeds increase based on the level of seniority or re- muneration agreement constitutes a hedging $1,000,000 is presumed to engage in actions sponsibility of the employee, strategy, and which have a material impact on the risk ex- ‘‘(III) such remuneration payable under ‘‘(v) anti-abuse rules to prevent the avoid- ance of the purposes of this paragraph, in- posure of the taxpayer unless the taxpayer vesting arrangements must vest on a basis cluding by use of independent contractors. submits an information return to the Sec- no faster than pro rata over the specified ‘‘(G) APPLICATION OF PARAGRAPH.—This retary which describes the role and respon- number of years of such arrangement (not to paragraph shall apply— sibilities of such employee and the reason be less than 5), ‘‘(i) in the case of an entity which is a sys- such employee should not be considered to ‘‘(IV) such remuneration is contingent on a temically significant financial institution in have a material impact on the risk exposure formal agreement between the taxpayer and calendar 2010, to remuneration for services of the taxpayer. Such return shall be deemed the employee which forbids the use of per- performed in calendar years beginning after to have been approved unless the Secretary sonal hedging strategies, remuneration-re- 2010, and notifies the taxpayer in writing within 90 lated insurance, or liability-related insur- ‘‘(ii) in the case of an entity which be- days of the submission of such return. For ance which undermines the risk alignment comes a systemically significant financial purposes of this clause, the term ‘employee’ effects of this paragraph, ‘‘(V) in the case of an employer which is a institution in a calender year after 2010, to includes employees within the meaning of remuneration for services performed in cal- section 401(c)(1). publicly held corporation, not less than 50 percent of such remuneration must be in the endar years beginning with the second cal- ‘‘(iii) REMUNERATION PAYABLE ON COMMIS- endar year after the year in which such enti- SION BASIS.—Subparagraph (B) of paragraph form of stock in the employer, and ‘‘(VI) in the case of remuneration paid to a ty first becomes a systemically significant (4) shall not apply. financial institution.’’. ‘‘(iv) DEFERRED DEDUCTION EXECUTIVE RE- chief executive officer or chief financial offi- cer (if such chief financial officer is a cov- (2) CONFORMING AMENDMENT.—Subpara- MUNERATION.—In the case of any deferred de- graph (G) of section 162(m)(5) is amended by duction executive remuneration (as deter- ered employee) of a publicly held corpora- tion, such remuneration must be subject to adding at the end the following: ‘‘Paragraph mined under rules similar to the rules of (6) shall not apply to any payment of remu- substantial forfeiture requirements in the paragraph (5)(F), if executive remuneration neration to which this paragraph applies.’’. for purposes of such paragraph included re- event the taxpayer is required to prepare an (c) REPORT ON PERFORMANCE-BASED COM- muneration of covered employees as defined accounting restatement due to material non- PENSATION PAID BY PUBLICLY HELD CORPORA- in clause (ii) of this paragraph, and if the compliance, as a result of misconduct, with TIONS.— year in which the applicable services were any financial reporting requirement under (1) IN GENERAL.—Each systemically signifi- performed were treated as an applicable tax- Federal securities laws. cant financial institution which is a publicly able year), rules similar to the rules of para- For purposes of this clause, the date on held corporation shall submit to the Chair- graph (5)(A)(ii) shall apply by substituting which remuneration is deemed to have vest- man of the Securities and Exchange Com- ‘$1,000,000’ for ‘$500,000’. ed is the first date on which such remunera- mission, and shall make publicly available, YSTEMICALLY SIGNIFICANT FINANCIAL tion is not subject to a substantial risk of ‘‘(B) S an annual report on compensation policies INSTITUTION.— forfeiture (within the meaning of section and practices which describes— ‘‘(i) IN GENERAL.—For purposes of this 409A(d)(4)). (A) the process used to develop and modify paragraph, the term ‘systemically signifi- ‘‘(D) SPECIAL RULE FOR PERFORMANCE- such institution’s compensation policies, in- cant financial institution’ means an entity BASED COMPENSATION PAID BY NON-PUBLIC EN- cluding the composition and the mandate of which engages primarily in activities which TITIES.—In the case of a systemically signifi- such institution’s compensation committee, are financial in nature (as determined under cant financial institution which is not a pub- (B) the actions taken by such institution section 4(k) of the Bank Holding Company licly held corporation, in addition to the re- to comply with section 162(m)(6) of the Inter- Act of 1956), and which— quirements of subparagraph (C), paragraph nal Revenue Code of 1986, ‘‘(I) owns or controls assets greater than (4)(C) shall be applied by substituting the (C) any additional actions taken to imple- $25,000,000,000, or following for clauses (i) through (iii) thereof: ment the Principles for Sound Compensation ‘‘(II) owns or controls assets greater than ‘‘(i) the taxpayer commissions an annual, Practices adopted by the Financial Stability $10,000,000,000 and maintains a ratio of debt external review of its compensation policies Board established by the G-20 Finance Min- to equity which is greater than 20 to 1. and practices, including an examination and isters and Central Bank Governors, ‘‘(ii) CLASSIFICATION.—A taxpayer which is analysis of the taxpayer’s compliance with (D) the most important design characteris- a systemically significant financial institu- the requirements of this subsection, and tics of such institution’s compensation poli- tion for any taxable year shall be a system- ‘‘(ii) the taxpayer obtains certification cies, including criteria used for performance ically significant financial institution for from an unrelated third party commissioned measurement and risk adjustment, the link- purposes of all subsequent taxable years. to evaluated compensation practices that age between pay and performance, vesting ‘‘(C) SPECIAL RULES FOR PERFORMANCE- performance goals and other material terms policy and criteria, and the parameters used BASED COMPENSATION.—Remuneration pay- under which the remuneration is to be paid for allocating cash versus other forms of re- able solely on account of the attainment of are satisfied before any payment of such re- muneration, one or more performance goals (hereinafter muneration is made.’. (E) aggregate quantitative information on ‘performance-based remuneration’) which is For purposes of the preceding sentence, all remuneration paid by such institution, dif- paid by any systemically significant finan- persons treated as a single employer under ferentiating between remuneration paid to cial institution to any covered employee (as subsection (a) or (b) of section 52 or sub- senior executive officers and to employees determined under subparagraph (A)(ii)) shall section (b) or (c) of section 414 shall be treat- whose actions have a material impact on the not be excluded under subparagraph (C) of ed as related taxpayers. risk exposure of such institution, which indi- paragraph (4) from treatment as applicable ‘‘(E) COORDINATION WITH RULES FOR EM- cates the amounts of remuneration for the employee remuneration unless the following PLOYERS PARTICIPATING IN THE TROUBLED AS- financial year (divided into fixed and vari- requirements are met: SETS RELIEF PROGRAM.—In the case of any able remuneration) and the number of em- ‘‘(i) PERFORMANCE-BASED COMPENSATION systemically significant financial institution ployees to which such remuneration was POOL.—The amount and allocation of the to which paragraph (5) applies for any tax- paid, and taxpayer’s performance-based remuneration able year, this paragraph shall not apply to (F) the amount of remuneration paid by for covered employees are determined by the any payment of remuneration to which such such institution during the financial year compensation committee required under paragraph applies. preceding the year of the report which was paragraph (4)(C)(i) by taking into account— ‘‘(F) REGULATORY AUTHORITY.—Not later nondeductible by reason of section 162(m) of ‘‘(I) the cost and quantity of capital re- than 180 days after the date of the enactment such Code. quired to support the risks taken by the tax- of this paragraph, the Secretary shall pre- (2) TIMING OF REPORT.—The report required payer in the conduct of the financial activi- scribe such guidance, rules, or regulations of under paragraph (1) shall be submitted begin- ties of the taxpayer, general applicability as are necessary to ning in calendar year 2011 (or, if later, the

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.102 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1097 calendar year after the year in which an en- national clean renewable water supply bond dustrial, agricultural, commercial, or resi- tity first becomes a systemically significant limitation, the Secretary shall publish a no- dential users) pursuant to State or tribal financial institution which is a publicly held tice soliciting applications by qualified law. corporation), at such time during such year issuers for allocations of such limitation to ‘‘(3) QUALIFIED BORROWER.—The term and each subsequent year as the Chairman of qualified projects. Such notice shall specify ‘qualified borrower’ means a governmental the Securities and Exchange Commission a 3-month application period in the calendar body or a local water company. shall specify. year during which the Secretary will accept ‘‘(4) QUALIFIED DESALINATION FACILITY.— (3) DEFINITIONS.—Any term used in this such applications. Within 30 days after the The term ‘qualified desalination facility’ subsection which is also used in section end of such application period, and subject to means any facility that is used to produce 162(m)(6) of the Internal Revenue Code of 1986 the requirements of subparagraph (C), the new water supplies by desalinating seawater, shall have the same meaning as when used in Secretary shall allocate such limitation to groundwater, or surface water if the facili- such section. qualified projects on a first-come, first- ty’s source water includes chlorides or total served basis, based on the order in which (d) EFFECTIVE DATE.—The amendments dissolved solids that, either continuously or such applications are received from qualified made by subsection (b) shall apply to remu- seasonally, exceed maximum permitted lev- issuers. neration for services performed after Decem- els for primary or secondary drinking water ‘‘(C) ALLOCATION REQUIREMENTS.— ber 31, 2010. under Federal or State law (as in effect on ‘‘(i) CERTIFICATIONS REGARDING REGU- the date of issuance of the issue). SA 3379. Mr. NELSON of Florida (for LATORY APPROVALS.—No portion of the na- ‘‘(5) QUALIFIED GROUNDWATER REMEDIATION himself and Mr. ENSIGN) submitted an tional clean renewable water supply bond limitation shall be allocated to a qualified FACILITY.—The term ‘qualified groundwater amendment intended to be proposed to remediation facility’ means any facility that amendment SA 3336 proposed by Mr. project unless the qualified issuer has cer- tified in its application for such allocation is used to reclaim contaminated or naturally BAUCUS to the bill H.R. 4213, to amend that as of the date of such application the impaired groundwater for direct delivery for the Internal Revenue Code of 1986 to qualified issuer or qualified borrower has re- potable use if the facility’s source water in- extend certain expiring provisions, and ceived all Federal and State regulatory ap- cludes constituents that exceed maximum for other purposes; which was ordered provals necessary to construct the qualified contaminant levels regulated under the Safe to lie on the table; as follows: project. Drinking Water Act (as in effect on the date of the enactment of this section). On page 268, between lines 11 and 12, insert ‘‘(ii) RESTRICTION ON ALLOCATIONS TO LARGE ‘‘(6) QUALIFIED ISSUER.—The term ‘quali- the following: PROJECTS OR TO INDIVIDUAL PROJECTS.— ‘‘(I) IN GENERAL.—Except as provided in fied issuer’ means— SEC. lll. CLEAN RENEWABLE WATER SUPPLY ‘‘(A) a governmental body, or BONDS. subclause (III), for any calendar year the ‘‘(B) in the case of a State or political sub- (a) IN GENERAL.—Subpart I of part IV of Secretary shall not allocate more than 60 division thereof (as defined for purposes of subchapter A of chapter 1 of the Internal percent of the national clean renewable section 103), any entity qualified to issue Revenue Code of 1986 is amended by adding water supply bond limitation to 1 or more tax-exempt bonds under section 103 on behalf at the end the following new section: large projects, more than 18 percent of such limitation to any single project that is a of such State or political subdivision. ‘‘SEC. 54G. CLEAN RENEWABLE WATER SUPPLY ‘‘(7) QUALIFIED PROJECT.— BONDS. large project, or more than 12 percent of ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(a) CLEAN RENEWABLE WATER SUPPLY such limitation to any single project that is project’ means any facility owned by a quali- BONDS.—For purposes of this subpart, the not a large project. fied borrower which is a— term ‘clean renewable water supply bond’ ‘‘(II) DEFINITION OF LARGE PROJECT.—For means any bond issued as part of an issue purposes of subclause (I), the term ‘large ‘‘(i) qualified desalination facility, if— project’ means a qualified project that is de- ‘‘(ii) qualified recycled water facility, ‘‘(1) 100 percent of the available project signed to deliver more than 10,000,000 gallons ‘‘(iii) qualified groundwater remediation proceeds of such issue are to be used for cap- of water per day. facility, or ital expenditures incurred by qualified bor- ‘‘(III) EXCEPTION TO RESTRICTION.—Sub- ‘‘(iv) facility that is functionally related or rowers for 1 or more qualified projects, clause (I) shall not apply to the extent its subordinate to a facility described in clause ‘‘(2) the bond is issued by a qualified issuer, application would cause any portion of the (i), (ii), or (iii). ‘‘(3) the issuer designates such bond for national clean renewable water supply bond ‘‘(B) ENVIRONMENTAL IMPACT.—A project purposes of this section, and limitation for the calendar year to remain shall not be treated as a qualified project ‘‘(4) in the case of a bond issued by a quali- unallocated, based on applications for alloca- under subparagraph (A) unless such project fied issuer before 2019, the bond is issued— tions of such limitation received by the Sec- is designed to comply with regulations ‘‘(A) pursuant to an allocation by the Sec- retary during the application period referred issued under subsection (f) relating to the retary to such issuer of a portion of the na- to in subparagraph (B). minimization of the environmental impact tional clean renewable water supply bond ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If of the project. limitation under subsection (b), and the clean renewable water supply bond limi- ‘‘(8) QUALIFIED RECYCLED WATER FACILITY.— ‘‘(B) not later than 6 months after the date tation for any calendar year exceeds the ag- ‘‘(A) IN GENERAL.—The term ‘qualified re- that such qualified issuer receives an alloca- gregate amount allocated under paragraph cycled water facility’ means any wastewater tion under subsection (b). (2) for such year, such limitation for the suc- treatment or distribution facility which— ceeding calendar year shall be increased by ‘‘Any allocation under subsection (b) not ‘‘(i) exceeds the requirements for the treat- the amount of such excess. used within the 6-month period described in ment and disposal of wastewater under the ‘‘(c) MATURITY LIMITATION.— paragraph (4)(B) shall be applied to increase Clean Water Act and any other Federal or ‘‘(1) IN GENERAL.—A bond shall not be State water pollution control standards for the national clean renewable water supply treated as a clean renewable water supply bond limitation for the next succeeding ap- the discharge and disposal of wastewater to bond if the maturity of such bond exceeds 20 surface water, land, or groundwater (as such plication period under subsection (b)(2)(B). years. ‘‘(b) NATIONAL LIMITATION ON AMOUNT OF requirements and standards are in effect on ‘‘(2) COORDINATION WITH SECTION 54A.—The BONDS DESIGNATED.— the date of issuance of the issue), and maturity limitation in section 54A(d)(5) shall ‘‘(ii) except as provided in subparagraph ‘‘(1) IN GENERAL.—There is a national clean not apply to any clean renewable water sup- renewable water supply bond limitation for (B), is used to reclaim wastewater produced ply bond. by the general public (including electric util- each calendar year before 2019. Such limita- ‘‘(d) REFINANCING RULES.—For purposes of ity, industrial, agricultural, commercial, or tion is— paragraph (a)(1), a qualified project may be residential users) to the extent such re- ‘‘(A) $0 for 2009, refinanced with proceeds of a clean renew- claimed wastewater is used for a beneficial ‘‘(B) $100,000,000 for 2010, able water supply bond only if the indebted- ‘‘(C) $150,000,000 for 2011, ness being refinanced (including any obliga- use that the issuer reasonably expects as of ‘‘(D) $200,000,000 for 2012, tion directly or indirectly refinanced by such the date of issuance of the issue otherwise ‘‘(E) $250,000,000 for 2013, indebtedness) was originally incurred by a would have been satisfied with potable water ‘‘(F) $500,000,000 for 2014, qualified borrower after the date of the en- supplies. ‘‘(G) $750,000,000 for 2015, actment of this section. ‘‘(B) IMPERMISSIBLE USES.—Reclaimed ‘‘(H) $1,000,000,000 for 2016, ‘‘(e) DEFINITIONS.—For purposes of this sec- wastewater is not used for a use described in ‘‘(I) $1,500,000,000 for 2017, and tion— subparagraph (A)(ii) to the extent such re- ‘‘(J) $1,750,000,000 for 2018. ‘‘(1) GOVERNMENTAL BODY.—The term ‘gov- claimed wastewater is— ‘‘(2) ALLOCATION OF LIMITATION.— ernmental body’ means any State or Indian ‘‘(i) discharged into a waterway or used to ‘‘(A) IN GENERAL.—The limitation under tribal government, or any political subdivi- meet waterway discharge permit require- paragraph (1) shall be allocated by the Sec- sion thereof. ments and not used to supplement potable retary among qualified projects as provided ‘‘(2) LOCAL WATER COMPANY.—The term water supplies, in this paragraph. ‘local water company’ means any entity re- ‘‘(ii) used to restore habitat, ‘‘(B) METHOD OF ALLOCATION.—For each sponsible for providing water service to the ‘‘(iii) used to provide once-through cooling calendar year after 2009 for which there is a general public (including electric utility, in- for an electric generation facility, or

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.102 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1098 CONGRESSIONAL RECORD — SENATE March 3, 2010 ‘‘(iv) intentionally introduced into the (G) by inserting after subparagraph (E) the (i) by inserting ‘‘or algae-based’’ after ‘‘cel- groundwater and not used to supplement po- following new subparagraphs: lulosic’’, and table water supplies. ‘‘(F) QUALIFIED ALGAE-BASED BIOFUEL PRO- (ii) by inserting ‘‘and 40(b)(6)(H), respec- ‘‘(f) REGULATIONS.—The Secretary shall DUCTION.—For purposes of this section, the tively’’ after ‘‘section 40(b)(6)(E)’’. prescribe such regulations as are necessary term ‘qualified algae-based biofuel produc- (b) SPECIAL ALLOWANCE FOR CELLULOSIC to carry out the purposes of this section, in- tion’ means any algae-based biofuel which is BIOFUEL PLANT PROPERTY.—Subsection (l) of cluding regulations promulgated in consulta- produced by the taxpayer, and which during section 168 of the Internal Revenue Code of tion with the Administrator of the Environ- the taxable year— 1986 is amended— mental Protection Agency to ensure the en- ‘‘(i) is sold by the taxpayer to another per- (1) by inserting ‘‘AND ALGAE-BASED’’ after vironmental impact of qualified facilities is son— ‘‘CELLULOSIC’’ in the heading, minimized.’’. ‘‘(I) for use by such other person in the pro- (2) by inserting ‘‘and any qualified algae- (b) CONFORMING AMENDMENTS.— duction of a qualified algae-based biofuel based biofuel plant property’’ after ‘‘quali- (1) Paragraph (1) of section 54A(d) of the mixture in such other person’s trade or busi- fied cellulosic biofuel plant property’’ in Internal Revenue Code of 1986 is amended by ness (other than casual off-farm production), paragraph (1), striking ‘‘or’’ at the end of subparagraph (D), ‘‘(II) for use by such other person as a fuel (3) by redesignating paragraphs (4) through by inserting ‘‘or’’ at the end of subparagraph in a trade or business, or (8) as paragraphs (6) through (10), respec- (E), and by inserting after subparagraph (E) ‘‘(III) who sells such algae-based biofuel at tively, the following new subparagraph: retail to another person and places such (4) by inserting ‘‘or qualified algae-based ‘‘(F) a clean renewable water supply algae-based biofuel in the fuel tank of such biofuel plant property’’ after ‘‘cellulosic bond,’’. other person, or biofuel plant property’’ in paragraph (7)(C), (2) Subparagraph (C) of section 54A(d)(2) of ‘‘(ii) is used or sold by the taxpayer for any as so redesignated, such Code is amended by striking ‘‘and’’ at purpose described in clause (i). (5) by striking ‘‘with respect to’’ and all the end of clause (iv), by striking the period that follows in paragraph (9), as so redesig- at the end of clause (v) and inserting ‘‘, and’’, The qualified algae-based biofuel production nated, and inserting ‘‘with respect to any and by adding at the end the following new of any taxpayer for any taxable year shall qualified cellulosic biofuel plant property clause: not include any alcohol which is purchased and any qualified algae-based biofuel plant ‘‘(vi) in the case of a clean renewable water by the taxpayer and with respect to which property which ceases to be such qualified supply bond, a purpose specified in section such producer increases the proof of the alco- property.’’, 54G(a)(1).’’. hol by additional distillation. (6) by inserting ‘‘or qualified algae-based (3) The table of sections for subpart I of ‘‘(G) QUALIFIED ALGAE-BASED BIOFUEL MIX- biofuel plant property’’ after ‘‘cellulosic part IV of subchapter A of chapter 1 of such TURE.—For purposes of this paragraph, the biofuel plant property’’ in paragraph (10), as Code is amended by adding at the end the term ‘qualified algae-based biofuel mixture’ so redesignated, and following new item: means a mixture of algae-based biofuel and gasoline or of algae-based biofuel and a spe- (7) by inserting after paragraph (3) the fol- ‘‘Sec. 54G. Clean renewable water supply lowing new paragraphs: bonds.’’. cial fuel which— ‘‘(i) is sold by the person producing such ‘‘(4) QUALIFIED ALGAE-BASED BIOFUEL PLANT (c) EFFECTIVE DATE.—The amendments mixture to any person for use as a fuel, or PROPERTY.—The term ‘qualified algae-based made by this section shall apply to obliga- ‘‘(ii) is used as a fuel by the person pro- biofuel plant property’ means property of a tions issued after December 31, 2008. ducing such mixture. character subject to the allowance for depre- ciation— SA 3380. Mr. NELSON of Florida (for ‘‘(H) ALGAE-BASED BIOFUEL.—For purposes of this paragraph— ‘‘(A) which is used in the United States himself and Mr. CRAPO) submitted an solely to produce algae-based biofuel, amendment intended to be proposed to ‘‘(i) IN GENERAL.—The term ‘algae-based biofuel’ means any liquid fuel, including gas- ‘‘(B) the original use of which commences amendment SA 3336 proposed by Mr. oline, diesel, aviation fuel, and ethanol, with the taxpayer after the date of the en- BAUCUS to the bill H.R. 4213, to amend which— actment of this paragraph, the Internal Revenue Code of 1986 to ‘‘(I) is produced from the biomass of algal ‘‘(C) which is acquired by the taxpayer by extend certain expiring provisions, and organisms, and purchase (as defined in section 179(d)) after for other purposes; which was ordered ‘‘(II) meets the registration requirements the date of the enactment of this paragraph, to lie on the table; as follows: for fuels and fuel additives established by the but only if no written binding contract for the acquisition was in effect on or before On page 268, between lines 11 and 12, insert Environmental Protection Agency under sec- such date, and the following: tion 211 of the Clean Air Act (42 U.S.C. 7545). ‘‘(ii) ALGAL ORGANISM.—The term ‘algal or- ‘‘(D) which is placed in service by the tax- SEC. ll. INCLUSION OF ALGAE-BASED BIOFUEL payer before January 1, 2013. IN DEFINITION OF CELLULOSIC ganism’ means a single- or multi-cellular or- BIOFUEL. ganism which is primarily aquatic and clas- ‘‘(5) ALGAE-BASED BIOFUEL.— (a) CELLULOSIC BIOFUEL PRODUCER CRED- sified as a non-vascular plant, including ‘‘(A) IN GENERAL.—The term ‘algae-based IT.— microalgae, blue-green algae biofuel’ means any liquid fuel which is pro- (1) GENERAL RULE.—Paragraph (4) of sec- (cyanobacteria), and macroalgae (seaweeds). duced from the biomass of algal organisms. tion 40(a) of the Internal Revenue Code of ‘‘(iii) EXCLUSION OF LOW-PROOF ALCOHOL.— ‘‘(B) ALGAL ORGANISM.—The term ‘algal or- 1986 is amended by inserting ‘‘and algae- Such term shall not include any alcohol with ganism’ means a single- or multi-cellular or- based’’ after ‘‘cellulosic’’. a proof of less than 150. The determination of ganism which is primarily aquatic and clas- (2) DEFINITIONS.—Paragraph (6) of section the proof of any alcohol shall be made with- sified as a non-vascular plant, including 40(b) of such Code is amended— out regard to any added denaturants.’’. microalgae, blue-green algae (A) by inserting ‘‘AND ALGAE-BASED’’ after (3) CONFORMING AMENDMENTS.— (cyanobacteria), and macroalgae (sea- ‘‘CELLULOSIC’’ in the heading, (A) Subparagraph (D) of section 40(d)(3) of weeds).’’. (B) by striking subparagraph (A) and in- such Code is amended— (c) EFFECTIVE DATES.— (1) CELLULOSIC BIOFUEL PRODUCER CREDIT.— serting the following: (i) by inserting ‘‘AND ALGAE-BASED’’ after The amendments made by subsection (a) ‘‘(A) IN GENERAL.—The cellulosic and ‘‘CELLULOSIC’’ in the heading, algae-based biofuel producer credit of any (ii) by inserting ‘‘or (b)(6)(F)’’ after shall apply to fuel produced after the date of taxpayer is an amount equal to the applica- ‘‘(b)(6)(C)’’ in clause (ii), and the enactment of this Act. ble amount for each gallon of— (iii) by inserting ‘‘or algae-based’’ after (2) SPECIAL ALLOWANCE FOR CELLULOSIC ‘‘(i) qualified cellulosic biofuel production, ‘‘such cellulosic’’. BIOFUEL PLANT PROPERTY.—The amendments and (B) Paragraph (6) of section 40(d) of such made by subsection (b) shall apply to prop- ‘‘(ii) qualified algae-based biofuel produc- Code is amended— erty purchased and placed in service after the date of the enactment of this Act. tion.’’, (i) by inserting ‘‘AND ALGAE-BASED’’ after (C) by redesignating subparagraphs (F), ‘‘CELLULOSIC’’ in the heading, and (G), and (H) as subparagraphs (I), (J), and (ii) by striking the first sentence and in- SA 3381. Mr. LIEBERMAN (for him- (K), respectively, serting ‘‘No cellulosic and algae-based self, Ms. COLLINS, Mrs. FEINSTEIN, Mr. (D) by inserting ‘‘AND ALGAE-BASED’’ after biofuel producer credit shall be determined BYRD, Mr. ENSIGN, and Mr. VOINOVICH) ‘‘CELLULOSIC’’ in the heading of subparagraph under subsection (a) with respect to any cel- submitted an amendment intended to (I), as so redesignated, lulosic or algae-based biofuel unless such cel- be proposed to amendment SA 3336 pro- (E) by inserting ‘‘or algae-based biofuel, lulosic or algae-based biofuel is produced in posed by Mr. BAUCUS to the bill H.R. whichever is appropriate,’’ after ‘‘cellulosic the United States and used as a fuel in the 4213, to amend the Internal Revenue biofuel’’ in subparagraph (J), as so redesig- United States.’’ Code of 1986 to extend certain expiring nated, (C) Paragraph (3) of section 40(e) of such provisions, and for other purposes; (F) by inserting ‘‘and qualified algae-based Code is amended by inserting ‘‘AND ALGAE- biofuel production’’ after ‘‘qualified cellu- BASED’’ after ‘‘CELLULOSIC’’ in the heading. which was ordered to lie on the table; losic biofuel production’’ in subparagraph (D) Paragraph (1) of section 4101(a) of such as follows: (K), as so redesignated, and Code is amended— At the end, add the following:

VerDate Nov 24 2008 04:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.101 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1099 TITLE VIII—DC OPPORTUNITY purpose of providing educational assistance grant under this title unless the entity’s ap- SCHOLARSHIP PROGRAM to low-income children in a demonstrably plication includes— SEC. 801. SHORT TITLE. failing public school system is constitutional (1) a detailed description of— This title may be cited as the ‘‘Scholar- if it is neutral with respect to religion and (A) how the entity will address the prior- ships for Opportunity and Results Act of provides assistance to a broad class of citi- ities described in section 806; 2010’’ or the ‘‘SOAR Act’’. zens who direct government aid to religious (B) how the entity will ensure that if more SEC. 802. FINDINGS. and secular schools solely as a result of their eligible students seek admission in the pro- Congress finds the following: genuine and independent private choices. gram than the program can accommodate, (1) Parents are best equipped to make deci- (7) Since the opportunity scholarship pro- eligible students are selected for admission sions for their children, including the edu- gram’s inception, it has consistently been through a random selection process which cational setting that will best serve the in- oversubscribed. Parents express strong sup- gives weight to the priorities described in terests and educational needs of their child. port for the opportunity scholarship pro- section 806; (2) For many parents in the District of Co- gram. A rigorous analysis of the program by (C) how the entity will ensure that if more lumbia, public school choice provided under the Institute of Education Sciences (IES) participating eligible students seek admis- the Elementary and Secondary Education shows statistically significant improvements sion to a participating school than the Act of 1965, as amended by the No Child Left in parental satisfaction and in reading scores school can accommodate, participating eligi- Behind Act of 2001, as well as under other that are even more dramatic when only ble students are selected for admission public school choice programs, is inadequate. those students consistently using the schol- through a random selection process; More educational options are needed to en- arships are considered. (D) how the entity will notify parents of el- sure all families in the District of Columbia (8) The DC opportunity scholarship pro- igible students of the expanded choice oppor- have access to a quality education. In par- gram is a program that offers families in tunities and how the entity will ensure that ticular, funds are needed to provide low-in- need, in the District of Columbia, important parents receive sufficient information about come parents with enhanced public opportu- alternatives while public schools are im- their options to allow the parents to make nities and private educational environments, proved. It is the sense of Congress that this informed decisions; regardless of whether such environments are program should continue as 1 of a 3-part (E) the activities that the entity will carry secular or nonsecular. comprehensive funding strategy for the Dis- out to provide parents of eligible students (3) Public school records raise persistent trict of Columbia school system that pro- with expanded choice opportunities through concerns regarding health and safety prob- vides new and equal funding for public the awarding of scholarships under section lems in District of Columbia public schools. schools, public charter schools, and oppor- 807(a); For example, more than half of the District tunity scholarships for students to attend (F) how the entity will determine the of Columbia’s teenage public school students private schools. amount that will be provided to parents for attend schools that meet the District of Co- SEC. 803. PURPOSE. the tuition, fees, and transportation ex- lumbia’s definition of ‘‘persistently dan- The purpose of this title is to provide low- penses, if any; gerous’’ due to the number of violent crimes. income parents residing in the District of (G) how the entity will— (4) While the per student cost for students Columbia, particularly parents of students (i) seek out private elementary schools and in the public schools of the District of Co- who attend elementary schools or secondary secondary schools in the District of Colum- lumbia is one of the highest in the United schools identified for improvement, correc- bia to participate in the program; and States, test scores for such students con- tive action, or restructuring under section (ii) ensure that participating schools will tinue to be among the lowest in the Nation. 1116 of the Elementary and Secondary Edu- meet the reporting and other requirements The National Assessment of Educational cation Act of 1965 (20 U.S.C. 6316), with ex- of this title; Progress (NAEP), an annual report released panded opportunities for enrolling their chil- (H) how the entity will ensure that partici- by the National Center for Education Statis- dren in other schools in the District of Co- pating schools are financially responsible tics, reported in its 2007 study that students lumbia, at least until the public schools in and will use the funds received under this in the District of Columbia were being out- the District of Columbia have adequately ad- title effectively; performed by every State in the Nation. On dressed shortfalls in health, safety, and secu- (I) how the entity will address the renewal the 2007 NAEP, 61 percent of fourth grade rity and the students in the District of Co- of scholarships to participating eligible stu- students scored ‘‘below basic’’ in reading, lumbia public schools are testing in mathe- dents, including continued eligibility; and and 51 percent scored ‘‘below basic’’ in math- matics and reading at or above the national (J) how the entity will ensure that a ma- ematics. Among eighth grade students, 52 average. jority of its voting board members or gov- percent scored ‘‘below basic’’ in reading and SEC. 804. GENERAL AUTHORITY. erning organization are residents of the Dis- 56 percent scored ‘‘below basic’’ in mathe- (a) AUTHORITY.—From funds appropriated trict of Columbia; matics. On the 2007 NAEP reading assess- to carry out this title, the Secretary shall (2) an assurance that the entity will com- ment, only 14 percent of the District of Co- award grants on a competitive basis to eligi- ply with all requests regarding any evalua- lumbia fourth grade students could read pro- ble entities with approved applications under tion carried out under section 809; and ficiently, while only 12 percent of the eighth section 805 to carry out activities to provide (3) an assurance that site inspections of grade students scored at the proficient or ad- eligible students with expanded school participating schools will be conducted at vanced level. choice opportunities. The Secretary may appropriate intervals. award a single grant or multiple grants, de- (5) In 2003, Congress passed the DC School SEC. 806. PRIORITIES. pending on the quality of applications sub- Choice Incentive Act of 2003 (Public Law 108– In awarding grants under this title, the mitted and the priorities of this title. 199; 118 Stat. 126) to provide opportunity Secretary shall give priority to applications URATION OF GRANTS.—The Secretary (b) D from eligible entities that will most effec- scholarships to parents of students in the shall make grants under this section for a tively— District of Columbia that could be used by period of not more than 5 years. (1) give priority to eligible students who, students in kindergarten through grade 12 to (c) MEMORANDUM OF UNDERSTANDING.—The attend a private educational institution. The Secretary and the Mayor of the District of in the school year preceding the school year opportunity scholarship program under such Columbia shall enter into a memorandum of for which the eligible student is seeking a Act was part of a comprehensive 3-part fund- understanding regarding the design of, selec- scholarship, attended an elementary school ing arrangement that also included addi- tion of eligible entities to receive grants or secondary school identified for improve- tional funds for the District of Columbia under, and implementation of, a program as- ment, corrective action, or restructuring public schools, and additional funds for pub- sisted under this title. under section 1116 of the Elementary and lic charter schools of the District of Colum- (d) SPECIAL RULE.—Notwithstanding any Secondary Education Act of 1965 (20 U.S.C. bia. The intent of the approach was to ensure other provision of law, funding appropriated 6316); that progress would continue to be made to for the opportunity scholarship program (2) give priority to students whose house- improve public schools and public charter under the Omnibus Appropriations Act, 2009 hold includes a sibling or other child who is schools, and that funding for the opportunity (Public Law 111–8), the District of Columbia already participating in the program of the scholarship program would not lead to a re- Appropriations Act, 2010 (Public Law 111– eligible entity under this title, regardless of duction in funding for the District of Colum- 117), or any other Act, may be used to pro- whether such students have, in the past, bia public and charter schools. Resources vide opportunity scholarships under section been assigned as members of a control study would be available for a variety of edu- 807 to new applicants. group for the purposes of an evaluation cational options that would give families in SEC. 805. APPLICATIONS. under section 809; the District of Columbia a range of choices (a) IN GENERAL.—In order to receive a (3) target resources to students and fami- with regard to the education of their chil- grant under this title, an eligible entity lies that lack the financial resources to take dren. shall submit an application to the Secretary advantage of available educational options; (6) The opportunity scholarship program at such time, in such manner, and accom- and was established in accordance with the U.S. panied by such information as the Secretary (4) provide students and families with the Supreme Court decision, Zelman v. Sim- may require. widest range of educational options. mons-Harris, 536 U.S. 639 (2002), which found (b) CONTENTS.—The Secretary may not ap- SEC. 807. USE OF FUNDS. that a program enacted for the valid secular prove the request of an eligible entity for a (a) SCHOLARSHIPS.—

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(1) IN GENERAL.—Subject to paragraphs (2) use not more than 3 percent of the amount nected to, a religious organization may exer- and (3), an eligible entity receiving a grant provided under the grant each year for the cise its right in matters of employment con- under this title shall use the grant funds to administrative expenses of carrying out its sistent with title VII of the Civil Rights Act provide eligible students with scholarships program under this title during the year, in- of 1964 (42 U.S.C. 2000e–1 et seq.), including to pay the tuition, fees, and transportation cluding— the exemptions in such title. expenses, if any, to enable the eligible stu- (1) determining the eligibility of students (2) MAINTENANCE OF PURPOSE.—Notwith- dents to attend the District of Columbia pri- to participate; standing any other provision of law, funds vate elementary school or secondary school (2) selecting eligible students to receive made available under this title to eligible of their choice beginning in school year 2010– scholarships; students, which are used at a participating 2011. Each such eligible entity shall ensure (3) determining the amount of scholarships school as a result of their parents’ choice, that the amount of any tuition or fees and issuing the scholarships to eligible stu- shall not, consistent with the first amend- charged by a school participating in such eli- dents; and ment of the United States Constitution, ne- gible entity’s program under this title to an (4) compiling and maintaining financial cessitate any change in the participating eligible student participating in the program and programmatic records. school’s teaching mission, require any par- does not exceed the amount of tuition or fees (c) PARENTAL ASSISTANCE.—An eligible en- ticipating school to remove religious art, that the school charges to students who do tity receiving a grant under this title may icons, scriptures, or other symbols, or pre- not participate in the program. use not more than 2 percent of the amount clude any participating school from retain- (2) PAYMENTS TO PARENTS.—An eligible en- provided under the grant each year for the ing religious terms in its name, selecting its tity receiving a grant under this title shall expenses of educating parents about the pro- board members on a religious basis, or in- make scholarship payments under the pro- gram under this title and assisting parents cluding religious references in its mission gram under this title to the parent of the eli- through the application process under this statements and other chartering or gov- gible student participating in the program, title during the year, including— erning documents. in a manner which ensures that such pay- (1) providing information about the pro- (e) RULE OF CONSTRUCTION.—A scholarship ments will be used for the payment of tui- gram and the participating schools to par- (or any other form of support provided to tion, fees, and transportation expenses (if ents of eligible students; parents of eligible students) under this title shall be considered assistance to the student any), in accordance with this title. (2) providing funds to assist parents of stu- and shall not be considered assistance to the (3) AMOUNT OF ASSISTANCE.— dents in meeting expenses that might other- school that enrolls the eligible student. The (A) VARYING AMOUNTS PERMITTED.—Subject wise preclude the participation of eligible amount of any scholarship (or other form of to the other requirements of this section, an students in the program; and eligible entity receiving a grant under this support provided to parents of an eligible (3) streamlining the application process for student) under this title shall not be treated title may award scholarships in larger parents. amounts to those eligible students with the as income of the parents for purposes of Fed- (d) STUDENT ACADEMIC ASSISTANCE.—An el- greatest need. eral tax laws or for determining eligibility igible entity receiving a grant under this for any other Federal program. (B) ANNUAL LIMIT ON AMOUNT.— title may use not more than 1 percent of the SEC. 809. EVALUATIONS. (i) LIMIT FOR SCHOOL YEAR 2010–2011.—The amount provided under the grant each year amount of assistance provided to any eligi- (a) IN GENERAL.— for expenses to provide tutoring services to ble student by an eligible entity under a pro- (1) DUTIES OF THE SECRETARY AND THE participating eligible students that need ad- gram under this title for school year 2010– MAYOR.—The Secretary and the Mayor of the ditional academic assistance in the students’ 2011 may not exceed— District of Columbia shall— new schools. If there are insufficient funds to (I) $9,000 for attendance in kindergarten (A) jointly enter into an agreement with pay for these costs for all such students, the through grade 8; and the Institute of Education Sciences of the eligible entity shall give priority to students (II) $11,000 for attendance in grades 9 Department of Education to evaluate annu- who previously attended an elementary through 12. ally the performance of students who re- school or secondary school that was identi- (ii) CUMULATIVE INFLATION ADJUSTMENT.— ceived scholarships under the 5-year program fied for improvement, corrective action, or The limits described in clause (i) shall apply under this title, and for each school year following school year restructuring under section 1116 of the Ele- (B) make the evaluations public in accord- 2010–2011, except that the Secretary shall ad- mentary and Secondary Education Act of ance with subsection (c). just the maximum amounts of assistance (as 1965 (20 U.S.C. 6316) as of the time the stu- (2) DUTIES OF THE SECRETARY.—The Sec- described in clause (i) and adjusted under dent attended the school. retary, through a grant, contract, or cooper- this clause for the preceding year) for infla- SEC. 808. NONDISCRIMINATION. ative agreement, shall— tion, as measured by the percentage in- (a) IN GENERAL.—An eligible entity or a (A) ensure that the evaluation is conducted crease, if any, from the preceding fiscal year school participating in any program under using the strongest possible research design in the Consumer Price Index for All Urban this title shall not discriminate against pro- for determining the effectiveness of the pro- Consumers, published by the Bureau of gram participants or applicants on the basis gram funded under this title that addresses Labor Statistics of the Department of Labor. of race, color, national origin, religion, or the issues described in paragraph (4); and (4) PARTICIPATING SCHOOL REQUIREMENTS.— sex. (B) disseminate information on the impact None of the funds provided under this title (b) APPLICABILITY AND SINGLE SEX of the program in increasing the academic for opportunity scholarships may be used by SCHOOLS, CLASSES, OR ACTIVITIES.— growth and achievement of participating an eligible student to enroll in a partici- (1) IN GENERAL.—Notwithstanding any students, and on the impact of the program pating private school unless the partici- other provision of law, the prohibition of sex on students and schools in the District of Co- pating school— discrimination in subsection (a) shall not lumbia. (A) has and maintains a valid certificate of apply to a participating school that is oper- (3) DUTIES OF THE INSTITUTE OF EDUCATION occupancy issued by the District of Colum- ated by, supervised by, controlled by, or con- SCIENCES.—The Institute of Education bia; nected to a religious organization to the ex- Sciences shall— (B) makes readily available to all prospec- tent that the application of subsection (a) is (A) use a grade appropriate measurement tive students information on its school ac- inconsistent with the religious tenets or be- each school year to assess participating eli- creditation; liefs of the school. gible students; (C) in the case of a school that has been op- (2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI- (B) measure the academic achievement of erating for 5 years or less, submits to the eli- TIES.—Notwithstanding subsection (a) or any all participating eligible students; and gible entity administering the program proof other provision of law, a parent may choose (C) work with the eligible entities to en- of adequate financial resources reflecting the and a school may offer a single sex school, sure that the parents of each student who ap- financial sustainability of the school and the class, or activity. plies for a scholarship under this title (re- school’s ability to be in operation through (3) APPLICABILITY.—For purposes of this gardless of whether the student receives the the school year; title, the provisions of section 909 of the Edu- scholarship) and the parents of each student (D) has financial systems, controls, poli- cation Amendments of 1972 (20 U.S.C. 1688) participating in the scholarship program cies, and procedures to ensure that Federal shall apply to this title as if section 909 of under this title, agree that the student will funds are used according to this title; the Education Amendments of 1972 (20 U.S.C. participate in the measurements given annu- (E) ensures that each teacher of core sub- 1688) were part of this title. ally by the Institute of Educational Sciences ject matter in the school has a baccalaureate (c) CHILDREN WITH DISABILITIES.—Nothing for the period for which the student applied degree or equivalent degree; and in this title may be construed to alter or for or received the scholarship, respectively, (F) is in compliance with the accreditation modify the provisions of the Individuals with except that nothing in this subparagraph and other standards prescribed under the Disabilities Education Act (20 U.S.C. 1400 et shall affect a student’s priority for an oppor- District of Colombia compulsory school at- seq.). tunity scholarship as provided under section tendance laws that apply to educational in- (d) RELIGIOUSLY AFFILIATED SCHOOLS.— 806(2). stitutions not affiliated with the District of (1) IN GENERAL.—Notwithstanding any (4) ISSUES TO BE EVALUATED.—The issues to Columbia Public Schools. other provision of law, a school participating be evaluated include the following: (b) ADMINISTRATIVE EXPENSES.—An eligible in any program under this title that is oper- (A) A comparison of the academic growth entity receiving a grant under this title may ated by, supervised by, controlled by, or con- and achievement of participating eligible

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.118 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1101 students in the measurements described in under this title, on the results of the evalua- preserve confidentiality, at no time should this section to the academic growth and tion of the program funded under this title. results for individual students or schools be achievement of— (c) PUBLIC AVAILABILITY.—All reports and released to the public. (i) students in the same grades in the Dis- underlying data gathered pursuant to this (b) REQUESTS FOR DATA AND INFORMA- trict of Columbia public schools; and section shall be made available to the public TION.—Each school participating in a pro- (ii) the eligible students in the same grades upon request, in a timely manner following gram funded under this title shall comply in the District of Columbia public schools submission of the applicable report under with all requests for data and information who sought to participate in the scholarship subsection (b), except that personally identi- regarding evaluations conducted under sec- program but were not selected. fiable information shall not be disclosed or tion 809(a). (B) The success of the program in expand- made available to the public. (c) RULES OF CONDUCT AND OTHER SCHOOL OLICIES ing choice options for parents. (d) LIMIT ON AMOUNT EXPENDED.—The P .—A participating school, including (C) The reasons parents choose for their amount expended by the Secretary to carry a participating school described in section children to participate in the program. out this section for any fiscal year may not 808(d), may require eligible students to abide by any rules of conduct and other require- (D) A comparison of the retention rates, exceed 5 percent of the total amount appro- ments applicable to all other students at the dropout rates, and (if appropriate) gradua- priated to carry out this title for the fiscal school. tion and college admission rates, of students year. SEC. 812. DEFINITIONS. who participate in the program funded under SEC. 810. REPORTING REQUIREMENTS. this title with the retention rates, dropout In this title: (a) ACTIVITIES REPORTS.—Each eligible en- (1) ELEMENTARY SCHOOL.—The term ‘‘ele- rates, and (if appropriate) graduation and tity receiving funds under this title during a college admission rates of students of simi- mentary school’’ means an institutional day year shall submit a report to the Secretary or residential school, including a public ele- lar backgrounds who do not participate in not later than July 30 of the following year such program. mentary charter school, that provides ele- regarding the activities carried out with the (E) The impact of the program on students, mentary education, as determined under Dis- funds during the preceding year. and public elementary schools and secondary trict of Columbia law. (b) ACHIEVEMENT REPORTS.— schools, in the District of Columbia. (2) ELIGIBLE ENTITY.—The term ‘‘eligible (1) IN GENERAL.—In addition to the reports (F) A comparison of the safety of the entity’’ means any of the following: required under subsection (a), each grantee schools attended by students who participate (A) A nonprofit organization. receiving funds under this title shall, not in the program funded under this title and (B) A consortium of nonprofit organiza- later than September 1 of the year during the schools attended by students who do not tions. which the second academic year of the grant- participate in the program, based on the per- (3) ELIGIBLE STUDENT.—The term ‘‘eligible ee’s program is completed and each of the ceptions of the students and parents and on student’’ means a student who is a resident next 2 years thereafter, submit to the Sec- objective measures of safety. of the District of Columbia and comes from (G) Such other issues as the Secretary con- retary a report, including any pertinent data a household— siders appropriate for inclusion in the eval- collected in the preceding 2 academic years, (A) receiving assistance under the supple- uation. concerning— mental nutrition assistance program estab- (H) An analysis of the issues described in (A) the academic growth and achievement lished under the Food and Nutrition Act of subparagraphs (A) through (G) with respect of students participating in the program; 2008 (7 U.S.C. 2011 et seq.); or to the subgroup of eligible students partici- (B) the graduation and college admission (B) whose income does not exceed— pating in the program funded under this title rates of students who participate in the pro- (i) 185 percent of the poverty line; who consistently use the opportunity schol- gram, where appropriate; and (ii) in the case of a student in a household arships to attend a participating school. (C) parental satisfaction with the program. that had a student participating in a pro- (I) An assessment of the academic value (2) PROHIBITING DISCLOSURE OF PERSONAL gram under this title for the preceding added by participating schools on a school- INFORMATION.—No report under this sub- school year, 250 percent of the poverty line; by-school basis based on test results from section may contain any personally identifi- or participating eligible students using the able information. (iii) in the case of a student in a household same test as is administered to students at- (c) REPORTS TO PARENT.— that had a student participating in a pro- tending District of Columbia public schools, (1) IN GENERAL.—Each grantee receiving gram under the DC School Choice Incentive except that if the evaluator is able certify funds under this title shall ensure that each Act of 2003 (Public Law 108–199; 118 Stat. 126) that other means are available to compare school participating in the grantee’s pro- on or before the date of enactment of this results from the test administrated in Dis- gram under this title during a year reports title, 300 percent of the poverty line. trict of Columbia public schools to the na- at least once during the year to the parents (4) PARENT.—The term ‘‘parent’’ has the tionally normed test used at the partici- of each of the school’s students who are par- meaning given that term in section 9101 of pating school, such nationally normed test ticipating in the program on— the Elementary and Secondary Education may be used. Such assessment shall be based (A) the student’s academic achievement, as Act of 1965 (20 U.S.C. 7801). on the strongest possible research design and measured by a comparison with the aggre- (5) POVERTY LINE.—The term ‘‘poverty shall, to the extent possible, test students gate academic achievement of other partici- line’’ has the meaning given that term in under conditions that yield scientifically pating students at the student’s school in section 9101 of the Elementary and Sec- valid results. Such assessment shall also pro- the same grade or level, as appropriate, and ondary Education Act of 1965 (20 U.S.C. 7801). vide, to the extent possible, a scientifically the aggregate academic achievement of the (6) SECONDARY SCHOOL.—The term ‘‘sec- valid analysis of how such schools provide student’s peers at the student’s school in the ondary school’’ means an institutional day academic value added as compared to public same grade or level, as appropriate; and or residential school, including a public sec- schools in the District of Columbia. The re- (B) the safety of the school, including the ondary charter school, that provides sec- sults of the assessment shall be supplied to incidence of school violence, student suspen- ondary education, as determined under Dis- parents and included in all reports to Con- sions, and student expulsions. trict of Columbia law, except that the term gress so as to ensure that Federal dollars (2) PROHIBITING DISCLOSURE OF PERSONAL does not include any education beyond grade used for the purposes of the program are INFORMATION.—No report under this sub- 12. positively impacting the achievement levels section may contain any personally identifi- (7) SECRETARY.—The term ‘‘Secretary’’ of student participants. able information, except as to the student means the Secretary of Education. (5) PROHIBITION.—Personally identifiable who is the subject of the report to that stu- SEC. 813. TRANSITION PROVISIONS. information regarding the results of the dent’s parent. (a) REPEAL; SUNSET OF OTHER PROVI- measurements used for the evaluations may (d) REPORT TO CONGRESS.—The Secretary SIONS.— not be disclosed, except to the parents of the shall submit to the Committees on Appro- (1) REPEAL.—The DC School Choice Incen- student to whom the information relates. priations, Education and the Workforce, and tive Act of 2003 (title III of division C of the (b) REPORTS.—The Secretary shall submit Oversight and Government Reform of the Consolidated Appropriations Act, 2004 (Pub- to the Committees on Appropriations, Edu- House of Representatives and the Commit- lic Law 108–199; 118 Stat. 126)) is repealed. cation and Labor, and Oversight and Govern- tees on Appropriations, Health, Education, (2) SUNSET OF OTHER PROVISIONS.—Notwith- ment Reform of the House of Representa- Labor, and Pensions, and Homeland Security standing any other provision of law, all of tives and the Committees on Appropriations, and Governmental Affairs of the Senate an the provisos under the heading ‘‘FEDERAL Health, Education, Labor, and Pensions, and annual report on the findings of the reports PAYMENT FOR SCHOOL IMPROVEMENT’’ under Homeland Security and Governmental Af- submitted under subsections (a) and (b). the District of Columbia Appropriations Act, fairs of the Senate— SEC. 811. OTHER REQUIREMENTS FOR PARTICI- 2010 (Public Law 111–117), shall cease to have (1) annual interim reports, not later than PATING SCHOOLS. effect on and after the date of enactment of December 1 of each year for which a grant is (a) TESTING.—Students participating in a this Act. made under this title, on the progress and program under this title shall take a nation- (b) REAUTHORIZATION OF PROGRAM.—This preliminary results of the evaluation of the ally norm-referenced standardized test in title shall be deemed to be the reauthoriza- program funded under this title; and reading and mathematics. Results of such tion of the opportunity scholarship program (2) a final report, not later than 1 year test shall be reported to the student’s parent under the DC School Choice Incentive Act of after the final year for which a grant is made and the Institute of Education Sciences. To 2003.

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(c) ORDERLY TRANSITION.—Subject to sub- mestic investments’ means the cost of quali- residence (within the meaning of section 121) sections (d) and (e), the Secretary shall take fied property (as defined in section of such individual on a temporary basis, such steps as the Secretary determines to be 168(k)(2)(A)(i))— ‘‘(B) any individual who receives rental in- appropriate to provide for the orderly transi- ‘‘(A) the original use of which commences come of not more than the minimal amount, tion to the authority of this title from any with the taxpayer during the taxable year, as determined under regulations prescribed authority under the provisions of the DC and by the Secretary, and School Choice Incentive Act of 2003 (Public ‘‘(B) which is placed in service in the ‘‘(C) any other individual for whom the re- Law 108–199; 118 Stat. 126), as the DC School United States by the taxpayer during such quirements of this section would cause hard- Choice Incentive Act of 2003 was in effect on taxable year. ship, as determined under regulations pre- the day before the date of enactment of this ‘‘(4) CREDIT REFUNDABLE.—For purposes of scribed by the Secretary.’’. title. subsections (b) and (c) of section 6401, the ag- (b) EFFECTIVE DATE.—The amendment (d) RULE OF CONSTRUCTION.—Nothing in gregate increase in the credits allowable made by this section shall apply to payments this title or a repeal made by this title shall under part IV of subchapter A for any tax- made after December 31, 2010. be construed to alter or affect the memo- able year resulting from the application of randum of understanding entered into with this subsection shall be treated as allowed SA 3383. Mr. WICKER (for himself the District of Columbia, or any grant or under subpart C of such part (and not to any and Mr. COCHRAN) submitted an amend- contract awarded, under the DC School other subpart). ment intended to be proposed to Choice Incentive Act of 2003 (Public Law 108– ‘‘(5) ELECTION.— amendment SA 3336 proposed by Mr. 199; 118 Stat. 126), as the DC School Choice ‘‘(A) IN GENERAL.—An election under this BAUCUS to the bill H.R. 4213, to amend Incentive Act of 2003 was in effect on the day subsection shall be made at such time and in before the date of enactment of this title. such manner as prescribed by the Secretary, the Internal Revenue Code of 1986 to (e) MULTI-YEAR AWARDS.—The recipient of and once effective, may be revoked only with extend certain expiring provisions, and a multi-year grant or contract award under the consent of the Secretary. for other purposes; which was ordered the DC School Choice Incentive Act of 2003 ‘‘(B) INTERIM ELECTIONS.—Until such time to lie on the table; as follows: (Public Law 108–199; 118 Stat. 126), as the DC as the Secretary prescribes a manner for On page 38, after line 24, add the following: School Choice Incentive Act of 2003 was in ef- making an election under this subsection, a SEC. 186. TAX-EXEMPT BOND FINANCING. fect on the day before the date of enactment taxpayer is treated as having made a valid (a) IN GENERAL.—Paragraphs (2)(D) and of this title, shall continue to receive funds election by providing written notification to (7)(C) of section 1400N(a) are each amended in accordance with the terms and conditions the Secretary and the Commissioner of In- by striking‘‘January 1, 2011’’ and inserting of such award. ternal Revenue of such election. ‘‘January 1, 2012’’. SEC. 814. AUTHORIZATION OF APPROPRIATIONS. ‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP (b) CONFORMING AMENDMENTS.—Sections There are authorized to be appropriated— INVESTMENTS.—For purposes of this sub- 702(d)(1) and 704(a) of the Heartland Disaster (1) to carry out this title, $20,000,000 for fis- section, any corporation’s allocable share of Tax Relief Act of 2008 (Public Law 110-343; 122 cal year 2010 and such sums as may be nec- any new domestic investments by a partner- Stat. 3913, 3919) are each amended by essary for each of the 4 succeeding fiscal ship more than 90 percent of the capital and striking‘‘January 1, 2011’’ each place it ap- years; profits interest in which is owned by such pears and inserting ‘‘January 1, 2012’’. (2) for the District of Columbia public corporation (directly or indirectly) at all schools, in addition to any other amounts times during the taxable year in which an SA 3384. Ms. KLOBUCHAR submitted available for District of Columbia public election under this subsection is in effect an amendment intended to be proposed shall be considered new domestic invest- schools, $20,000,000 for fiscal year 2010 and by her to the bill H.R. 4213, to amend such sums as may be necessary for each of ments of such corporation for such taxable the 4 succeeding fiscal years; and year. the Internal Revenue Code of 1986 to (3) for District of Columbia public charter ‘‘(7) NO DOUBLE BENEFIT.—Notwithstanding extend certain expiring provisions, and schools, in addition to any other amounts clause (iii)(II) of section 172(b)(1)(H), any tax- for other purposes; which was ordered available for District of Columbia public payer which has previously made an election to lie on the table; as follows: charter schools, $20,000,000 for fiscal year 2010 under such section shall be deemed to have At the appropriate place in title VI, insert and such sums as may be necessary for each revoked such election by the making of its the following: first election under this subsection. of the 4 succeeding fiscal years. SEC. 6ll. ENERGY EFFICIENCY LOAN GUARAN- ‘‘(8) REGULATIONS.—The Secretary may TEES. SA 3382. Ms. STABENOW (for herself, issue such regulations or other guidance as Section 1705(a) of the Energy Policy Act of Mr. HATCH, Mr. SCHUMER, Mr. CRAPO, may be necessary or appropriate to carry out 2005 (42 U.S.C. 16516(a)) is amended by adding Mr. RISCH, Ms. SNOWE, Mr. BROWN of this subsection, including to prevent fraud at the end the following: Ohio, and Mr. ENZI) submitted an and abuse under this subsection. ‘‘(4) Energy efficiency projects, including amendment intended to be proposed to ‘‘(9) TERMINATION.—This subsection shall projects to retrofit residential, commercial, not apply to any taxable year that begins amendment SA 3336 proposed by Mr. and industrial buildings, facilities, and after December 31, 2010.’’. equipment.’’. BAUCUS to the bill H.R. 4213, to amend (b) QUICK REFUND OF REFUNDABLE CRED- the Internal Revenue Code of 1986 to IT.—Section 6425 is amended by adding at the Ms. KLOBUCHAR submitted end the following new subsection: SA 3385. extend certain expiring provisions, and an amendment intended to be proposed for other purposes; as follows: ‘‘(e) ALLOWANCE OF AMT CREDIT ADJUST- MENT AMOUNT.—The amount of an adjust- to amendment SA 3336 proposed by Mr. At the end of title VI, add the following: ment under this section as determined under BAUCUS to the bill H.R. 4213, to amend SEC. 602. ELECTION TO TEMPORARILY UTILIZE subsection (c)(2) for any taxable year may be the Internal Revenue Code of 1986 to UNUSED AMT CREDITS DETERMINED increased to the extent of the corporation’s BY DOMESTIC INVESTMENT. extend certain expiring provisions, and AMT credit adjustment amount determined for other purposes; which was ordered (a) IN GENERAL.—Section 53 is amended by under section 53(g) for such taxable year.’’. adding at the end the following new sub- (c) EFFECTIVE DATE.—The amendments to lie on the table; as follows: section: made by this section shall apply to taxable On page 268, between lines 11 and 12, insert ‘‘(g) ELECTION FOR CORPORATIONS WITH UN- years beginning after December 31, 2009. the following: USED CREDITS.— SEC. 603. INFORMATION REPORTING FOR RENT- SEC. ll. EXTENSION OF TIME TO MEET CRI- ‘‘(1) IN GENERAL.—If a corporation elects to AL PROPERTY EXPENSE PAYMENTS. TERIA FOR CERTIFICATION FOR have this subsection apply, then notwith- (a) IN GENERAL.—Section 6041 is amended QUALIFYING ADVANCED COAL standing any other provision of law, the lim- by adding at the end the following new sub- PROJECT CREDIT. itation imposed by subsection (c) for any section: (a) IN GENERAL.—Subparagraph (D) of sec- such taxable year shall be increased by the ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- tion 48A(d)(2) of the Internal Revenue Code AMT credit adjustment amount. PENSE PAYMENTS.— of 1986 is amended by adding at the end the ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— ‘‘(1) IN GENERAL.—Solely for purposes of following: ‘‘The Secretary may extend the 2- For purposes of paragraph (1), the term subsection (a) and except as provided in year period in the preceding sentence if the ‘AMT credit adjustment amount’ means with paragraph (2), a person receiving rental in- Secretary determines that a failure to meet respect to any taxable year beginning in come from real estate shall be considered to such criteria is due to circumstances beyond 2010, the lesser of— be engaged in a trade or business of renting the control of the applicant, except that the ‘‘(A) 50 percent of a corporation’s min- property. Secretary may not extend such time period imum tax credit determined under sub- ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not later than December 31, 2014.’’. section (b), or apply to— (b) EFFECTIVE DATE.—The amendment ‘‘(B) 10 percent of new domestic invest- ‘‘(A) any individual, including any indi- made by this section shall apply to applica- ments made during such taxable year. vidual who is an active member of the uni- tions submitted after the date which is 3 ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- formed services, if substantially all rental years before the date of the enactment of poses of this subsection, the term ‘new do- income is derived from renting the principal this Act.

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Mr. BROWN of Ohio sub- Commerce, the Department of Labor, the De- United States has a bilateral or regional mitted an amendment intended to be partment of Agriculture, and the Depart- trade agreement in effect, the Trade Rep- proposed by him to the bill H.R. 4213, ment of State, or any other agency or con- resentative shall, not later than 120 days to amend the Internal Revenue Code of gressional commission during the 12 months after the date that the report described in preceding the date on which the report de- subsection (a) is submitted— 1986 to extend certain expiring provi- scribed in subsection (a)(4) is required to be ‘‘(A)(i) initiate dispute settlement con- sions, and for other purposes; which submitted; sultations in the World Trade Organization; was ordered to lie on the table; as fol- ‘‘(D) a foreign country’s compliance with or lows: its obligations under any trade agreements ‘‘(ii) initiate dispute settlement consulta- At the end, add the following: to which both the foreign country and the tions under the applicable provisions of the United States are parties; DIVISION ll—TRADE ENFORCEMENT bilateral or regional trade agreement; ‘‘(E) a foreign country’s compliance with PRIORITIES ‘‘(B) seek to negotiate an agreement that its obligations under internationally recog- provides for the elimination of the priority SEC. ll01. SHORT TITLE. nized sanitary and phytosanitary standards; foreign country trade practice or, if elimi- This division may be cited as the ‘‘Trade ‘‘(F) the international competitive posi- nation of the practice is not feasible, an Enforcement Priorities Act’’. tion and export potential of United States agreement that provides for compensatory SEC. ll02. IDENTIFICATION OF TRADE EN- products and services; and trade benefits; or FORCEMENT PRIORITIES. ‘‘(G) the enforcement of customs laws re- ‘‘(C) take any other action necessary to fa- (a) IN GENERAL.—Section 310 of the Trade lating to anticircumvention and trans- cilitate the elimination of the priority for- Act of 1974 (19 U.S.C. 2420) is amended to read shipment. as follows: eign country trade practice. ‘‘(c) CONSULTATION.— ‘‘(3) ACTIONS WITH RESPECT TO PRACTICES OF ‘‘SEC. 310. IDENTIFICATION OF TRADE ENFORCE- ‘‘(1) IN GENERAL.—Not later than 90 days OTHER COUNTRIES.—In the case of any pri- MENT PRIORITIES. after the date that the National Trade Esti- ‘‘(a) IDENTIFICATION AND ANNUAL REPORT.— ority foreign country trade practice identi- mate under section 181(b) is required to be fied under subsection (a) of a country that is Not later than 75 days after the date that the submitted, the Trade Representative shall National Trade Estimate under section 181(b) not described in paragraph (2), the Trade consult with the Committee on Finance of Representative shall, not later than 120 days is required to be submitted each calendar the Senate and the Committee on Ways and year, the United States Trade Representa- after the report described in subsection (a) is Means of the House of Representatives with submitted— tive shall— respect to the priorities, actions, assess- ‘‘(A) initiate an investigation under sec- ‘‘(1) identify the trade enforcement prior- ments, and practices required to be identi- tion 302(b)(1); ities of the United States; fied in the report under subsection (a). ‘‘(B) seek to negotiate an agreement that ‘‘(2) identify trade enforcement actions ‘‘(2) VOTE OF COMMITTEE.—If, as a result of provides for the elimination of the priority that the United States has taken during the the consultations described in paragraph (1), foreign country trade practice or, if elimi- previous year and provide an assessment of either the Committee on Finance of the Sen- nation of the practice is not feasible, an the impact those enforcement actions have ate or the Committee on Ways and Means of agreement that provides for compensatory had in addressing foreign trade barriers; the House of Representatives requests identi- trade benefits; or ‘‘(3) identify the priority foreign country fication of a priority foreign country trade ‘‘(C) take any other action necessary to trade practices on which the Trade Rep- practice by majority vote of the Committee, resentative will focus the trade enforcement the Trade Representative shall include such eliminate the priority foreign country trade efforts of the United States during the up- identification in the report required under practice. DDITIONAL REPORTING.— coming year; and subsection (a). ‘‘(e) A ‘‘(1) REPORT BY TRADE REPRESENTATIVE.— ‘‘(4) submit to the Committee on Finance ‘‘(3) DETERMINATION NOT TO INCLUDE PRI- Not later than 180 days after the date of the of the Senate and the Committee on Ways ORITY FOREIGN COUNTRY TRADE PRACTICES.— and Means of the House of Representatives The Trade Representative may determine enactment of this section, and every 180 days and publish in the Federal Register a report not to include the priority foreign country thereafter, the Trade Representative shall on the priorities, actions, assessments, and trade practice requested under paragraph (2) report to the Committee on Finance of the practices identified in paragraphs (1), (2), and in the report required under subsection (a) Senate and the Committee on Ways and (3). only if the Trade Representative finds that— Means of the House of Representatives on ‘‘(b) FACTORS TO CONSIDER.—In identifying ‘‘(A) such practice is already being ad- the progress being made to realize the trade priority foreign country trade practices dressed under provisions of United States enforcement priorities identified in sub- under subsection (a)(3), the Trade Represent- trade law, under the Uruguay Round Agree- section (a)(1) and the steps being taken to ative shall— ments (as defined in section 2(7) of the Uru- address the priority foreign country trade ‘‘(1) focus on those practices the elimi- guay Round Agreements Act (19 U.S.C. practices identified in subsection (a)(3). nation of which is likely to have the most 3501(7))), under a bilateral or regional trade ‘‘(2) REPORT BY GOVERNMENT ACCOUNT- significant potential to increase United agreement, or as part of trade negotiations ABILITY OFFICE.—Not later than 2 years after States economic growth; and with that foreign country or other countries, the date of the enactment of this section, ‘‘(2) concentrate on United States trading and progress is being made toward the elimi- and every 2 years thereafter, the Comptroller partners— nation of such practice; or General of the United States shall submit to ‘‘(A) that represent the largest trade def- ‘‘(B) identification of such practice as a the Committee on Finance of the Senate and icit in dollar value with the United States, priority foreign country trade practice would the Committee on Ways and Means of the excluding petroleum and petroleum prod- be contrary to the interests of United States House of Representatives a report assessing ucts; trade policy. the actions taken by the Trade Representa- tive to realize the trade enforcement prior- ‘‘(B) whose practices have the most nega- ‘‘(4) REASONS FOR DETERMINATION.—In the tive impact on maintaining and creating case of a determination made pursuant to ities identified in subsection (a)(1) and the United States jobs, wages, and productive ca- paragraph (3), the Trade Representative shall steps being taken to address the priority for- pacity; and set forth in detail the reasons for that deter- eign country trade practices identified in ‘‘(C) whose practices limit market access mination in the report required under sub- subsection (a)(3).’’. for United States goods and services; and section (a). (b) CONFORMING AMENDMENT.—The table of contents for the Trade Act of 1974 is amended ‘‘(3) take into account all relevant factors, ‘‘(5) REPORT TO BE PUBLICLY AVAILABLE.— including— The Trade Representative shall publish the by striking the item relating to section 310, ‘‘(A) the major barriers and trade dis- report required under subsection (a) in the and inserting the following new item: torting practices described in the most re- Federal Register. ‘‘Sec. 310. Identification of trade enforce- cent National Trade Estimate required under ‘‘(d) INVESTIGATION AND RESOLUTION.— ment priorities.’’. section 181(b); ‘‘(1) IN GENERAL.—Not later than 120 days ‘‘(B) the findings and practices described in after the report required under subsection (a) SA 3387. Mr. DODD submitted an the most recent report required under— is submitted, the Trade Representative shall amendment intended to be proposed to ‘‘(i) section 182; engage in negotiations with the country con- amendment SA 3336 proposed by Mr. ‘‘(ii) section 1377 of the Omnibus Trade and cerned in accordance with paragraph (2) or BAUCUS to the bill H.R. 4213, to amend Competitiveness Act of 1988 (19 U.S.C. 3106); (3), as the case may be, to resolve the prac- the Internal Revenue Code of 1986 to ‘‘(iii) section 3005 of the Omnibus Trade tices identified in the report. extend certain expiring provisions, and and Competitiveness Act of 1988 (22 U.S.C. ‘‘(2) ACTIONS WITH RESPECT TO PRACTICES OF 5305); and MEMBERS OF THE WORLD TRADE ORGANIZATION for other purposes; which was ordered ‘‘(iv) section 421 of the U.S.-China Rela- OR COUNTRIES WITH WHICH THE UNITED STATES to lie on the table; as follows: tions Act of 2000 (22 U.S.C. 6951); HAS A TRADE AGREEMENT IN EFFECT.—In the On page 73, line 18, before the comma in- ‘‘(C) the findings and practices described in case of any priority foreign country trade sert ‘‘and section 8 of the Temporary Exten- any other report addressing international practice identified under subsection (a) of a sion Act of 2010’’. trade and investment barriers prepared by country that is a member of the World Trade On page 73, line 21, after the second period the Trade Representative, the Department of Organization or a country with which the insert the following: ‘‘The amendment made

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BAUCUS to the bill H.R. 4213, to amend (d) DEFINITION OF JOBS CREATED AND JOBS (c) REQUIREMENT FOR REIMBURSEMENT.— the Internal Revenue Code of 1986 to RETAINED.—Section 1512(g) of the American The Secretary may not pay a reimbursement extend certain expiring provisions, and Recovery and Reinvestment Act of 2009 (Pub- under this section unless— lic Law 111–5; 123 Stat. 288) is amended by (1) the chief executive officer of the State for other purposes; which was ordered adding at the end ‘‘The Director of the Office to lie on the table; as follows: informs the Secretary, not later than the of Management and Budget shall issue guid- first day of the sales tax holiday period of At the appropriate place, insert the fol- ance to ensure accurate and consistent re- the intention of the State to qualify for such lowing: porting of ‘jobs created’ and ‘jobs retained’ reimbursement by not collecting sales tax SEC. lll. ENHANCED OVERSIGHT OF STATE as those terms are used in subsection payable during the sales tax holiday period, AND LOCAL ECONOMIC RECOVERY (c)(3)(D).’’. ACT. (2) in the case of a State which elects to re- (e) FEDERAL AWARDS UNDER THE AMERICAN ceive the reimbursement of a reconciliation (a) SHORT TITLE.—This section may be RECOVERY AND REINVESTMENT ACT OF 2009.— cited as the ‘‘Enhanced Oversight of State amount under subsection (b)(2)— Section 2 of the Federal Funding Account- (A) the chief executive officer of the State and Local Economic Recovery Act’’. ability and Transparency Act of 2006 (31 (b) REQUIREMENTS FOR FUNDING FOR STATE informs the Secretary and the Director of U.S.C. 6101 note; Public Law 109–282) is AND LOCAL OVERSIGHT UNDER AMERICAN RE- Management and Budget and the retail sell- amended— COVERY AND REINVESTMENT ACT OF 2009.— ers of tangible property in such State, not (1) in subsection (b)— (1) FEDERAL AGENCY REQUIREMENT.—Sec- later than the first day of the sales tax holi- tion 1552 of the American Recovery and Re- (A) by redesignating paragraphs (2), (3), day period of the intention of the State to investment Act of 2009 (Public Law 111–5; 123 and (4) as paragraphs (3), (4), and (5), respec- make such an election, Stat. 297) is amended— tively; and (B) the chief executive officer of the State (B) by inserting after paragraph (1) the fol- (A) by inserting ‘‘(a) FEDERAL AGENCY RE- informs the retail sellers of tangible prop- lowing: QUIREMENT.—’’ before ‘‘Federal agencies re- erty in such State, not later than the first ceiving’’; ‘‘(2) ADDITIONAL WEBSITE CONTENT.—Not day of the sales tax holiday period of the in- (B) by striking ‘‘may,’’ and all that follows later than 30 days after the date of enact- tention of the State to make such an elec- through ‘‘reasonably’’ and inserting ‘‘shall, ment of the Enhanced Oversight of State and tion and the additional information (if any) subject to guidance from the Director of the Local Economic Recovery Act, the Office of that will be required as an addendum to the Office of Management and Budget,’’; and Management and Budget shall ensure that standard reports required of such retail sell- (C) by striking ‘‘data collection require- the website under this subsection— ers with respect to the reporting periods in- ments’’ and inserting ‘‘data collection re- ‘‘(A) clearly differentiates between cluding the sales tax holiday period, quirements, auditing, contract and grant projects funded under the American Recov- (C) the chief executive officer reports to planning and management, and investiga- ery and Reinvestment Act of 2009 (Public the Secretary and the Director of Manage- tions of waste, fraud, and abuse’’. Law 111–5) and other Federal awards; and ment and Budget, not later than June 1, 2010, (2) STATE AND LOCAL GOVERNMENT AUTHOR- ‘‘(B) provides users with the ability to per- the amount determined under subsection ITY.—Section 1552 of that Act is further form searches for information in the website (b)(2) in a manner specified by the Secretary, amended by adding at the end the following: relating only to Federal awards funded by (D) if amount determined under subsection ‘‘(b) STATE AND LOCAL GOVERNMENT AU- the American Recovery and Reinvestment (b)(1)(A) and paid to such State exceeds the THORITY.—Notwithstanding any other provi- Act of 2009 (Public Law 111–5).’’; and amount determined under subsection sion of law, State and local governments re- (2) by adding after subsection (g) the fol- (b)(2)(A), the chief executive officer agrees to ceiving funds under this Act may set aside lowing: remit to the Secretary such excess not later ‘‘(h) WEBLINK.—The website Recovery.gov an amount up to 0.5 percent of such funds, in than July 1, 2010, and established under the American Recovery addition to any funds already allocated to (E) the chief executive officer of the State and Reinvestment Act of 2009 (Public Law administrative expenditures, to conduct certifies that such State— 111–5) shall contain a prominently displayed planning and oversight to prevent and detect (i) in the case of any retail seller unable to waste, fraud, and abuse.’’. weblink on its front page to the website identify and report sales which would other- (3) TECHNICAL AND CONFORMING AMEND- under this section.’’. wise be taxable during the sales tax holiday MENT.—The heading for section 1552 of that period, shall treat the reporting by such sell- Act is amended to read as follows: SA 3389. Mr. BURR proposed an amendment to amendment SA 3336 pro- er of sales revenue during such period, multi- ‘‘SEC. 1552. FUNDING FOR STATE AND LOCAL plied by the ratio of taxable sales to total GOVERNMENT OVERSIGHT.’’. posed by Mr. BAUCUS to the bill H.R. sales for the same period in 2010 as the sales (c) AUTHORIZATION FOR ACQUISITION BY 4213, to amend the Internal Revenue tax holiday period, as a good faith effort to STATE AND LOCAL GOVERNMENTS THROUGH Code of 1986 to extend certain expiring comply with the requirements under sub- FEDERAL SUPPLY SCHEDULES.—Section 502 of title 40, United States Code, is amended by provisions, and for other purposes; as paragraph (B), and adding at the end the following: follows: (ii) shall not treat any such retail seller of ‘‘(e) USE OF SUPPLY SCHEDULES FOR ECO- On page 268, between lines 11 and 12, insert tangible property who has made such a good NOMIC RECOVERY.— the following: faith effort liable for any error made as a re- ‘‘(1) IN GENERAL.—The Administrator may SEC. ll. STATE AND LOCAL SALES TAX RELIEF sult of such effort to comply unless it is provide for the use by State or local govern- FOR CONSUMERS. shown that the retailer acted recklessly or ments of Federal supply schedules of the (a) IN GENERAL.—The Secretary shall reim- fraudulently, General Services Administration for goods or burse each State for 75 percent of the (3) in the case of any home rule State, the services that are funded by the American Re- amount of State and local sales tax payable chief executive officer of such State certifies covery and Reinvestment Act of 2009 (Public and not collected during the sales tax holi- that all local governments that impose sales Law 111–5). day period. taxes in such State agree to provide a sales ‘‘(2) VOLUNTARY USE.—In the case of the (b) DETERMINATION AND TIMING OF REIM- tax holiday during the sales tax holiday pe- use by a State or local government of a Fed- BURSEMENT.— riod, eral supply schedule under paragraph (1), (1) PREDETERMINED AMOUNT.—Not later (4) the chief executive officer of the State participation by a firm that sells to the Fed- than 45 days after the date of the enactment agrees to pay each local government’s share eral Government through the supply sched- of this Act, the Secretary shall pay to each of the reimbursement (as determined under ule shall be voluntary with respect to a sale State an amount equal to the sum of— subsection (d)) not later than 20 days after to the State or local government through (A)(i) 75 percent of the amount of State receipt of such reimbursement, and such supply schedule. and local sales tax payable and collected in (5) in the case of not more than 20 percent ‘‘(3) PROVISIONS TO ENSURE PROPER USAGE such State during the same period in 2009 as of the States which elect to receive the reim- BY NON-FEDERAL USERS.—The Administrator the sales tax holiday period, times bursement of a reconciliation amount under shall, for authorized non-Federal users of (ii) an acceleration factor equal to 1.73, subsection (b)(2), the Director of Manage- Federal Supply Schedules— plus ment and Budget certifies the amount of the ‘‘(A) review the existing ordering guidance (B) an amount equal to 1 percent of the reimbursement required under subsection and, as necessary, prescribe additional guid- amount determined under subparagraph (A) (b)(2) based on the reports by the chief execu- ance to ensure proper usage and to maximize for State administrative costs. tive officers of such States under paragraph task and delivery order competition; (2) RECONCILIATION AMOUNT.—Not later (2)(C). ‘‘(B) make available the online electronic than July 1, 2010, the Secretary shall pay to (d) DETERMINATION OF REIMBURSEMENT OF Request for Quote (RFQ)/Request for Pro- each electing State under subsection (c)(2) LOCAL SALES TAXES.—For purposes of sub- posal (RFP) system; and an amount equal to the excess (if any) of— section (c)(4), a local government’s share of

VerDate Nov 24 2008 04:43 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.112 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1105 the reimbursement to a State under this sec- SEC. ll. EXTENSION AND MODIFICATION OF (D) by striking subparagraph (C) and in- tion shall be based on the ratio of the local CERTAIN ECONOMIC RECOVERY serting the following: sales tax to the State sales tax for such PAYMENTS. ‘‘(C) in the case of an individual entitled to State for the same time period taken into (a) SHORT TITLE.—This section may be a benefit specified in paragraph (1)(C) if— account in determining such reimbursement, cited as the ‘‘Emergency Senior Citizens Re- ‘‘(i) for the most recent month of such in- based on data published by the Bureau of the lief Act of 2010’’. dividual’s eligibility in the applicable 3- Census. (b) EXTENSION AND MODIFICATION OF PAY- month period described in paragraph (1); or ‘‘(ii) for any month thereafter which is be- (e) DEFINITIONS.—For purposes of this sec- MENTS.—Section 2201 of the American Recov- tion— ery and Reinvestment Tax Act of 2009 is fore the month after the month of the pay- ment; (1) HOME RULE STATE.—The term ‘‘home amended— rule State’’ means a State that does not con- (1) in subsection (a)(1)(A)— such individual’s benefit under such para- trol imposition and administration of local (A) by inserting ‘‘for each of calendar years graph was not payable by reason of sub- taxes. 2009 and 2010’’ after ‘‘shall disburse’’, section (e)(1)(A) or (e)(4) of section 1611 (42 (2) LOCAL.—The term ‘‘local’’ means a city, (B) by inserting ‘‘(for purposes of payments U.S.C. 1382) or section 1129A of such Act (42 county, or other subordinate revenue or tax- made for calendar year 2009), or the 3-month U.S.C. 1320a-8a); or’’, ing authority within a State. period ending with the month which ends (E) by striking subparagraph (D) and in- (3) SALES TAX.—The term ‘‘sales tax’’ prior to the month that includes the date of serting the following: means— the enactment of the Emergency Senior Citi- ‘‘(D) in the case of any individual whose (A) a tax imposed on or measured by gen- zens Relief Act of 2010 (for purposes of pay- date of death occurs— eral retail sales of taxable tangible property, ments made for calendar year 2010)’’ after ‘‘(i) before the date of the receipt of the or services performed incidental to the sale ‘‘the date of the enactment of this Act’’, and payment; or of taxable tangible property, that is— (C) by adding at the end the following new ‘‘(ii) in the case of a direct deposit, before (i) calculated as a percentage of the price, sentence: ‘‘In the case of an individual who is the date on which such payment is deposited gross receipts, or gross proceeds, and eligible for a payment under the preceding into such individual’s account.’’, (ii) can or is required to be directly col- sentence by reason of entitlement to a ben- (F) by adding at the end the following flush lected by retail sellers from purchasers of efit described in subparagraph (B)(i), no such sentence: such property, payment shall be made to such individual for ‘‘In the case of any individual whose date of (B) a use tax, or calendar year 2010 unless such individual was death occurs before a payment is negotiated (C) the Illinois Retailers’ Occupation Tax, paid a benefit described in such subpara- (in the case of a check) or deposited (in the as defined under the law of the State of Illi- graph (B)(i) for any month in the 12-month case of a direct deposit), such payment shall nois, but excludes any tax payable with re- period ending with the month which ends not be due and shall not be reissued to the spect to food and beverages sold for imme- prior to the month that includes the date of estate of such individual or to any other per- diate consumption on the premises, bev- the enactment of the Emergency Senior Citi- son.’’, and erages containing alcohol, and tobacco prod- zens Relief Act of 2010.’’, (G) by adding at the end, as amended by ucts. (2) in subsection (a)(1)(B)(iii), by inserting subparagraph (F), the following new sen- (4) SALES TAX HOLIDAY PERIOD.—The term ‘‘(for purposes of payments made under this tence: ‘‘Subparagraphs (A)(ii) and (C)(ii) ‘‘sales tax holiday period’’ means the pe- paragraph for calendar year 2009), or the 3- shall apply only in the case of certifications riod— month period ending with the month which under subsection (b) which are, or but for (A) beginning on the first Friday which is ends prior to the month that includes the this paragraph would be, made after the date 30 days after the date of the enactment of date of the enactment of the Emergency Sen- of the enactment of Emergency Senior Citi- this Act, and ior Citizens Relief Act of 2010 (for purposes of zens Relief Act of 2010, and shall apply to (B) ending on the date which is 10 days payments made under this paragraph for cal- such certifications without regard to the cal- after the date described in subparagraph (A). endar year 2010)’’ before the period at the endar year of the payments to which such (5) SECRETARY.—The term ‘‘Secretary’’ end, certifications apply.’’. means the Secretary of the Treasury. (3) in subsection (a)(2)— (6) in subsection (a)(5)— (6) STATE.—The term ‘‘State’’ means any of (A) by inserting ‘‘, or who are utilizing a (A) by inserting ‘‘, in the case of payments the several States, the District of Columbia, foreign or domestic Army Post Office, Fleet for calendar year 2009, and no later than 120 or the Commonwealth of Puerto Rico. Post Office, or Diplomatic Post Office ad- days after the date of the enactment of the (7) USE TAX.—The term ‘‘use tax’’ means a dress’’ after ‘‘Northern Mariana Islands’’, Emergency Senior Citizens Relief Act of 2010, tax imposed on the storage, use, or other and in the case of payments for calendar year consumption of tangible property that is not (B) by striking ‘‘current address of record’’ 2010’’ before the period at the end of the first subject to sales tax. and inserting ‘‘address of record, as of the sentence of subparagraph (A), and date of certification under subsection (b) for (B) by striking subparagraph (B) and in- SEC. lll. RESCISSION OF DISCRETIONARY a payment under this section’’, serting the following: AMOUNTS APPROPRIATED BY THE (4) in subsection (a)(3)— ‘‘(B) DEADLINE.—No payment for calendar AMERICAN RECOVERY AND REIN- (A) by inserting ‘‘per calendar year (deter- VESTMENT ACT OF 2009. year 2009 shall be disbursed under this sec- mined with respect to the calendar year for tion after December 31, 2010, and no payment (a) IN GENERAL.—All discretionary which the payment is made, and without re- for calendar year 2010 shall be disbursed amounts made available by the American gard to the date such payment is actually under this section after December 31, 2011, Recovery and Reinvestment Act of 2009 (123 paid to such individual)’’ after ‘‘only 1 pay- regardless of any determinations of entitle- Stat. 115; Public Law No: 111-5) that are un- ment under this section’’, and ment to, or eligibility for, such payment obligated on the date of the enactment of (B) by inserting ‘‘FOR THE SAME YEAR’’ after made after whichever of such dates is appli- this Act are hereby rescinded. ‘‘PAYMENTS’’ in the heading thereof, cable to such payment.’’, (b) ADMINISTRATION.—Not later than 30 (5) in subsection (a)(4)— (7) in subsection (b), by inserting ‘‘(except days after the date of the enactment of this (A) by inserting ‘‘(or, in the case of sub- that such certification shall be affected by a Act, the Director of the Office of Manage- paragraph (D), shall not be due)’’ after determination that an individual is an indi- ment and Budget shall— ‘‘made’’ in the matter preceding subpara- vidual described in subparagraph (A), (B), (1) administer the reduction specified in graph (A), (C), or (D) of subsection (a)(4) during a period subsection (a); and (B) by striking subparagraph (A) and in- described in such subparagraphs), and no in- (2) submit to the Committee on Appropria- serting the following: dividual shall be certified to receive a pay- tions of the Senate and the Committee on ‘‘(A) in the case of an individual entitled to ment under this section for a calendar year Appropriations of the House of Representa- a benefit specified in paragraph (1)(B)(i) or if such individual has at any time been de- tives a report specifying the account and the paragraph (1)(B)(ii)(VIII) if— nied certification for such a payment for amount of each reduction made pursuant to ‘‘(i) for the most recent month of such in- such calendar year by reason of subpara- subsection (a). dividual’s entitlement in the applicable 3- graph (A)(ii) or (C)(ii) of subsection (a)(4) month period described in paragraph (1); or (unless such individual is subsequently de- ‘‘(ii) for any month thereafter which is be- termined not to have been an individual de- SA 3390. Mr. BURR proposed an fore the month after the month of the pay- scribed in either such subparagraph at the amendment to amendment SA 3336 pro- ment; time of such denial)’’ before the period at the posed by Mr. BAUCUS to the bill H.R. such individual’s benefit under such para- end of the last sentence, 4213, to amend the Internal Revenue graph was not payable by reason of sub- (8) in subsection (c), by striking paragraph Code of 1986 to extend certain expiring section (x) or (y) of section 202 of the Social (4) and inserting the following: provisions, and for other purposes; as Security Act (42 U.S.C. 402) or section 1129A ‘‘(4) PAYMENTS SUBJECT TO OFFSET AND REC- follows: of such Act (42 U.S.C. 1320a-8a);’’, LAMATION.—Notwithstanding paragraph (3), (C) in subparagraph (B), by striking ‘‘3 any payment made under this section— On page 268, between lines 11 and 12, insert month period’’ and inserting ‘‘applicable 3- ‘‘(A) shall, in the case of a payment by di- the following: month period’’, rect deposit which is made after the date of

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.116 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1106 CONGRESSIONAL RECORD — SENATE March 3, 2010 the enactment of the Emergency Senior Citi- SA 3391. Mr. BROWN of Massachu- (d) TRANSFER OF STIMULUS FUNDS.—Not- zens Relief Act of 2010, be subject to the rec- setts proposed an amendment to withstanding section 5 of the American Re- lamation provisions under subpart B of part amendment SA 3336 proposed by Mr. covery and Reinvestment Act of 2009 (Pub. 210 of title 31, Code of Federal Regulations Law 111-5), from the amounts appropriated BAUCUS to the bill H.R. 4213, to amend (relating to reclamation of benefit pay- or made available and remaining unobligated ments); and the Internal Revenue Code of 1986 to under such Act, the Director of the Office of ‘‘(B) shall not, for purposes of section 3716 extend certain expiring provisions, and Management and Budget shall transfer from of title 31, United States Code, be considered for other purposes; as follows: time to time to the general fund of the a benefit payment or cash benefit made At the end of title I, add the following: Treasury an amount equal to the sum of the under the applicable program described in SEC. 103. EMPLOYEE PAYROLL TAX RATE CUT. amount of any net reduction in revenues re- subparagraph (B) or (C) of subsection (a)(1), (a) IN GENERAL.—For the 6-calendar-month sulting from the amendments made by this and all amounts paid shall be subject to off- period beginning after the date which is 60 section. set under such section 3716 to collect delin- days after the date of the enactment of this quent debts.’’, Act, the Secretary of the Treasury shall re- SA 3393. Mr. BEGICH submitted an (9) in subsection (e)— duce the rate of tax under section 3101(a) of amendment intended to be proposed to (A) by striking ‘‘2011’’ and inserting ‘‘2012’’, the Internal Revenue Code of 1986 and 50 per- amendment SA 3336 proposed by Mr. (B) by inserting ‘‘section lll(c) of the cent of the rate of tax under section 1401(a) BAUCUS to the bill H.R. 4213, to amend Emergency Senior Citizens Relief Act of of such Code by such percentage such that the Internal Revenue Code of 1986 to 2010,’’ after ‘‘section 2202,’’ in paragraph (1), the resulting reduction in revenues to the extend certain expiring provisions, and and Federal Old-Age and Survivors Insurance for other purposes; which was ordered (C) by adding at the following new para- Trust Fund is equal to 90 percent of the to lie on the table; as follows: graph: amounts appropriated or made available and On page 12, between lines 19 and 20, insert ‘‘(5)(A) For the Secretary of the Treasury, remaining unobligated under division A of the following: an additional $5,200,000 for purposes de- the American Recovery and Reinvestment SEC. lll. ENCOURAGEMENT OF CONTRIBU- scribed in paragraph (1). Act of 2009 (Pub. Law 111-5) (other than ‘‘(B) For the Commissioner of Social Secu- TIONS OF CAPITAL GAIN REAL under title X of such division A) as of the PROPERTY MADE FOR CONSERVA- rity, an additional $5,000,000 for the purposes date of the enactment of this Act. TION PURPOSES BY NATIVE COR- described in paragraph (2)(B). (b) TRANSFERS TO FEDERAL OLD-AGE AND PORATIONS. ‘‘(C) For the Railroad Retirement Board, SURVIVORS INSURANCE TRUST FUND.—There (a) IN GENERAL.—Paragraph (2) of section an additional $600,000 for the purposes de- are appropriated to the Federal Old-Age and 170(b) of the Internal Revenue Code of 1986 is scribed in paragraph (3)(B). Survivors Trust Fund and the Federal Dis- amended by redesignating subparagraph (C) ‘‘(D) For the Secretary of Veterans Affairs, ability Insurance Trust Fund established as subparagraph (D), and by inserting after an additional $625,000 for the Information under section 201 of the Social Security Act subparagraph (B) the following new subpara- Systems Technology account’’. (42 U.S.C. 401) amounts equal to the reduc- graph: (c) EXTENSION OF SPECIAL CREDIT FOR CER- tion in revenues to the Treasury by reason of ‘‘(C) QUALIFIED CONSERVATION CONTRIBU- TAIN GOVERNMENT RETIREES.— the application of subsection (a). Amounts TIONS BY CERTAIN NATIVE CORPORATIONS.— (1) IN GENERAL.—In the case of an eligible appropriated by the preceding sentence shall ‘‘(i) IN GENERAL.—Any qualified conserva- individual (as defined in section 2202(b) of be transferred from the general fund at such tion contribution (as defined in subsection the American Recovery and Reinvestment times and in such manner as to replicate to (h)(1)) which— Tax Act of 2009, applied by substituting the extent possible the transfers which ‘‘(I) is made by a Native Corporation, and ‘‘2010’’ for ‘‘2009’’), with respect to the first would have occurred to such Trust Fund had ‘‘(II) is a contribution of property which taxable year of such individual beginning in such amendment not been enacted. was land conveyed under the Alaska Native 2010, section 2202 of the American Recovery (c) RESCISSION OF CERTAIN STIMULUS Claims Settlement Act, and Reinvestment Tax Act of 2009 shall be FUNDS.—Notwithstanding section 5 of the shall be allowed to the extent that the aggre- applied by substituting ‘‘2010’’ for ‘‘2009’’ American Recovery and Reinvestment Act of gate amount of such contributions does not each place it appears. 2009 (Public Law 111–5; 123 Stat. 116), from exceed the excess of the taxpayer’s taxable (2) CONFORMING AMENDMENT.—Subsection the amounts appropriated or made available income over the amount of charitable con- (c) of section 36A of the Internal Revenue under division A of such Act (other than tributions allowable under subparagraph (A). Code of 1986 is amended by inserting ‘‘, and under title X of such division A), there is re- IMITATION.—This subparagraph shall any credit allowed to the taxpayer under sec- ‘‘(ii) L scinded 100 percent of the remaining unobli- not apply to any contribution of property de- tion lll(c)(1) of the Emergency Senior gated amounts as of the date of the enact- Citizens Relief Act of 2010’’ after ‘‘the Amer- scribed in clause (i)(II) which, by itself or ment of this Act. The Director of the Office ican Recovery and Reinvestment Tax Act of when aggregated to any other property to of Management and Budget shall report to 2009’’. which this subparagraph applies, is a con- each congressional committee the amounts (d) EFFECTIVE DATE.— tribution of more than 10 percent of the land so rescinded within the jurisdiction of such (1) IN GENERAL.—Except as otherwise pro- conveyed to the Native Corporation de- vided in this subsection, the amendments committee. scribed in clause (i)(I) under the Alaska Na- (d) EMERGENCY DESIGNATION.—This section made by this section shall take effect on the tive Claims Settlement Act. is designated as an emergency requirement date of the enactment of this Act. ‘‘(iii) CARRYOVER.—If the aggregate pursuant to section 4(g) of the Statutory (2) APPLICATION OF RULE RELATING TO DE- amount of contributions described in clause Pay-As-You-Go Act of 2010 (Public Law 111- CEASED INDIVIDUALS.—The amendment made (i) exceeds the limitation of clause (i), such by subsection (a)(5)(F) shall take effect as if 139; 2 U.S.C. 933(g)) and section 403(a) of S. excess shall be treated (in a manner con- included in section 2201 of the American Re- Con. Res. 13 (111th Congress), the concurrent sistent with the rules of subsection (d)(2)) as covery and Reinvestment Tax Act of 2009. resolution on the budget for fiscal year 2010. a charitable contribution to which clause (i) (e) EMERGENCY DESIGNATION.—This section In the House of Representatives, this section applies in each of the 15 succeeding years in is designated as an emergency requirement is designated as an emergency for purposes order of time. pursuant to section 4(g) of the Statutory of pay-as-you-go principles. ‘‘(iv) DEFINITION.—For purposes of this sub- Pay-As-You-Go Act of 2010 (P.L. 111-139), and paragraph, the term ‘Native Corporation’ has designated as an emergency requirement and SA 3392. Mr. MCCAIN submitted an the meaning given such term by section 3(m) necessary to meet emergency needs pursuant amendment intended to be proposed to of the Alaska Native Claims Settlement Act. to section 403(a) of S. Con. Res. 13 (111th Con- amendment SA 3336 proposed by Mr. ‘‘(v) TERMINATION.—This subparagraph gress), the concurrent resolution on the BAUCUS to the bill H.R. 4213, to amend shall not apply to any contribution in any budget for fiscal year 2010. the Internal Revenue Code of 1986 to taxable year beginning after December 31, (f) USE OF STIMULUS FUNDS TO OFFSET extend certain expiring provisions, and 2010.’’. SPENDING.—The unobligated balance of each for other purposes; which was ordered (b) CONFORMING AMENDMENT.—Section amount appropriated or made available 170(b)(2)(A) of such Code is amended by strik- under the American Recovery and Reinvest- to lie on the table; as follows: ing ‘‘subparagraph (B) applies’’ and inserting ment Act of 2009 (Public Law 111–5) (other On page 16, strike lines 7 through 16 and in- ‘‘subparagraphs (B) or (C) apply’’. than under title X of division A of such Act) sert the following: (c) EFFECTIVE DATE.—The amendments is rescinded pro rata such that the aggregate SEC. 131. PERMANENT EXTENSION OF RESEARCH made by this section shall apply to contribu- amount of such rescissions equals CREDIT. tions made after the date of the enactment $14,361,000,000 in order to offset the net in- (a) IN GENERAL.—Section 41 is amended by of this Act. crease in spending resulting from the provi- striking subsection (h). (d) RULE OF CONSTRUCTION.—Nothing in sions of, and amendments made by, sub- (b) CONFORMING AMENDMENT.—Paragraph this section or the amendments made by this sections (b) and (c) of this section. The Di- (1) of section 45C(b) is amended by striking section shall be construed to modify any ex- rector of the Office of Management and subparagraph (D). isting property rights conveyed to Native Budget shall report to each congressional (c) EFFECTIVE DATE.—The amendments Corporations (withing the meaning of sec- committee the amounts so rescinded within made by this section shall apply to amounts tion 3(m) of the Alaska Native Claims Set- the jurisdiction of such committee. paid or incurred after December 31, 2009. tlement Act) under such Act.

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.110 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1107 SA 3394. Mrs. LINCOLN submitted an applied by increasing the following by the ‘‘(C) TOTAL PRODUCTION GROSS RECEIPTS.— amendment intended to be proposed to bonus amount: The term ‘total production gross receipts’ amendment SA 3336 proposed by Mr. ‘‘(A) The 20 percent amount under sub- means the gross receipts of the taxpayer section (a)(1). BAUCUS to the bill H.R. 4213, to amend which are described in section 199(c)(4), de- ‘‘(B) The 20 percent amount under sub- termined— the Internal Revenue Code of 1986 to section (a)(2). extend certain expiring provisions, and ‘‘(i) without regard to whether property de- ‘‘(C) The 20 percent amount under sub- scribed in subparagraph (A)(i)(I) or (A)(i)(III) for other purposes; which was ordered section (a)(3). thereof was manufactured, produced, grown, ‘‘(D) The 14 percent amount under sub- to lie on the table; as follows: or extracted in the United States, section (c)(5)(A). On page 268, between lines 11 and 12, insert ‘‘(ii) by substituting ‘any property de- ‘‘(2) QUALIFIED DOMESTIC MANUFACTURER.— the following: For purposes of this subsection— scribed in section 168(f)(3)’ for ‘any qualified SEC. ll. ENHANCED RESEARCH CREDIT FOR ‘‘(A) IN GENERAL.—The term ‘qualified do- film’ in subparagraph (A)(i)(II) thereof, and DOMESTIC MANUFACTURERS. mestic manufacturer’ means a taxpayer who ‘‘(iii) without regard to whether any con- (a) IN GENERAL.—Section 41 of the Internal has domestic production gross receipts which struction described in subparagraph (A)(ii) Revenue Code of 1986 is amended by adding are more than 50 percent of total production thereof or services described in subparagraph at the end the following new subsection: gross receipts. (A)(iii) thereof were performed in the United ‘‘(i) ENHANCED CREDIT FOR DOMESTIC MANU- ‘‘(B) DOMESTIC PRODUCTION GROSS RE- States. FACTURERS.— CEIPTS.—The term ‘domestic production ‘‘(3) BONUS AMOUNT.—For purposes of para- ‘‘(1) IN GENERAL.—In the case of a qualified gross receipts’ has the meaning given to such graph (1), the bonus amount shall be deter- domestic manufacturer, this section shall be term under section 199(c)(4). mined as follows:

‘‘If the percentage of total production gross receipts which are domestic production gross receipts is: The bonus amount is: More than 50 percent and not more than 60 percent ...... 2 percentage points More than 60 percent and not more than 70 percent ...... 4 percentage points More than 70 percent and not more than 80 percent ...... 6 percentage points More than 80 percent and not more than 90 percent ...... 8 percentage points More than 90 percent ...... 10 percentage points.’’. (b) EFFECTIVE DATE.—The amendment (c) SPECIALTY CROP ASSISTANCE.— (A) use grant funds to assist eligible spe- made by this section shall apply to expendi- (1) DEFINITIONS.—In this subsection: cialty crop producers for losses due to a tures paid or incurred in taxable years begin- (A) DISASTER COUNTY.— qualifying natural disaster; ning after the date of the enactment of this (i) IN GENERAL.—The term ‘‘disaster coun- (B) provide assistance to eligible specialty Act. ty’’ means a county included in the geo- crop producers not later than 90 days after graphic area covered by a qualifying natural the date on which the State receives grant SA 3395. Mrs. LINCOLN (for herself, disaster declaration for the 2009 or 2010 crop funds; and Ms. SNOWE, Ms. COLLINS, Ms. year. (C) not later than 60 days after the date on STABENOW, Mr. CRAPO, Mr. CORNYN, Ms. (ii) EXCLUSION.—The term ‘‘disaster coun- which the State provides assistance to eligi- CANTWELL, Ms. KLOBUCHAR, Mrs. MUR- ty’’ does not include a contiguous county. ble specialty crop producers, submit to the RAY, Mr. ROBERTS, and Mr. VITTER) (B) ELIGIBLE SPECIALTY CROP PRODUCER.— Secretary a report that describes— submitted an amendment intended to The term ‘‘eligible specialty crop producer’’ (i) the manner in which the State provided assistance; be proposed to amendment SA 3336 pro- means an agricultural producer that, for the 2009 or 2010 crop year, or both, as determined (ii) the amounts of assistance provided by posed by Mr. BAUCUS to the bill H.R. by the Secretary— type of specialty crop; and 4213, to amend the Internal Revenue (i) produced, or was prevented from plant- (iii) the process by which the State deter- Code of 1986 to extend certain expiring ing, a specialty crop; and mined the levels of assistance to eligible spe- provisions, and for other purposes; (ii) experienced crop losses in a disaster cialty crop producers. which was ordered to lie on the table; county due to excessive rainfall, freeze, (6) RELATION TO OTHER LAW.—Assistance re- as follows: drought, or a related condition. ceived under this subsection shall be in- cluded in the calculation of farm revenue for On page 8, between lines 14 and 15, insert (2) ASSISTANCE.—Of the funds of the Com- the 2009 and 2010 crop year (as applicable) the following: modity Credit Corporation, the Secretary shall use not more than $500,000,000, to re- under section 531(b)(4)(A) of the Federal Crop SEC. ll. MODIFICATION OF RENEWABLE ELEC- Insurance Act (7 U.S.C. 1531(b)(4)(A)) and sec- TRICITY PRODUCTION CREDIT FOR main available until September 30, 2011, to BIOMASS FACILITIES. carry out a program of grants to States to tion 901(b)(4)(A) of the Trade Act of 1974 (19 (a) CREDIT ALLOWED FOR ON-SITE USE OF assist eligible specialty crop producers for U.S.C. 2497(b)(4)(A)). ELECTRICITY PRODUCED FROM BIOMASS.—Sub- losses due to excessive rainfall, freeze, section (e) of section 45 is amended by adding drought, and related conditions affecting the SA 3397. Mr. ROCKEFELLER (for at the end the following new paragraph: 2009 or 2010 crop, or both. himself and Mr. GRASSLEY) submitted ‘‘(12) CREDIT ALLOWED FOR ELECTRICITY PRO- (3) NOTIFICATION.—Not later than 60 days an amendment intended to be proposed DUCED FROM BIOMASS FOR ON-SITE USE.—In the after the date of enactment of this Act, the to amendment SA 3336 proposed by Mr. case of electricity produced after the date of Secretary shall notify the State department BAUCUS to the bill H.R. 4213, to amend the enactment of this paragraph at any facil- of agriculture (or similar entity) in each the Internal Revenue Code of 1986 to ity described in paragraph (2) or (3) of sub- State of the availability of funds to assist el- extend certain expiring provisions, and section (d) which is equipped with a metering igible specialty crop producers, including device to determine electricity consumption such terms as are determined by the Sec- for other purposes; which was ordered or sale, subsection (a)(2) shall be applied retary to be necessary for the equitable to lie on the table; as follows: without regard to subparagraph (B) thereof treatment of eligible specialty crop pro- At the end of subtitle A of title I, insert with respect to such electricity produced and ducers. the following: consumed at such facility.’’. (4) PROVISION OF GRANTS.— SEC. —. MODIFICATION OF STANDARDS FOR WIN- (b) EFFECTIVE DATE.—The amendment (A) IN GENERAL.—The Secretary shall make DOWS, DOORS, AND SKYLIGHTS made by this subsection shall apply to elec- grants to States for disaster counties with WITH RESPECT TO THE CREDIT FOR tricity produced after the date of the enact- excessive rainfall, freeze, drought, and re- NONBUSINESS ENERGY PROPERTY. ment of this Act. lated conditions on a pro rata basis based on (a) IN GENERAL.—Paragraph (4) of section the value of specialty crop losses in those 25C(c) of the Internal Revenue Code of 1986 is SA 3396. Mr. NELSON of Florida sub- counties during the 2009 and 2010 calendar amended by striking ‘‘unless’’ and all that mitted an amendment intended to be years, as determined by the Secretary. follows and inserting ‘‘unless— proposed to amendment SA 3336 pro- (B) TIMING.—Not later than 120 days after ‘‘(A) in the case of any component placed posed by Mr. BAUCUS to the bill H.R. the date of enactment of this Act, the Sec- in service after the date which is 90 days 4213, to amend the Internal Revenue retary shall make grants to States to pro- after the date of the enactment of the Amer- Code of 1986 to extend certain expiring vide assistance under this subsection. ican Workers, State, and Business Relief Act (C) MAXIMUM GRANT.—The maximum of 2010, such component meets the criteria provisions, and for other purposes; amount of a grant made to a State under for such components established by the 2010 which was ordered to lie on the table; this subsection may not exceed $100,000,000. Energy Star Program Requirements for Resi- as follows: (5) REQUIREMENTS.—The Secretary shall dential Windows, Doors, and Skylights, Beginning on page 77, strike line 24 and all make grants under this subsection only to Version 5.0 (or any subsequent version of that follows through page 80, line 10, and in- States that demonstrate to the satisfaction such requirements which is in effect after sert the following: of the Secretary that the State will— January 4, 2010),

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Relief Act of 2010 and on or before the date State, the issuer is deemed to be doing busi- ‘‘(C) Failing to adopt and implement rea- which is 90 days after such date, such compo- ness in that State. sonable standards for the prompt investiga- nent meets the criteria described in subpara- ‘‘(2) SECONDARY STATE.—The term ‘sec- tion and settlement of claims arising under graph (A) or is equal to or below a U factor ondary State’ means, with respect to indi- policies. of 0.30 and SHGC of 0.30, and vidual health insurance coverage offered by ‘‘(D) Failing to effectuate prompt, fair, and ‘‘(C) in the case of any component which is a health insurance issuer, any State that is equitable settlement of claims submitted in a garage door, such component is equal to or not the primary State. In the case of a which liability has become reasonably clear. below a U factor of 0.30 and SHGC of 0.30.’’. health insurance issuer that is selling a pol- ‘‘(E) Refusing to pay claims without con- (b) EFFECTIVE DATE.—The amendment icy in, or to a resident of, a secondary State, ducting a reasonable investigation. made by this section shall apply to property the issuer is deemed to be doing business in ‘‘(F) Failing to affirm or deny coverage of placed in service after the date of the enact- that secondary State. claims within a reasonable period of time ment of this Act. ‘‘(3) HEALTH INSURANCE ISSUER.—The term after having completed an investigation re- ‘health insurance issuer’ has the meaning lated to those claims. SA 3398. Mr. DEMINT submitted an given such term in section 2791(b)(2), except ‘‘(G) A pattern or practice of compelling amendment intended to be proposed to that such an issuer must be licensed in the insured individuals or their beneficiaries to amendment SA 3336 proposed by Mr. primary State and be qualified to sell indi- institute suits to recover amounts due under vidual health insurance coverage in that its policies by offering substantially less BAUCUS to the bill H.R. 4213, to amend State. than the amounts ultimately recovered in the Internal Revenue Code of 1986 to ‘‘(4) INDIVIDUAL HEALTH INSURANCE COV- suits brought by them. extend certain expiring provisions, and ERAGE.—The term ‘individual health insur- ‘‘(H) A pattern or practice of attempting to for other purposes; which was ordered ance coverage’ means health insurance cov- settle or settling claims for less than the to lie on the table; as follows: erage offered in the individual market, as de- amount that a reasonable person would be- After section 431, insert the following: fined in section 2791(e)(1). lieve the insured individual or the individ- ‘‘(5) APPLICABLE STATE AUTHORITY.—The ual’s beneficiary was entitled by reference to Subtitle E—Cooperative Governing of term ‘applicable State authority’ means, written or printed advertising material ac- Individual Health Insurance Coverage with respect to a health insurance issuer in companying or made part of an application. SEC. 441. SHORT TITLE. a State, the State insurance commissioner ‘‘(I) Attempting to settle or settling claims This subtitle may be cited as the ‘‘Health or official or officials designated by the on the basis of an application that was mate- Care Choice Act of 2010’’. State to enforce the requirements of this rially altered without notice to, or knowl- SEC. 442. SPECIFICATION OF CONSTITUTIONAL title for the State with respect to the issuer. edge or consent of, the insured. AUTHORITY FOR ENACTMENT OF ‘‘(6) HAZARDOUS FINANCIAL CONDITION.—The ‘‘(J) Failing to provide forms necessary to LAW. term ‘hazardous financial condition’ means present claims within 15 calendar days of a This subtitle is enacted pursuant to the that, based on its present or reasonably an- requests with reasonable explanations re- power granted Congress under article I, sec- ticipated financial condition, a health insur- garding their use. tion 8, clause 3, of the United States Con- ance issuer is unlikely to be able— ‘‘(K) Attempting to cancel a policy in less stitution. ‘‘(A) to meet obligations to policyholders time than that prescribed in the policy or by SEC. 443. FINDINGS. with respect to known claims and reasonably the law of the primary State. Congress finds the following: anticipated claims; or ‘‘(10) FRAUD AND ABUSE.—The term ‘fraud (1) The application of numerous and sig- ‘‘(B) to pay other obligations in the normal and abuse’ means an act or omission com- nificant variations in State law impacts the course of business. mitted by a person who, knowingly and with ability of insurers to offer, and individuals to ‘‘(7) COVERED LAWS.— intent to defraud, commits, or conceals any obtain, affordable individual health insur- ‘‘(A) IN GENERAL.—The term ‘covered laws’ material information concerning, one or ance coverage, thereby impeding commerce means the laws, rules, regulations, agree- more of the following: in individual health insurance coverage. ments, and orders governing the insurance ‘‘(A) Presenting, causing to be presented, (2) Individual health insurance coverage is business pertaining to— or preparing with knowledge or belief that it increasingly offered through the Internet, ‘‘(i) individual health insurance coverage will be presented to or by an insurer, a rein- other electronic means, and by mail, all of issued by a health insurance issuer; surer, broker, or its agent, false information which are inherently part of interstate com- ‘‘(ii) the offer, sale, rating (including med- as part of, in support of, or concerning a fact merce. ical underwriting), renewal, and issuance of material to one or more of the following: (3) In response to these issues, it is appro- individual health insurance coverage to an ‘‘(i) An application for the issuance or re- priate to encourage increased efficiency in individual; newal of an insurance policy or reinsurance the offering of individual health insurance ‘‘(iii) the provision to an individual in rela- contract. tion to individual health insurance coverage ‘‘(ii) The rating of an insurance policy or coverage through a collaborative approach of health care and insurance related services; reinsurance contract. by the States in regulating this coverage. ‘‘(iv) the provision to an individual in rela- ‘‘(iii) A claim for payment or benefit pur- (4) The establishment of risk-retention tion to individual health insurance coverage suant to an insurance policy or reinsurance groups has provided a successful model for of management, operations, and investment contract. the sale of insurance across State lines, as activities of a health insurance issuer; and ‘‘(iv) Premiums paid on an insurance pol- the acts establishing those groups allow in- ‘‘(v) the provision to an individual in rela- icy or reinsurance contract. surance to be sold in multiple States but reg- tion to individual health insurance coverage ‘‘(v) Payments made in accordance with ulated by a single State. of loss control and claims administration for the terms of an insurance policy or reinsur- SEC. 444. COOPERATIVE GOVERNING OF INDI- a health insurance issuer with respect to li- ance contract. VIDUAL HEALTH INSURANCE COV- ERAGE. ability for which the issuer provides insur- ‘‘(vi) A document filed with the commis- ance. sioner or the chief insurance regulatory offi- (a) IN GENERAL.—Title XXVII of the Public ‘‘(B) EXCEPTION.—Such term does not in- cial of another jurisdiction. Health Service Act (42 U.S.C. 300gg et seq.) is clude any law, rule, regulation, agreement, ‘‘(vii) The financial condition of an insurer amended by adding at the end the following: or order governing the use of care or cost or reinsurer. ‘‘PART D—COOPERATIVE GOVERNING OF management techniques, including any re- ‘‘(viii) The formation, acquisition, merger, INDIVIDUAL HEALTH INSURANCE COV- quirement related to provider contracting, reconsolidation, dissolution, or withdrawal ERAGE network access or adequacy, health care from one or more lines of insurance or rein- ‘‘SEC. 2795. DEFINITIONS. data collection, or quality assurance. surance in all or part of a State by an in- ‘‘In this part: ‘‘(8) STATE.—The term ‘State’ means the 50 surer or reinsurer. ‘‘(1) PRIMARY STATE.—The term ‘primary States and includes the District of Columbia, ‘‘(ix) The issuance of written evidence of State’ means, with respect to individual the Commonwealth of Puerto Rico, the Vir- insurance. health insurance coverage offered by a gin Islands, Guam, American Samoa, and the ‘‘(x) The reinstatement of an insurance health insurance issuer, the State designated Commonwealth of the Northern Mariana Is- policy. by the issuer as the State whose covered lands. ‘‘(B) Solicitation or acceptance of new or laws shall govern the health insurance issuer ‘‘(9) UNFAIR CLAIMS SETTLEMENT PRAC- renewal insurance risks on behalf of an in- in the sale of such coverage under this part. TICES.—The term ‘unfair claims settlement surer, reinsurer, or other person engaged in An issuer, with respect to a particular pol- practices’ means only the following prac- the business of insurance by a person who icy, may only designate one such State as its tices: knows or should know that the insurer or primary State with respect to all such cov- ‘‘(A) Knowingly misrepresenting to claim- other person responsible for the risk is insol- erage it offers. Such an issuer may not ants and insured individuals relevant facts vent at the time of the transaction. change the designated primary State with or policy provisions relating to coverage at ‘‘(C) Transaction of the business of insur- respect to individual health insurance cov- issue. ance in violation of laws requiring a license,

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certificate of authority, or other legal au- 2798 with respect to coverage offered in the ‘‘(e) PRIOR OFFERING OF POLICY IN PRIMARY thority for the transaction of the business of State; STATE.—A health insurance issuer may not insurance. ‘‘(2) require any individual health insur- offer for sale individual health insurance ‘‘(D) Attempt to commit, aiding or abet- ance coverage issued by the issuer to be coverage in a secondary State unless that ting in the commission of, or conspiracy to countersigned by an insurance agent or coverage is currently offered for sale in the commit the acts or omissions specified in broker residing in that secondary State; or primary State. this paragraph. ‘‘(3) otherwise discriminate against the ‘‘(f) LICENSING OF AGENTS OR BROKERS FOR ‘‘SEC. 2796. APPLICATION OF LAW. issuer issuing insurance in both the primary HEALTH INSURANCE ISSUERS.—Any State may require that a person acting, or offering to ‘‘(a) IN GENERAL.—The covered laws of the State and in any secondary State. act, as an agent or broker for a health insur- primary State shall apply to individual ‘‘(c) CLEAR AND CONSPICUOUS DISCLOSURE.— ance issuer with respect to the offering of in- health insurance coverage offered by a A health insurance issuer shall provide the dividual health insurance coverage obtain a health insurance issuer in the primary State following notice, in 12-point bold type, in license from that State, with commissions or and in any secondary State, but only if the any insurance coverage offered in a sec- ondary State under this part by such a other compensation subject to the provisions coverage and issuer comply with the condi- health insurance issuer and at renewal of the of the laws of that State, except that a State tions of this section with respect to the of- policy, with the 5 blank spaces therein being may not impose any qualification or require- fering of coverage in any secondary State. appropriately filled with the name of the ment which discriminates against a non- ‘‘(b) EXEMPTIONS FROM COVERED LAWS IN A health insurance issuer, the name of primary resident agent or broker. SECONDARY STATE.—Except as provided in State, the name of the secondary State, the ‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE this section, a health insurance issuer with name of the secondary State, and the name INSURANCE COMMISSIONER.—Each health in- respect to its offer, sale, rating (including of the secondary State, respectively, for the surance issuer issuing individual health in- medical underwriting), renewal, and issuance coverage concerned: surance coverage in both primary and sec- of individual health insurance coverage in This policy is issued by lllll, and is gov- ondary States shall submit— any secondary State is exempt from any cov- erned by the laws and regulations of the ‘‘(1) to the insurance commissioner of each ered laws of the secondary State (and any State of lllll, and it has met all the State in which it intends to offer such cov- rules, regulations, agreements, or orders laws of that State as determined by that erage, before it may offer individual health sought or issued by such State under or re- State’s Department of Insurance. This policy insurance coverage in such State— lated to such covered laws) to the extent may be less expensive than others because it ‘‘(A) a copy of the plan of operation, feasi- that such laws would— is not subject to all of the insurance laws bility study, or any similar statement of the ‘‘(1) make unlawful, or regulate, directly or and regulations of the State of lllll, in- policy being offered and its coverage (which indirectly, the operation of the health insur- cluding coverage of some services or benefits shall include the name of its primary State ance issuer operating in the secondary State, mandated by the law of the State of and its principal place of business); except that any secondary State may require lllll. Additionally, this policy is not ‘‘(B) written notice of any change in its such an issuer— subject to all of the consumer protection designation of its primary State; and ‘‘(A) to pay, on a nondiscriminatory basis, laws or restrictions on rate changes of the ‘‘(C) written notice from the issuer of the applicable premium and other taxes (includ- State of lllll. As with all insurance issuer’s compliance with all the laws of the ing high risk pool assessments) which are products, before purchasing this policy, you primary State; and levied on insurers and surplus lines insurers, should carefully review the policy and deter- ‘‘(2) to the insurance commissioner of each brokers, or policyholders under the laws of mine what health care services the policy secondary State in which it offers individual the State; covers and what benefits it provides, includ- health insurance coverage, a copy of the ‘‘(B) to register with and designate the ing any exclusions, limitations, or condi- issuer’s quarterly financial statement sub- State insurance commissioner as its agent tions for such services or benefits.’’. mitted to the primary State, which state- solely for the purpose of receiving service of ‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICA- ment shall be certified by an independent legal documents or process; TIONS AND PREMIUM INCREASES.— public accountant and contain a statement ‘‘(C) to submit to an examination of its fi- ‘‘(1) IN GENERAL.—For purposes of this sec- of opinion on loss and loss adjustment ex- nancial condition by the State insurance tion, a health insurance issuer that provides pense reserves made by— commissioner in any State in which the individual health insurance coverage to an ‘‘(A) a member of the American Academy issuer is doing business to determine the individual under this part in a primary or of Actuaries; or issuer’s financial condition, if— secondary State may not upon renewal— ‘‘(B) a qualified loss reserve specialist. ‘‘(i) the State insurance commissioner of ‘‘(A) move or reclassify the individual in- ‘‘(h) POWER OF COURTS TO ENJOIN CON- the primary State has not done an examina- sured under the health insurance coverage DUCT.—Nothing in this section shall be con- tion within the period recommended by the from the class such individual is in at the strued to affect the authority of any Federal National Association of Insurance Commis- time of issue of the contract based on the or State court to enjoin— sioners; and health-status related factors of the indi- ‘‘(1) the solicitation or sale of individual ‘‘(ii) any such examination is conducted in vidual; or health insurance coverage by a health insur- accordance with the examiners’ handbook of ‘‘(B) increase the premiums assessed the ance issuer to any person or group who is not the National Association of Insurance Com- individual for such coverage based on a eligible for such insurance; or missioners and is coordinated to avoid un- health status-related factor or change of a ‘‘(2) the solicitation or sale of individual justified duplication and unjustified repeti- health status-related factor or the past or health insurance coverage that violates the tion; prospective claim experience of the insured requirements of the law of a secondary State ‘‘(D) to comply with a lawful order issued— individual. which are described in subparagraphs (A) ‘‘(i) in a delinquency proceeding com- ‘‘(2) CONSTRUCTION.—Nothing in paragraph through (H) of subsection (b)(1). menced by the State insurance commis- (1) shall be construed to prohibit a health in- ‘‘(i) POWER OF SECONDARY STATES TO TAKE sioner if there has been a finding of financial surance issuer— ADMINISTRATIVE ACTION.—Nothing in this impairment under subparagraph (C); or ‘‘(A) from terminating or discontinuing section shall be construed to affect the au- ‘‘(ii) in a voluntary dissolution proceeding; coverage or a class of coverage in accordance thority of any State to enjoin conduct in ‘‘(E) to comply with an injunction issued with subsections (b) and (c) of section 2742; violation of that State’s laws described in by a court of competent jurisdiction, upon a ‘‘(B) from raising premium rates for all subsection (b)(1). petition by the State insurance commis- policy holders within a class based on claims ‘‘(j) STATE POWERS TO ENFORCE STATE sioner alleging that the issuer is in haz- experience; LAWS.— ardous financial condition; ‘‘(C) from changing premiums or offering ‘‘(1) IN GENERAL.—Subject to the provisions ‘‘(F) to participate, on a nondiscriminatory discounted premiums to individuals who en- of subsection (b)(1)(G) (relating to injunc- basis, in any insurance insolvency guaranty gage in wellness activities at intervals pre- tions) and paragraph (2), nothing in this sec- association or similar association to which a scribed by the issuer, if such premium tion shall be construed to affect the author- health insurance issuer in the State is re- changes or incentives— ity of any State to make use of any of its quired to belong; ‘‘(i) are disclosed to the consumer in the powers to enforce the laws of such State ‘‘(G) to comply with any State law regard- insurance contract; with respect to which a health insurance ing fraud and abuse (as defined in section ‘‘(ii) are based on specific wellness activi- issuer is not exempt under subsection (b). 2795(10)), except that if the State seeks an in- ties that are not applicable to all individ- ‘‘(2) COURTS OF COMPETENT JURISDICTION.— junction regarding the conduct described in uals; and If a State seeks an injunction regarding the this subparagraph, such injunction must be ‘‘(iii) are not obtainable by all individuals conduct described in paragraphs (1) and (2) of obtained from a court of competent jurisdic- to whom coverage is offered; subsection (h), such injunction must be ob- tion; ‘‘(D) from reinstating lapsed coverage; or tained from a Federal or State court of com- ‘‘(H) to comply with any State law regard- ‘‘(E) from retroactively adjusting the rates petent jurisdiction. ing unfair claims settlement practices (as charged an insured individual if the initial ‘‘(k) STATES’ AUTHORITY TO SUE.—Nothing defined in section 2795(9)); or rates were set based on material misrepre- in this section shall affect the authority of ‘‘(I) to comply with the applicable require- sentation by the individual at the time of any State to bring action in any Federal or ments for independent review under section issue. State court.

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‘‘(l) GENERALLY APPLICABLE LAWS.—Noth- ‘‘(3) INDEPENDENCE.— means, with respect to a denial of a claim ing in this section shall be construed to af- ‘‘(A) IN GENERAL.—Subject to subparagraph under a coverage relating to an enrollee, any fect the applicability of State laws generally (B), each independent medical reviewer in a of the following: applicable to persons or corporations. case shall— ‘‘(A) The issuer involved, or any fiduciary, ‘‘(m) GUARANTEED AVAILABILITY OF COV- ‘‘(i) not be a related party (as defined in officer, director, or employee of the issuer. ERAGE TO HIPPA ELIGIBLE INDIVIDUALS.—To paragraph (7)); ‘‘(B) The enrollee (or authorized represent- the extent that a health insurance issuer is ‘‘(ii) not have a material familial, finan- ative). offering coverage in a primary State that cial, or professional relationship with such a ‘‘(C) The health care professional that pro- does not accommodate residents of sec- party; and vides the items or services involved in the ondary States or does not provide a working ‘‘(iii) not otherwise have a conflict of in- denial. mechanism for residents of a secondary terest with such a party (as determined ‘‘(D) The institution at which the items or State, and the issuer is offering coverage under regulations). services (or treatment) involved in the de- under this part in such secondary State ‘‘(B) EXCEPTION.—Nothing in subparagraph nial are provided. which has not adopted a qualified high risk (A) shall be construed to— ‘‘(E) The manufacturer of any drug or pool as its acceptable alternative mechanism ‘‘(i) prohibit an individual, solely on the other item that is included in the items or (as defined in section 2744(c)(2)), the issuer basis of affiliation with the issuer, from serv- services involved in the denial. shall, with respect to any individual health ing as an independent medical reviewer if— ‘‘(F) Any other party determined under insurance coverage offered in a secondary ‘‘(I) a non-affiliated individual is not rea- any regulations to have a substantial inter- State under this part, comply with the guar- sonably available; est in the denial involved. anteed availability requirements for eligible ‘‘(II) the affiliated individual is not in- individuals in section 2741. ‘‘(8) DEFINITIONS.—For purposes of this sub- volved in the provision of items or services section: ‘‘SEC. 2797. PRIMARY STATE MUST MEET FED- in the case under review; ‘‘(A) ENROLLEE.—The term ‘enrollee’ ERAL FLOOR BEFORE ISSUER MAY ‘‘(III) the fact of such an affiliation is dis- SELL INTO SECONDARY STATES. means, with respect to health insurance cov- closed to the issuer and the enrollee (or au- ‘‘A health insurance issuer may not offer, erage offered by a health insurance issuer, an thorized representative) and neither party sell, or issue individual health insurance individual enrolled with the issuer to receive objects; and coverage in a secondary State if the State such coverage. ‘‘(IV) the affiliated individual is not an em- insurance commissioner does not use a risk- ‘‘(B) HEALTH CARE PROFESSIONAL.—The based capital formula for the determination ployee of the issuer and does not provide term ‘health care professional’ means an in- of capital and surplus requirements for all services exclusively or primarily to or on be- dividual who is licensed, accredited, or cer- health insurance issuers. half of the issuer; tified under State law to provide specified ‘‘(ii) prohibit an individual who has staff ‘‘SEC. 2798. INDEPENDENT EXTERNAL APPEALS health care services and who is operating PROCEDURES. privileges at the institution where the treat- within the scope of such licensure, accredita- ment involved takes place from serving as an ‘‘(a) RIGHT TO EXTERNAL APPEAL.—A health tion, or certification. independent medical reviewer merely on the insurance issuer may not offer, sell, or issue ‘‘SEC. 2799. ENFORCEMENT. individual health insurance coverage in a basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or ‘‘(a) IN GENERAL.—Subject to subsection secondary State under the provisions of this (b), with respect to specific individual health title unless— authorized representative) and neither party objects; or insurance coverage, the primary State for ‘‘(1) both the secondary State and the pri- such coverage has sole jurisdiction to en- mary State have legislation or regulations in ‘‘(iii) prohibit receipt of compensation by an independent medical reviewer from an en- force the primary State’s covered laws in the place establishing an independent review primary State and any secondary State. process for individuals who are covered by tity if the compensation is provided con- ‘‘(b) SECONDARY STATE’S AUTHORITY.— individual health insurance coverage, or sistent with paragraph (6). Nothing in subsection (a) shall be construed ‘‘(2) in any case in which the requirements ‘‘(4) PRACTICING HEALTH CARE PROFESSIONAL to affect the authority of a secondary State of paragraph (1) are not met with respect to IN SAME FIELD.— to enforce its laws as set forth in the excep- either of such States, the issuer provides an ‘‘(A) IN GENERAL.—In a case involving tion specified in section 2796(b)(1). independent review mechanism substantially treatment, or the provision of items or serv- ‘‘(c) COURT INTERPRETATION.—In reviewing identical (as determined by the applicable ices— action initiated by the applicable secondary State authority of such State) to that pre- ‘‘(i) by a physician, a reviewer shall be a State authority, the court of competent ju- scribed in the ‘Health Carrier External Re- practicing physician (allopathic or osteo- risdiction shall apply the covered laws of the view Model Act’ of the National Association pathic) of the same or similar specialty, as a primary State. of Insurance Commissioners for all individ- physician who, acting within the appropriate uals who purchase insurance coverage under scope of practice within the State in which ‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In the terms of this part, except that, under the service is provided or rendered, typically the case of individual health insurance cov- such mechanism, the review is conducted by treats the condition, makes the diagnosis, or erage offered in a secondary State that fails an independent medical reviewer, or a panel provides the type of treatment under review; to comply with the covered laws of the pri- of such reviewers, with respect to whom the or mary State, the applicable State authority requirements of subsection (b) are met. ‘‘(ii) by a non-physician health care profes- of the secondary State may notify the appli- ‘‘(b) QUALIFICATIONS OF INDEPENDENT MED- sional, the reviewer, or at least 1 member of cable State authority of the primary ICAL REVIEWERS.—In the case of any inde- the review panel, shall be a practicing non- State.’’. pendent review mechanism referred to in physician health care professional of the (b) EFFECTIVE DATE.—The amendment subsection (a)(2), the following provisions same or similar specialty as the non-physi- made by subsection (a) shall apply to indi- shall apply: cian health care professional who, acting vidual health insurance coverage offered, ‘‘(1) IN GENERAL.—In referring a denial of a within the appropriate scope of practice issued, or sold after the date that is one year claim to an independent medical reviewer, or within the State in which the service is pro- after the date of the enactment of this Act. to any panel of such reviewers, to conduct vided or rendered, typically treats the condi- (c) GAO ONGOING STUDY AND REPORTS.— independent medical review, the issuer shall tion, makes the diagnosis, or provides the (1) STUDY.—The Comptroller General of the ensure that— type of treatment under review. United States shall conduct an ongoing ‘‘(A) each independent medical reviewer ‘‘(B) PRACTICING DEFINED.—For purposes of study concerning the effect of the amend- meets the qualifications described in para- this paragraph, the term ‘practicing’ means, ment made by subsection (a) on— graphs (2) and (3); with respect to an individual who is a physi- (A) the number of uninsured and under-in- ‘‘(B) with respect to each review, each re- cian or other health care professional, that sured; viewer meets the requirements of paragraph the individual provides health care services (B) the availability and cost of health in- (4) and the reviewer, or at least 1 reviewer on to individual patients on average at least 2 surance policies for individuals with pre-ex- the panel, meets the requirements described days per week. isting medical conditions; in paragraph (5); and ‘‘(5) PEDIATRIC EXPERTISE.—In the case of (C) the availability and cost of health in- ‘‘(C) compensation provided by the issuer an external review relating to a child, a re- surance policies generally; to each reviewer is consistent with para- viewer shall have expertise under paragraph (D) the elimination or reduction of dif- graph (6). (2) in pediatrics. ferent types of benefits under health insur- ‘‘(2) LICENSURE AND EXPERTISE.—Each inde- ‘‘(6) LIMITATIONS ON REVIEWER COMPENSA- ance policies offered in different States; and pendent medical reviewer shall be a physi- TION.—Compensation provided by the issuer (E) cases of fraud or abuse relating to cian (allopathic or osteopathic) or health to an independent medical reviewer in con- health insurance coverage offered under such care professional who— nection with a review under this section amendment and the resolution of such cases. ‘‘(A) is appropriately credentialed or li- shall— (2) ANNUAL REPORTS.—The Comptroller censed in 1 or more States to deliver health ‘‘(A) not exceed a reasonable level; and General shall submit to Congress an annual care services; and ‘‘(B) not be contingent on the decision ren- report, after the end of each of the 5 years ‘‘(B) typically treats the condition, makes dered by the reviewer. following the effective date of the amend- the diagnosis, or provides the type of treat- ‘‘(7) RELATED PARTY DEFINED.—For pur- ment made by subsection (a), on the ongoing ment under review. poses of this section, the term ‘related party’ study conducted under paragraph (1).

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.121 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1111 SEC. 445. SEVERABILITY. ‘‘(A) $15,000,000, shall be made available for On page 76, line 1, insert ‘‘fruits and vege- If any provision of this subtitle or the ap- the Secretary of Transportation to make tables or’’ before ‘‘crops intended’’. plication of such provision to any person or loan guarantees as described in subsection On page 76, line 13, strike ‘‘90’’ and insert circumstance is held to be unconstitutional, (b); and ‘‘112.5’’. the remainder of this subtitle and the appli- ‘‘(B) $25,000,000, shall be made available Beginning on page 76, strike line 18 and all cation of the provisions of such to any other for— that follows through ‘‘(4)’’ on page 77, line 17, person or circumstance shall not be affected. ‘‘(i) design testing simulation and con- and insert ‘‘(3)’’. struction of infrastructure improvements to On page 78, strike lines 3 through 7 and in- SA 3399. Mr. NELSON of Florida (for a marine cargo terminal capable of sup- sert the following: ‘‘not more than himself and Mr. CORNYN) submitted an porting a mixed use of traditional container $300,000,000, to remain available until Sep- amendment intended to be proposed to operations, high speed loading and off-load- tember 30, 2011, to carry out a program of amendment SA 3336 proposed by Mr. ing, and military sealift requirements; and grants to States to assist eligible specialty crop producers for losses due to a natural BAUCUS to the bill H.R. 4213, to amend ‘‘(ii) engineering, simulation, and feasi- bility evaluation of advance design vessels disaster affecting the 2009 crops, of which not the Internal Revenue Code of 1986 to more than— extend certain expiring provisions, and for the transport of high-value, time sen- sitive cargoes to expand a capability to sup- (A) $150,000,000 shall be used to assist eligi- for other purposes; which was ordered port military sealift, aviation, and commer- ble specialty crop producers in counties that to lie on the table; as follows: cial operations. have been declared a disaster as the result of On page 268, between lines 11 and 12, insert ‘‘(2) The amounts made available in this drought; and the following: subsection shall remain available until ex- (B) $150,000,000 shall be used to assist eligi- SEC. lll. MODIFICATION OF EXCEPTION FROM pended. ble specialty crop producers in counties that 10 PERCENT EARLY WITHDRAWAL ‘‘(b)(1) A loan guarantee described in this have been declared a disaster as the result of PENALTY FOR PUBLIC SAFETY EM- subsection is a loan guarantee issued by the excessive rainfall or a related condition. PLOYEES. Secretary of Transportation to maintain the On page 78, lines 18 and 19, strike ‘‘with ex- (a) REPEAL OF RESTRICTION TO DEFINED capability of a qualified shipyard to con- cessive rainfall and related conditions’’. BENEFIT PLANS.—Subparagraph (A) of sec- struct a large ocean going commercial vessel On page 78, line 21, strike ‘‘2008’’ and insert tion 72(t)(10)(A) is amended by striking if the applicant for such a loan guarantee ‘‘2009’’. ‘‘which is a defined benefit plan’’. demonstrates that absent such loan guar- On page 79, lines 4 and 5, strike ‘‘under this (b) APPLICATION TO ANNUITIES COMMENCING antee— subsection’’ and insert ‘‘for counties de- BEFORE THE PENSION PROTECTION ACT OF ‘‘(A) the domestic capacity for the con- scribed in paragraph (1)(B)’’. 2006.—Paragraph (10) of section 72(t) is struction of large ocean going commercial On page 80, between lines 3 and 4, insert amended by adding at the end the following vessels will be significantly impaired; the following: new subparagraph: ‘‘(B) more than 1,000 shipbuilding-related (5) PROHIBITION.—An eligible specialty crop ‘‘(C) TRANSITIONAL RULE FOR ANNUITIES.— jobs will be terminated at any one facility; producer that receives assistance under this Paragraph (4) shall not apply to any modi- and subsection shall be ineligible to receive as- fication to a series of substantially equal ‘‘(C) the capability of domestic shipyards sistance under subsection (b). periodic payments which are made with re- to meet the demand for replacement and ex- On page 80, line 4, strike ‘‘(5)’’ and insert spect to a qualified public safety employee if pansion of the domestic ocean going com- ‘‘(6)’’. On page 87, between lines 4 and 5, insert such series of payments commenced— mercial fleet will be significantly con- the following: ‘‘(i) before the date of the enactment of the strained. Pension Protection Act of 2006, and ‘‘(2) In this subsection, the term ‘qualified (h) HAY QUALITY LOSS ASSISTANCE PRO- ‘‘(ii) after such qualified public safety em- shipyard’ means a shipyard that— GRAM.— ployee’s separation from service after attain- ‘‘(A) is located in the United States; (1) DEFINITION OF DISASTER COUNTY.—In ment of age 50.’’. ‘‘(B) consists of at least one facility with this subsection: (c) EFFECTIVE DATES.— not less than of 1,000 employees; (A) IN GENERAL.—The term ‘‘disaster coun- (1) REPEAL OF RESTRICTION TO DEFINED BEN- ‘‘(C) has exclusively constructed ocean ty’’ means a county included in the geo- EFIT PLANS.—The amendment made by sub- going commercial vessels larger than 20,000 graphic area covered by a qualifying natural section (a) shall apply to distributions made gross registered tons; disaster declaration for flooding that oc- after the date of the enactment of the Pen- ‘‘(D) delivered 8 or more such ocean going curred during the period beginning on May 1, sion Protection Act of 2006. commercial vessels during the 5-year period 2009, and ending on December 31, 2009. (2) TRANSITIONAL RULE FOR ANNUITIES.—The ending on the date of the enactment of the (B) EXCLUSION.—The term ‘‘disaster coun- amendment made by subsection (b) shall American Workers, State, and Business Re- ty’’ does not include— apply to modifications made after the date lief Act of 2010; and (i) a contiguous county; or of the enactment of the Pension Protection ‘‘(E) applies for a loan guarantee made (ii) a county that had less than a 10-per- Act of 2006. available pursuant to subsection (a)(1)(A). cent loss in the quality of the 2009 crop of ‘‘(3) Notwithstanding the provisions of hay, as determined by the Secretary. SA 3400. Mr. SPECTER submitted an chapter 537 of subtitle V of title 46, United (2) ASSISTANCE.—Of the funds of the Com- amendment intended to be proposed to States Code, or any regulations issued pursu- modity Credit Corporation, the Secretary amendment SA 3336 proposed by Mr. ant to such chapter, a loan guarantee pursu- shall use such sums as are necessary to pro- vide assistance to eligible producers of the BAUCUS to the bill H.R. 4213, to amend ant to subsection (a)(1)() shall be issued only to a qualified shipyard upon commitment by 2009 crop of hay that suffered quality losses the Internal Revenue Code of 1986 to in a disaster county due to flooding that oc- extend certain expiring provisions, and the qualified shipyard of not less than $40,000,000 in equity and demonstrated proof curred during the period beginning on May 1, for other purposes; which was ordered that actual construction of the new vessel 2009, and ending on December 31, 2009. to lie on the table; as follows: for which such loan guarantee was issued (3) ELIGIBILITY.— At the end of title VI, add the following: will commence not later than April 30, 2010. (A) IN GENERAL.—To be eligible to receive SEC. 602. LOAN GUARANTEES FOR SHIPYARDS ‘‘(4) A loan guarantee issued pursuant to assistance under this subsection, a producer AND REPROGRAMMING OF FUNDS subsection (a)(1)(A) shall be deemed to have shall certify to the Secretary that the aver- FOR SEALIFT CAPACITY. a subsidy rate of no greater than 9 percent. age quality loss of the producer meets or ex- Section 115 of the Miscellaneous Appro- ‘‘(5) The Secretary of Transportation shall ceeds the approved quality adjustment for priations and Offsets Act, 2004 (division H of select each qualified shipyard to receive a hay due to flooding at harvest. Public Law 108–199; 118 Stat. 439), as amended loan guarantee pursuant to subsection (B) EVIDENCE.— by section 1017 of the Emergency Supple- (a)(1)(A) not later than 60 days after the date (i) IN GENERAL.—In making the certifi- mental Appropriations Act for Defense, the of the enactment of the American Workers, cation described in subparagraph (A), the Global War on Terror, and Tsunami Relief, State, and Business Relief Act of 2010.’’. producer shall provide to the Secretary reli- 2005 (Public Law 109–13; 119 Stat. 250), is able and verifiable evidence of the quality amended to read as follows: SA 3401. Mrs. LINCOLN submitted an loss and the production of the producer. ‘‘SEC. ll. (a)(1) Of the amounts provided amendment intended to be proposed to (ii) LACK OF EVIDENCE.—If evidence de- in the Department of Defense Appropriations amendment SA 3336 proposed by Mr. scribed in clause (i) is not available, the Sec- Act, 2002 (Public Law 107–117; 115 Stat. 2244), BAUCUS to the bill H.R. 4213, to amend retary shall use— the Department of Defense Appropriations the Internal Revenue Code of 1986 to (I) in the case of unavailable quality loss Act, 2003 (Public Law 107–248; 116 Stat. 1533), evidence, documentation provided by the Co- and the Department of Defense Appropria- extend certain expiring provisions, and operative Extension Service, State Depart- tions Act, 2004 (Public Law 108–87; 117 Stat. for other purposes; which was ordered ment of Agriculture, or other reliable 1068) under the heading ‘NATIONAL DEFENSE to lie on the table; as follows: sources, including institutions of higher edu- SEALIFT FUND’ for construction of additional On page 75, line 4, strike ‘‘excessive rain- cation, buyers, and cooperatives, as to the sealift capacity, notwithstanding section fall or related’’ and insert ‘‘drought, exces- extent of quality loss in the disaster county; 2218(c)(1) of title 10, United States Code— sive rainfall, or a related’’. and

VerDate Nov 24 2008 03:39 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.121 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE S1112 CONGRESSIONAL RECORD — SENATE March 3, 2010 (II) in the case of unavailable production to amend the Energy Policy and Con- mittee on Environment and Public evidence, the county average yield, as deter- servation Act to establish efficiency Works be authorized to meet during mined by the Secretary. standards for bottle-type water dis- the session of the Senate on March 3, (4) DETERMINATION OF PAYMENT.— pensers, commercial hot food holding 2010, at 10 a.m. in room 406 of the Dirk- (A) IN GENERAL.—Except as provided in subparagraph (B), the amount of assistance cabinets, and portable electric spas; sen Senate Office Building. provided under this subsection to an eligible and for other purposes. The PRESIDING OFFICER. Without producer shall equal the product obtained by Because of the limited time available objection, it is so ordered. multiplying, as determined by the Sec- for the hearing, witnesses may testify COMMITTEE ON FINANCE retary— by invitation only. However, those Mr. WEBB. Mr. President, I ask (i) the quantity of hay harvested by the el- wishing to submit written testimony unanimous consent that the Com- igible producer; for the hearing record may do so by mittee on Finance be authorized to (ii) a quality adjustment that is equal to sending it to the Committee on Energy meet during the session of the Senate the difference between— (I) the average price per ton for average and Natural Resources, United States on March 3, 2010, at 10 a.m. in room 215 quality hay; and Senate, Washington, DC 20510–6150, or of the Dirksen Senate Office Building, (II) the average price per ton for poor qual- by e-mail to Rosemarie_Calabro to conduct a hearing entitled ‘‘The 2010 ity hay due to flooding; and @energy.senate.gov. Trade Agenda.’’ (iii) 65 percent. For further information, please con- The PRESIDING OFFICER. Without (B) LIMITATION.—The maximum amount tact Allen Stayman or Rosemarie objection, it is so ordered. that an eligible producer may receive under Calabro. COMMITTEE ON HOMELAND SECURITY AND this subsection is $40,000. SUBCOMMITTEE ON WATER AND POWER GOVERNMENTAL AFFAIRS (5) RELATIONSHIP TO OTHER LAW.—Assist- Mr. WEBB. Mr. President, I ask ance received under this subsection shall be Mr. BINGAMAN. Mr. President, this included in the calculation of farm revenue is to correct the purpose of a hearing unanimous consent that the Com- for the 2009 crop year under section before the Subcommittee on Water and mittee on Homeland Security and Gov- 531(b)(4)(A) of the Federal Crop Insurance Power of the Committee on Energy and ernmental Affairs be authorized to Act (7 U.S.C. 1531(b)(4)(A)) and section Natural Resources previously an- meet during the session of the Senate 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. nounced on March 1st. The hearing will on March 3, 2010, at 9:30 a.m. to conduct 2497(b)(4)(A)). be held on Tuesday, March 16, 2010, at a hearing entitled ‘‘Chemical Security: (6) ADJUSTED GROSS INCOME LIMITATION.—A 10 a.m., in room SD–366 of the Dirksen Assessing Progress and Charting a person or legal entity with an average ad- Path Forward.’’ justed gross nonfarm income that exceeds Senate Office Building in Washington, the amount described in section DC. The PRESIDING OFFICER. Without 1001D(b)(1)(A) of the Food Security Act of The purpose of this oversight hearing objection, it is so ordered. 1985 (7 U.S.C. 1308–3a(b)(1)(A)) shall be ineli- is to receive testimony on the Bureau COMMITTEE ON THE JUDICIARY gible to receive benefits under this sub- of Reclamation’s implementation of Mr. WEBB. Mr. President, I ask section. the SECURE Water Act, (Title 9501 of unanimous consent that the Com- (7) DIRECT ATTRIBUTION.—In carrying out P.L. 111–11) and the Bureau of Rec- mittee on the Judiciary be authorized this subsection, the Secretary shall apply lamation’s WaterSMART program to meet during the session of the Sen- section 1001(e) of the Food Security Act of which includes the WaterSMART 1985 (7 U.S.C. 1308(e)). ate on March 3, 2010, at 2:15 p.m. in On page 87, line 5, strike ‘‘(h)’’ and insert Grant Program, the Basin Study Pro- room SD–226 of the Dirksen Senate Of- ‘‘(i)’’. gram and the Title XVI Program. fice Building, to conduct a hearing en- On page 89, line 15, insert ‘‘for the pur- Because of the limited time available titled ‘‘Encouraging Innovative and chase, improvement, or operation of the for the hearing, witnesses may testify Cost-Effective Crime Reduction Strate- poultry farm’’ after ‘‘lender’’. by invitation only. However, those gies.’’ On page 89, strike line 24 and insert the fol- wishing to submit written testimony The PRESIDING OFFICER. Without lowing: for the hearing record should send it to objection, it is so ordered. (j) STATE AND LOCAL GOVERNMENTS.—Sec- tion 1001(f)(6)(A) of the Food Security Act of the Committee on Energy and Natural COMMITTEE ON VETERANS’ AFFAIRS 1985 (7 U.S.C. 1308(f)(6)(A)) is amended by in- Resources, United States Senate, Mr. WEBB. Mr. President, I ask serting ‘‘(other than the conservation re- Washington, DC 20510–6150, or by e-mail unanimous consent that the Com- serve program established under subchapter to [email protected] mittee on Veterans’ Affairs be author- B of chapter 1 of subtitle D of title XII of .gov. ized to meet during the session of the this Act)’’ before the period at the end. For further information, please con- Senate on March 3, 2010. The Com- (k) ADMINISTRATION.— tact Tanya Trujillo or Gina Weinstock. mittee will meet in room 418 of the On page 90, line 4, insert ‘‘and the amend- ment made by this section’’ after ‘‘section’’. f Russell Senate Office Building begin- On page 90, line 7, insert ‘‘and the amend- AUTHORITY FOR COMMITTEES TO ning at 9:30 a.m. The PRESIDING OFFICER. Without ment made by this section’’ before ‘‘shall MEET be’’. objection, it is so ordered. COMMITTEE ON ARMED SERVICES On page 91, line 1, strike ‘‘$15,000,000’’ and SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- insert ‘‘$10,000,000’’. Mr. WEBB. Mr. President, I ask AGEMENT, GOVERNMENT INFORMATION, FED- f unanimous consent that the Com- ERAL SERVICES, AND INTERNATIONAL SECU- mittee on Armed Services be author- RITY NOTICES OF HEARINGS ized to meet during the session of the Mr. WEBB. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Senate on March 3, 2010, at 4:30 p.m. unanimous consent that the Com- RESOURCES The PRESIDING OFFICER. Without mittee on Homeland Security and Gov- Mr. BINGAMAN. Mr. President, I objection, it is so ordered. ernmental Affairs’ Subcommittee on would like to announce for the infor- COMMITTEE ON ENERGY AND NATURAL Federal Financial Management, Gov- mation of the Senate and the public RESOURCES ernment Information, Federal Serv- that a hearing has been scheduled be- Mr. WEBB. Mr. President, I ask ices, and International Security be au- fore the Senate Committee on Energy unanimous consent that the Com- thorized to meet during the session of and Natural Resources. The hearing mittee on Energy and Natural Re- the Senate on March 3, 2010, at 2:30 will be held on Wednesday, March 10, sources be authorized to meet during p.m. in order to conduct a hearing enti- 2010, at 9:30 a.m., in room SD–366 of the the session of the Senate on March 3, tled ‘‘Oversight Challenges In The Dirksen Senate Office Building. at 10 a.m. in room SD–366 of the Dirk- Medicare Prescription Drug Program.’’ The purpose of the hearing is to re- sen Senate Office Building. The PRESIDING OFFICER. Without ceive testimony on energy efficiency The PRESIDING OFFICER. Without objection, it is so ordered. bills, including S. 1696, the Green Gam- objection, it is so ordered. SUBCOMMITTEE ON OCEAN, ATMOSPHERE, ing Act of 2009; S. 2908, the Water Heat- COMMITTEE ON ENVIRONMENT AND PUBLIC FISHERIES, AND COAST GUARD er Rating Improvement Act of 2009; S. WORKS Mr. WEBB. Mr. President, I ask 3059, the National Energy Efficiency Mr. WEBB. Mr. President, I ask unanimous consent that the Sub- Enhancement Act of 2010; S. 3054, a bill unanimous consent that the Com- committee on Oceans, Atmosphere,

VerDate Nov 24 2008 05:00 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.123 S03MRPT1 smartinez on DSKB9S0YB1PROD with SENATE March 3, 2010 CONGRESSIONAL RECORD — SENATE S1113 Fisheries, and Coast Guard of the Com- Edith Ramirez, of California, to be a Fed- PROGRAM mittee on Commerce, Science, and eral Trade Commissioner for the term of seven years from September 26, 2008. Mr. REID. There will be rollcall votes Transportation be authorized to meet throughout the day tomorrow as we DEPARTMENT OF HEALTH AND HUMAN SERVICES during the session of the Senate on continue to work through this impor- March 3, 2010, at 10 a.m., in room 253 of Lillian A. Sparks, of Maryland, to be Com- tant legislation. the Russell Senate Office Building. missioner of the Administration for Native The PRESIDING OFFICER. Without Americans, Department of Health and f Human Services. objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. NOMINATION OF JULIE BRILL SUBCOMMITTEE ON STRATEGIC FORCES TOMORROW Mr. WEBB. Mr. President, I ask Mr. LEAHY. Mr. President, I am pleased that the Senate today con- Mr. REID. Mr. President, if there is unanimous consent that the Sub- no further business to come before the committee on Strategic Forces of the firmed Julie Brill as Commissioner of the Federal Trade Commission, FTC. I Senate, I ask unanimous consent that Committee on Armed Services be au- the Senate stand adjourned under the thorized to meet during the session of have known Julie for her work during nearly 20 years as an Assistant Attor- previous order. the Senate on Wednesday, March 3, There being no objection, the Senate, 2010, at 2:30 p.m. ney General from Vermont, and believe that both the FTC and consumers at 7:57 p.m., adjourned until Thursday, The PRESIDING OFFICER. Without March 4, 2010, at 9:30 a.m. objection, it is so ordered. around the country will benefit greatly f f from her appointment. Ms. Brill is extremely well qualified NOMINATIONS PRIVILEGES OF THE FLOOR to serve as an FTC Commissioner. She Mr. BAUCUS. Mr. President, I ask graduated from Princeton University Executive nominations received by unanimous consent that the following and New York University Law School, the Senate: staff be allowed the privilege of the served as a law clerk to the Vermont THE JUDICIARY floor during consideration of the pend- Federal Judge Franklin Billings, and SCOTT M. MATHESON, JR., OF UTAH, TO BE UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE ing bill: Mary Baker, Ivie English, served both as an Assistant Attorney MICHAEL W. MCCONNELL, RESIGNED. Lucas Hamilton, Sam Kohn, Scott General in Vermont and General Coun- DEPARTMENT OF JUSTICE Mathews, Tsveta Polhemus, and Meena sel of the Vermont Department of KENNETH J. GONZALES, OF NEW MEXICO, TO BE Sharma. Banking, Insurance and Securities. UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW The PRESIDING OFFICER. Without Most recently, Ms. Brill worked as Sen- MEXICO FOR THE TERM OF FOUR YEARS, VICE DAVID CLAUDIO IGLESIAS. objection, it is so ordered. ior Deputy Attorney General of the MICHAEL C. ORMSBY, OF WASHINGTON, TO BE UNITED f Consumer Protection Division in the STATES ATTORNEY FOR THE EASTERN DISTRICT OF North Carolina Department of Justice. WASHINGTON FOR THE TERM OF FOUR YEARS, VICE EXECUTIVE SESSION JAMES A. MCDEVITT. Over her professional career, Ms. Brill WILLIE RANSOME STAFFORD III, OF NORTH CAROLINA, TO BE UNITED STATES MARSHAL FOR THE MIDDLE DIS- has worked on critical issues in agri- TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR EXECUTIVE CALENDAR culture, tobacco, food, pharma- YEARS, VICE HARLON EUGENE COSTNER. ceuticals, and identity theft. Her ex- DEPARTMENT OF LABOR Mr. REID. Mr. President, I ask unan- pertise and intelligence have allowed JAMES L. TAYLOR, OF VIRGINIA, TO BE CHIEF FINAN- imous consent that the Senate proceed her to excel in all of these areas. CIAL OFFICER, DEPARTMENT OF LABOR, VICE DOUGLAS to consider Executive Calendar Nos. W. WEBSTER, RESIGNED. The FTC has an important role in 603, 604, 610, 625, 629, 630, and 700 so that IN THE ARMY protecting consumers from unfair and the nominees be confirmed en bloc, the deceptive trade practices as well as THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT motions to reconsider be laid upon the TO THE GRADE INDICATED IN THE UNITED STATES ARMY anticompetitive behavior by busi- JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, table en bloc; that no further motions nesses. Ms. Brill will serve consumers U.S.C., SECTIONS 624 AND 3064: be in order; and that any statements well in her new position as a Commis- To be major related to the nominations be printed sioner. MATTHEW H. ADAMS in the Record; that the President be CLAUDINE M. ANDOLA Ms. Brill has spent much of her pro- immediately notified of the Senate’s LARRY A. BABIN, JR. fessional life working on behalf of the CHAD B. BALFANZ action, and the Senate then resume JACOB D. BASHORE people of Vermont, and I look forward legislative session. RYAN BEERY to continuing to work with her as she CANDACE M. BESHERSE The PRESIDING OFFICER. Without BRADFORD D. BIGLER objection, it is so ordered. helps to advance Chairman Leibowitz’s TIMOTHY J. BILECKI active agenda. I know her family, and JENNIFER J. BOWERSOX The nominations considered and con- HOLLY K. BRYANT firmed en bloc are as follows: was delighted to introduce her at her PAUL D. CARLSON confirmation hearing. I congratulate NAGESH CHELLURI DEPARTMENT OF STATE THOMAS L. CLARK, JR. Ms. Brill on her confirmation. HOWARD C. CLAYTON Laura E. Kennedy, of New York, a Career STEVEN J. COLLINS Member of the Senior Foreign Service, Class f JESSICA CONN of Minister-Counselor, for the rank of Am- PATRICK L. DAVIS LEGISLATIVE SESSION JOHN C. DOHN II bassador during her tenure of service as U.S. JEROME P. DUGGAN Representative to the Conference on Disar- The PRESIDING OFFICER. The Sen- DAVID A. DULANEY mament. BONNIE L. DUNLOP Eileen Chamberlain Donahoe, of Cali- ate will resume legislative session. MATTHEW S. FITZGERALD SCOTT R. FORD fornia, for the rank of Ambassador during f LAWRENCE P. GILBERT her tenure of service as the United States RICHARD E. GORINI Representative to the UN Human Rights ORDERS FOR THURSDAY, MARCH JOHN J. GOWEL KATHERINE S. GOWEL Council. 4, 2010 PATRICK B. GRANT ADMINISTRATIVE CONFERENCE OF THE UNITED JOSEPH P. GROSS Mr. REID. I ask unanimous consent KEVIN G. HELLER STATES that when the Senate completes its CARL E. HILL Paul R. Verkuil, of Florida, to be Chair- KELLI A. HOOKE business today, it adjourn until 9:30 SCOTT Z. HUGHES man of the Administrative Conference of the a.m., Thursday, March 4; that fol- NATHAN P. JACOBS United States for the term of five years. WILLIAM B. JENNINGS lowing the prayer and pledge, the Jour- KEVIN M. JINKS DEPARTMENT OF HOMELAND SECURITY nal of proceedings be approved to date, ERIC A. JONKER Elizabeth M. Harman, of Maryland, to be MICHAEL P. KAVANAGH an Assistant Administrator of the Federal the morning hour be deemed expired, KEIRSTEN H. KENNEDY the time for the two leaders be re- ANDREW K. KERNAN Emergency Management Agency, Depart- JOSHUA L. KESSLER ment of Homeland Security. served for their use later in the day, DANIEL R. KICZA and the Senate resume consideration of JACK H. KO FEDERAL TRADE COMMISSION JOHN R. KOKOSZKA Julie Simone Brill, of Vermont, to be a H.R. 4213, the Tax Extenders Act. MATTHEW A. KRAUSE The PRESIDING OFFICER. Without JOSEPH E. KRILL Federal Trade Commissioner for the term of DANIEL R. KUECKER seven years from September 26, 2009. objection, it is so ordered. MARGARET V. KURZ

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JONATHAN LAMBERT IN THE AIR FORCE EUGENE F. LAHUE ILDIKO E. LANE CHRISTOPHER M. LAPACK GARY R. LEVY, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM D. LOGAN TODD L. LINDQUIST TO THE GRADE INDICATED IN THE UNITED STATES AIR RAYMOND D. MONCRIEF SALLY R. MACDONALD FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHARLES R. MONTOYA, JR. ERIC L. MAYER SCOTT P. NUPSON SCOTT A. MCDONALD To be colonel ISMAEL RODRIGUEZ RANDY L. SELLERS TYSON S. MCDONALD ELWOOD M. BARNES MICHAEL D. SHANNON ELIZABETH A. MCFARLAND JIMMY M. BROWNING JACK S. STANLEY GARY P. MCNEAL RONALD M. HARVELL MARK F. THOMAS MARY E. MEEK STEVEN P. MCCAIN HYRAL B. WALKER, JR. MICHAEL J. OCONNOR DOUGLAS J. SLATER, SR. TRAVIS C. YELTON AUTUMN OLEARY TIMOTHY P. WAGONER DARREN W. POHLMANN REX A. WILLIAMS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL G. POND TO THE GRADE INDICATED IN THE UNITED STATES AIR KRISTY L. RADIO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: HOBE A. SCHOLZ TO THE GRADE INDICATED IN THE UNITED STATES AIR MATTHEW C. SCOTT FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be major MEGAN SHAW VINCENT T. SHULER To be colonel AFSANA AHMED KENNETH A. ARTZ ANDREW J. SMITH CALVIN N. ANDERSON ANDREW R. BARKER GREGORY T. STRICKER MARGARETE P. ASHMORE CHELSEA L. BARTOE BRIAN R. SYKES JIMMY LEE BARDIN PETER THOMAS BEAUDETTE, JR. JOHN T. TUTTEROW BRADLEY L. BELL TYLER D. BUCKLEY ANTHONY J. VALENTI NATHAN M. BERMAN DONALD N. BUGG MATTHEW H. WATTERS VINCENT M. BUQUICCHIO MARIE J. CALABRESE IN THE MARINE CORPS FRANZISKA J. CHOPP SARAH D. CARPENTER DON M. CHRISTENSEN ALLISON CHISOLM DANELS THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR DONALD RICHARD ELLER, JR. LAUREN N. DIDOMENICO APPOINTMENT TO THE GRADE INDICATED IN THE MARK A. HATCH CHARLES B. DISHMAN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KRISTINE M. KIJEK SEAN M. ELAMETO SECTION 624: CHARLES C. KILLION JEREMY J. EMMERT To be lieutenant colonel ROBIN P. KIMMELMAN ZACHARY T. EYTALIS JENNIFER L. MARTIN TODD J. FANNIFF PETER W. MCDANIEL ROBERT L. MAY, JR. MICHAEL J. FELSEN JOE W. MOORE ADAM E. FREY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR BRYNN P. MORGAN BRIAN R. GAGNE APPOINTMENT TO THE GRADE INDICATED IN THE ADAM OLER CHARLES J. GARTLAND UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., HEATHER L. OSTERHAUS JAMES G. GENTRY SECTION 624: DAVID W. PENCZAR BYRON D. GREENE To be lieutenant colonel BARBARA E. SHESTKO ALEXANDRA CATHERIN HALCHAK VANCE HUDSON SPATH MATTHEW EDWARD HILL DENNIS L. PARKS ROGER M. WELSH RYAN N. HOBACK SCOTT A. HODGES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR MICHAEL TODD HOPKINS TO THE GRADE INDICATED IN THE UNITED STATES AIR APPOINTMENT TO THE GRADE INDICATED IN THE TRAVIS ANDERS HUBBLE FORCE UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., AMBER B. JACOBY SECTION 624: To be lieutenant colonel CHRISTOPHER DAVID JONES To be lieutenant colonel JACK M. JONES, JR. BRIAN L. BENGS JASON F. KEEN DEAN R. KECK SCOTT D. BOEHNE CHARLES G. KELS JANE E. BOOMER MICHAEL SPENCER KERR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THOMAS E. BYRON JOANNA M. KIEFFER APPOINTMENT TO THE GRADE INDICATED IN THE DOUGLAS F. CRABTREE MICHAEL G. KING UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RICHARD L. DASHIELL AMER MAHMUD SECTION 624: JOSEPH F. DENE KATHY D. MALOWNEY To be lieutenant colonel CHAD L. DIEDERICH KRISTIN K. MCCALL ROBERT M. GERLEMAN MATTHEW N. MCCALL STEVE K. BRAUND JOHN E. GILLILAND HUGH B. MCCLEAN STEVEN E. SPROUT TOMMY E. GREGORY NICHOLAS WILLIAM MCCUE ROBERT S. HALL JEREMY K. MCKISSACK THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROBERT S. HUME NICHOLAS J. MEANZA APPOINTMENT TO THE GRADE INDICATED IN THE JULIE J. R. HUYGEN BRADLEY A. MORRIS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEPH S. IMBURGIA SARAH M. MOUNTIN SECTION 624: JENNIFER R. KRAMME SHAWNTELL P. MULLINS To be lieutenant colonel RICHARD H. LADUE, JR. AARON S. OGDEN LUCAS J. LANDRENEAU GARY MATTHEW OSBORN CHARLES E. DANIELS BRADFORD U. LARSON JOHN MERRITT PAGE JAY A. ROGERS LINELL A. LETENDRE TRACY A. PARK DEBRA A. LUKER JOSEPH F. PERA THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR CHRISTOPHER MCMAHON NAOMI NATASHA PORTERFIELD APPOINTMENT TO THE GRADE INDICATED IN THE THANH LAN BICH NGUYEN LISA M. RICHARD UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER J. NOWICKI RONALD L. ROODHOUSE, JR. SECTION 624: MYNDA L. G. OHMAN CHRISTOPHER JOSEPH SCHUBBE To be lieutenant colonel KATHLEEN J. OROURKE PATRICK M. SCHWOMEYER BRUCE D. PAGE, JR. NATHANIEL H. SEARS TIMOTHY L. COLLINS LYNDELL M. POWELL JUSTIN A. SILVERMAN STEVEN J. LENGQUIST KENNETH W. SACHS MAXWELL S. SMART SHELLY W. SCHOOLS STEVEN RAY SNORTLAND THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR STEPHEN E. SEE SUZANNE E. STEPHENSON APPOINTMENT TO THE GRADE INDICATED IN THE SUZETTE D. SEUELL JACQUELINE M. STINGL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SHANNON L. SHERWIN ROBERT B. STIRK SECTION 624: KATHRYN E. STENGELL MICHELLE MARIE SUBERLY To be lieutenant colonel KEVIN P. STIENS FELIX I. SUTANTO MATTHEW D. VAN DALEN SARA A. SWART MICHAEL R. GLASS KEVIN J. WILKINSON BRIAN D. TETER DONALD L. HULTZ LISA F. WILLIS GREGORY J. THOMPSON DANIEL S. VAILLANT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SCOTT A. VAN SCHOYCK TO THE GRADE INDICATED IN THE UNITED STATES AIR APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT EUGENE VORHEES II FORCE UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHARLES G. WARREN SECTION 624: To be lieutenant colonel DANIEL J. WATSON To be lieutenant colonel ERIC N. WEBER DONNETTE A. BOYD REGGIE D. YAGER STEVEN M. DOTSON DONALD W. BRETZ MARK A. IVY BILL BURRELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES I. SAYLOR MARK A. CRUMPTON TO THE GRADE INDICATED IN THE UNITED STATES AIR DAVID L. MANSBERGER FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SHON NEYLAND To be major APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL S. RASH UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SCOTT L. RUMMAGE JEREMY C. AAMOLD SECTION 624: PAUL D. SUTTER HIRO ABABON To be lieutenant colonel STEPHAN A. ABATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON R. ABEL JACK G. ABATE TO THE GRADE INDICATED IN THE UNITED STATES AIR MATTHEW J. ABELE RAYMOND E. BARNETT FORCE UNDER TITLE 10, U.S.C., SECTION 624: DENNIS F. ABRAMOWICZ JASON A. HIGGINS To be major ALICIA D. ABRAMS LUIS J. ADAMES IN THE NAVY RICHARD S. BEYEA III EDDIE H. ADAMS III MATTHEW A. BOARTS FRANKLIN M. ADAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC P. BOYER GEORGE E. ADAMS TO THE GRADE INDICATED IN THE UNITED STATES NAVY KRISTINA Y. COPPINGER ISAAC E. ADAMS UNDER TITLE 10, U.S.C., SECTION 624: KRISTOFFER K. COX JASON G. ADAMS To be commander LARRY J. FOWLER JEFFREY S. ADAMS JULIAN C. GAITHER JOHN F. ADAMS, JR. MICHAEL C. BIEMILLER KENNETH E. JOHNSON, JR. WILLIAM D. ADAMS

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BRIAN S. ADCOCK BRENT R. BAK BRYAN D. BLACK NICHELE D. ADEOGUN CLIFTON E. BAKER PHYLIS D. BLACK JOHN T. AGNEW DONALD E. BAKER SCOTT P. BLACK RAJ AGRAWAL JOHN M. BAKER BRENT D. BLADOW SCOTT W. AHRENS JUDD W. BAKER ERIC S. BLAIR ROBERT A. AIKMAN II PATRICK D. BALDWIN MICHEAL J. BLAKE DANIEL O. AKEREDOLU JOEY M. BALK EDMUND J. BLANCHET ADAM T. AKERS MICHAEL BALLAK ADAM B. BLANKENSHIP JAMES D. AKERS II WILLIAM H. BALLARD TIMOTHY J. BLASIMAN MICHAEL S. ALBERS DAVID J. BALMER MICHAEL J. BLAUSER DANZEL W. ALBERTSEN RICKIE A. BANISTER GREGORY O. BLAYLOCK JASON A. ALBERTSON THOMAS A. BANKER ZAK S. BLOM ERIC C. ALDEN AARON B. BANKS JOEL T. A. BLOOMQUIST JOHN E. ALDERMAN DEVIN D. BANKS NATHAN D. BOARDMAN JAMES D. ALDRICH GAYLE B. BARAJAS PAUL A. BOBNOCK STEPHEN C. ALDRIDGE ELIZABETH A. BARBER SHAWN E. BOCK SALVADOR ALEMAN MADONNA M. BARBEYTO TODD F. BODE ANTHONY S. ALEXANDER BENJAMIN P. BARBOUR CHRISTOPHER T. BODLEY DAVID S. ALEXANDER RICHARD P. BARBOUR MICHAEL DAREN BOE GARRY J. ALEXANDER JEFFREY L. BARKER JAMES T. BOEHM KERRI V. ALEXANDER JOSEPH F. BARNARD DARIN D. BOESIGER PERRY D. ALEXANDER TIMOTHY J. BARNARD STEPHANIE J. BOFF DANIEL M. ALFORD SHERRI E. BARNES STEVEN M. BOFFERDING PERRY G. ALFRED TRACY A. BARNETT JASON M. BOISVERT CRAIG W. ALLDREDGE LEROY J. BARNHILL, JR. NICHOLAS M. BOLLUM BILLY S. ALLEN ADAM W. BARRETT OSWALDO X. BONILLA CHRISTOPHER B. ALLEN JAMES J. BARRETT DAVID E. BONN CHRISTOPHER IAN ALLEN NATHAN E. BARRETT JODI A. BONNES CHRISTOPHER W. ALLEN BRYAN M. BARROQUEIRO TIMMOTHY N. BONNES DEAN C. ALLEN BRUCE D. BARRY SHAWN K. BOOHER JAMES F. ALLEN DAWN L. BARTELL DOUGLAS L. BOOSER KYLE S. ALLEN JASON R. BARTELS CHRISTOPHER E. BOOTH RONALD E. ALLEN CAROLYN R. BARTLEY THEODORE W. BORN JEARL C. ALLMAN DAVID R. BARTLEY III CLARA B. BOROS LANCE P. ALLRED ZACHARY D. BARTOE WILLIAM B. BORRON JOSUE A. ALOMAR CHARLES J. BARTON JONATHAN BORTLE RONALDO D. ALOMBRO JAMES R. BARTRAN II JEFFREY K. BOSQUE BRADLEY D. ALTMAN BRAD J. BASHORE JASON M. BOSWELL PIERRE P. ALVARADO TROY D. BASNETT MICHAEL L. BOSWELL PAUL ALVAREZ PATRICK J. BASS CARL B. BOTTOLFSON STEVEN M. ALVERSON BENJAMIN B. BATES JORDAN T. BOUNDS RALPH D. ALVORD SCOTT A. BATES BENJAMIN E. BOURCY MARK A. AMENDT BRIAN K. BATSON JASON T. BOWDEN NICHOLAS J. AMENTA ARIEL G. BATUNGBACAL ARNOLD H. BOWEN MATTHEW B. AMIG MARGARET M. BAUCOM GEOFFREY G. BOWMAN MARCO H. AMINNI MICHAEL C. BAUMGARTNER CHARLIE W. BOYD, JR. CRAIG A. ANDERS LEO J. BAUSTIAN JAMES D. BOYD CLARENCE ANDERSON III CLIFFORD M. BAYNE WILLIAM F. BOYD DAVID B. ANDERSON JAMISON D. BAYSDEN DAVID M. BOYER DAVID M. ANDERSON RICHARD A. BAYSINGER JOE T. BOZARTH IV DAWN D. ANDERSON TIMOTHY BAZZLE STEPHEN C. BRADDY JAMES R. ANDERSON JOHNATHAN R. BEACH WESLEY P. BRADFORD JEFFREY H. ANDERSON ROBERT J. BEAL DANIEL J. BRADLEY KELLY S. ANDERSON JASON M. BEAN KENNETH C. BRADLEY LAMONT D. ANDERSON THOMAS M. BEAN MICHAEL E. BRADLEY MARK C. ANDERSON CASEY M. BEARD SCOTT R. BRADLEY MATTHEW E. ANDERSON JEFFRY C. BEARD SARAH E. BRAGG MICHAEL L. ANDERSON RACHEL E. BEARD CHRISTOPHER M. BRAGINTON RYAN J. ANDERSON DAVID K. BEASLEY JENNY LYNN BRAMBLETT STEPHEN G. ANDERSON CHRISTOPHER J. BEATTIE JEFFERY R. BRANDENBURG STEPHEN M. ANDERSON JOHN DONALD BEATTY SCOTT D. BRANDIMORE JIM E. ANDREWS REBECCA L. BEAUDETTE ANTHONY BRANICK TODD R. ANDREWSEN WILLIAM M. BEAUTER JENNIFER A. BRANIGAN CHRISTOPHER J. ANGLIN CHRISTOPHER D. BEAVER MICHAEL J. BRANNON ROBERT A. ANSON CAROLINE E. BECK GEOFFREY R. BRASSE DAVID S. ANTONIO PETER L. BECK TIMOTHY K. BRAWNER CORY J. ANTOSH GARY P. BECKETT DARRYL J. BRAXTON CASSANDRA P. ANTWINE EARL M. BEDNAR JOSEPH E. BRAXTON DARRELL M. APILADO BRIAN D. BEECHER SEAN C. BRAZEL GARY E. ARASIN, JR. JACK E. BEENE RAYMOND J. BREAULT JAYVIN L. ARBORE BRANDON C. BEERS DAVID K. BREGAND MICHAEL A. ARCHIBEQUE LYDIA A. BEERS KELLY W. BREKKE DAVID A. ARENDSE MEREDITH S. BEG JAMES L. BRESSENDORFF JUTTA S. ARKAN RICHARD E. BEGGS, JR. JADONNA BREWTON BRITTON LEE ARMSTRONG TIFFANY L. BEHR MATTHEW A. BRICE GEORGIA LEE ARMSTRONG JAQUENETTE C. BELKA ROGER D. BRICKLEY, JR. PATRICK D. ARMSTRONG LORENA T. BELL DAVID S. BRISTOW STEPHEN P. ARNOTT RONALD W. BELL JACOB A. C. BRITTINGHAM VICTOR L. ARTIBEY II JAMES C. BENCH DANIEL L. BRITTON SETH W. ASAY SHAWN P. BENDIG JOHN E. BROCHARD ALBERT J. ASHBY JESSE J. BENEVICH HAROLD R. BROCK GEOFFREY MICHAEL ASHBY JERRY W. BENNETT, JR. MATTHEW F. BROCKHAUS IAN C. ASHURST JOHN K. BENNETT ADAM R. BROCKSHUS DENIQUE G. ASION JOHNATHAN E. BENNETT KRISTIN M. BROCKSHUS SAMUEL L. ASTON BRADLEY R. BENSON FRANK BROOKS STEVEN L. ATKINSON EMILY C. BENSON NATHAN D. BROSHEAR STEVEN C. ATTAWAY JOHN H. BENSON STEVEN M. BROUSSARD DARIN J. ATTEBERRY CARLOS E. BERDECIA AARON B. BROWN CHANDLER P. ATWOOD ASHLEY J. BERG AARON D. BROWN KATHRYN M. AUGSBURGER GEORGE C. BERG ERIC M. BROWN MICHAEL L. AUL JENNIFER C. BERGER JEFFREY W. BROWN TONY A. AULTMAN JEREMY S. BERGIN JEREMY D. BROWN JENNIFER M. AUPKE SCOT M. BERK KEVIN L. BROWN JAKE K. AUSTIN JONATHAN E. BERNACKI LEROY BROWN, JR. JAMES H. AUSTIN DAVID BERRIOS RHETT W. BROWN JOE J. AUSTIN II EDWIN J. BERRIOS TRAVIS K. BROWN PHILLIP A. AUSTIN JAY A. BERTSCH WILLIAM P. BROWN NELSON AVILESFIGUEROA ANDREW P. BERVEN JAMES R. BROWNING THOMAS F. AVILUCEA SHAWN P. BESKAR MARSHALL L. BROWNLEE TAREK J. AWADA WILLIAM J. BESS, JR. PHILIP N. BROYLES JOHN E. AWE III REGINALD D. BEST DOUGLAS R. BRUCE PETER M. AXT MATTHEW D. BETHEL KURT M. BRUGGEMAN MARLON A. AYERS MIRCEA M. BIAGINI JUSTIN P. BRUMLEY GERRED J. AYRES ERNEST T. BICE STEPHEN BRUNE FRANK A. AZARAVICH STEPHEN F. BICHLER CHRISTOPHER B. BRUNELLE JEREMY S. BABB DAVID G. BIEGER MATTHEW P. BRUNO PAUL T. BABIARZ TIMOTHY S. BIGGS SARAH K. BRUNO BONIFACIO BACA, JR. GARRET J. BILBO PAUL J. BRYAN II MARCOS MANUEL BACA SHAYLOR BILLINGS CHRISTOPHER L. BRYANT NANCY L. BACCHESCHI STACIE N. BILLINGTON GORDON BRYANT III JAMES A. BADGETT JUSTIN R. BINDER PHILIP A. BRYANT NANCY E. BADGETT RICHARD A. BINGAMAN MATTHEW J. BUBAR JASON F. BAGGETT ZEB SCOTT BIRDWELL MICHAEL D. BUCHANAN RODNEY B. BAGLEY RONNIE H. BIRGE, JR. DOUGLAS C. BUCHHOLZ BRYAN M. BAILEY GARY L. BISHOP II DARRYL E. BUCK ERIC D. BAILEY HUBERT B. BISHOP LEAH J. BUCKLEY MELISSA A. BAILEY KEVIN J. BISHOP BOBBY D. BUCKNER, JR.

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JOHN T. BUCKREIS CAMILLE A. CHIGI BARRY D. CROSBY ADAM J. BUCZYNSKYJ CARLOS E. CHIRIVI BARNARD CROSS KEVIN G. BUDAI KELII H. CHOCK MICHAEL E. CROSSE CHERYL N. BUEHN EUGENE L. CHOI JAIME A. CROSSLER CAMDEN J. BUELL PAUL J. CHOI RAY E. CROTTS II KATE C. BUFTON JAMES M. CHRISTENSEN JAMES S. CRUM JONATHAN J. BUIE LISA H. CHRISTENSEN DANIEL J. CRUZ PETER B. BUIKEMA MICHAEL WAYNE CHRISTENSEN ERNEST CSOMA TRACY A. BUNKO SCOTT D. CHRISTENSEN PEDRO CUADRA III SAMUEL A. BUNTON STEVEN D. CHRISTENSEN RUSSELL B. CUENCA BRIAN J. BURGER TRAVIS E. CHRISTENSEN ANDREW J. CULLEN DONALD S. BURKE TY CHRISTIAN LANDON H. CULPEPPER PATRICK BURKE JOHN A. CHRISTIANSON DEVIN J. CUMMINGS NOEL G. BURKETT PAUL J. CHRISTIE JOSHUA S. CUMMINGS MATTHEW G. BURKINSHAW ALEXANDER C. CHRISTY SHANNON CHRISTOPHER CUMMINS BRYON J. BURKS STEPHEN M. CHUPP, JR. CHRISTOPHER K. CUNNINGHAM JEFFREY J. BURLEY DONOVAN CIRINO JAMES A. CUNNINGHAM DENISE M. BURNHAM MICHAEL D. CLAPPER MARCUS A. CUNNINGHAM ASHLEY R. BURRILL BRIAN P. CLARK ROBERT M. CURETON CHARMAINE BURRIS CHERIE N. CLARK DAVID W. CURL MATTHEW M. BURY GARFIELD T. CLARK DOUGLAS M. CURRAN KENNETH C. BUSH JASON G. CLARK ROBERT D. CURRAN KEVIN R. BUSH NATHAN D. CLARK PATRICK W. CURRIE ROSAIRE V. BUSHEY ROBERT B. CLARK BRENT W. CURTIS CASEY P. BUSTA RONALD J. CLARK KATRINA L. CURTIS EDWARD L. BUSTLE THOMAS B. CLARK ALEJANDRA CZERNIAK PAUL F. BUSUTTIL, JR. MATTHEW R. CLAUSEN DAVID M. CZESAK ROBERT J. BUTLER KEVIN L. CLAYTON SCOTT ALAN CZUBA SHELLEY A. BUTLER CHARLES A. CLEGG NASIMA N. DADA TOMMY R. BUTLER ROBERT D. CLEMENTS DANIEL W. DAEHLER BRIAN E. BUTSON JASON K. CLIFFORD RAYMOND L. DAGLEY MATTHEW T. BUTTERWORTH MICHAEL R. CLINE DANIEL E. DAHL LARRY GENE BUYCKS, JR. SCOTT D. CLINE JUSTIN T. DAHMAN ROBERT P. BYROM GARY A. CLINTON, JR. MICHAEL J. DAIGH SANDRA C. BYRUM MICHAEL A. CLIVE AARON D. DAILEY EMERSONN C. CABATU KAY JENNA CLODFELTER KENNY W. DAILEY JOSHUA A. CADICE RONALD V. CLOUGH TIMOTHY D. DALBY PEDRO A. CAETANO JASON E. CLUCHE JEFFREY H. DALE JARED R. CAFFEY JOHN N. COATS, JR. JAMES A. DAMATO CHRISTOPHER GARY CAIN ERIK A. COBB GABRIEL A. DAMICO MARK S. CALDWELL KENNETH L. COBB DAVID C. DAMMEIER CHRISTOPHER M. CALLAHAN NICHOLAS F. COBB CORY M. DAMON SEAN M. CALLAHAN ERIK D. COBBS JOHN J. DAMRON SEAN M. CALLAHAN KEVIN W. CODRINGTON MIKEL S. DANIEL JENNIFER L. CALLARO STEVEN L. COFFEE TRACY A. DANIEL JOSEPH J. CALLARO ROBERT W. COFFEY BRIAN D. DANIELS RICARDO L. A. CAMEL BRIAN D. COFFIELD ERIC C. DANIELSEN CHARLES S. CAMERER, JR. MICHAEL H. COHEN JAMES A. DANIK LOUIS M. CAMILLI JAMES MICHAEL COHN MARY B. DANNER JONES ROD K. CAMP DANIEL J. COIL BRADLEY D. DARLING SEAN M. CAMP JEFFREY T. COLBURN TINA L. DAUZAT FORREST S. CAMPBELL III JOSEPH N. COLE JAMES W. DAVID JEFFREY E. CAMPBELL VERLAN R. COLE JOHN L. DAVIDS JOSEPH M. CAMPBELL ANTHONY C. COLELLA PAUL T. DAVIDSON KEVIN F. CAMPBELL ROLLAND J. COLEMAN DENNY R. DAVIES MATTHEW G. CAMPBELL HECTOR L. COLLAZO EDWARD DAVIES IV WILLIAM W. CAMPBELL STEPHEN F. COLLETTI DANIEL F. DAVIS SEAN G. CANFIELD JOHN M. COLLIER JEFFREY S. DAVIS CHRISTOPHER C. CANNON JORDAN S. COLLINS JOHN S. DAVIS PEGGY L. CANOPY MICHAEL J. COLLINS KEVIN J. DAVIS OMAR CANTU NICHOLOUS M. COLLINS MARK E. DAVIS ELLEN T. CANUPP VICTOR A. COLON MATTHEW JON DAVIS JUSTIN RICHARD CAPPER JEREMY W. COLVIN MATTHEW T. DAVIS BRIAN P. CARAMELLO JEREMY W. COMSTOCK PETER C. DAVIS KENNETH L. CARD ANDREW B. CONGDON ROBERT D. DAVIS CHRIS E. CARDEN MICHAEL A. CONLAN JERRY DAVISSON ROBERT D. CARDEN LYNETTE CONLEY MATTHEW W. DAWSON ANDRE A. CARDOZA KIT R. CONN YOLANDA S. DAWSON BRYAN C. CARDWELL WILLIAM G. CONNELLY, JR. JEFFERY H. DAY JONATHAN J. H. CARLE MICHAEL J. CONNOR, JR. TIMOTHY J. DAY JAMES R. CARLSEN CHRISTOPHER E. CONRAD MATTHEW DEAN BRYAN L. CARLSON SETH A. CONSTIEN WILLIAM B. DEAN RANDALL E. CARLSON JAMES A. CONWAY ARNOLD R. DEASIS MARISSA A. CARLTON CARL E. COOK, JR. KENNETH A. DECHELLIS KENNETH R. CARMICHAEL DAVID A. COOK DANIEL DEVON DECKER KEVIN W. CARMICHAEL TIMOTHY J. COOK STEPHAN R. DEHAAS CHRISTOPHER M. CARNEY TODD M. COOK ISMAEL DEL VALLE SANCHEZ MONTGOMERY S. CARPENTER MARK S. COOKE DELFINARIEL C. DELACRUZ ANDREW D. CARR WILLIAM B. COOKE MONIQUE C. DELAUTER FERNANDO C. CARREON BRYAN G. COOPER ARMANDO DELEON, JR. KEVIN J. CARRIGAN JAMES A. COOPER NORA E. DELOSRIOS RENE N. CARRILLO CHRISTOPHER J. COPE KEVIN J. DENBOER MICHAEL CARRIZALES FRANK J. COPOUS JEFFREY R. DENNIS BENJAMIN L. CARROLL BRIAN L. COPPER, JR. SCOTT E. DENNY DAVID M. CARROLL PAUL E. COPPER LANAGHAN L. DENT PATRICK G. CARROLL SHANE A. CORDREY ROBERT A. DEPPERSCHMIDT THOMAS M. CARSON JESSICA C. COREA SCOTT WILLIAM DERENZY DAVID C. CARTER DANIEL A. CORINDIA MICHAEL P. DEROSA GEORGE CARTER ROBERT W. CORLEY CHRISTOPHER W. DEVILLE JOHN D. CARTER CHRISTINA J. CORNELIUS NATHAN K. DEVONSHIRE RICHARD K. CARTER KIWEDIN D. CORNELL KEVIN G. DEWEVER J. B. CARTERET III JOHN W. CORNETT JASON E. DEWITT RYAN D. CARVILLE LUIS F. CORREA, JR. HEIDI L. DEXTER KELLY D. CASE MATTHEW D. CORRIGAN WILLIAM T. DEXTER LUKE B. CASPER RYAN P. CORRIGAN RUDI F. DIAMCO KIRT J. CASSELL WILFREDO CORTEZ DANIEL DIAZ, JR. DAVID J. CASWELL JOSEPH A. COSLETT, JR. RICARDO M. DIAZ MARISA L. CATLIN JESUS M. COSME ROBERT L. DIAZ WILLIE F. CAUDILL ANDREW J. COSTELLO NICHOLAS K. DICAPUA GREG V. CAVALLARO SERGIO A. COSTILLA JENNIFER L. DICARLO KRISTEN L. CAVALLARO JAMES D. COUCH JACK T. DICKENSON DAWN RENEE CECIL BRIAN K. COUGHLIN DAVID C. DIEHL HENRY D. CECIL LOREN M. COULTER JUSTIN L. DIEHL VINCENT M. CERVETTI MELISSA M. COUTURE VIRGINIA DIEHL HOLLY A. CHADWICK CLAUDIO G. COVACCI PATRICK T. DIERIG JOHN M. CHAMBERLIN V ROBERT A. COX, JR. HOLLIE N. DIESSELHORST JASON D. CHAMBERS ANDREW P. CRABTREE JEFFREY T. DIGSBY MARK A. CHAPA DONALD C. CRABTREE FRANK T. DILLARD, JR. MICHELLE M. CHARLESTON DANIEL A. CRAIG LIZA DANIELLE DILLARD CHRISTOPHER M. CHASE HAROLD L. CRAMER II ANDREW E. DILLION DANA N. CHATMAN VICTORIA L. CRAMER BRANDON S. DILLON ANNALAURA CHAVEZ JODY L. CRAMPO WAYNE K. DIRKES STEPHEN J. CHENELLE MICHAEL C. CREEDON KURT J. DISTELZWEIG JOHN A. CHESSMAN KEVIN M. CROFTON JOSEPH A. DITLOW JOHN A. CHESTER BARRY A. CROKER JEREMIAH C. DIXON STEVEN M. CHETELAT MICHAEL J. CROOK TAM T. DO MICHAEL V. CHIARAMONTE BRIAN O. CROOKS DUANE F. DOBBINS

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KENNETH L. DOBBS BRIAN W. FIELDEN MICHAEL D. GEIGER MATTHEW C. DOBERMAN CLARENCE FIELDER, JR. CHRISTOPHER D. GEISEL LEROY J. DOBY JASON N. FIELDS JEREMY K. GEISS JAMES N. DOLE MICHAEL E. FIELDS BRIAN J. GENELIN GENE DOLLARHIDE RAMON G. FIERROS, JR. MEGAN L. GENTRY BRAD ADRIAN DONALD AMANDA R. FIGUEROA CHADWICK T. GERDES BRANDON L. DONALDSON JESUS R. FIGUEROA ARTHUR B. GERHART PETER J. DONNELLY SHANA S. FIGUEROA MICHAEL P. GERMANY ABION C. DORHOSTI DOUGLAS J. FIKE GIUSEPPE E. GIADONE AARON P. DORIANI ERNEST L. FILES II RICHARD H. GIAMPIETRI PAUL R. DORRANCE JACHIN M. FINCH DANIEL GIANNAVOLA MICHAEL D. DOSTIE JOSHUA R. FINCH CHRISTOPHER G. GIBBS TRACE E. DOTSON KEVIN R. FINDLEY SEAN R. GIBBS JOSHUA R. DOTY DAVID I. FINK PATRICK N. GIGGY KYLE W. DOUGLAS AARON W. FINKE ANDREW P. GILBERT LUTHER E. DOUGLAS ANDREW J. FINKLER JONATHAN M. GILBERT BRANDON K. DOW SHAWN R. FINNICUM JUSTIN M. GILBRETH STEPHEN C. DOWD THOMAS R. FIORDELISI AARON M. GILL JEREMY H. DOWNS MICHAEL S. FISCHER GRANT A. GILL CONNIE R. DOYLE BRETT W. FISH WILLIAM B. GILL DAVID J. DRASS ADAM C. FISHER KENDALL D. GILLESPIE AMY N. DRISKELL ANDREW T. FISHER PATRICK D. GILLETTE MATTHEW S. DROSSNER DUANE L. FISHER DOUGLAS E. GILLIAM JESSE L. DUBBERLY GARRETT C. FISHER JASON F. GINEZ DANIEL L. DUBOIS CHRISTOPHER S. FITZGERALD JAMES M. GINGRAS EPHANE B. DUBOSE CHRISTOPHER E. FLANDERS JUSTIN E. GINTHER KRISTOFER W. DUCKETT RICHARD E. A. FLETCHER III ROBERT G. GIOVANNETTI KARL F. DUERK DWAYNE B. FLORENCE JEFFREY A. GIPSON GREGORY F. DUFFY JOHN J. FLORKO DARIEN L. GIST KURT A. DUFFY DAVID E. FLYGARE DONALD L. GITHENS PATRICK O. DUGAN JASON E. FODOR REX K. GLADDEN, JR. JEAN M. DUGGAN TIMOTHY J. FOERY ANDREW J. GLASS DAVIS L. DUGGER CINDY G. FOLEY TRAVIS W. GLAUSER JOSEPH J. DUHON, JR. ROBERT D. FOLKER, JR. JASON E. GLENN DENNIS M. DUKE CHRISTOPHER J. FONTANA AMY M. GLISSON MICHAEL W. DUNCAN JOHN V. FONTEJON ARCHIE E. GODWIN JOHN E. DUNLAP MATHEW L. FONTINEL SPENCER E. GODWIN CHRISTOPHER L. DUPRE ALIDA E. FORBES JAMES W. GOEPPINGER STEPHEN R. DURAN TIMOTHY J. FORBES MICHAEL A. GOLDBAUGH JEFFREY M. DURAND JAMES P. FORD GERREMY L. GOLDSBERRY JONATHAN P. DURHAM ROBERT B. FORE JOE E. GOLDSWORTHY DANIEL E. DURR JENNIFER L. FORMELL MICHELLE L. GOMBAR ERIK L. DUTKIEWICZ MICHAEL S. FORTE JAVIER A. GOMEZ DANIAL E. EASTMAN TAMMY M. FOSTER KNIGHT MICHAEL A. GOMEZ CHALENE A. EBER TIMOTHY P. FOSTER DONOVAN R. GONZALEZ GEORGE M. EBERT THERESA M. FOUNTAIN GERARDO D. GONZALEZ JARROD J. EBNER ANTHONY T. FOWLER JESUS R. GONZALEZ LEWIS R. ECCLESTON, JR. CODY P. FOWLER THOMAS E. GONZALEZ JOHN F. ECK, JR. GRANT M. FOWLER SEAN C. GOODE DANIEL A. EDGAR JOHN D. FOWLER MICHAEL W. GOODMAN PHILLIP M. EDGAR KIMBERLY A. FOX NEILL E. GOODMAN COREY K. EDMONDS JOHN D. FOY ADAM E. GOODPASTURE CALEB W. EDMONDSON JOSHUA T. FRAKES ALLISON S. GOODSPEED ALEX C. EDWARDS CRAIG J. FRANKE JAY P. GOODWIN COLBY BRANDON EDWARDS JERRY L. FRANKLIN, JR. JESSE W. GOOLSBY EUGENIA LOCKLAR EDWARDS PAUL A. FRANTZ GLEN I. GOOSSEN GORDON L. EDWARDS TARSHA L. FRAZIER CLAUDIA GORTVA NICHOLAS J. EDWARDS JEROME FREDERICK, JR. MICHAEL R. GOSMA SHAY L. EDWARDS PAUL W. FREDIN STEVEN J. GOUDEAU STEPHEN T. EIDE NATHAN P. FREDRICKSON EARTHAN J. GOULDING WAYNE E. EIKENBERRY THOMAS A. FREELAND III ROBERT MARTIN GRACE, JR. JOHN P. EKHAML JASON K. FREELS MICHAEL W. GRADOS BRIAN ELLIS JAMES A. FREEMAN SHELIA A. GRADY ELLEN M. ELLIS BENJAMIN H. FREER MICHAEL E. GRAFF MICHAEL P. ELLIS RACHEL G. FREESTROM ANNIE JENKINS GRAHAM BRIAN A. ELMERICK JAMES R. FRENCH, JR. ERIC ENRIQUE GRAHAM JOHN D. EMERY KIMBERLY J. FRENCH LOFTIN B. GRAHAM DAVID R. EMS ANDREW M. FREY, JR. NICHOLAS C. GRAHAM ERIC J. ENGELMANN DAVID A. FRICK PAUL R. GRAHAM JONATHON C. ENGEMANN BRADEN E. FRIDAY SHARONDA L. GRAHAM TAONA A. ENRIQUEZ JOSHUA S. FRIEBEL VIRGINIA C. GRAHAM ROCKWELL T. ENTWISTLE FRANCIS D. FRIEDMAN MONICA D. GRAMLING MAKIA B. EPIE WILLIAM C. FRIEDRICH, JR. BRYAN W. GRANGER JASON B. ERB SAMUEL A. FRIEND JACQUELINE M. GRANT MATTHEW D. ERNEST KEITH D. FRIOT DAVID M. GRASSIE RICHARD D. ERNEST ALEXANDER D. FRISCH ANDREW J. GRAY DAVID R. ERPELDING WILLIAM G. FROST ATLEY M. GRAY II LOUIS L. ESCAMILLA, JR. BRIAN J. FRY DAVID J. GRAY PATRICK T. ESKEW SCOTT J. FRYE EDMOND V. GRAY CHRISTOPHER M. ESTERLINE IAN FRYMAN JASON I. GRAY MATTHEW G. ETLINGER BRIAN P. FULMER MARK C. GRAY CURTIS EVANS MICHAEL R. FULTON STEPHEN E. GRAY KIMBERLY A. EVANS HARVEY GABER WALTER D. GRAY RYAN K. EVANS MATTHEW C. GAETKE BRIAN M. GREEN SEAN M. EVANS JARRETT R. GAFFORD JASON H. GREEN KEITH W. EVELAND SEAN E. GAGNON JOSEPH GREEN ROBERT J. EVERDEEN DAVID D. GALAWAY MICHAEL A. GREEN, JR. THOMAS G. EWERT DAVID E. GALLAGHER ROBERT A. GREEN MICHAEL T. EWINGS JEFFREY E. GALLAGHER TEVAN O. GREEN JOSE E. FADUL BRENT K. GALLANT ROGER T. GREENWOOD TODD W. FAIRFIELD FREDRICK GALLEGOS BRENT A. GREER MITCHELL R. FAIT GARY C. GALLET MICHAEL P. GREESON OLUYOMI T. FAMINU ERIC C. GAMAUF SCOTT A. GREGG KENNETH C. FANN RICHARD F. GANSKE STEVEN L. GREGOR SCOTT S. FANN JOSEPH M. GAONA MIKEL D. GREGORY JONATHAN D. FARISS ANDREW M. GARCIA SHARON L. GREGORY PAUL M. FARLOW HENRY GARCIA, JR. CASEY M. GRIDER KIRBY D. FARMER TANYA S. GARCIA JOHN D. GRIEGER JAMES R. FARROW BENJAMIN DAVID GARDNER EDWIN B. GRIER TIMOTHY W. FAST EVAN H. GARDNER JAY THOMAS GRIFFIN JOHN J. FAY, JR. RANDALL E. GARDNER JON PAUL GRIFFIN ANGELINDA D. FEDDEN RYAN J. GARLOW RUSSELL E. GRIMES JAMES FEDORKA MICHAEL R. GARMAN CHRISTIAN L. GRIMM JOHN C. FELDT JEFFREY A. GARNER DAVID C. GRIMM PEDRO R. FELICIANO III JOHN W. GARRISON JONATHAN P. GRIMM BRIAN P. FELLER JIMMY J. GARY JULIE A. GRIPPO DENNIS C. FELTENBERGER STEPHEN P. GARY JEFFREY T. GRITTER EDWARD G. FERGUSON JUAN M. GARZA JOHN A. GROFF MELANIE A. FERGUSON VIDAL S. GARZA CHAD E. GROSS STACEY L. FERGUSON HERMAN D. GASKINS, JR. JEFFREY T. GROSS CHRISTOPHER A. FERNENGEL MICHAEL T. GASTON PETER R. GROSSENBACH KELLY E. FESEL DAVID A. GATES STEPHEN T. GROVE MICHAEL B. FESSLER PHILIP E. GAUSE MICHAEL A. GROWDEN KENNETH H. FETTERS JONATHAN J. GAUSTAD ZACKARY S. GUENARD JASON A. FEURING MARK D. GEARO CHAD M. GUGAS JEFFREY C. FEURING CHARLES GEE, JR. BOBBY D. GUIDRY ROBB B. FIECHTNER THOMAS J. GEFFERT JEREMIAH S. GUILD

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COY GULLETT KATHERINE Y. HETLAND DEAN R. JACKSON BENJAMIN D. GUNN JOSHUA E. HIAM DOUGLAS JACKSON, JR. MATTHEW C. GUNN MICHAEL B. HIATT FRED B. JACKSON, JR. SCOTT A. GUNN BRAD W. HICKEY JAMES D. JACKSON LACY JAMES GUNNOE KRISTA M. HICKMAN JIM F. JACKSON SCOTT GUPTILL KEVIN D. HICOK KEVIN J. JACKSON ERIC J. GUTIERREZ AMANDA S. HIGGINS MARCUS J. JACKSON SAMUEL D. GUY NATHAN A. HIGGINS PATTIE K. JACKSON THOMAS R. GUYER GREG A. HIGNITE MATTHEW J. JAEGER AARON S. GWIN GENE H. HILDEBRAND HAYLEY S. JAMES ERICA MARIE L. HAAS JACOB N. HILES BRYAN D. JANDORF ANDREW S. HACKLEMAN BRANT C. HILL JOHN W. JANSHESKI EGAN I. HADSELL JOHNNY F. HILL MARK J. JARRETT ROBERT E. HAGEN JOHN T. HIMES MATTHEW C. JARRETT AARON S. HAGER CONOR W. HINEY MATTHEW C. JASPERSON SETH J. HAIGH BYRON J. HINRICHSEN LUKE DANIEL JAYNE ASHTON D. HAINGE NEAL H. HINSON JEFFREY W. JEFFERS CARMEN JAIME HALE KRISTIN B. HIPPS LANDA K. JEFFERY DANIEL T. HALE DANIEL S. HOAK JONATHAN R. JEFFRIES DOUGLAS R. HALE BRIAN G. HOBBS PAUL A. JELINEK ANDRE J. HALL SHAWN HOBBS JAMOYA N. JEMISON EDDIE B. HALL III STEPHEN A. HOBBS GREGORY SCOTT JENKINS GUYMON R. HALL HAROLD E. HOBGOOD STEPHEN S. JENKINS KEN M. HALL, JR. JAMILA S. HODGES BENJAMIN DENMARK JENSEN LEVI B. HALL BENDICK K. HOEG FELICIA C. JENSEN MATTHEW P. HALL PAUL B. HOFF JAMES C. JENSEN TIMOTHY S. HALL STEPHEN M. HOFFERT MATTHEW V. JENSEN TREVOR N. HALL GARRETT K. HOGAN MICHAEL J. JENSEN WILLIAM N. HALL JEFFREY N. HOGER PAMELA K. JESSEN ZACHARY G. HALL MCARTHUR HOGLUND KELLEY K. JETER JAMES D. HALLAGIN ANDREW J. HOISINGTON MICHAEL J. JEWELL CHARLES C. HAMILTON WAYNE E. HOLBECK HECTOR JIMENEZ ERIC H. HAMILTON BEAUREGARD J. HOLCOMBE WILLIAM D. JIMENEZ JESSE L. HAMILTON WESLEY R. HOLCOMBE DAVID F. JOHN ROBERT S. HAMILTON COURTNEY R. HOLLAND PETER F. JOHNCOUR KENNY W. HAMLETT TREVOR C. HOLLIS NORMAN C. JOHNS ERIN L. HANCOCK WENDY A. HOLLOWAY BRIAN P. JOHNSON JAMES D. HANNA, JR. JOSHUA M. HOLMES CECIL E. JOHNSON LANCE C. HANNAN KENNETH W. HOLMES CHARLES C. JOHNSON DAVID W. HANSELL GREGORY D. HOLMGREN CREG A. JOHNSON CHRISTOPHER M. HANSON ZANE A. HOLSCHER DAVID A. JOHNSON, JR. MARK A. HANSON JOHN L. HOLT DAVID W. JOHNSON MATTHEW E. HANSON STEPHEN R. HOLT EUGENE JOHNSON III MICHAEL O. HANSON II DAMION L. HOLTZCLAW JAMES E. JOHNSON MARK A. HARBISON RICHARD A. HOLTZMAN JAMIE M. JOHNSON JANELLE T. HARDEN JACKSON GARY S. HOOD JEFFREY L. JOHNSON MATTHEW D. HARGIS TIMOTHY N. HOOD KENNETH W. JOHNSON WILLIAM R. HARGROVE PATRICK J. HOOK LEONARD W. JOHNSON, JR. WILLIAM R. HARJES BRENT G. HOOPER MELINDA B. JOHNSON THOMAS P. HARLEY BRIAN D. HOOSE NICHOLAS J. JOHNSON CEDRIC D. HARPER WILLIAM CHARLES HOPE PETER L. JOHNSON ANDREW J. HARRINGTON ROBERT E. HORN RONALD D. JOHNSON JARED R. HARRIS STEPHEN J. HORSMAN II SARAH J. JOHNSON JASON O. HARRIS DANIEL C. HOSLER SHAWN A. JOHNSON JOSEPH S. HARRIS DOUGLAS H. HOUSE WILLIAM R. JOHNSON MICHELLE K. HARRIS JASON P. HOUSTON JEREMY A. JOHNSTON NATHAN S. HARRIS TIMOTHY R. HOUSTON KRISTOFER B. JOHNSTON TERRY V. HARRIS ALFONZA E. HOWARD KYLE J. JOHNSTON TYLER B. HARRIS WILLIAM J. HOWARD MATTHEW R. JOHNSTON VICTOR R. HARRIS GARY L. HOWELL II PHILLIP W. JOHNSTON CARINA R. HARRISON LISA M. HOWELL ROBERT L. JOHNSTON RYAN A. HART TODD A. HOWEY BRIAN T. JONES JAMES HARTHAUSEN RYAN A. HOWLAND CHRISTOPHER JONES JAMEY L. HARTSEL JUSTIN S. HSIA DAVID NATHANIEL JONES ALYSIA R. HARVEY PETER R. HUDLOW HENRY L. JONES, JR. COREY R. HARVEY JAMES W. HUDSON JOHN R. JONES BENJAMIN B. HATCH ANDREW D. HUFFMAN NEVAH M. JONES STEVEN S. HATCHER DAVID S. HUFFSTETLER RICHARD R. JONES DAVID W. HATTON JAMES D. HUGHES SEANA ARNETTE JONES JASON A. HAUFSCHILD JASON G. HUGHES TROY D. JONES HAROLD C. F. HAUGLAND II MICHAEL C. HUGHES MICKEY JORDAN JESSICA M. HAUGLAND RYAN J. HUGHES VIRGIL A. JORDAN BRIAN D. HAWS SCOTT T. HUGHES JANICE G. JOSEPH ALEXANDER T. HAWTHORNE TRAVIS R. HUGHES LORI D. JOSEPHSON JOSHUA HAYBURN WILLIAM J. HUGHES NOEL P. JOSEPHSON RYAN T. HAYDE GREGORY P. HUHMANN ERIC J. JOURET CASEY P. HAYDEN MATTHEW J. HUIBREGTSE THOMAS A. JOYNER JOHN B. HAYES BRIAN D. HULL SIEGFRIED B. JUCKNIES JONATHAN B. HAYES RICHARD J. HULUN MICHAEL T. JUDICE MICHAEL D. HEAD CLAY J. HUMPHREYS ANDREW P. JUDKINS BRIAN P. HEALY PAUL H. HUNKE LOUIS C. JULIANO RODNEY HEARD COREY M. HUNT MICHAEL J. JUNGQUIST JARED E. HEATH MATTHEW B. HUNT TIMOTHY P. JURGENS WALTER D. HEATHCOAT SHAUN C. HUNT KELLY R. JUST HOLLY A. HECTOR STEPHEN M. HUNT CHARLES J. KAISER DANIEL H. HEIL ANDREW P. HUNTER NATHAN V. KAISER CHRISTOPHER R. HEINNING JEFFREY W. HUNZIKER MARJORIE E. KAJEWSKI KATHRYN O. HEINZ ANDRE MICKAEL HUSCKO LARA KALINCRISTOFORI RONALD F. HELF AMY S. HUSMANN BENJAMIN S. KALLEMYN CHRISTIAN P. HELMS JAMES M. HUSO DERRICK L. KALLMAN FREDDIE L. HELTON ALLEN D. HUSTED BENJAMIN A. KAMINSKY JASON W. HELTON BRIAN J. HUSTER DINA L. KAMPA MARTIN D. HEMMINGSEN DAVID D. HUSTON THOMAS B. KANEWSKE KENNETH P. HENDERSON AMANDA M. HUTCHISON TAMERLANE KANGAS RICHARD W. HENDERSON SHANNON BAKER HUTCHISON ASHOK N. KAPADIA SETH A. HENDERSON RICHARD L. HUTH CHRISTOPHER S. KAPP STEVEN R. HENDERSON TIMOTHY J. HUXEL MIROSLAV P. KARAMARINOV JOHN D. HENDRICKSON ANDREW W. HYATT ANDREW S. KARAS CONSTANCE D. HENDRIX MILO W. HYDE IV JAMES W. KARNES JAMES B. HENDRIX, JR. BENJAMIN P. IACHINI NATHANAEL L. KARRS CURTIS D. HENLEY JASON W. IDLEMAN JONATHAN N. KASSEBAUM GEORGE M. HENNEY ROBERT D. IHRIG MICHAEL M. KAWAN LILIANA Y. HENRIQUEZ ROGER A. ILLARI DAVID M. KAYA CARMAN E. HENRY WON IN KEVIN J. KEANEY JOHN M. HENSZ MICHAEL A. INGRAM MICHAEL A. KEARNEY MATT R. HEPP MATTHEW L. INSCOE MICHAEL A. KEE HENRY G. HEREN IV DUSTIN R. IRELAND NATHAN T. KEETHLER SCOTT J. HERMANN JOHN J. ISACCO LANCE M. KEITHLEY DAVID P. HERN ANTHONY ISGRO CHRISTOPHER J. KELLER CARLOS A. HERNANDEZ RYAN W. ISOKANE GREGORY G. KELLER JOHN MICHAEL HERRINGTON LUCIAN E. IVAN TODD L. KELLER TAYLOR O. HERRON JASON L. IVES MATTHEW D. KELLEY ROBERT A. HERSHNER GREGORY L. IZDEPSKI BROOKE C. KELLY TRACY L. HERVEY CAMERON L. JACKSON CHRISTOPHER S. KELLY WILLIAM H. HESKETH III CASEY A. JACKSON M. TODD KELLY CHAD R. HESS CHRISTOPHER C. JACKSON MICHAEL S. KELLY MICHAEL P. HETHCOCK CLIFF C. JACKSON RAYMOND KELLY, JR.

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SEAN B. KELLY CRAIG D. LARSON ALFREDO LUGO JODI S. KELSEY KASS W. LARSON MATTHEW T. LUND DEBORAH A. KENDALL KEITH A. LARSON JENNIFER D. LUOMA CHRISTOPHER A. KENNEDY MATTHEW R. LARSON WILLIAM D. LUTMER ROME E. KENNEDY PAUL C. LASH CHARLES W. LUTTER III ANDREW J. KENNEY CHAD J. LASSERE JACOB C. LUTTERMAN DANIEL R. KENNY CORY S. LASSITER STEVEN B. LYMAN PHYLLIS H. KENT JOSE L. LASSO MICHAEL T. LYNCH JOSHUA J. KENYON ERNEST D. LASTER JEFFREY P. LYNN CHRISTOPHER G. KEOWN CRAIG P. LAUDERDALE, JR. MICHAEL D. LYNN ALAN C. KERKMAN CLAYTON R. LAUGHLIN AUDRA LYONS WILLIAM E. KERR JUN M. LAURETA FRANCIS R. LYONS IV SAMUEL A. KESSLER TIMOTHY J. LAWLOR JONATHAN S. MA BRADLEY R. KESTERSON GREGORY P. LAWRENCE MASON E. MACGARVEY DEREK J. KETELSEN JONATHAN M. LAWSON CHARLES E. MACK CHRISTOPHER D. KETTERER TARRY J. LAWSON JERIMY D. MACLELLAN THOMAS R. KETTLES, JR. DARRYL M. LAYE CHRISTOPHER L. MADDOX MICHAEL A. KHOSROVANI ANDREW T. LAZAR JOHN J. MADSEN KORY S. KIEFER DUNG T. LE JONATHAN C. MAGEE STACY A. M. KIHARA JEREMY D. LEACH ROBERT P. MAGEE TERRENCE R. KILGORE JOHN R. LEACHMAN RANDY S. MAGLALANG NATHANIEL D. KILIAN TIMOTHY M. LEAHY MONICA L. MAHONEY JOHNPAUL KILKER SEAN A. LEAMAN SCOTT MAINWARING CHRISTOPHER J. KILLEEN JONATHAN A. LEATHERWOOD JEFFREY MALDONADO PAUL T. KILLEEN DONALD R. LEAVER II VALENTIN MALDONADO III KYLE F. KIMBERLIN JOHN R. LEBRECHT JOHN A. MALLEY JENNIFER L. KIMBROUGH JOHN E. LECHNER JACOB R. MALONE FRED A. KIMLER III ADAM T. LEE WILLIAM H. MAMOURIEH RICHARD K. KIND ANDY C. LEE ROY K. M. MAMUAD BARBARA A. KING JAMES C. LEE KEVIN C. MANDRIK DANIEL S. KING JAMES W. LEE STEVEN B. MANKINS KENNETH A. KING, JR. JONATHAN C. LEE STEPHEN C. MANLEY MARK A. KING LAUREL C. LEE MATTHEW R. MANNING NORBERT A. KING II MARK W. LEE MICHAEL J. MANNING TERESA A. KING PETER J. S. LEE MATTHEW J. MANNS MICHELE D. KINLOCK ROBERT A. LEE, JR. MICHAEL G. MANRY WAYNE C. KINSEL SANG M. LEE BRIAN J. MANSFIELD LISA A. KIRSCH SEUNG H. LEE DAVID W. MARCE CHARLES E. KISTLER DEREK ANTONIO LEGGIO SHANE C. MARCHAND LARRY KITCHEN, JR. GERALD A. LEHMANN RUSTY E. MARDIS CHRISTOPHER C. KLAIBER SHANNON MARIE LEHMKUHL JODIE L. MARES NATHAN KLATT DANIEL J. LEHOSKI NATHAN P. MARESH MENTISSA H. KLECZKOWSKI CHRISTOPHER N. LEHTO ANTHONY MARIAPAIN THOMAS C. KLECZKOWSKI BRANDON R. LEIFER ADAM T. MARKEL CATHERINE A. KLEPACKI PETE A. LEIJA JOSHUA C. MARKLAND MICHAEL D. KLEVEN MARK C. LENNON DEBORAH D. MARKS BENJAMIN S. KLINE EDDIE S. LENOS MICHAEL A. MARLATT JOHN M. KLOHR SHANE LENSGRAF JEFFERY S. MARLER JULIE A. KNECHTEL LATONYA M. LEONARD KELLI L. MAROLT DANIEL J. KNERL BRANDY C. LESLIE CHRISTOPHER G. MARQUIS JASON D. KNEUER SEANNA M. LESS JONATHAN C. MARSHALL DENNIS W. KNIGHT JOSEPH D. LETT, JR. JUAN M. MARSHALL EMILY A. KNIGHT JAMES E. LEURCK III ROBERT M. MARSHALL CURTIS E. KNIGHTEN ROBERT A. LEWIN AARON C. MARTIN JANELLE L. KOCH ALLENA V. LEWIS CHRISTINA M. MARTIN MATTHEW J. KOERSCHNER AMY A. LEWIS GREGORY A. MARTIN PATRICK J. KOLESIAK ANGELA M. LEWIS JAMES L. MARTIN JASON R. KOLLARS DENNIS C. LEWIS JAMES WILLIAM MARTIN II RONALD F. KOLODZIEJCZYK, JR. KEITH A. LEWIS JEFFREY T. MARTIN JOSEPH J. KOMENSKY, JR. MICHAEL E. LEWIS JOHN D. MARTIN CASEY L. KOPECKY RAYMOND A. LEWIS LEO A. MARTIN, JR. JOHN K. KOSOBUD ROBERT C. Q. LEWIS MELVIN A. MARTIN NICHOLAS M. KOTCH SEAN R. LEWIS ROBERT A. MARTIN ALEXANDER J. KOUTSOHERAS SUSANNAH B. LEWIS SCOTT C. MARTIN JAMES C. KOVAROVIC KENDRA L. LI TINA M. MARTIN SETH M. KOVASKITZ MICHELLE M. LIBBEY TRACIE L. MARTIN MATTHEW C. KOZAK CHARLES J. LIBRO HOMERO S. MARTINEZ III ANDREW J. KRAEMER MATTHEW J. LIEBER JOSE R. MARTINEZ MARK T. KRAEMER DARRIN M. LIENHARDT JUAN C. MARTINEZ SHERI L. KRAUS DANTE P. LIGAYA MARTIN H. MARTINEZ ANDREW B. KREBS DEREK L. LIGON DIMITRI C. MARTINI NICHOLAS G. KREISER JARED C. LILJE JOHNNIE R. MASON, JR. RYAN A. KRISTOF TIMOTHY J. LINDENBERGER DUSTIN H. MASTEN JEFFREY W. KRITSBERG DAVID M. LINTON SEAN T. MASTERS CHAUNCY V. KROL RICHARD C. LINTON JOHN P. MASTERSON JAMES E. KROTT SHANNON M. LIPPERT MICHAEL S. MASUDA ROBERT M. KRUEGER JONATHAN R. LISCOMBE BENJAMIN D. MATHER KELLY K. KRUGER JUSTIN D. LITTIG ELIZABETH B. MATHIAS JOSHUA L. KUBACZ GIBB P. LITTLE ROBERT G. MATHIS ERIC P. KUBECKA JOSEPH O. LITTLE DAMON C. MATLOCK CHRISTOPHER K. KUCHMA MICHAEL M. LITTLE JASON D. MATTHEWS GREGORY KUHN NEKITHA M. LITTLE SEWARD E. MATWICK PETER G. KUHN WARDRIAS D. LITTLE CHARLES W. MAUZE JENNIFER L. KUHNS DEWEY D. LIVELY SCOTT H. MAY PAUL B. KULPA TRACEY L. LIVENGOOD CARL WILLIAM MAYMI KEVIN R. KULZ VINCENT B. LIVIE AARON M. MAYNARD ERICH A. KUNRATH CRAIG A. LLORANCE DAVID A. MAYS AARON S. KUSTER DAVID E. LLOYD CHRISTOPHER M. MAZZEI MEHTAP KUYKENDALL GEORGE A. LLOYD, JR. JOHN S. MCAFEE DEAN D. LAANSMA SHAUN P. LLOYD JASON J. MCAFFEE KATHLEEN M. LABAHN STEVEN D. LOFTON CHRISTOPHER R. MCALEAR HEATHER E. LABARGE CHRISTOPHER LOGAN AMALIA MCCAFFREY JEFFREY A. LABRUNE AARON P. LOGEMAN GRANT W. MCCALL JULIE R. LACOUTURE ANTHONY B. LOMEDICO JOSEPH D. MCCANE MICHAEL W. LACROIX JAMES EDWIN LONG III GREGORY T. MCCANN JUSTIN D. LAFRANCE JAMES L. LONG MICHAEL A. MCCARTNEY ZACHARY M. LAIRD JEFFREY D. LONG BRYON E. C. MCCLAIN ANTHONY O. LAKIN JUSTIN A. LONGMIRE JOHN C. MCCLELLAND, JR. DANIEL S. LAMBERT EDGAR LOPEZ PATRICK K. MCCLINTOCK RODNEY W. LAMMERT CINDY J. LORD WILLIE B. MCCLINTON, JR. ROBERT E. LAMONTAGNE JOHN M. LORENZ SEAN R. MCCLUNE KRISTINA L. LAMOTHE JAMES C. LOUIE ROBERT C. MCCONNELL JAMES D. LANDERS CHRISTINE T. LOVE CARL R. MCCOY DENNY L. LANDES, JR. SUSAN M. LOVELAND JASON C. MCCRAW MARK M. LANDEZ BRIAN S. LOVELESS JASON L. MCCREE JAMES E. LANDRETH JAMES A. LOVELL, JR. JESSE S. MCCULLOCH CHRISTOPHER M. LANDWEHR JAMES H. LOVELL JAMES B. MCCULLOUGH AARON M. LANE STEVEN R. LOVETT MICHAEL T. MCDANIEL CRAIG A. LANE PATRICK R. LOWE JOHN W. MCDEVITT ERIC S. LANE ROBERT L. LOWE III DAVID K. MCDONALD RICHARD A. LANE RYAN M. LOWE DAVID L. MCDONALD RICHARD LANG SHAWN E. LOWE CRAIG A. MCDOWELL ADAM V. LANGBORGH CRAIG A. LOWERY AARON L. MCEWEN ANTHONY E. LANGLEY JASON D. LOZANO BRENT T. MCFADDEN PAUL G. LANKES RYAN E. LUCERO ROBERT J. MCFARLAND DAVID J. LANN BRUCE W. LUDWICK JASON A. MCFEATERS TREVOR J. LARIBEE STEPHANI A. LUEBBEN MICHAEL P. MCFEETERS

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JENNIFER A. MCGEE JEREMY D. MORRILL STEPHEN T. OLEARY JOSEPH A. MCGILL MICHAEL R. MORRIS STEPHANIE K. OLEZESKI KEVIN T. MCGLONE PAUL J. MORRIS SEVEREN R. OLINGER RYAN S. MCGOUGH WYATT E. MORRISE JAMAL OLIVER JEFFERY R. MCGOWAN JAMIE R. MORRISON MATTHEW B. OLIVER DAVID J. MCGRAW ARTHUR L. MORSE III JOHANNA K. OLLERICH MATTHEW S. MCGUINNESS TAMI J. MOSES ERIK J. OLSEN BRYAN T. MCGUIRE DONALD W. MOSS DOUGLAS J. OLSON DANIEL J. MCGUIRE JASON J. MOUNTAIN DUSTIN E. OLSON DOUGLAS P. MCHAM MATTHEW R. MOUNTCASTLE MATTHEW T. OLSON REGAN A. M. MCINTYRE CHRISTOPHER D. MOYANO PHILLIP C. OLSON, JR. BRIAN R. MCKAY JEFFREY A. MUELLER DANIEL E. OLTHOFF JEFFREY A. MCKIERNAN JONATHAN D. MUELLER ROBERT BRYAN OLVIS CHARLES M. MCKINLEY CHRISTOPHER P. MULDER TARA L. OPIELOWSKI PHILIP M. MCKINNEY THOMAS A. MULKA RICHARD L. ORCUTT SAMUEL L. MCKINSEY ERIC C. MULLER JAMES R. ORD ZACHARIAH D. MCKISSICK PAUL L. MULLER WILFRED G. OREILLY RYAN J. MCLAIN MICHAEL L. MULLIGAN CESAR OROZCO ERNEST MCLAMB JAMES P. MUNDT ANAMARIA ORTEGA WILLIAM J. MCLAUGHLIN III LUIS J. MUNOZ HECTOR M. ORTEGA MICHAEL L. MCLEOD STEVEN M. MURDZIA MICHAEL L. ORTEGO SHAWN K. MCLEOD LUIS I. MURGUIA CRAIG D. OSBORNE KEVIN A. MCMAHON DENNIS P. MURPHY II GREGORY D. OSBOURNE BRIAN R. MCMENAMY JONATHAN D. MURPHY JASON T. OSLESON MICHAEL L. MCMILLAN PAUL B. MURPHY RICHARD S. OSORIO CHARLES L. MCMULLEN SCOTT A. MURPHY COREY C. OTOOL MICHAEL B. MCNEME TIMOTHY B. MURPHY WILLIAM F. OTT, JR. MATTHEW J. MCQUEEN TONY A. MURPHY ALICIA OTTATI ERIC J. MCUMBER JOHN S. MUSIAL JERRY OTTINGER PETER R. MCWILLIAM ERIC M. MUSIC MELISSA L. OVA CLIFFORD ALAN MEADOWS SEAN S. MUSIL HEATHER E. OVALLE WILLIAM P. MEDLICOTT RYAN MUTCH PEDRO V. OVALLE STANLEY MEDYKOWSKI RICHARD A. MUTTER ROBERT A. OVARES MICHAEL M. MEEK BILLY C. MYERS NATHAN L. OWEN TIMOTHY J. MEERSTEIN KENNETH H. MYERS SHANE W. OWEN HOWARD F. MEGGIE STEVEN D. MYERS ERIN J. OWENS MARIE L. MEIHLS SUZANNE M. NADAL JEREMY J. OWENS STEPHEN L. MEISTER SHANNON E. NAGASAKA KELVIN OXENDINE DANIEL W. MELOTT BRIAN S. NASH GRANT M. PAAP NANNETTE B. MENATH MICHELLE I. NASH EDNA Y. PACHECO RYAN T. MENATH CASPER J. NATHE ERICK PACHECO GEORGE A. MENDOZA, JR. LAURA C. NEALON MICHAEL S. PADILLA ANDREW S. MENSCHNER JEFFREY C. NEEDLES JOSEPH THOMAS PAGE II LACRESHA A. MERKLE THOMAS A. NEIL CHRISTOPHER M. PALACIOS EVAN J. MERSEL ELLIOT S. NELSEN DOUGLAS J. PALAGI ANGELA M. MESSING ANGELIQUE NELSON LAUREN W. PALAGI JOHN N. MEURY CHARLES E. NELSON JOSEPH C. PALEN KRISTAL S. MEYERS DENNIS C. NELSON BRIAN M. PALMER CLINT A. MICHAELSON GREGORY C. NELSON CLINTON N. PALMER KENT T. MICKELSON JASON M. NELSON MAXX E. PALMER II ALEX D. MIGNERY VENNIS C. NELSON RONALD E. PALMER MATTHEW J. MIHALICK JENNIFER R. NERIS JOHN L. PALUMBO JAMES A. MIKES PAUL N. NETCHAEFF SILA PANG JOY D. MIKULCIK ANDREAS C. NEUMAN JEREMY PANKOSKI BENJAMIN A. MILARCH MATTHEW R. NEWELL JOHN J. PANTAGES CARL F. MILLER COURT R. NEWKIRK SCOTT R. PAPINEAU CHRISTOPHER J. MILLER NATHANIEL NEWSOM III PAUL C. PAPPAS CHRISTOPHER P. MILLER CHRISTINE M. NEWSOME RICHARD R. PARENT DEBORAH R. MILLER DONALD W. NEWTON II JORGE A. PARGAS LEE H. MILLER JOSHUA T. NEY DONG J. PARK LEONARD A. MILLER SEAN D. NEYLON SEAN PARK PAUL A. MILLER THANG D. NGUYEN KIPP T. PARKER RODNEY D. MILLER JOSEPH EMRON NICHOLAS MICHELLE M. PARKER TODD A. MILLER DAWN C. NICHOLS STEVEN J. PARKER WALTER L. MILLER ISHAM B. NICHOLS ANTHONY J. PARKINSON CHARLES G. MING ROBERT A. NICHOLS, JR. CHAD A. PARKS RICHARD R. MINGO BYRON D. NICHOLSON STEPHEN R. PARKS STEVEN S. MINK DIANA M. NICKLES DANA M. PARMENTER ADAM L. MINNICH RYAN W. NICKLIN JOSEPH J. PARSONS CLINTON P. MINTZ BRYAN C. NICKOLA MELISSA L. PARSONS JOHN PAUL F. MINTZ TYLER A. NIEBUHR ALAN J. PARTRIDGE GENEVIEVE N. MINZYK MATTHEW J. NIENDORF JEREMIAH W. PARVIN CHAD W. MISTROT DANIEL J. NIGOLIAN TIMOTHY A. PASIEKA MICHAEL D. MITCHELL RONALD F. NIGRO MEGAN L. PASIERB ROBERT B. MITCHELL JAMES K. NILSEN SONJA K. PASQUANTONIO CARY D. MITTELMARK THOMAS A. NIPPER JAMES M. PASQUINO JAMES E. MIXON DENNIS A. NITA MICHAEL PASTUZYN MERRELL D. MOBLEY WILLIAM H. NODINE, JR. AANAN N. PATEL BEVERLY G. MOCK MEERA ANNE DAROY NOE JEREMY A. PATRICK KYLE A. MOE MICHAEL A. NOE MANDY R. PATRICK CHRISTOPHER L. MOELLER BLAINE CHAD NOEL DILLON R. PATTERSON FAUSTO E. MOLINET III DANIEL J. NOEL ERIC C. PAULIKONIS JOSEPH E. MONACO RANDALL B. NOEL DAVID A. PAULUS JUSTIN W. MONDAY SCOTT E. NOKE PAUL R. PAWLUK TIMOTHY A. MONROE TREVOR C. NOLAN STEPHEN D. PAXTON GABRIEL R. MONTALVO RONALD E. NOLTE PATRICK W. PEARCEPERCY VINCENT J. MONTANO, JR. JASON P. NOREN CHARLES M. PEARCY II ROSS M. MONTANTE JORDAN P. NORMAN DARRELL R. PEARMAN ADOLFO S. MONTERO TIMOTHY D. NORMAN WILLIAM P. PEARSALL JOSIAH W. MONTGOMERY DWIGHT E. NORTON JOHN M. PECARINA KELLY M. MONTIER MATTHEW A. NORTON ANTHONY C. PEELER DAVID P. MONTMINY RAY H. NORTON ALEXANDER J. PELBATH KELLI R. MOON CHRISTOPHER M. NUNEZ RYAN J. PELKOLA BRAD W. MOONEY GEORGE B. NUNO NICHOLAS J. PELLEGRINO CRISTINA M. MOORE URRUTIA ANDREA J. S. NUSSBAUM CHAD J. PELLETIER CHRISTOPHER M. MOORE MATTHEW E. NUSSBAUM ALFRED A. PENA, JR. ERIC P. MOORE JEREMY D. NUTZ BRIAN C. PENA GARY J. MOORE MARK D. NYBERG RANDAL W. PENDLETON MARQUETTE D. MOORE CHAD A. OBA GREGORY RAYMOND PENNING NICHOLAS J. MOORE MATTHEW B. OBENCHAIN DAVID PENNINGTON ROBERT L. MOORE JAMES E. OBERG SEAN M. PENROD RYAN J. MOORE JEFFREY J. OBRIEN DAVID PENUELA THOMAS R. MOORE MARCEL F. OCAMPO MICHAEL D. PEPPER JOHN C. MORA CHRISTOPHER OCCHIUZZO CHRISTOPHER S. PERCY JAMES E. MORAN ANGELA F. OCHOA ARTHUR H. PERERA CRAIG L. MORASH RAUL OCHOA, JR. WILHEM A. PEREZ MATTHEW R. MORELLO MICHAEL J. OCONNOR BRIAN DOUGLAS PERKINS MICHELLE D. MORENO MICHAEL J. OCONNOR CHRISTOPHER R. PERKINS BRYAN K. MORGAN VINCENT J. OCONNOR BARBARA A. PERRY JACK GARNER MORGAN MARK A. ODEN KEVIN S. PERRY JAMES M. MORGAN THOMAS P. OHARA PAUL A. PERRY JOYTESHA A. MORGAN STEVEN K. OHLMEYER BARBARA E. PERRYS MCKAY F. MORGAN ANDREW D. OILAND AMANDA PERSON MILLAY C. MORGAN SHAWN E. OKANE MARCUS J. PETERS NATHAN L. MORGAN KENDALL W. OKESON ROBERT A. PETERS TODD J. MORIN JASON K. OKUMURA SABINE U. PETERS BRADLEY J. MORRELL JEREMY V. OLDHAM RYAN L. PETERSEN

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ANDREW J. PETERSON RICHARD J. REED JASON P. RYAN ANDREW S. PETERSON SARA A. REED TIMOTHY M. RYAN GARY D. PETERSON WALLACE O. REED II TRACIE A. RYAN GINA A. PETERSON TIMOTHY P. REEDY CHRISTOPHER J. RYDER RONALD W. PETHOUD II CHRISTOPHER R. REHM ROBERT W. RYDER, JR. DAVID J. PETRUCCI JEREMY R. REICH WILLIAM R. RYERSON NICOLE M. PETRUCCI DANIEL L. REID JAMES L. SABOL DAVID P. PFEIFFER VALERIE REID ELLIOT A. SACKS JASON F. PFLUG DAVID J. REILLY REBECCA SADLER NICOLE L. PHELAN MICHAEL P. REILLY TROY R. SAECHAO CRAIG M. PHELPS PATRICK J. REIMNITZ SERGIO A. SAENZ DARIUS A. PHILLIPS EUGENE H. REINARD, JR. BRYAN D. SALCEIES DAVID E. PHILLIPS ROBERT V. REINEBACH DON R. SALVATORE NATHAN A. PHILLIPS JONATHAN EUGENE REINSCH BEN T. SANCHEZ WILLIAM W. PHILLIPS MICHAEL S. RELLICK GERARDO SANCHEZ TRAVIS K. PIATT STACIE A. REMBOLD JASON R. SANCHEZ THOMAS H. PICKERING JAMIE A. REMPEL PETE J. SANCHEZ BRYAN MICHAEL PICKETT SEAN M. RENBARGER DALE S. SANDERS MICHAEL V. PICKETT JAMES F. RENFRO, JR. DANIEL L. SANDERS JOHN W. PICKLESIMER DAMON L. RENNER JEREMIAH B. SANDERS APRIL D. PIERCE GABRIEL G. REPUCCI MICHAEL J. SANDERS JAMIESON D. PIERCE ALAN REYES LEE T. SANDUSKY TROY B. PIERCE CHRISTINA A. REYES JOSEPH S. SANFILIPPO BRETT E. PIERSON DAVID L. REYNOLDS MELINDA SANTOS HUGHES DOUGLAS J. PIETERSMA JASON T. REYNOLDS DUKE P. SANTOS JESSE A. PIETZ KARIN E. REYNOLDS ERIC SARABIA NATHAN J. PIFER MATTHEW E. REYNOLDS SALVATORE SARACENO TIMOTHY T. PIKAS ERIK PAUL RHYLANDER JACQUELINE A. SARTORI SHAILA PIMENTEL PRESTON L. RHYMER MARTHA J. SASNETT TODD C. PINCOMBE CHARLES D. RICHARD JAMES L. SATCHELL MARK P. PINDAR DAVID M. RICHARDI CHRISTOPHER I. SATKOWSKI LOUIS S. PINE DAVID L. RICHARDS DAVID E. SAUCEDO RALPH E. PIPER II DUSTIN C. RICHARDS AARON C. SAUL STEPHEN G. PIPPEL CHADRICK L. RICHARDSON DAVID G. SAULEY EDUARDO H. PIRES DUANE E. RICHARDSON FRED W. SAUNDERS, JR. RICHARD C. PISTONE LLOYD S. RICHARDSON IV PAUL SCAMBOS CARL B. PITTS MARK B. RICHEY MEGAN A. SCHAFER JON A. PITTS JAMISON L. RIDDLE RICHARD W. SCHAFER THOMAS B. PLACE SHONNA L. RIDINGS JOHN R. SCHANTZ KEVIN J. PLOURDE THEODORE J. RIETH, JR. JOSH C. SCHECHT DEREK J. PLYMATE DANIEL C. RIGSBEE RANDY A. SCHEIWE JOEL AUBURTIN POCHE CHRISTOPHER C. RILL BENJAMIN R. SCHEUTZOW MICHAEL C. POCHET WARREN D. RINER DAVID R. SCHICHTLE BRADY J. POE JOSEPH E. RINGER JON M. SCHIEFELBEIN WILLIAM J. POGUE JAMES R. RITENOUR JAMES E. SCHIESER ANGELA M. POLSINELLI DIANA I. RIVERA SANTIAGO JAMES T. SCHIESS MATTHEW L. POMMER EDWARD T. RIVERA KEITH R. SCHILAWSKI MICHAEL S. PONTIUS JOEL RIVERA NICHOLAS S. SCHINDLER JOHN D. POOLE ERIC J. RIVERO JOSEPH A. SCHMIDT LOGAN G. POOLER ERICA M. RIVERS TRACY A. SCHMIDT BILLY E. POPE, JR. JEFFREY J. RIVERS ERNEST R. SCHMITT JOHN T. POPE III TERESA D. RIVERS DEAN R. SCHMUDE JEFFREY MICHAEL POPLIN NEAL R. ROACH DELVIN L. SCHMUNK NEIL B. POPPE BRYAN J. ROBBINS DAVID L. SCHNEIDER JON W. PORATH JOSEPH A. ROBERSON, JR. JEFFREY A. SCHNEIDER ALEC E. PORTER BRIAN V. ROBERTS JENNIFER H. SCHOECK PAUL STEVE PORTILLO GARRETT J. ROBERTS JOSHUA B. SCHORE ANTHONY J. POSADA MICHAEL L. ROBERTS SCOTT J. SCHROEDER KURTIS D. POTTS SCOTT A. ROBERTS GREGORY N. SCHULKE RANDALL R. POULIOT ROY E. ROBERTSON ERIC E. SCHULTZ DAVID A. POUSKA MATTHEW W. ROBINS ERIK N. SCHULTZ MICHAEL J. POWER ANDREW B. ROBINSON PAUL D. SCHULTZ CRYSTAL D. POWERS JOSHUA H. ROCKHILL CHRISTOPHER J. SCHULZ JOHN R. POWERS GREGORY C. ROCKWOOD STEVEN R. SCHUTRUM JUSTIN K. PRESTON NATHAN P. RODRIGUEZ AVERY D. SCHUTT ROYAL J. PRESTON II ORLANDO RODRIGUEZ STEVEN J. SCHUTT MELANIE M. PRESUTO BREANNE C. ROECKERS ANDREW F. SCHWADERER THERESA M. PRICE JUDY L. ROGERS KARL R. SCHWENN HEIDI A. PRIESTLEY SHANE D. ROGERS GEORGE W. SCONYERS III GERALD L. PROCTOR ALAN T. ROHRER ALEXIS G. SCOTT PAUL A. PROSPER MARK C. ROMAN AMANDA K. SCOUGHTON MICHAEL D. PROVINS TIMOTHY R. ROMANS CLIFFORD N. SCRUGGS ANDREW GRAHAM PRUE TIMOTHY P. ROMIN JONATHON S. SEAL KRISTOPHER A. PRUITT DON M. RONAN CHRISTOPHER G. SEAMAN CURTIS R. PUCKETT JASON B. ROOKS ALBERT C. SEARFASS, JR. TOMASZ A. PUDLO DEREK A. ROOT CHAD D. SEBERO MICHAEL K. PUGH DARNELL ROPER BRENT A. SECKEL RYAN EDWARD PUMFORD ALFRED J. ROSALES JUSTIN D. SECREST AARTI U. PURI CHRISTOPHER ROBERT ROSALES WILLIAM A. SEEFELDT RUSSELL A. PUTNEY DARIN L. ROSE IRIS D. SEEGER MELISSA A. PYATKOV JASON C. ROSE JASON L. SEELHORST LANDON E. QUAN ELIZABETH A. ROSEBORO JAMES M. SEIBERT STEPHEN G. QUESENBERRY JOHN M. ROSNER ANTHONY EDWARD K. SEKI JEFFREY J. QUICK DOMINIC A. ROSS AUBREY A. SEMRAU KEITH E. QUICK GARY R. ROSS, JR. ADAM J. SERAFIN WENDY L. QUICK MATTHEW P. ROSS CARLOS A. SERBIA TIMOTHY E. QUICKSELL JASON F. ROSSI SCOTT D. SERKIN JOSEPH A. QUINN MICHAEL P. ROSSI RYAN D. SERRILL DAVID N. RAAB CHRISTOPHER ROSZAK BRIAN R. SERVANT QAIS RABADI CARL B. ROTERMUND JOSEPH A. SERVIDIO JONATHAN P. RABY JASON R. ROTGE TODD R. SEWELL JOHN R. RACZKOWSKI KEVIN S. ROTHE JOHNATHON E. SHACKELFORD LYNN R. RADFORD STEWART L. ROUNTREE STACIE N. SHAFRAN AZZAAM A. RAHMAAN II AMIT D. ROUTH SCOTT A. SHANNON GUSTAVO M. RAMIREZ FRANK W. ROVELLO STEVEN W. SHARP JACOB E. RAMIREZ JESSI R. ROZMAN RICHARD R. SHARPE ALBERT G. RAMPONE DANIEL M. RUBALCABA TODD W. SHARPE MATHEW W. RAMSTACK NICCI S. RUCKER FREDERICK A. SHAW RICHARD RANDALL BARRY R. RUDD ROBERT R. SHAW, JR. TRIGG E. RANDALL ADAM C. RUDOLPHI MICHAEL W. SHEA DARRYL L. RANDOLPH BEN M. RUDOLPHI THOMAS M. SHEARER III ALEJANDRO A. RANGEL BRADLEY A. RUETER JASON B. SHEARIN CHARLES A. RANSOM DANIEL E. RUETH NATHAN G. SHELTON MICHAEL F. RASINSKI WILFREDO RUIZ CHAD L. SHENK ROBBIE RAUCH AARON L. RUONA DAVID A. SHEPHERD ANDREW RAY KAREN P. RUPP FRANKLYN K. SHEPHERD, JR. DAVID S. RAY CON A. RUSLING VINCENT R. SHERER IV LANA D. RAY JEREMY J. RUSSELL JOHN C. SHERINIAN II DEREK W. READ SEAN D. RUSSELL MICHAEL J. SHIELDS KENNETH A. READY NICHOLAS J. RUSSO BORIS SHIF STEVEN W. READY RENEE R. RUSSO MATTHEW P. SHIPSTEAD PATRICK M. REAGAN KYLENE L. RUTH RICHARD B. SHOAF EMIL LAWRENCE REBIK JEFFREY L. RUTHERFORD JOHN V. SHOEMAKER KARL H. RECKSIEK ANDREW R. RUTKOWSKI JOSHUA N. SHONKWILER MATTHEW JONATHAN REECE DANIEL M. RUTTENBER BRYAN E. SHORTER SALLY C. M. REECE JESSICA N. RUTTENBER MATTHEW R. SHRULL JONATHAN I. REED DEVIN C. RYAN JOSEPH H. SHUPERT

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MARK SIDENO CHAD J. STEEL HARLAN K. THOMPSON WESLEY R. SIDES ERIC D. STEELE KIMBERLIE E. THOMPSON PAUL D. SIEGLER GEOFFREY M. STEEVES KRISTEN D. THOMPSON MICHAEL C. SILOK MICHAEL D. STEFANOVIC LARNELL S. THOMPSON PARADON SILPASORNPRASIT JEFFREY D. STEINBRINK MICHAEL A. THOMPSON ANTONIO M. SILVERA DOUG C. STEINERT MICHAEL J. THOMPSON MICHAEL S. SIMIC CHADWICK M. STEIPP SEAN W. THOMPSON CHRISTOPHER E. SIMMONS JESSICA R. STELLING SHAUNDAL T. THOMPSON ERIC W. SIMMONS RONALD N. STENCEL LEE C. THOMSON JEFFREY D. SIMMONS DEREK A. STENEMAN SCOT A. THORNHILL RYAN S. SIMMS CHRISTOPHER R. STEPHENS PAUL D. THORNTON MICHAEL J. SIMONS DARREN H. STEPHENS DYLAN G. THORPE SHARON D. SIMPKINS JONES SAMUEL A. STERLIN KEITH W. TICKLE BRYAN P. SIMPSON CHRISTINE A. STEVENS JOSEPH W. TIMBERLAKE MATTHEW A. SIMPSON KAREN L. STEVENS CLIFTON D. TINKHAM TONY L. SIMPSON ROBERT D. STEVENS GLEN D. TITUS II LEE G. SIMS III ANN M. D. STEVENSON ADAM P. TOBIAS JUSTIN H. SINCOFF ERIC W. STEVENSON JOSEPH C. TOBIN JEFFREY A. SIPE BRANDON C. STEWART RONALD J. TOLER KAY E. SIPE DIRK ORN STEWART NATHANAEL B. TOLLE MARTIN C. SISSON HELEN STEWART JUSTIN C. TOLLIVER MARK D. SKALKO SCOT JACOB STEWART JAMES D. TORRES KELLY A. SKEENS ZACHARY ROY STEWART LESLIE KAHIMENEON TORRES ANTHONY L. SKEESICK JOSHUA B. STIERWALT PHOENIX L. TORRIJOS WESLEY ADAM SKENFIELD DANIEL F. STIMPFEL KENNETH J. TOSO JACK SKILES III CODY D. STIVERSON LINDSAY M. TOTTEN ANITA C. SKIPPER MICHAEL J. STOCK JOSEPH N. TOUP ROBERT J. SKOPECK, JR. MERRILL L. STODDARD SCOTT G. TRAGESER CHRISTOPHER A. SKOW TOMASZ P. STOKLOSA KELLY R. TRAVIS MARK W. SLATE JAMES A. STONE KEVIN M. TREAT JAMES SLATON JAMES L. STONE BRIAN J. TREBOLD JASON J. SLEGER SCOTT J. STONE ROBERT J. TREST KIMBERLY K. SLOAN SETH D. STORMS BROCK A. TRIPLETT MARTIN J. SLOVINSKY WILLIAM F. STORMS JOSHUA J. TROSCLAIR LINDA L. SLUSARSKI ELISE V. STRACHAN JULIO C. TRUJILLO ANTONE R. SMITH BRIAN L. STRACK STEVEN E. TUGMAN BRADFORD J. SMITH, JR. GINA M. STRAMAGLIO JOSHUA W. TULL CHRISTOPHER R. SMITH JEFFREY P. STRANGE ERICK A. TURASZ DAMON L. SMITH BRIAN K. STRICKLAND JAMES K. TURNER GEORGE H. SMITH III TRESA ANN STRICKLAND JOHN P. TURNER GLEN W. SMITH RICHARD R. STRINGER RICKEY D. TURNER JASON D. SMITH WHITNEY L. STRINGHAM SANDRA M. TURNER LARRY S. SMITH MATTHEW D. STROHMEYER THOMAS A. TURNER NATHANIEL K. SMITH PAUL B. STROM MATTHEW L. TUZEL OSCAR T. SMITH JODY B. STRONG ADAM L. TWITCHELL PATRICK J. SMITH CHRISTOPHER S. STROUP RONALD G. TYCER PETER M. SMITH RONNIE B. STUBBLEFIELD KEVIN TYLER PHILLIP A. SMITH PAUL D. STUCKI MICHAEL S. UEDA RACHEL K. SMITH TIMOTHY G. STUDDARD VINCENT N. ULLOA REGINALD L. SMITH CARL W. STUMPF JEFFREY M. ULMER ROBERT E. SMITH TAMMY J. SUDIGALA DAVID C. UNDERWOOD ROBIN D. SMITH TYLER G. SUELTENFUSS JEFFREY R. UNDERWOOD ROCHELLE D. SMITH JARROD M. SUIRE BRIAN J. URBAN SCOTT A. SMITH JACQUELINE M. SUKHLALL DIEGO M. URIBE SCOTT E. SMITH DAVID A. SULHOFF JOHN M. URSO SCOTT SHANNON SMITH JOEY P. SULLIVAN VHANCE V. VALENCIA TIMOTHY D. SMITH LUKE E. SULLIVAN THOMAS D. VALERIO, JR. TOBY S. SMITH MARK A. SULLIVAN MIGUEL A. VALLE III ZACHARY A. SMITH KENNETH E. SUMLER ERIN H. VAN OOSTEN LISA M. SMITTLE DARREN E. SUNDERHAUS RICHARD G. VANCE SHANE R. SMOOT JOSE R. SURITA, JR. KEITH W. VANDERHOEVEN SANDRA V. SNADDON ROBERT A. SURREY GEORGE H. VANDEVERE JOHN P. P. SNAPP, JR. LUKE C. SUSTMAN WARREN S. VANDIVER SOL R. SNEDEKER MICHAEL K. SUTHERLAND NATHAN A. VANDREY RYAN E. SNIDER TIMOTHY P. SUTTON ERIC S. VANLEY SAMUEL M. SNODDY ANTHONY D. SWAIN LANCE A. VANN DAVID N. SNODGRASS WALTER B. SWAIN III RICHARD M. VANSCHOOR ANDREW J. SNYDER TODD A. SWANHART RYAN M. VANVEELEN JEREMY L. SNYDER JEANNIE C. SWANSON CRISTOPHER A. VARGAS LISA W. SNYDER MATTHEW J. SWANSON CLINTON S. VARNER MATTHEW P. SNYDER MICHAEL DAVID SWARD JONATHAN A. VAROLI STEVE E. SOLIDAY JENNIFER SWAZAY CLINTON B. VARTY CHARLES D. SOLOMON DAVID RICHARD SWEET BRIAN M. VASQUEZ RICHARD SOLORZANO LAYLA M. SWEET MICHAEL R. VASQUEZ STEPHANIE M. SOLTIS RICHARD W. SWENGROS DANIEL L. VAUGHAN GREGORY E. SOMBORN MARK T. SZATKOWSKI JIMMIE C. VAUGHAN JASON G. SOMERS KARLA A. TAFF LEWIS M. VAUGHN III PAUL N. SOMERS YURI P. TAITANO RICHARD E. VAUGHN, JR. AMANDA L. SOMERVILLE JOHN A. TALAFUSE IAN A. VEATCH JAMES M. SOMERVILLE ALAN S. TALBERT MATTHEW J. VEDDER JONATHAN E. SOMOGYI TODD E. TALBOTT RAMON L. VEGLIO THOMAS E. SONNE EDWARD W. TALLEY JAVIER VELAZQUEZ MICHAEL SONTAG HOWARD TANG GREGG M. VELEZ JOHN T. SOPHIE KATHERINE A. TANNER AUBREY M. VENABLE KEITH A. SORSDAL KEVIN G. TANNER LORENA VENEGAS PAUL RUSSELL SORTOR NATHAN A. TARVER RYAN R. VENHUIZEN WILLIAM G. SOTO DARIN R. TATE JAMES W. VENTERS JAMES SOUDERS JASON C. TATE MICHAEL A. VERBITSKI JOEL R. SOUKUP JOHN P. TATE MARTIN D. VERMEULEN JOHN M. SPARGUR ERIC TATUM STEVEN L. VESTEL TIMOTHY J. SPAULDING ANDREA K. TAYLOR IVEN M. VIAN MATTHEW T. SPEER GLENN P. TAYLOR ANTHONY L. VIEIRA BOONE C. SPENCER AMY BOWEN TEAGUE JOSEPH R. VIGUERIA KENDALL W. SPENCER SEAN T. TEAGUE DERRICK S. VINCENT CANDICE M. SPERRY LUCAS J. TEEL MATTHEW R. VINCENT RAYMOND H. K. SPOHR BRANDON J. TELLEZ DAVID M. VOITIER BRIAN J. SPORYSZ BRANDON J. TELLEZ BRENDAN J. VOITIK JULIE SPOSITO MARTIN T. TEMAAT DUANE J. VOLLMER MELISSA E. SPRAGUE BRIAN S. TEMPLE JEFFREY C. VONDRAN CHRISTOPHER A. SPRING JULIO C. TERRERO MARC S. VONHAHMANN, JR. ZAN A. SPROLES SHANE M. TERRY DANIEL J. VOORHIES FREDERICK D. SPRUNGER ZACHARY S. TERRY PAUL K. VOSS BERNARD R. SPRUTE PHONG THACH ANDREW R. VRABEC JEREMY E. ST LOUIS BRIAN M. THARP ELWOOD T. WADDELL TYLER L. STABILER RYAN L. THEISS ERIC S. WADDELL ROBERT K. STACHURSKI LINDA J. THIERAUF JOHN P. WAGEMANN CHEO F. STALLWORTH LENA THIEU JAMIE M. WAGGONER DAWN STANDRIDGE JIMMY H. THIGPEN JEREMY C. WAGNER LISA M. STANLEY SOUNTHAVONE THIPHAVONG TERRY L. WAGNER MATTHEW F. STANLEY JASON T. THIRY TIMOTHY S. WAGNER STUART A. STANTON ILLYA K. THOMAS ROBERT D. WAIDER EDWARD J. STAPANON III JAMES J. THOMAS RUSSELL E. WAIGHT MICHAEL C. STARGELL JEREMEY T. THOMAS CYNTHIA A. WAITE BROC L. STARRETT MALAKIA K. THOMAS STEVEN D. WALD DARREN D. STASTNY THERESA A. THOMAS CORY W. WALDROUP BRUCE A. STAUFER WILLIAM D. THOMAS DANIEL S. WALKER TROY T. STAUTER ARTHUR A. THOMPSON IAN N. WALKER

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KERI L. WALKER MICHAEL J. WILLEN JACQUELINE B. YOUNG PATRICK J. WALKER JASON P. WILLEY KEITH C. YOUNG THOMAS V. WALKER DAVID W. WILLHARDT MARGARET A. YOUNG JOSEPH D. WALL MICHAEL D. WILLHIDE MICHAEL J. YOUNG THOMAS E. WALLACE CRAIG L. WILLIAMS THOMAS J. YOUNG BRIAN D. WALLER EDWARD C. WILLIAMS, JR. MATTHEW J. YOUNGMEYER CLINTON J. WALLER GENE P. WILLIAMS PASCUAL ZAMUDIO DAVID J. WALLS JAMAL D. WILLIAMS JOHN ZANFARDINO BRIAN G. WALSKI JEREMY E. WILLIAMS FERNANDO L. ZAPATA BRYAN J. WALTER JOHN R. WILLIAMS III ERIC J. ZARYBNISKY DARRELL A. WALTON JOSHUA P. WILLIAMS GREGORY M. ZELINSKI ADAM D. WANTUCK KELLEN M. WILLIAMS JASON M. ZEMLER CHRISTOPHER J. WARD MARK L. WILLIAMS NICHOLAS G. ZERVOS ERIC J. WARD PATRICE L. WILLIAMS MATTHEW J. ZIEMANN ROBERT A. WARD ROBIN S. WILLIAMS JOHN C. ZINGARELLI CHARLES T. WARE RYAN R. WILLIAMS BARBARA L. ZISKA JAMES E. WARE SCOTT J. WILLIAMS JONATHAN R. ZITO JAMES D. WARREN, JR. TIMOTHY S. WILLIAMS DENNIS A. ZOLTAK RANDY D. WARREN TODD C. WILLIAMS CAROLOS J. ZOURDOS STEVEN G. WARREN DEREK L. WILLIAMSON BRANDON A. ZUERCHER CHAD L. WATCHORN CHRISTOPHER M. WILLIS JASON C. ZUMWALT RICHARD H. WATERS SHAWN M. WILLIS PETER W. ZUMWALT STEVEN G. WATERS WILLIAM S. WILLIS GREGORY M. WATSON BILLY R. WILSON, JR. f JOHN W. WATSON CHARLES E. WILSON IV JOSEPH P. WATSON CHRISTOPHER G. WILSON CONFIRMATIONS JUSTIN T. WATSON DAVID A. WILSON ALEXANDER L. WAXMAN JOHN D. WILSON Executive nominations confirmed by BARRY S. WEAVER LARA L. WILSON RICHARD A. WEBB STEPHANIE Q. WILSON the Senate, Wednesday, March 3, 2010: TIMOTHY R. WEBB STEPHEN W. WILSON JESSICA A. WEDINGTON THOMAS K. WILSON DEPARTMENT OF STATE JOSHUA C. WEED JEREMY D. WIMER LAURA E. KENNEDY, OF NEW YORK, A CAREER MEMBER MARK A. WEGER JAMES L. WINKELHAKE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TIMOTHY C. WEGNER JAMES M. WINKLESKI COUNSELOR, FOR THE RANK OF AMBASSADOR DURING GRZEGORZ STAN WEGRZYN RICHARD F. WINN HER TENURE OF SERVICE AS U.S. REPRESENTATIVE TO KRISTIN J. WEHLE TRAVIS M. WINSLOW THE CONFERENCE ON DISARMAMENT. SHANE A. WEHUNT JIMMY DEAN WINTERS EILEEN CHAMBERLAIN DONAHOE, OF CALIFORNIA, FOR HAYES J. WEIDMAN CYNTHIA E. WITTNAM THE RANK OF AMBASSADOR DURING HER TENURE OF JOSEF R. WEIN MATTHEW R. WITTNAM SERVICE AS THE UNITED STATES REPRESENTATIVE TO KENNETH H. WEINER DANIEL B. WOLFE THE UN HUMAN RIGHTS COUNCIL. JEFFREY E. WEISLER JASON B. WOLFF MICHAEL D. WELLER BRYAN K. WONG DEPARTMENT OF HOMELAND SECURITY LISA D. WELMERS RYAN M. WONG CARRIE E. WENTZEL COLETTE A. WONGMANEE ELIZABETH M. HARMAN, OF MARYLAND, TO BE AN AS- MATTHEW J. WENZEL JEREMY A. WOOD SISTANT ADMINISTRATOR OF THE FEDERAL EMER- JASON T. WERNER KRISTEN N. WOOD GENCY MANAGEMENT AGENCY, DEPARTMENT OF HOME- JOHNNY L. WEST MATTHEW J. WOOD LAND SECURITY. DANIEL L. WESTER MEGAN K. WOOD FEDERAL TRADE COMMISSION INGEMAR S. WESTPHALL MICHAEL R. WOODRUFF PAUL WEVER CASEY Y. WOODS JULIE SIMONE BRILL, OF VERMONT, TO BE A FEDERAL REBECCA E. WEYANT JESSICA E. WOODS TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS MICHAEL A. WHEELER MARC A. WOODWORTH FROM SEPTEMBER 26, 2009. GLENDON C. WHELAN CECIL EARL WOOLARD, JR. EDITH RAMIREZ, OF CALIFORNIA, TO BE A FEDERAL JENNIFER L. WHETSTONE TAD W. WOOLFE TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS NATHAN ALLAN WHITAKER WILLIAM D. WOOTEN FROM SEPTEMBER 26, 2008. TIMOTHY G. WHITE BRADLEY R. WORDEN VAUGHAN T. WHITED TIMOTHY C. WORTHINGTON DEPARTMENT OF HEALTH AND HUMAN SERVICES DOUGLAS W. WHITEHEAD DAVID A. WRAY LILLIAN A. SPARKS, OF MARYLAND, TO BE COMMIS- TANDY R. WHITEHEAD JOHN M. WRAZIN SIONER OF THE ADMINISTRATION FOR NATIVE AMERI- JASON A. WHITFORD JAMES M. WRIGHT CANS, DEPARTMENT OF HEALTH AND HUMAN SERVICES. PAUL R. WHITSEL VIRGINIA J. WRIGHT THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BENJIMAN C. WHITTEN STEVEN P. WYATT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- NICHOLAS J. WHRITENOUR REBECCA A. WYFFELS QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY STEVEN P. WICK MARK S. WYNN CONSTITUTED COMMITTEE OF THE SENATE. TONY M. WICKMAN DAVID J. WYRICK RAY BLAINE WIDDISON BRYANT T. WYSOCKI ADMINISTRATIVE CONFERENCE OF THE UNITED JASON A. WIGGINS MICHAEL L. YAMZON STATES LOWELL B. WIGGINS JASON T. YEATES DORSEY C. WILKIN ELIZABETH A. YESUE PAUL R. VERKUIL, OF FLORIDA, TO BE CHAIRMAN OF TRAVIS G. WILLCOX EDWARD F. YONCE THE ADMINISTRATIVE CONFERENCE OF THE UNITED LEROY S. WILLEMSEN ROGER D. YOON STATES FOR THE TERM OF FIVE YEARS.

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TRIBUTE TO THE OSWEGO HIGH 1962 upon the passing of its founders. In 1964 pleasure to recognize these two outstanding SCHOOL LADY BUCS HOCKEY the Friends of Briar Bush was created as a Texans before Congress and this Nation. TEAM non-profit organization dedicated to providing Sergeant Don Neyland with the Liberty environmental education to individuals and County Sheriff’s Office has bravely served the HON. WILLIAM L. OWENS groups of all ages through on-site and out- people of Liberty County as a police officer OF NEW YORK reach experiences, protecting and nurturing a and investigator for 19 years. Yet, his life of IN THE HOUSE OF REPRESENTATIVES natural wildlife habitat, and promoting con- service is all the more impressive because he servation of natural resources by increasing suffers from serious kidney problems. One Wednesday, March 3, 2010 awareness and understanding of the environ- fateful day in 2009, Sergeant Neyland learned Mr. OWENS. Madam Speaker, I rise today ment. from doctors that he would need a kidney to congratulate the Oswego High School Lady Dede Long was selected as Executive Di- transplant. Soon his family members all began Bucs hockey team for their victory in the 2010 rector of Briar Bush in 1979. She brought with getting tested to see if they would be able to New York State Girls High School Hockey her her experience with the USO in Athens, donate a kidney; but no match was found. Still Championships. Greece, as a junior high school science teach- continuing to hope, Sergeant Neyland decided On Saturday the 13th of February, high er in Japan, and her work at outdoor-edu- to hand out brochures to coworkers about be- school hockey fans were treated to a great cation schools in California. Through her stew- coming a living kidney donor. championship game between some of the ardship Ms. Long has worked to establish Twenty one year old coworker and friend, most skilled players in the state when the many effective relationships with local organi- Barbi Vavra who is a clerk at the Liberty Lady Bucs defeated Skaneateles in the final zations and the nationally recognized partner- County Sheriff’s Department read one of those game 3–0. I understand that the Lady Bucs’ ship between Briar Bush Nature Center, the pamphlets and decided to get tested. She championship win claimed the school’s first Friends of Briar Bush, Abington Township and turned out to be a perfect match and agreed team state title since the varsity boys bowling the Abington School District. During her tenure to donate one of her kidneys to Sergeant team accomplished the feat about two dec- at Briar Bush, she has increased the number Neyland. The surgery took place yesterday, ades ago. of staff members, completed a full renovation March 2nd, and the two are doing very well in I want to congratulate the championship of all exhibits, and added facilities such as recovery. girls’ team of Whitney Daino, Erika Lazzaro, The Treetops classroom and Butterfly House. Texas might have lost a hero and friend to Sage Dudley, Taylar Cianfarano, Kaitlin Friel, The Briar Bush Nature Center has received Sarah Mancuso, Danielle Faivus, Caroline Liberty County. Instead because Barbi decided numerous awards, including ‘‘Nonprofit of the to share the ‘‘gift of life’’ Sergeant Neyland Dougherty, Karissa Favata, Taite Phillips, Year,’’ and ‘‘Nickelodeon Parents’ Pick’’ for the Sarah Gosek, Lainey Celeste, Tessa Opet, and now our great State has one more hero variety of family oriented programs and events to look to. This gift is truly inspiring. Devyn Hutcheson, Caty Darling, Madisyn offered yearly. Ms. Long has been acknowl- Whalen and Allison Yule on their hard work. I The State of Texas and our Nation is a bet- edged personally for her valuable work, re- ter place because of people like Barbi Vavra would also like to recognize Taylar Cianfarano ceiving the 2008 Keystone Award from the for being named the tournament’s most valu- and Don Neyland. I am honored to recognize Pennsylvania Alliance of Environmental Edu- Barbi and Don, true Texans, for their example able player, as well as Devyn Hutcheson, cators. She is an active member of her com- Kaitlin Friel and goalie Madisyn Whalen for of heroism and selflessness to each other and munity and is involved in the Rotary Club of to their community. being selected to the all-tournament team. Jenkintown, the Abington Community I also want to extend my congratulations to Taskforce, and the Eastern Montgomery head coach Dan Bartlett and assistants Beth f County Chamber of Commerce. She also sup- Arduini and Andrew Lazzaro, who built upon ports many special events sponsored by other an impressive legacy to take the team to vic- HONORING MS. TINA HALLQUIST community organizations including the tory. The elite status of these athletic young Jenkintown Day Nursery, Abington Education women could not have been reached without Foundation, Police Athletic League and Old HON. BRIAN HIGGINS the combined dedication of these coaches. York Road Historical Society. OF NEW YORK Madam Speaker, the Lady Bucs’ teamwork Madam Speaker, once again I applaud sets a strong example for the community and IN THE HOUSE OF REPRESENTATIVES Dede Long for her dedication, service, and ac- reminds us all what is possible when we come Wednesday, March 3, 2010 complishment as Executive Director of Briar together. Again, congratulations to the Lady Bush Nature Center and environmental leader Mr. HIGGINS. Madam Speaker, I rise today Bucs on their success. for over three decades. I offer my heartfelt to pay tribute to the years of service given to f congratulations to her on the momentous oc- the people of Chautauqua County by Ms. Tina CELEBRATING THE RETIREMENT casion of her retirement. Hallquist. Ms. Hallquist served her constitu- OF DEDE LONG f ency faithfully and justly during her tenure as a member of the Chautauqua County Legisla- HON. ALLYSON Y. SCHWARTZ THE KIDNEY OF BARBI VAVRA ture, serving district 13. GOES TO DON NEYLAND Public service is a difficult and fulfilling ca- OF PENNSYLVANIA reer. Any person with a dream may enter but IN THE HOUSE OF REPRESENTATIVES HON. TED POE only a few are able to reach the end. Ms. Wednesday, March 3, 2010 OF TEXAS Hallquist served her term with her head held Ms. SCHWARTZ. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES high and a smile on her face the entire way. today to honor and congratulate Dede Long I have no doubt that her kind demeanor left a Wednesday, March 3, 2010 on her retirement after 31 years of exemplary, lasting impression on the people of Chau- devoted service to Briar Bush Nature Center, Mr. POE of Texas. Madam Speaker, it is tauqua County. a non-profit organization dedicated to environ- with great pride that I rise before you today to We are truly blessed to have such strong in- mental education in Abington, PA. I am hon- recognize Barbi Vavra and Don Neyland, two dividuals with a desire to make this county the ored to represent Ms. Long and the people of brave Liberty County Sheriff’s Office employ- wonderful place that we all know it can be. Abington in Congress. ees from the great State of Texas. Their lives Ms. Hallquist is one of those people and that Founded in 1908 as a wildlife refuge Briar of service to the community are extraordinary is why, Madam Speaker, I rise in tribute to her Bush was acquired by Abington Township in examples of self sacrifice. It gives me great today.

∑ 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 Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K03MR8.001 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E290 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2010 IN HONOR OF LAUREN O’CONNOR He volunteered as a Marine, first in the the University of San Francisco. A world trav- 1950s during the Korean war. eler, voracious reader, exceptional public HON. SAM FARR He re-enlisted at age 34 and served in Viet- speaker, and a prolific writer, Doug Maloney OF CALIFORNIA nam—earning the Bronze Star, two Purple loved life! It was Doug Maloney who led the county’s IN THE HOUSE OF REPRESENTATIVES Hearts, and the Vietnamese Cross for Gal- lantry. legal defense of the ‘‘Marin-only’’ provision in Wednesday, March 3, 2010 He became the first Vietnam veteran to be Ross philanthropist Beryl Buck’s multi-million- Mr. FARR. Madam Speaker, I rise today to elected to Congress, in a February 1974 spe- dollar bequest. Maloney took on the San Fran- commend Lauren O’Connor who is driving cial election, starting a legendary Washington cisco Foundation’s challenge to spend the mil- across America to raise awareness and career as a member of the Appropriations lions on needs beyond the county borders. $100,000 for Great Danes and animal res- Committee. With an outstanding legal team, he presented cues. Each year, millions of animals, mostly When I came to this chamber for the first strong arguments upholding the Buck bequest cats and dogs, are euthanized due to over– time, the ‘‘Pennsylvania Corner’’ was in full and proving that, despite Marin’s affluence, population and the lack of people willing to flower. We grew close and even though we there were plenty of needs right in the county adopt them, at the same time that many ani- didn’t agree on everything, we worked to- that could use financial assistance. The 1986 mals are bred for the sole purpose of being gether often—on issues ranging from breast court-approved settlement transferred the bought and sold at pet stores. cancer research funding to the Intrepid Mu- Buck Trust to newly formed Marin Community Lauren, originally from Texas, went to col- seum on the Hudson. Foundation to focus funds on research into lege in West Virginia. She graduated with a When he decided that the Iraq war was aging, advocacy against alcohol abuse and re- degree in Public Relations. It was there that unwinnable in 2005, he earned his stripes all search into educational issues. Had that battle she met her Great Dane, Harley. Now 6, Har- over again, providing leadership on this crucial been lost, Marin would be a far different place. ley is her traveling companion on this cross issue. He visited my district, and so many oth- The legal engineer of land-use restrictions country journey. ers, explaining how he came to his decision. that saved West Marin from suburban sprawl, Beginning on March 1st in New Jersey, Madam Speaker, as a Congressman, Jack Maloney successfully defended the county’s Lauren, who resigned from her job at a For- Murtha won respect in these halls and on this 1972 zoning restrictions designed to preserve tune 10 company in order to pursue her com- floor . . . but as a man, he earned our love. and protect West Marin farmland and the mitment to rescue dogs, will visit over 56 cities We will miss him. ranching lifestyle. Challenged in 1989, in her travels across the country, organizing My thoughts and prayers are with his wife Maloney won a federal court decision uphold- events and benefits to raise money and edu- Joyce, and the entire Murtha family. ing the zoning restrictions and turning back a cate people about Great Danes and rescue f lawsuit by a Chicago landowner wanting to dogs. All of the proceeds that are raised will carve up his 561-acre Nicasio ranch. While we be donated to rescues and shelters around RECOGNIZING DAVE ANDERSON may take our open space and ranch lands for the country. granted, we owe a huge debt of gratitude to She is able to take on this worthy cause be- HON. ERIK PAULSEN the vision, political courage and legal skill of cause of the kindness or her family and OF MINNESOTA Douglas Maloney. friends. In addition, complete strangers have IN THE HOUSE OF REPRESENTATIVES A man of great personal integrity and not one to back away from a rousing legal argu- been able to follow Lauren on her adventures Wednesday, March 3, 2010 through her Web site and her Twitter account. ment, Doug was good humored and a pas- Madam Speaker, Lauren O’Connor is ven- Mr. PAULSEN. Madam Speaker, this past sionate follower of film and stage. He enjoyed turing on an experience of a lifetime. Her trip August, Dave Anderson of Minnetonka was rewriting fashionable Broadway shows and across the country to raise awareness and selected into the Multiple Sclerosis Society stage musicals, putting on a Marin spin and money for rescue dogs is inspiring to us all Volunteer Hall of Fame for Programs and political satire to benefit local causes, com- and I would like to commend Lauren on her Services. He has been serving as vice presi- plete with titles like, ‘‘As the Candidate Turns,’’ commitment to this very worthy cause. dent of MSWorld, an organization whose goal ‘‘Damn Yuppies’’ and ‘‘Caucus Line.’’ A pop- f is to be a national source of support and infor- ular op-ed columnist for the Marin Inde- mation for those living with MS. In addition, pendent Journal, readers enjoyed his musings IN TRIBUTE TO REPRESENTATIVE Dave founded the Brainerd Lakes Chapter of and appreciated his skill at weaving literature, JOHN P. MURTHA OF PENNSYL- ‘‘Fishing Has No Boundaries,’’ which provides history, politics, opinion and the proverbial VANIA people with MS a weekend of fishing and so- Marin angle into his biweekly essays. cializing. I would like to recognize Dave An- Doug Maloney was a devoted husband and SPEECH OF derson for his commitment to improving com- father. In addition to his sister, Marion Berger HON. CAROLYN B. MALONEY munication between those in the MS commu- of Redding, California, Mr. Maloney is survived OF NEW YORK nity, as well as for integrating social net- by his wife of twenty-two years, Ellen Caulfield IN THE HOUSE OF REPRESENTATIVES working into the lives of people with multiple of San Rafael, Marin County, six children, ten sclerosis. grandchildren and six great-grandchildren. Wednesday, February 24, 2010 f Madam Speaker, Douglas Maloney will be Mrs. MALONEY. Madam Speaker, I rise to missed by so many who shared in his work say goodbye to a friend. and vision. A man of letters and the law, he New York City, and the rest of the world, practiced what he preached. It is fitting to rec- lost a friend when Jack Murtha died. HON. LYNN C. WOOLSEY ognize his extraordinary efforts on behalf of Jack Murtha served his country in every OF CALIFORNIA Marin County and its residents. I join the many possible way. IN THE HOUSE OF REPRESENTATIVES people who will miss Doug Maloney’s inspira- He served it in Vietnam as a Marine; he Wednesday, March 3, 2010 tion, friendship, bright spirit, and clever quotes served in western Pennsylvania as a son, hus- delivered with perfect timing and meaning. Ms. WOOLSEY. Madam Speaker, I rise band and father; and he served it for over 40 f years in Harrisburg and in Washington, as a today to honor former Mann County counsel legislator’s legislator. Douglas Maloney who passed away on Feb- PERSONAL EXPLANATION He won respect for the honest, plainspoken, ruary 17, 2010 at his home in San Rafael, compassionate way he played all of these California. Serving on the legal frontlines of HON. GENE GREEN roles. county government for more than three dec- OF TEXAS But to me, he played those roles like a ades, Marin has greatly benefited from his un- IN THE HOUSE OF REPRESENTATIVES brother. wavering dedication and skilled advocacy of He spoke often of the strong women in his the public’s best interest. Wednesday, March 3, 2010 family being essential to his success in life. Born in San Francisco in 1933, Mr. Mr. GENE GREEN of Texas. Madam His great-grandmother, he once recalled, Maloney, a 50–year member of the California Speaker, I rise today to offer an explanation of told him at age 6, ‘‘You’re put on this Earth to Bar Association, received his bachelor’s de- the three votes I missed yesterday. March 2, make a difference.’’ gree from the California Maritime Academy in 2010 marked not only Texas Independence Boy, did he ever. Vallejo, California, and his law degree from Day, but also the 2010 Texas primary, and I

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.005 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 3, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E291 had previously committed to events in the dis- RECOGNIZING THE AMERICAN RE- erts Ranch, where he met and married Pearl trict that forced me to miss my first three votes SPONSE TO THE DISASTER IN Pistoresi. Eventually, Rasmeo went into busi- of the second session last night. Had I been HAITI ness with his cousin, opening a butchering present, I would have voted ‘‘aye’’ on each of business in Berenda; they butchered the meat the following rollcall votes: HON. BETTY McCOLLUM and peddled it to the surrounding ranches. Rollcall vote No. 75, on H. Res. 1072, Rec- OF MINNESOTA The butcher business grew from a meat mar- ognizing Louisiana State University for 150 IN THE HOUSE OF REPRESENTATIVES ket, into a grocery store and eventually to a years of service and excellence in higher edu- Wednesday, March 3, 2010 gas station with an open-air soda stand. Once cation; rollcall vote No. 76, on H.R. 3820, the Prohibition ended, the open-air soda stand Natural Hazards Risk Reduction Act of 2009; Ms. MCCOLLUM. Madam Speaker, it is my was transformed into a restaurant and the privilege to join my colleagues today in recog- and rollcall vote No. 77, on H. Res. 1097, Mariscottis obtained a beer and wine sales li- nizing the extraordinary American response to Supporting the goals and ideals of National cense. Engineers Week. the earthquake that devastated Haiti on Janu- ary 12, 2010. I am proud to support H. Res. Rasmeo and Pearl had four children: f 1048, H. Res. 1059, and H. Res. 1066. Each Maybelle, Ethalae, Robert and Dino. With a of these resolutions honors the courage and growing family and a growing business, the IN TRIBUTE TO REPRESENTATIVE sacrifice of the Americans who rushed to aid Mariscottis were doing well. In 1947, the fam- JOHN P. MURTHA OF PENNSYL- the people of Haiti in their time of need. ily hit a bump in the road when the State of VANIA The United States, with its swift and stead- California decided to develop Route 99 into a fast response, has once again demonstrated four-lane highway that cut directly through the the common decency and compassion of its SPEECH OF town of Berenda. With the completion of the citizens. When the lives of our neighbors are new highway, the city was gone. The HON. DALE E. KILDEE at stake, Americans do not hesitate. In the first Mariscottis decided to stay and build their next 10 days after the catastrophic earthquake— business, the Berenda Cafe´. OF MICHIGAN the worst to strike Haiti in 200 years—over IN THE HOUSE OF REPRESENTATIVES 14,000 members of the Armed Forces, thou- After their son Robert returned from serving sands of U.S. Army Reserve rescue workers, in the military, he began to work for his sister, Wednesday, February 24, 2010 and hundreds of government and volunteer Maybelle, and her husband at the Chowchilla Mr. KILDEE. Madam Speaker, I rise today personnel were on the ground to provide im- Market. In 1953, Robert married Helen Hodina to honor the life and memory of my friend, mediate assistance to the Haitian people. and they returned to the Berenda Cafe´. The John Murtha. While American search and rescue teams Berenda Cafe´ was operated by Rasmeo and John was an extraordinary man, patriot and pulled survivors from the rubble, and Federal Pearl until 1970 when Rasmeo passed away. Congressman. He served with distinction as employees raced to distribute water, food, and After that, Robert and Helen continued oper- the Chairman of the House Appropriations De- medical supplies, the American public donated ating the restaurant. Robert and Helen added fense Subcommittee where his knowledge and hundreds of millions of dollars to support relief a gift shop and renamed it the Berenda Ranch expertise on military issues was unparalleled. efforts. Remarkably, a recent poll found that Restaurant. nearly half of American families had donated, Our troops and veterans had no greater advo- In 1976, Highway 99 was expanded once cate than John Murtha and the country that he even in the midst of this difficult economic re- cession. again. With this alteration to the highway, the loved so dearly is better for his years of serv- Berenda Restaurant gave way to progress. ice. As I express my gratitude today to every American that has taken part in the disaster Robert and Helen continued the legacy of ad- His personal commitment to our troops was response, it is not without a heavy heart. Hai- aptation within the Mariscotti family and estab- extraordinary. He visited our war zones to tians and the Haitian-American community lished the Vineyard Restaurant in Madera. In learn firsthand about the need on the ground have endured unspeakable loss, and the road 1977 the Vineyard Restaurant opened its and always made time to visit with our sol- to recovery will be long and difficult. America doors as a twenty-four hour diner, a comfort- diers. No matter how busy he was, he would must continue to stand by Haiti and lead the food place that depended on traffic passing by always ask me about my two sons who served international effort toward its recovery. on Highway 99. In 1985, Mr. and Mrs. as captains in the U.S. Army, and I knew that Mariscotti added a bar and began to focus on he genuinely cared, from the bottom of his f lunch and dinner, with a priority of serving heart. HONORING THE MARISCOTTI high-quality local food from local farms. The FAMILY We all know that Jack was a proud marine, Vineyard Restaurant continues to operate by and their motto ‘Semper Fidelis,’ was indeed these principles. the motto of his life. HON. GEORGE RADANOVICH Today, their son, Chris, carries on the family Madam Speaker, I am a better Member of OF CALIFORNIA legacy in foodservice, running the family res- Congress for knowing John Murtha and Con- IN THE HOUSE OF REPRESENTATIVES taurant and continuing local philanthropic ef- gress as a whole is richer for his many years Wednesday, March 3, 2010 of service. I am honored to call him colleague forts with various organizations. The family and friend, and I will dearly miss his strength, Mr. RADANOVICH. Madam Speaker, I rise hosted the ‘‘Giving Tree’’ program through the dedication and friendship. God bless you John today to congratulate the Mariscotti family Madera Christmas Basket. They are also in- and Godspeed. upon being honored by the Fresno Chapter of volved in the Kampus Kettle program, the the California Restaurant Association with the Madera Chamber of Commerce. Chris f Best of the Valley ‘‘Lifetime Achievement Mariscotti has co-founded the local chapter of Award.’’ The Mariscotti family will be honored Slow Food International, Slow Food Madera. PERSONAL EXPLANATION on Monday, March 1, 2010 at the 2009 Best The Mariscotti family has been awarded the of the Valley Restaurant Awards at the Sa- Crystal Tower Award from the Madera Com- royan Theatre in Fresno, California. pact, and the Vineyard Restaurant has been HON. TOM COLE Rasmeo Mariscotti came to America in 1905 recognized by Spectator Magazine as one of OF OKLAHOMA with his parents, Angelo and Caroline, and his the top restaurants in the Central Valley’s sister, Louisa. Entering the United States IN THE HOUSE OF REPRESENTATIVES wine-growing region and was featured by Via through Ellis Island, the Mariscotti family made Magazine as one of the highlights of a trip their way to Louisiana and worked on a sugar Wednesday, March 3, 2010 down Highway 99. plantation. Once the family satisfied their debt Mr. COLE. Madam Speaker, on Friday, Feb- to the sugar company, they boarded a train Madam Speaker, I rise today to commend ruary 26, 2010, I missed the last vote in a se- and settled in Madera, California where they the Mariscotti family for their hard work, com- ries of six votes. I missed rollcall vote No. 74. had family and friends waiting for them. mitment to community, leadership, and their Had I been present and voting, I would have Upon arriving in Madera, Rasmeo began tradition of success in business. I invite my voted as follows: Rollcall vote No. 74: ‘‘yea’’ working at the Madera Sugar Pine Lumber colleagues to join me in wishing the Mariscotti (On agreeing to H. Con. Res. 238). Company. Later, he went to work on the Rob- family many years of continued success.

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.004 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E292 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2010 IN TRIBUTE TO REPRESENTATIVE HONORING MIAMI-DADE COUNTY Rodriguez, Jairo; Rodriguez, Pedro; Rouse, JOHN P. MURTHA OF PENNSYL- FIRE RESCUE Jeffrey; Santana, Luis; Selts, Jack; VANIA Smithies, John; Steele, Michelle; Strickland, Gregory; Strickland, Jeffrey; Strull, Mi- HON. ILEANA ROS-LEHTINEN chael; Sullivan, Robert; Tonanez, Alvaro; SPEECH OF OF FLORIDA Trim, Anthony; Vaughan, Ray; Wasilkowski, IN THE HOUSE OF REPRESENTATIVES Justin; Webb, Brandon; Whu, Danny; Wil- liams, Kenneth; Wood, Hilda; Yetter, Mi- HON. CAROLYN MCCARTHY Wednesday, March 3, 2010 chael. OF NEW YORK Ms. ROS-LEHTINEN. Madam Speaker, I As a result of these individuals’ inspiring IN THE HOUSE OF REPRESENTATIVES would like to honor and offer my sincerest work in Haiti, countless lives have been saved thanks to the Miami-Dade County Fire Rescue and many more have been assisted. Their Wednesday, February 24, 2010 team, specifically the Urban Search and Res- selfless mission and sense of commitment is cue branch, for their heroic efforts in aiding a testament to our Nation’s highest principles. Mrs. MCCARTHY of New York. Madam the relief work in Haiti. As Americans, we cannot thank them enough Speaker, it is with great honor that I rise today Within hours of learning that a magnitude for the work they have done both at home and to pay tribute to a dear friend and loyal public 7.0 earthquake had struck, Division Chief abroad. servant, the Honorable John Murtha. He was Dave Downey had organized a task force of f a strong voice for the constituents in the 12th 80 strong to respond. With minimal preliminary District of Pennsylvania and honorably served information, Chief Downey’s task force began PERSONAL EXPLANATION as the Chairman of the House Appropriations to mobilize immediately after the earthquake Subcommittee on Defense. struck on January 12. Having responded to HON. LYNN C. WOOLSEY I, like so many of my colleagues, am domestic disasters in the past including Hurri- OF CALIFORNIA blessed to have known Mr. Murtha on a pro- cane Opal, the World Trade Center and Hurri- IN THE HOUSE OF REPRESENTATIVES cane Katrina, Chief Downey’s Florida Task fessional and personal level. It is no surprise Wednesday, March 3, 2010 that Mr. Murtha will be remembered as such Force 1 was well equipped to help the dev- an effective legislator. Given his proud service astated town of Port-au-Prince. Ms. WOOLSEY. Madam Speaker, on Feb- in the Marine Corps and passionate devotion Overcoming logistical difficulties such as the ruary 26, 2010, on rollcall No. 71 (Schauer of for the greater good of our nation, Mr. Murtha transportation of nearly 100 search and rescue Michigan amendment), I inadvertently voted consistently served as a moral compass for personnel as well as their 62,000-pound ‘‘no’’ when I had intended to vote ‘‘aye.’’ the U.S. Congress. equipment, the efforts of Florida Task Force 1 f resulted in the largest number of survivors About a year and a half after the Iraq War RECOGNIZING CHRISTI MINISTER ever rescued in history. Rescuing their first started, many wounded soldiers were trans- victim almost 24 hours before their equipment ferred to Walter Reed Army Medical Center. had even arrived, we should all be proud of HON. ERIK PAULSEN Mr. Murtha visited these soldiers and wit- Chief Downey’s team and the devotion they OF MINNESOTA nessed the horrific wounds they were suffering showed in executing a successful rescue mis- IN THE HOUSE OF REPRESENTATIVES with, such as losing a limb or losing complete sion. Wednesday, March 3, 2010 eyesight. Mr. Murtha invited the veterans stay- In Chief Downey’s own words, ‘‘The breadth ing at Walter Reed, their families and mem- of this disaster was overwhelming.’’ With a full Mr. PAULSEN. Madam Speaker, I would bers of Congress to a restaurant meal where view of the destruction, Florida Task Force 1 like to recognize Christi Minister of Eden Prai- he wanted the members to hear the stories of was forced to overcome countless challenges. rie. She received the national Catholic Char- these courageous veterans. He wanted the With no Internet access or pre-established ities USA ‘‘Keep the Dream Alive’’ award on veterans to express how they became wound- GPS formats, the task force had no other op- Martin Luther King Day. Catholic Charities, ed and what they believed Congress could do tion but to plan their mission using old tourist which Christi had been a part of for more than to help make sure our American soldiers were maps for the first few—and most chaotic— 25 years, has worked to acknowledge those safe. Through legislation and appropriations days. Risking their own lives to save others, who give their time and energy to reducing funding, the stories from our veterans helped the courage and dedication of Florida Task poverty, supporting families and empowering Congress push the military to improve their Force 1 is truly an example to us all. Con- communities. This award, created this year, equipment. Humvee’s and protective vests fronted with their greatest enemy—time—I honors those who have made community were improved to keep our soldiers safe from commend the Miami-Dade Fire Rescue team service an integral part of their lives. Christi roadside bombs and other forms of hostility. for their quick and selfless response to the cri- believes focusing on education for all gives In all his years as an appropriator and legis- sis in Haiti. everyone an opportunity to experience the lator, he has always advocated for the safety At this time, I would like to submit the American dream. I would like to thank Christi of our military and has fought to improve the names of each individual that made up the Minister for her commitment to helping others, quality of life for American soldiers and their courageous Florida Task Force 1: and for ‘‘keeping the dream alive.’’ families. It was typical of Mr. Murtha to be Alvarado, Patricio; Alvarez, Andres; f modest about all of the care he showed the Baker, Robert; Bell, Raymond; Borz, Ronald; HONORING PAUL MASIH DAS, soldiers and veterans in times of war. After Bramblett, Colette; Bustamante, Miguel; Ca- INTEL SCIENCE TALENT SEARCH ballero, Derrick; Canfield, Michael; Capote, learning of the unacceptable conditions vet- FINALIST erans were subjected to at Walter Reed Army Ernesto; Catapano, Kristian; Chung, Rich- ard; Cooper, Rhaudal; Cuminale, Michael; Medical Center, Mr. Murtha immediately Dombrowski, Lawrence; Downey, David; HON. CAROLYN McCARTHY reached out to Members of Congress. He Driscoll, Stephen; Fernandez, Jorge; OF NEW YORK knew it was our country’s responsibility to Fernandez, Louie; Ferraro, John. bring justice to our nation’s wounded soldiers Fregeolle, Gary; Garcia, Frank; Garcia- IN THE HOUSE OF REPRESENTATIVES by ensuring that they received the proper Menocal, Jose; Gelabert, Brian; Gelabert, Wednesday, March 3, 2010 medical care they deserved. Manuel; Gimenez, Carlos; Gonzalez, Mario; Gonzalez, Orlando; Gonzalez, Ralph; Hale, Mrs. MCCARTHY of New York. Madam I extend my deepest condolences to his Marc; Hall, Richard; Herrera, Ernesto; Hook, Speaker, I rise today to recognize my con- family, loved ones and friends. Mr. Murtha will Andrew; Hooten, Chad; Jacobs, Edan; Jen- stituent Paul Masih Das and congratulate him be remembered as a man of honor, generosity kins, Millard; Lefur, Rachelle; Licea, Wil- as a finalist in the Intel Science Talent Search and strength. His unfaltering dedication and liam; Machado, Andres; Major, Malcolm. 2010. The Intel Science Talent Search is care is what made him such an extraordinary Mardice, Yves; Marks, Michael; Matos, America’s most prestigious science competi- person. It is with great sadness that I say Janice; Mclellan, Gregory; Moise, Rudolph; tion for high school seniors. Paul is one of Mullin, Scott; Neetz, Jacqueline; Oldfield, goodbye to a great man and friend. I will miss Jeffrey; Oldfield, Monica; Parker, Pamela; only 40 finalists nationwide. him dearly. I ask my colleagues to join me in Paternoster, Brandy; Paul-Noel, Karls; Paul’s project, ‘‘A Novel Chemical Synthesis expressing the gratitude of the U.S. Congress Pellon, Alejandro; Perez, Alberto; Perla, for >1 MUm 2 Graphene Sheets,’’ synthesized for his longtime service and leadership as a Marcelo; Perry, Alan; Post, Brandon; Pozo, single-layer graphene (a sheet of carbon that’s U.S. Representative. Rafael; Ramos, Sergio; Richard, Stacy. as thick as a single atom) using a relatively

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.009 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 3, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E293 quick, easy and inexpensive method that he have served in 139 countries across five con- On this anniversary I would like to acknowl- developed. tinents. These volunteers have provided last- edge Jonathan Lewis, who is a prime example As a student at Lawrence High School, Paul ing contributions to the agriculture, economy, of a volunteer who is working to accomplish participates in numerous activities and clubs. technology, education, health, youth, and envi- the goals of Peace Corps. Jonathan has been As a member of Young Ambassadors of ronment in areas of the world that require it working in Kazakhstan this past year to orga- America, Paul has represented the United most. nize the first official youth developmental States on cultural tours of Japan, Spain and In the course of their service, Peace Corps group in the country, focusing on leadership, Italy. In addition, he plays on the school’s ten- Volunteers learn new languages, gain inter- work ethics, and healthy lifestyles. At night he nis team, is captain of the math team and is national experience, and develop an under- volunteers his time teaching English and a member of the chess club. Paul is also an standing of other cultures. Their work and the American culture to students in schools and li- award-winning musician and manages the skills they develop strengthen our ties to the braries around the country. Jonathan’s efforts chamber orchestra. As a senior member of the global community and enhance our positive and all the Volunteers represent the caring Education and Labor Committee, I am truly image abroad. spirit that runs deep in our country. impressed by Paul’s accomplishments. Because of these achievements and its Today I honor the Peace Corps and its Madam Speaker, it is with pride and admira- commitment to volunteerism, the Peace Corps brave volunteers for their service to our nation tion I offer my congratulations to Paul Masih is one of the most cost-effective foreign policy and to the international community. In our Das and commend his dedication to education initiatives employed by our nation. ever-shrinking world, the mission of the Peace and science. I’ve proudly supported the Peace Corps Corps is more vital than ever. I hope that each f throughout my time in Congress. I’ve fought to one of my distinguished colleagues will join increase recruitment of volunteers, develop me in commending these men and women for IN TRIBUTE TO REPRESENTATIVE training programs in education and AIDS pre- their service. JOHN P. MURTHA OF PENNSYL- vention, and to help returning volunteers with f VANIA student loans. Most recently, I voted tor and Congress passed an increased investment in HONORING THE REVEREND CEDRIC SPEECH OF the Peace Corps, allowing the creation of new HUGHES JONES, JR. HON. EDDIE BERNICE JOHNSON programs in Indonesia and Sierra Leone this OF TEXAS year. HON. ROBERT A. BRADY IN THE HOUSE OF REPRESENTATIVES On this 49th anniversary of its founding, I OF PENNSYLVANIA Wednesday, February 24, 2010 applaud the Peace Corps for its important IN THE HOUSE OF REPRESENTATIVES work and honor its volunteers. Ms. EDDIE BERNICE JOHNSON of Texas. Wednesday, March 3, 2010 Madam Speaker, I rise today to celebrate the f Mr. BRADY of Pennsylvania. Madam life and honor the accomplishments of Con- PERSONAL EXPLANATION Speaker, I rise today to honor the Reverend gressman John Murtha who passed away on Cedric Hughes Jones, Jr. I congratulate Rev- February 8, 2010. HON. MICHAEL E. McMAHON erend Jones on his installation as the newest America lost a great patriot with the passing OF NEW YORK Pastor to the Mount Zion Baptist Church in of Congressman Murtha, and I join the people IN THE HOUSE OF REPRESENTATIVES Philadelphia. of Pennsylvania’s 12th Congressional District Reverend Jones will be the fourth Pastor of and countless other Americans in mourning Wednesday, March 3, 2010 the Mount Zion Baptist Church. He is excited his death. As a veteran, he never forgot the Mr. MCMAHON. Madam Speaker, on rollcall to begin a new chapter of its history and will needs of our military and through his leader- Nos. 75, 76, and 77, had I been present, I continue to support the church’s major com- ship as Chairman of the House Appropriations would have voted ‘‘yea.’’ munity outreach efforts. I am confident that Subcommittee on Defense, he made sure that f Reverend Jones will carry on the outstanding our military had the tools it needed to secure legacy of community service shared by the RECOGNIZING THE 49TH ANNIVER- America’s future. A frequent visitor to injured previous Mount Zion Baptist Church pastors. SARY OF THE PEACE CORPS troops at Walter Reed Army Medical Center The Mount Zion Baptist Church is excited to and the National Naval Medical Center, Con- welcome Revered Jones into their community, gressman Murtha deeply understood the sac- HON. SANFORD D. BISHOP, JR. and is confident that Reverend Jones will con- rifices that these men and women made for OF GEORGIA tinue the church’s mission and further build up our country. His ability to empathize with our IN THE HOUSE OF REPRESENTATIVES their place within the surrounding community. servicemembers and veterans was absolutely Wednesday, March 3, 2010 The church has a long history of support for and outreach to their community. In providing remarkable, and I will deeply miss his leader- Mr. BISHOP of Georgia. Madam Speaker, I meals, housing and clothing, as well as schol- ship in Congress. rise today in recognition of the 49th anniver- Madam Speaker, today I join my fellow col- arship funds and other financial assistance, sary of the Peace Corps and to commemorate leagues in mourning the death of Congress- the Mount Zion Baptist Church has helped Peace Corps Week. man Murtha who spent his life serving our Volunteers of the Peace Corps have served those in their community in the most need of country in both the military and the halls of valiantly since President John F. Kennedy help. Madam Speaker, I ask that you and my Congress. challenged Americans to work towards the other distinguished colleagues join me in f cause of peace. Since its creation on March 1, thanking the Mount Zion Baptist Church and 1961, nearly 200,000 Americans have an- HONORING THE PEACE CORPS FOR Reverend Jones for their work in bettering swered that call to contribute and improve 49 YEARS OF EXTRAORDINARY their community, and congratulate Reverend Americans’ understanding of other peoples SERVICE Jones on the occasion of his installment as and other peoples’ understanding of Ameri- Pastor. cans. At a time when extremist philosophies HON. ANNA G. ESHOO f OF CALIFORNIA are increasing throughout the world, we need these dedicated individuals more than ever. IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Madam Speaker, I would like to commend Wednesday, March 3, 2010 the 6,671 Peace Corps volunteers, including HON. ALAN GRAYSON 153 volunteers from the State of Georgia, who Ms. ESHOO. Madam Speaker, since Presi- OF FLORIDA are currently working to provide expertise and dent John F. Kennedy announced his vision IN THE HOUSE OF REPRESENTATIVES for an American volunteer service, the Peace developmental assistance to 76 countries. Corps has made extraordinary contributions to These volunteers are dedicating themselves Wednesday, March 3, 2010 millions of people across the globe. It plays an each day to the vision of President Kennedy. Mr. GRAYSON. Madam Speaker, on rollcall ongoing role in encouraging mutual under- These individuals share their time and talents No. 75, 76, and 77; H. Res. 1072, H.R. 3820, standing and nonviolent coexistence among by serving as teachers, business advisors, H. Res. 1097, I missed these votes because peoples of diverse cultures. HIV/AIDS educators, as well as sharing their car trouble caused me to miss my flight. On In the 49 years since its inception, nearly knowledge of information technology, agri- the next flight, because of heavy traffic, I 200,000 Americans—including my son Paul— culture, the environment, and health. missed these votes.

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.013 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E294 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2010 Had I been present, I would have voted I am proud to report that my home District, CONGRATULATING CALHOUN HIGH ‘‘aye’’ on all. California’s 9th Congressional District, can be SCHOOL f called home by 25 current volunteers who have committed themselves to the Peace HONORING TERRY MINOR HON. PHIL GINGREY Corps mission of world peace and friendship OF GEORGIA HON. JIM COOPER through service. IN THE HOUSE OF REPRESENTATIVES Through volunteer work abroad in fields in- Wednesday, March 3, 2010 OF TENNESSEE cluding health education, food security, local IN THE HOUSE OF REPRESENTATIVES business development, education about HIV/ Mr. GINGREY of Georgia. Madam Speaker, Wednesday, March 3, 2010 AIDS, and agricultural and environmental im- I am honored to represent Calhoun High provement, the work of the Peace Corps im- School and want to congratulate the students, Mr. COOPER. Madam Speaker, I rise today faculty, and staff on their achievements thus to congratulate my constituent Terry Minor. proves people’s lives while enhancing the credibility of the United States abroad, fos- far this year. Mr. Minor and his business, Cumberland Inter- Principal Wanda Westmoreland, a 17-year national Trucks, have received the Inter- tering the exchange of ideas, and uniting cul- tures around values of peace, tolerance, and Calhoun veteran, has told me that Calhoun’s national Circle of Excellence Award for 2009, victories in the athletic arena are a direct re- the highest honor a dealer principal can re- prosperity. That is why I have introduced H.R. 336, sult of academic achievements in the class- ceive. which calls for the introduction of a semi-post- room. Principal Westmoreland leads by exam- Cumberland International Trucks is ple and will be greatly missed when she re- headquartered in Nashville, Tennessee, where al Peace stamp, which will sell at a slightly higher rate than the normal 44 cents to create tires at the end of this school term. Her lead- it was founded more than 60 years ago. Terry ership is one of the reasons Calhoun was list- became a dealer principal in 2007 and cur- additional revenues for the Peace Corps. In the wake of the recent earthquakes in ed as one of America’s top schools by the rently employs 87 people. The Circle of Excel- U.S. News and World report. Additionally, Cal- lence Award, awarded by Navistar, recognizes Haiti and Chile, we are reminded of the power of the international community to assist and houn’s One Act Plays were the regional cham- truck dealerships that achieve the highest pions this year and placed third overall in the level of dealer performance. empower those who are in need. During National Peace Corps Week, we sa- state of Georgia. Before becoming a dealer, Terry worked for On the athletic side, I’d like to recognize the Cumberland International in a number of key lute past and present Volunteers who self- lessly serve abroad in support of these ideals. following Yellow Jacket teams for their positions, including regional manager for parts, achievements this year: Varsity Football, run- f national account manager for Ryder truck ner-up in the State Championships and nine sales, and vice president of sales for the HONORING THE WORK OF VFW time Regional Champions; Competition Southwest Region. He is active in a number of POST 8946 Cheerleading, the three time State Cham- industry groups, including the American Truck pions; and, Calhoun wrestler—Hunter Knight— Dealers, the Used Truck Association, and the HON. SCOTT GARRETT who won a state championship this year. National Automotive Dealers Association. He Congratulations to Calhoun High School for OF NEW JERSEY is heavily involved with the Tennessee Truck- their accomplishments on and off the field this IN THE HOUSE OF REPRESENTATIVES ing Association, where he serves on the board year. Keep up the great work and go Jackets! of directors. In addition, Terry is very active in Wednesday, March 3, 2010 f community service, including the Chamber of Mr. GARRETT of New Jersey. Madam IN TRIBUTE TO REPRESENTATIVE Commerce and the Brentwood Baptist Church. Speaker, today I rise to honor the work of Terry has been married to his wife Kristen for JOHN P. MURTHA OF PENNSYL- VFW Post 8946 in Woodcliff Lake, New Jer- VANIA 20 years. He actively supports Ravenwood sey for their selfless and inspiring deeds to- High School sports teams, including his wards their fellow citizens. For the past few SPEECH OF daughter Calleigh’s volleyball and lacrosse years this group of extraordinary individuals teams and his son Taylor’s rugby team. He is has been traveling to the Walter Reed Medical HON. JOHN B. LARSON also a veteran of the 2nd Battalion, 66th Ar- Center in Washington, D.C. as well as the OF CONNECTICUT mored Division of the U.S. Army out of Fort Walter Reed National Military Medical Center IN THE HOUSE OF REPRESENTATIVES Hood, Texas. in Bethesda, Maryland. During their trips the Wednesday, February 24, 2010 Terry’s dedication, strong work ethic, and members of the Post have spent time with community participation make him not only a Mr. LARSON of Connecticut. Madam wounded veterans and their families. They Speaker, I rise today to honor my great friend great representative of Tennessee’s values, have brought items such as clothing, CD play- but our Nation’s values as well. Madam and our dear colleague, John Murtha. America ers, electric shavers and even a large TV for has lost a true hero and patriot and the United Speaker, I ask you and my colleagues to join the recreation room. me in congratulating Terry Minor for this honor States Congress has lost a giant. Madam After one of their more recent visits to Wal- Speaker, I submit for the record Keith Burris’ and for his many contributions to Tennessee ter Reed Medical Center in Washington, Wil- and our country. column from the Journal Inquirer. The Journal liam Huston, a member of the Post, told a Inquirer is a newspaper serving my home dis- f local reporter that, ‘‘these young men have a trict and is the hometown voice of northern NATIONAL PEACE CORPS WEEK remarkable attitude, we cannot properly ex- central Connecticut. Keith’s words capture the press the admiration we have for them.’’ It is essence of John Murtha, and I ask my col- HON. BARBARA LEE this sense of genuine commitment towards leagues to join with me in honoring the life of helping those who have given so much to our OF CALIFORNIA this humble man, dear friend and great Amer- nation that makes this Post unique in many IN THE HOUSE OF REPRESENTATIVES ican. ways. [From the Journal Inquirer, Feb. 13, 2010] Wednesday, March 3, 2010 As I reflect on the deeds they have done I MUCH MAN Ms. LEE of California. Madam Speaker, I cannot help but be reminded of the enduring (By Keith C. Burris) words from President Abraham Lincoln’s sec- would like to take the opportunity to honor the In roughly 30 years in journalism I have Peace Corps during this National Peace Corps ond inaugural address. Lincoln challenged his met many politicians. In the beginning, this Week. fellow Americans to ‘‘care for him who shall was exciting. But after a while, you realize On March 1, 2010 the Peace Corps cele- have borne the battle and for his widow and that most of them are persons of exceptional brated its 49th anniversary. It is with the his- his orphan, to do all which may achieve and ambition, not exceptional conviction, skill, toric contributions of this organization in mind, cherish a just and lasting peace among our- or patriotism. Most people in politics are not that I proudly acknowledge the important work selves and with all nations.’’ The men of this very interesting. of nearly two hundred thousand Peace Corps Post are a living testament to these words. But a couple years ago, U.S. Rep. John Larson, himself an exception to the rule, volunteers since the agency’s inception in I want to once again thank this group of ex- brought to the Journal Inquirer Rep. John 1961. ceptional men for their service towards their Murtha, of Pennsylvania. Murtha’s back and California has been and continues to be the fellow citizens. I am proud to represent such forth with editors and reporters here made largest producer of Peace Corps volunteers a fine group of people in the United States for one of the most fascinating hours of con- with 792 people currently serving abroad. House of Representatives. versation I can remember.

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.019 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 3, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E295 Murtha died this week at 77, of a medical Murtha spent his spare time visiting oversaw the Review Office, where all CRS mistake. wounded soldiers at Bethesda Naval Hospital products are reviewed for consistency with the There aren’t many like him in Congress. and Walter Reed. He did not take cameramen dictates of objectivity, non-advocacy and non- There never were. with him. When he traveled to Iraq, it was First of all, Murtha, an ex-Marine officer, not a junket or a photo-op. He would tell the partisanship. Kent and his office also coun- was not the sort of fellow who needed a generals and ambassadors, ‘‘no PowerPoint,’’ seled CRS employees and managers on the ‘‘handler’’ or a ‘‘focus group’’ to calculate none of that stuff. Just talk to me, he would delicate questions surrounding outside speak- the political tides. Instead he used three an- say, and tell me what is going on. And then ing and writing and compliance with CRS and cient tools—study, his mind, and his con- he would go visit with the sergeants and the Library of Congress regulations and policies science. specialists. He took Larson under his wing, designed to ensure that all CRS staff maintain As a fine essay, reprinted from Politico on and to Iraq, early in Larson’s congressional these pages, documented, Murtha was fa- the ability to be seen as impartial and objec- career because ‘‘he goes home at the end of tive in their work for Congress. These are mous for the Washington rituals he did not the day and studies the CIA briefing books.’’ observe. When asked a question, he answered Murtha did not love the military as a con- questions whose sensitivity is matched by it. He did not hang with lobbyists or flacks. cept, but as people. Public servants like him- their importance to CRS and to the Congress. He did not go to parties, but got up early and self. His work for them in Congress was like Kent understood well the absolute necessity of went to bed early. (According to Politico, he his work for the citizens of the 12th District CRS maintaining its reputation for objectivity. would sometimes go home in the afternoon of Pennsylvania. He had a job to do. He was Whether reviewing a report or memo, deter- to listen to the BBC to get a fresh slant on supposed to take care of his people. mining the propriety of an outside activity of a U.S. foreign policy.) He did not court TV He was much man, John Murtha. people or the Washington Post, and didn’t CRS staff member or advising the Director of What a loss to the Congress and the coun- CRS on a policy question, Kent exercised the particularly know or care who those people try. were. good judgment and discretion demanded by And he didn’t back down. f such sensitive questions, questions with po- He wasn’t always right. And he knew that. He had the courage to change his mind. OUR UNCONSCIONABLE NATIONAL tentially profound consequences for the institu- But he was, as the saying goes, a ‘‘stand-up DEBT tion. guy.’’ You could not blow him down with a Mr. Ronhovde’s devotion to CRS’ mission to poll or a David Broder column. HON. MIKE COFFMAN serve Congress and commitment to its values Murtha had the understated self-con- infused his entire career. He joined CRS’ OF COLORADO fidence that the rare greats in politics have. American Law Division after graduation from IN THE HOUSE OF REPRESENTATIVES I met Mike Mansfield, briefly, once, and you Georgetown Law School in 1974, law school felt it from him. Ditto John Stennis. I am Wednesday, March 3, 2010 sure that Eisenhower had it. And maybe Ella having been interrupted by service in Vietnam Grasso. I know I have seen and felt it in the Mr. COFFMAN of Colorado. Madam Speak- as an intelligence officer. In the American Law presence of Eugene McCarthy, Ernest Hol- er, today our national debt is Division, Kent rose through the attorney ranks, lings, and John Glenn. Some public men $12,519,423,725,485.39. became a section head in 1985 and Assistant seem to shed their vanity as the years accu- On January 6, 2009, the start of the 111th Chief of the division in 1986. During this time, mulate and they settle into their work. They Congress, the national debt was he also earned a Masters of Public Adminis- begin to internalize their love of country. In- tration from American University. Kent became stead of politics being more and more about $10,638,425,746,293.80. them, it becomes more and more about serv- This means the national debt has increased a senior manager in the CRS Director’s Office ice. And they go about their work with con- by $1,869,110,716,567.24 so far this Con- in 1996 and assumed his latest position in centration and power, but minimal fuss. You gress. The debt has increased 2003. His portfolio in that position—in addition felt that with Murtha. There was no pos- $11,887,262,624.26 since just yesterday. to the committee liaison and policy compliance turing in the man. He looked you dead in the This debt and its interest payments we are responsibilities I recounted above—touched on eye and he told you what he thought was passing to our children and all future Ameri- the most important and consequential issues true and needed doing. Murtha was much in the news when he cans. facing CRS. Director Daniel P. Mulhollan stat- came to see us. He was known as the mili- f ed that ‘‘Kent provided exceptional service to tary’s greatest friend in Congress and he had the Congress and to CRS. Colleagues just come out for withdrawal from Iraq. I re- TRIBUTE TO KENT M. RONHOVDE throughout the Library and CRS admired his call him as a big man in a dark blue suit. His careful and deliberate judgment, his insightful hands were the hands of a working man. He HON. ROBERT A. BRADY examination of the question at hand and his might have been a machinist or a farmer in- OF PENNSYLVANIA sense of equanimity and balance. The Service stead of a soldier and statesman. Someone IN THE HOUSE OF REPRESENTATIVES and I could not have had a better counsel.’’ here snickered the other day that western Pennsylvania, from whence Murtha came, Wednesday, March 3, 2010 CRS and the Congress have lost a wise was ‘‘not really Pennsylvania, but Ohio.’’ It’s and devoted public servant. We extend our true in the sense that Murtha was from a Mr. BRADY of Pennsylvania. Madam deepest sympathies to Kent’s wife, Juliet, hardscrabble world where people are still Speaker, I rise today to share with you the life daughters Kristin and Brooke and their fami- close to land and labor and where hard work and mourn the death of a remarkable public lies and to all his friends and colleagues in and professionalism are what matter, not servant who dedicated his career to serving CRS. pretense, not birthright, not wealth or col- the United States Congress. Mr. Kent M. f lege degrees. It does not matter if you have Ronhovde died on February 19 after a valiant a family name and an MBA from Harvard. If struggle with cancer. Kent worked for 36 years COMMEMORATING THE LIFE AND you want to invade Iraq, you better study at the Congressional Research Service, start- ACHIEVEMENTS OF FRANKIE the history of Iraq. Yeah, Murtha was against abortion and for ing as an entry-level attorney right after law DRAYTON THOMAS the Second Amendment and he was born in school and rising to senior management posi- West Virginia and he owned a car wash be- tions in the Service. HON. ALCEE L. HASTINGS fore he got into politics. But that old Viet- At the time of his death, Kent was Associate OF FLORIDA nam veteran could set Condoleezza Rice’s Director for Congressional Affairs and Coun- IN THE HOUSE OF REPRESENTATIVES head spinning and he took no guff from selor to the Director. In that capacity and for right-wing no-nothings. If we had 50 ‘‘Ohio- the last 7 years, he was the liaison between Wednesday, March 3, 2010 ans’’ like John Murtha in the House we would have health-insurance reform today. CRS and its oversight committees in the Mr. HASTINGS of Florida. Madam Speaker, Murtha liked fellow pros. But pros who House and Senate ensuring that CRS and its I rise today to commemorate the life and were rooted in something. He got on well congressional overseers remained in commu- achievements of my dear friend Frankie with the first George Bush and not at all nication over the critical issues facing the Drayton Thomas, who died on February 27, with the second. He thought Donald Rums- Service. Regardless of changes in congres- 2010, in West Palm Beach, Florida from a feld was nuts and Robert Gates a great man. sional and committee leadership, Kent en- sudden heart attack. She was 81 years old. ´ ´ He was a protege of Tip O’Neill’s and prac- sured that there were no changes in CRS’s My thoughts and prayers go out to her son, ticed O’Neill’s adage that all politics is local (Murtha never got over the old and honor- commitment to its core values of confiden- James Thomas of New Carrollton, Maryland; able idea that a congressman’s first job is to tiality, authoritativeness, non-partisanship and daughter, local attorney Iola Mosley; sister, Lil- provide for his constituents), but Murtha objectivity. lie B. Drayton; brother, James Drayton; and trusted Rahm Emanuel about as far as he This commitment to CRS values manifested the rest of her family and friends at this most could throw him. itself in Mr. Ronhovde’s other duties. He difficult time.

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.024 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E296 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2010 Frankie Drayton Thomas, known to all as grew up in Milford, Ohio and—despite being courage with which a patient embraces life ‘‘Frankie,’’ was born in West Palm Beach, too big to play pee wee football and an after ostomy surgery is what the Great Come- Florida to Iola and Frank Drayton in May of unfulfilling first practice in high school—was backs program celebrates. 1928. She attended public schools and grad- recently named to the Milford High School Born with a defect of his colon, Tony Bell uated from Industrial High School as an honor Athletic Hall of Fame. received an ostomy after birth. The ostomy student in 1946. In 1950, Frankie graduated Zach went on to attend college at North- was reversed a few years later, but Tony re- from Howard University in Washington, D.C. western University where he was a three-year ceived a permanent colostomy at 9 years of and went on to earn a Master’s Degree in starter. He was selected as a first-team All- age. Following this procedure, Tony was ready Public Administration from Florida Atlantic Uni- American after his senior season. In 2006, to saddle up and grab life by the horns and he versity. Zach was selected in the seventh round of the embraced a bright future—one he hoped A pioneer in her own right, Frankie became National Football League Draft by the New Or- would include a career as a professional bull the first black college-trained social worker leans Saints. Now, in his fourth season with rider from Kansas. He wasted no time, mount- hired by the State of Florida’s Department of the Saints, Zach is an important part of the ing his first bull at the age of 10. As Tony Public Welfare. In the 1960s, she helped im- Super Bowl champions. trained for rodeo events, he also pursued his prove the lives of the less fortunate as a social Citizens of Ohio’s Second Congressional love of music. In fact, as a high school senior, worker in Washington State and, later, the District are certainly proud of Zach’s athletic he was chosen to join the elite Kansas Am- Glades community. After years of hard work accomplishments. However, I am more im- bassadors choir on a European tour. and dedicated service, Frankie rose to an ad- pressed with his actions off the field. Recog- While attending college on a singing schol- ministrative position in the Florida Department nizing a need to keep children active and arship, Tony entered the pro rodeo circuit and of Family and Youth Services. She retired wanting to give back to the community, he competed professionally for two years, even from the Department of Health and Rehabilita- formed the Zach Strief Dream Big Foundation riding in the Cheyenne Frontier Days Rodeo, tive services as Director of Resource Develop- with the help of his parents, Doug and Cathy. known as ‘‘Daddy of ’em All.’’ Having achieved ment and Volunteer Services in 1995. Through this charity, Zach and his new wife this childhood dream, Tony has set his sights Frankie was a ‘‘Renaissance woman,’’ also have become important contributors to the re- on a new goal, following in his parents foot- devoting herself to many political, social, and building of the New Orleans community—and steps to become a teacher. family endeavors. In June 1951, she and her he has not forgotten his hometown. The Zach Throughout his life, Tony says he drew tre- good friend Gwendolyn Baker Rodgers co- Strief Dream Big Foundation has focused on mendous strength from his parents, who founded Charmettes, Inc., an international or- after school activities for children in New Orle- taught him to be resilient and to bounce back ganization 19-chapters-strong that unites ans. And in Zach’s hometown of Milford, the from whatever life throws your way. He also women in the name of community strength. foundation has donated football equipment credits his ‘‘second family,’’ Youth Rally, a One of the many projects and services that and uniforms as well as provided scholarships summer camp for adolescents with an ostomy, she initiated as 1st Executive Director of the for children. Each summer, Zach returns to for helping him through some rough patches in Charmettes is the annual contribution to the Milford High School and conducts a youth his life. He now returns to Youth Rally each Howard University Cancer Research Center. football camp that benefits his foundation. summer as a counselor and enjoys providing From 1981 to present, the Charmettes have Madam Speaker, please join me in recog- support and encouragement to campers. contributed nearly $350,000 dollars to this ef- nizing Zach Strief for his many noteworthy ac- Today, Tony is 28 and lives in Harveyville, fort. complishments both on and off the football Kansas with his wife Pam and six-year-old Furthermore, Frankie was the founding field. Zach is truly an inspiring leader and stepdaughter Haiden. He works on the family president of the Northwest Democratic Club in Ohio’s Second Congressional District is proud farm and is just a few credits shy of his spe- Fort Lauderdale, Florida. She has served on that he is one of our own. cial education teaching degree. Tony con- the Board of Directors of the Urban League f tinues to channel his musical talents by per- and the Board of Directors of Southeast Hos- forming in a barbershop quartet with his fa- pice. In fact, she was the first African-Amer- RECOGNIZING TONY BELL OF ther. An outdoor enthusiast, he enjoys sky- ican female in the country to head a Hospice HARVEYVILLE, KANSAS diving and noodling (fishing for catfish with Board of Directors and also served on the your bare hands). Tony wants to share his Board of Directors of the Girl Scouts of Amer- HON. JERRY MORAN story of success so that others with life-chang- ica. Frankie was also a member of Delta OF KANSAS ing conditions know that they are not alone Sigma Theta and served as a Parliamentarian IN THE HOUSE OF REPRESENTATIVES and can achieve their goals with hard work, of the Broward County Chapter. Wednesday, March 3, 2010 determination, and perseverance. I commend Well-known for her political savvy, she orga- Tony on his efforts and will to help others and nized and executed many political forums and Mr. MORAN of Kansas. Madam Speaker, I I congratulate him on being selected as a helped to elect many candidates to office, in- rise today to recognize Tony Bell of Great Comebacks Recipient. Harveyville in the ‘‘Big First’’ Congressional cluding myself, as well as most of the Broward f County Commissioners and school board District of Kansas. Tony has been selected as members, Governor Bob Graham, Sheriff Ken a ‘‘Great Comebacks Recipient’’ for the central NATIVE HAWAIIAN GOVERNMENT Jenne, Attorney General Bob Butterworth, and region of the United States. He has been se- REORGANIZATION ACT OF 2009 President Bill Clinton. lected for this honor because of his persever- Madam Speaker, Frankie was a social work- ance and determination in the face of medical HON. BETTY McCOLLUM er, public servant, community leader, activist, and physical challenges. Each year, the Great OF MINNESOTA mentor, and philanthropist. Above all, how- Comebacks program celebrates a group of in- IN THE HOUSE OF REPRESENTATIVES dividuals who are living with intestinal dis- ever, she was a beautiful person whose com- Wednesday, March 3, 2010 passion and spirit touched countless lives. A eases or recovering from ostomy surgery. great voice for humankind has been lost. Tony is one of over 700,000 Americans who Ms. MCCOLLUM. Madam Speaker, I rise Frankie was my friend and she will be missed have an ostomy, a surgical procedure that re- today in support of H.R. 2314, the Native Ha- dearly. constructs bowel and bladder function through waiian Government Reorganization Act of f the use of a specially fitted medical prosthesis. 2009. This act recognizes the past injustices Many Americans suffering from Crohn’s or ul- suffered by native populations, and with this CONGRATULATING ZACH STRIEF cerative colitis rely on a certain type of ostomy act the United States can begin to move for- OF THE NEW ORLEANS SAINTS to function on a daily basis. Just like a pros- ward with a more positive government-to-gov- thesis, ostomies help restore patients’ ability to ernment relationship. HON. JEAN SCHMIDT participate in the normal activity of daily life. American Indians and Alaska Natives have OF OHIO The Great Comeback Awards program the right to govern their own affairs and deter- IN THE HOUSE OF REPRESENTATIVES raises awareness of quality-of-life issues for mine their membership. Native Hawaiians people with Crohn’s disease, ulcerative colitis, should also have the right to self-governance Wednesday, March 3, 2010 colorectal cancer, and other diseases that can and self-determination. Mrs. SCHMIDT. Madam Speaker, I rise lead to ostomy surgery. While ostomy surgery H.R. 2314 establishes a process for federal today to congratulate Zach Strief of the Super is a procedure that can be life saving, it is also recognition of one Native Hawaiian governing Bowl Champion New Orleans Saints. Zach life-changing for these patients. The spirit and entity and authorizes negotiations between the

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.028 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 3, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E297 state of Hawaii, the U.S. government, and the ball, and track and field national champion- he served in the Community Outreach Group, new entity on future issues. It begins to rec- ships. the American Medical Association, The Mem- oncile the past injustices suffered by native In addition to its academic and athletic suc- phians, Kappa Alpha Psi Fraternity, and populations and allows us to move forward cesses, the LSU system goes above and be- Sigma Pi Phi (Delta). Dr. Linkwood Williams with a more positive relationship. yond to serve the people of Louisiana. From passed away surrounded by his family on Sat- Opponents of this bill attempt to argue that its tireless efforts in the aftermath of the 2005 urday, February 20, 2010 and was laid to rest Congress is creating race-based governments. hurricanes to its various community outreach on Saturday, February 27, 2010. He was 91 Clearly, they fail to understand the sovereignty programs, LSU makes a great deal of dif- years old. Dr. Williams truly left his mark on of tribal nations. H.R. 2314 is not based on ra- ference in the many communities it serves. the world through his service to the citizens of cial status, rather a political status that has ex- Throughout the years, LSU has persevered Memphis, Tennessee. We are grateful to have isted for centuries. The bill does not exempt to become one of the leading educational in- had the pleasure of his dedication and perse- the governing entity from the U.S. Constitu- stitutions in the country. It continues to uphold verance in the community. tion, from federal law or from taxation. It does excellence at every level and sets a very wor- not transfer land or establish gaming or au- thy goal of reaching the upper level of national f thorize secession. It simply and formally rec- prominence by the end of 2010. REMEMBERING FRANK SARRIS ognizes the sovereignty of Native Hawaiians, It is my pleasure to recognize Louisiana which should have happened a long time ago. State University and join with the thousands of In the 110th Congress, I voted for a similar current students and alumni to celebrate 150 HON. TIM MURPHY bill (H.R. 505) that passed the House with bi- years of excellence. Geaux Tigers! OF PENNSYLVANIA partisan support on October 24, 2007, but was f IN THE HOUSE OF REPRESENTATIVES never considered by the Senate. Wednesday, March 3, 2010 As a member of the Congressional Native HONORING THE LIFE OF DR. American Caucus, I urge my colleagues to LINKWOOD WILLIAMS Mr. TIM MURPHY of Pennsylvania. Madam support H.R. 2314, and I urge the Senate to Speaker, the people of Southwestern Pennsyl- pass this legislation. HON. STEVE COHEN vania lost an icon when Frank Sarris, founder OF TENNESSEE of Sarris Candies, passed away Monday. A f half century ago when Frank presented his IN THE HOUSE OF REPRESENTATIVES RECOGNIZING JUDY SODERBERG sweetheart Athena with a box of chocolates, a Wednesday, March 3, 2010 loving Greek-American family and a chocolate HON. ERIK PAULSEN Mr. COHEN. Madam Speaker, I rise today empire were born. After giving Athena the chocolates, Frank OF MINNESOTA to honor the life of physician Linkwood Wil- liams, a famed Tuskegee Flight instructor and kept thinking he could make a tastier product. IN THE HOUSE OF REPRESENTATIVES Memphis physician. He was born to Mr. and He went to work in the basement of his Wednesday, March 3, 2010 Mrs. Elbert and Bessie McNeal Williams on Canonsburg home cooking up sweet desserts Mr. PAULSEN. Madam Speaker, I wish to August 29, 1918 in Bonita, Louisiana. At the for friends and family. Word quickly spread of recognize Judy Soderberg of Minnetonka, who age of three, he and his family moved to Frank’s delicious concoctions. To keep up with was introduced into the 2009 Multiple Scle- Madison, Illinois where he attended school the demand, Frank had to quit his day job as rosis Society Health Professionals Hall of through the twelfth grade, then worked with a forklift operator. Fame. Judy received this honor for nearly his father at a local steel mill. Once the people of Southwestern Pennsyl- three decades of passionate work on behalf of Having encouragement from his father to vania tasted Sarris Candies, their collective those with MS, which included her work to pursue higher education, Dr. Williams applied sweet tooth could not be satisfied. Frank help launch a first-of-its-kind, comprehensive and was accepted to study industrial arts at moved out of his basement and opened a MS center. The National MS Society recently Tuskegee Institute in Alabama, which was one shop next to his home. Eventually, he tore acknowledged Judy as ‘‘a leading advocate for of six colleges where pilot training was offered down his home, built a bigger chocolate fac- the MS community, Judy empowers people and the only facility in the country for training tory, and moved into an apartment above it. touched by the disease to be their own advo- black military pilots. After two years of study- As his chocolate delectables grew in popu- cates.’’ I would like to thank Judy Soderberg ing, he decided to pursue full-time training in larity, Frank soon became known as ‘‘Candy for her commitment to bettering the MS com- the Civilian Pilots Training Program, a pro- Man’’ throughout Canonsburg and beyond. munity. gram that would prepare him to quickly adapt The only son of Greek immigrants, Frank f to military aviation in the event of a national used his success to give back to the commu- emergency. Successfully progressing through nity. If there was a charitable event in RECOGNIZING LOUISIANA STATE all Civilian Pilots Training courses, Dr. Wil- Canonsburg, Frank could be counted on to UNIVERSITY liams became part of the Tuskegee Experi- donate chocolate or financial support. Children ence and went on to train many of the 450 pi- all across Pennsylvania sell Sarris Candies to HON. CHARLES W. BOUSTANY, JR. lots who served in the 332nd Fighter Group. raise money for school, sports, and clubs. And OF LOUISIANA The Tuskegee Airmen were the first combat one does not have to travel far to find evi- IN THE HOUSE OF REPRESENTATIVES group of African American pilots and flew with dence of Frank’s philanthropy. His legacy in- distinction during World War II. cludes the Frank Sarris Outpatient Clinic to Wednesday, March 3, 2010 At the end of the war, Dr. Williams married care for organ transplant patients, the Sarris Mr. BOUSTANY. Madam Speaker, I rise Katie Whitney, moved to Cleveland, Ohio, and Clinical Endowment to fund science research, today in support of LSU and its many achieve- became the third African-American to join the and the Frank Sarris Public Library. In one ments over the last 150 years. carpenters union. He later enrolled at Western way or another, Frank has touched the life of As a graduate of LSU medical school, I can Reserve University to complete the required every person in Canonsburg. attest to the excellence and professionalism of pre-med courses for acceptance into medical Generations of Southwestern Pennsylva- the faculty and to the spirited campus atmos- school. Afterwards, he applied to and was ac- nians have tasted and loved Sarris Candies. phere that is rivaled by few in the world. cepted to Meharry Medical College in Nash- Today, parents who grew up on Sarris LSU continues capturing the hearts of its ville, Tennessee. During the third year of his Candies take their children to the Sarris Choc- students just as it was since it first opened its residency, he was hired as a part-time instruc- olate Factory and Ice Cream Parlour. You can doors in 1860. It is a place with a unique cul- tor to teach Air Force ROTC cadets at Ten- see the eyes of each child light up when the ture, rich in tradition and quality. Originally nessee State University. homemade ice cream covered with Sarris top- serving as a war college, LSU has grown into After completing his residency, Dr. Linkwood pings is placed before them. At that moment, the flagship university of Louisiana. Williams moved to Memphis, Tennessee and each parent remembers what it is like to be a Through its seven institutions of higher began his OB–GYN practice, becoming the kid again. learning, as well as its distinguished faculty, first African American OB–GYN in the city. He Frank will be missed, but his memory will LSU prepares countless students for the ca- worked for 31 years until his retirement in live on every time a person takes a bite from reers of distinction in Louisiana and around 1995. a Sarris candy bar or a small child walks in to the world. LSU also celebrates a number of Dr. Linkwood Williams was a member of the Ice Cream Parlour for the first time to athletic achievements, including football, base- Mississippi Boulevard Christian Center, where order a sundae. Sweet dreams, Frank.

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VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.036 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS March 3, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E299 SENATE COMMITTEE MEETINGS 2:30 p.m. 10:30 a.m. Title IV of Senate Resolution 4, Intelligence Armed Services To hold a closed meeting to consider cer- Personnel Subcommittee agreed to by the Senate on February 4, tain intelligence matters. To hold hearings to examine the Active, 1977, calls for establishment of a sys- SH–219 Guard, Reserve, and civilian personnel tem for a computerized schedule of all programs in review of the Defense Au- meetings and hearings of Senate com- MARCH 10 thorization request for fiscal year 2011 and the Future Years Defense Pro- mittees, subcommittees, joint commit- Time to be announced gram. tees, and committees of conference. Health, Education, Labor, and Pensions SR–232A This title requires all such committees To hold hearings to examine the nomina- to notify the Office of the Senate Daily 2 p.m. tions of Patrick K. Nakamura, of Ala- Appropriations Digest—designated by the Rules com- bama, to be a Member of the Federal mittee—of the time, place, and purpose Labor, Health and Human Services, Edu- Mine Safety and Health Review Com- cation, and Related Agencies Sub- of the meetings, when scheduled, and mission, Gwendolyn E. Boyd, of Mary- committee any cancellations or changes in the land, and Peggy Goldwater-Clay, of To hold hearings to examine proposed meetings as they occur. California, both to be a Member of the budget estimates for fiscal year 2011 for As an additional procedure along Board of Trustees of the Barry Gold- the Department of Health and Human with the computerization of this infor- water Scholarship and Excellence in Services. mation, the Office of the Senate Daily Education Foundation, and Sharon L. SD–124 Digest will prepare this information for Browne, of California, Charles Norman 2:30 p.m. printing in the Extensions of Remarks Wiltse Keckler, of Virginia, and Victor Commerce, Science, and Transportation section of the CONGRESSIONAL RECORD B. Maddox, of Kentucky, all to be a To hold hearings to examine advancing on Monday and Wednesday of each Member of the Board of Directors of American innovation and competitive- ness. week. the Legal Services Corporation. Room to be announced SR–253 Meetings scheduled for Thursday, Foreign Relations March 4, 2010 may be found in the Daily 9:30 a.m. Energy and Natural Resources International Operations and Organiza- Digest of today’s RECORD. To hold hearings to examine S. 1696, to tions, Human Rights, Democracy and require the Secretary of Energy to con- Global Women’s Issues Subcommittee MEETINGS SCHEDULED duct a study of video game console en- To hold hearings to examine the future MARCH 5 ergy efficiency, S. 2908, to amend the of U.S. public diplomacy. SD–419 9:30 a.m. Energy Policy and Conservation Act to require the Secretary of Energy to pub- Judiciary Joint Economic Committee To hold hearings to examine certain lish a final rule that establishes a uni- To hold hearings to examine the employ- nominations. form efficiency descriptor and accom- ment situation for February 2010. SD–226 panying test methods for covered water SD–106 Energy and Natural Resources heaters, S. 3059, to improve energy effi- Public Lands and Forests Subcommittee MARCH 9 ciency of appliances, lighting, and To hold hearings to examine S. 2895, to 9:30 a.m. buildings, and S. 3054, to amend the En- restore forest landscapes, protect old Armed Services ergy Policy and Conservation Act to growth forests, and manage national To hold hearings to examine U.S. Euro- establish efficiency standards for bot- forests in the eastside forests of the pean Command, U.S. Africa Command, tle-type water dispensers, commercial State of Oregon, S. 2907, to establish a and U.S. Joint Forces Command in re- hot food holding cabinets, and portable coordinated avalanche protection pro- view of the Defense Authorization re- electric spas. gram, S. 2966 and H.R. 4474, bills to au- quest for fiscal year 2011 and the Fu- SD–366 thorize the continued use of certain ture Years Defense Program; with the 10 a.m. water diversions located on National possibility of a closed session in SR–222 Appropriations Forest System land in the Frank following the open session. Defense Subcommittee Church-River of No Return Wilderness SH–216 To hold hearings to examine Department and the Selway-Bitterroot Wilderness Appropriations of Defense health programs. in the State of Idaho, and S. 2791 and Interior, Environment, and Related Agen- SD–192 H.R. 3759, bills to authorize the Sec- cies Subcommittee Armed Services retary of the Interior to grant market- To hold hearings to examine proposed Emerging Threats and Capabilities Sub- related contract extensions of certain budget estimates for fiscal year 2011 for committee timber contracts between the Sec- the Department of the Interior. retary of the Interior and timber pur- SD–124 To hold hearings to examine U.S. govern- ment efforts to counter violent extre- chasers. Veterans’ Affairs SD–366 To hold hearings to examine a legislative mism and the role of the U.S. military in those efforts. Armed Services presentation from Veterans of Foreign Strategic Forces Subcommittee Wars. SR–222 To hold hearings to examine the military SDG–50 Foreign Relations space programs in review of the De- 10 a.m. To hold hearings to examine new direc- fense Authorization request for fiscal Energy and Natural Resources tions in global health. year 2011 and the Future Years Defense To hold hearings to examine financial SD–419 Program. transmission rights and other elec- Homeland Security and Governmental Af- SR–232A tricity market mechanisms. fairs SD–366 To hold hearings to examine the lessons MARCH 11 Finance and implications of the Christmas day 9:30 a.m. To hold hearings to examine United attack, focusing on watchlisting and Armed Services States preference programs, focusing pre-screening. To hold hearings to examine U.S. North- on options for reform. SD–342 ern Command and U.S. Southern Com- SD–215 Judiciary Environment and Public Works mand in review of the Defense Author- To hold hearings to examine corporate Superfund, Toxics and Environmental ization request for fiscal year 2011 and spending in American elections after Health Subcommittee the Future Years Defense Program; To hold hearings to examine business Citizens United. with the possibility of a closed session perspectives on reforming U.S. chem- SD–226 in SR–222 following the open session. ical safety laws. 10:15 a.m. SD–G50 SD–406 Appropriations 10 a.m. 2 p.m. Energy and Water Development Sub- Energy and Natural Resources Health, Education, Labor, and Pensions committee To hold hearings to examine legislative To hold hearings to examine Elementary To hold hearings to examine proposed proposals designed to create jobs re- and Secondary Education Act (ESEA) budget estimates for fiscal year 2011 for lated to energy efficiency, including reauthorization, focusing on K–12 edu- the National Nuclear Security Admin- proposed legislation on energy efficient cation for economic success. istration. building retrofits. SD–430 SD–116 SD–366

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\M03MR8.000 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS E300 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2010 Health, Education, Labor, and Pensions District of Columbia, focusing on chal- Parkway to serve the public, and H.R. To hold hearings to examine pay equity lenges and solutions. 3804, to make technical corrections to in the new American workplace. SD–342 various Acts affecting the National SD–430 Park Service, to extend, amend, or es- 11 a.m. MARCH 17 tablish certain National Park Service Homeland Security and Governmental Af- 2:30 p.m. authorities. fairs Energy and Natural Resources SD–366 State, Local, and Private Sector Prepared- National Parks Subcommittee ness and Integration Subcommittee To hold hearings to examine S. 553, to re- MARCH 18 To hold hearings to examine U.S. offi- vise the authorized route of the North 9:30 a.m. cials involved in drug cartels. Country National Scenic Trail in SD–342 northeastern Minnesota to include ex- Veterans’ Affairs 2:30 p.m. isting hiking trails along Lake Superi- To hold hearings to examine legislative Intelligence or’s north shore and in Superior Na- presentations from AMVETS, National To hold closed hearings to consider cer- tional Forest and Chippewa National Association of State Directors of Vet- tain intelligence matters. Forest, S. 1017, to reauthorize the Cane erans Affairs, Non Commissioned Offi- SH–219 River National Heritage Area Commis- cers Association, Gold Star Wives, The sion and expand the boundaries of the Retired Enlisted Association, Fleet Re- MARCH 16 Cane River National Heritage Area in serve Association, Vietnam Veterans of 9:30 a.m. the State of Louisiana, S. 1018, to au- America, and Iraq and Afghanistan Armed Services thorize the Secretary of the Interior to Veterans of America. To hold hearings to examine U.S. Special enter into an agreement with North- SDG–50 Operations Command and U.S. Central western State University in Command in review of the Defense Au- Natchitoches, Louisiana, to construct MARCH 23 thorization request for fiscal year 2011 a curatorial center for the use of Cane and the Future Years Defense Pro- River Creole National Historical Park, 9:30 a.m. gram; with the possibility of a closed the National Center for Preservation Armed Services session in SVC–217 following the open Technology and Training, and the Uni- To hold hearings to examine U.S. Pacific session. versity, S. 1537, to authorize the Sec- Command, U.S. Strategic Command, SH–216 retary of the Interior, acting through and U.S. Forces Korea in review of the 10 a.m. the Director of the National Park Serv- Defense Authorization request for fis- Energy and Natural Resources ice, to designate the Dr. Norman E. cal year 2011 and the Future Years De- Water and Power Subcommittee Borlaug Birthplace and Childhood fense Program; with the possibility of a To hold an oversight hearing to examine Home in Cresco, Iowa, as a National closed session in SVC–217 following the the Bureau of Reclamation’s imple- Historic Site and as a unit of the Na- open session. mentation of the SECURE Water Act, tional Park System, S. 1629, to author- SH–216 (Title 9501 of Public Law 111–11) and ize the Secretary of the Interior to con- the Bureau of Reclamation’s duct a special resource study of the ar- MARCH 24 WaterSMART program which includes cheological site and surrounding land the WaterSMART Grant Program, the of the New Philadelphia town site in 9:30 a.m. Basin Study Program and the Title the state of Illinois, S. 2892, to estab- Veterans’ Affairs XVI Program. lish the Alabama Black Belt National To hold an oversight hearing to examine SD–366 Heritage Area, S. 2933, to authorize the Veterans’ Affairs plan for ending home- 2 p.m. Secretary of the Interior to conduct a lessness among veterans. Homeland Security and Governmental Af- special resource study to determine the SR–418 fairs suitability and feasibility of desig- Oversight of Government Management, the nating the Colonel Charles Young Federal Workforce, and the District of Home in Xenia, Ohio, as a unit of the Columbia Subcommittee National Park System, S. 2951, to au- To hold hearings to examine assessing thorize funding to protect and conserve foster care and family services in the lands contiguous with the Blue Ridge

VerDate Nov 24 2008 04:54 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M03MR8.000 E03MRPT1 jbell on DSKDVH8Z91PROD with REMARKS Wednesday, March 3, 2010 Daily Digest Senate excessive 2009 bonuses received from certain major Chamber Action recipients of Federal emergency economic assistance, Routine Proceedings, pages S973–S1123 to limit the deduction allowable for such bonuses. Measures Introduced: Eleven bills and four resolu- Page S997 tions were introduced, as follows: S. 3060–3070, and Stabenow Amendment No. 3382 (to Amendment S. Res. 430–433. Pages S1017–18 No. 3336), to amend the Internal Revenue Code of Measures Considered: 1986 to allow companies to utilize existing alter- native minimum tax credits to create and maintain Tax Extenders Act—Agreement: Senate contin- American jobs through new domestic investments. ued consideration of H.R. 4213, to amend the Inter- Pages S1001–03 nal Revenue Code of 1986 to extend certain expiring Feingold/Coburn Amendment No. 3368 (to provisions, taking action on the following amend- Amendment No. 3336), to provide for the rescission ments proposed thereto: Pages S973–S1013 of unused transportation earmarks and to establish a Rejected: general reporting requirement for any unused ear- Grassley Modified Amendment No. 3352 (to marks. Pages S1004–05 Amendment No. 3336), to improve the bill. Brown (MA) Amendment No. 3391 (to Amend- (By 54 yeas to 45 nays (Vote No. 34), Senate ta- ment No. 3336), to provide for a 6-month employee bled the amendment.) Pages S976–78, S995, S998–99 payroll tax rate cut. Page S1005 Bunning Amendment No. 3360 (to Amendment No. 3336), to offset the cost of the bill. Burr Amendment No. 3389 (to Amendment No. (By 56 yeas to 41 nays (Vote No. 37), Senate ta- 3336), to provide Federal reimbursement to State and local Governments for a limited sales, use, and bled the amendment.) Pages S981–84, S1010–11 Bunning Amendment No. 3361 (to Amendment retailers’ occupation tax holiday, and to offset the No. 3336), to provide additional offsets. cost of such reimbursements. Pages S1005–06 (By 61 yeas to 36 nays (Vote No. 38), Senate ta- During consideration of this measure today, Senate bled the amendment.) Pages S981–84, S1011 also took the following action: Pending: By 38 yeas to 61 nays (Vote No. 33), three-fifths Baucus Amendment No. 3336, in the nature of a of those Senators duly chosen and sworn, not having substitute. Pages S973, S996–97, S1011 voted in the affirmative, Senate rejected the motion Sessions Amendment No. 3337 (to Amendment to waive pursuant to section 311 of the Congres- No. 3336), to reduce the deficit by establishing dis- sional Budget Act of 1974, with respect to Thune cretionary spending caps. Pages S973, S980 Further Modified Amendment No. 3338 (to Amend- Landrieu Modified Amendment No. 3335 (to ment No. 3336), to create additional tax relief for Amendment No. 3336), to amend the Internal Rev- businesses. Subsequently, the point of order that the enue Code of 1986 to extend the low-income hous- amendment was in violation of section 311 of the ing credit rules for buildings in GO Zones. Congressional Budget Act of 1974, was sustained, Pages S973, S1003–04 and the amendment was ruled out of order. Reid (for Murray) Amendment No. 3356 (to Pages S986–92, S995–96, S997–98 Amendment No. 3336), to provide funding for sum- By 38 yeas to 59 nays (Vote No. 35), three-fifths mer employment for youth. Pages S973–74, S984–86 of those Senators duly chosen and sworn, not having Coburn Amendment No. 3358 (to Amendment voted in the affirmative, Senate rejected the motion No. 3336), to require the Senate to be transparent to waive pursuant to the emergency provisions of the with taxpayers about spending. Page S997 Congressional Budget Act of 1974, with respect to Baucus (for Webb/Boxer) Amendment No. 3342 Burr Amendment No. 3390 (to Amendment No. to (Amendment No. 3336), to amend the Internal 3336), to provide an emergency benefit of $250 to Revenue Code of 1986 to impose an excise tax on seniors, veterans, and persons with disabilities in D176

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2010 to compensate for the lack of cost-of-living ad- Laura E. Kennedy, of New York, a Career Mem- justment for such year, to provide an offset using ber of the Senior Foreign Service, Class of Minister- unobligated stimulus funds. Subsequently, the Chair Counselor, for the rank of Ambassador during her sustained a point of order against Burr Amendment tenure of service as U.S. Representative to the Con- No. 3390 (to Amendment No. 3336) as being in ference on Disarmament. violation of the Pay-As-You-Go provision in S. Con. Julie Simone Brill, of Vermont, to be a Federal Res. 13, the concurrent resolution on the budget for Trade Commissioner for the term of seven years from fiscal year 2010, and the amendment thus fell. September 26, 2009. Pages S1006–09 Edith Ramirez, of California, to be a Federal By 47 yeas to 50 nays (Vote No. 36), three-fifths Trade Commissioner for the term of seven years from of those Senators duly chosen and sworn, not having September 26, 2008. Page S1113 voted in the affirmative, Senate rejected the motion to waive pursuant to section 904 of the Congres- Nominations Received: Senate received the fol- sional Budget Act of 1974 and section 4(g)(3) of the lowing nominations: Statutory Pay-As-You-Go Act of 2010, with respect Scott M. Matheson, Jr., of Utah, to be United to Reid (for Sanders) Modified Amendment No. States Circuit Judge for the Tenth Circuit. 3353 (to Amendment No. 3336), to provide an Kenneth J. Gonzales, of New Mexico, to be emergency benefit of $250 to seniors, veterans, and United States Attorney for the District of New Mex- persons with disabilities in 2010 to compensate for ico for the term of four years. the lack of cost-of-living adjustment for such year. Michael C. Ormsby, of Washington, to be United Subsequently, the Chair sustained a point of order States Attorney for the Eastern District of Wash- against Reid (for Sanders) Modified Amendment No. ington for the term of four years. 3353 (to Amendment No. 3336), as being in viola- Willie Ransome Stafford III, of North Carolina, to tion of section 201 of S. Con. Res. 21 of the 110th be United States Marshal for the Middle District of Congress, and the amendment thus fell. North Carolina for the term of four years. Pages S974–76, S978–80, S992–95, S1009–10 James L. Taylor, of Virginia, to be Chief Financial By 60 yeas to 37 nays (Vote No. 39), three-fifths Officer, Department of Labor. of those Senators duly chosen and sworn, having Routine lists in the Air Force, Army, Marine voted in the affirmative, Senate agreed to the motion Corps, and Navy. Pages S1113–23 to waive pursuant to section 904 of the Congres- sional Budget Act of 1974 and section 4(g)(3) of the Messages from the House: Pages S1016–17 Statutory Pay-As-You-Go Act of 2010, with respect Measures Referred: Page S1017 to Baucus Amendment No. 3336, in the nature of Executive Communications: Page S1017 a substitute. Thus, the point of order raised was not Page S1017 sustained. Pages S1011–12 Executive Reports of Committees: A unanimous-consent agreement was reached pro- Additional Cosponsors: Pages S1018–19 viding for further consideration of the bill at ap- Statements on Introduced Bills/Resolutions: proximately 9:30 a.m., on Thursday, March 4, 2010. Pages S1019–32 Page S1113 Additional Statements: Pages S1015–16 Nominations Confirmed: Senate confirmed the fol- lowing nominations: Amendments Submitted: Pages S1032–S1112 Elizabeth M. Harman, of Maryland, to be an As- Notices of Hearings/Meetings: Page S1112 sistant Administrator of the Federal Emergency Authorities for Committees to Meet: Management Agency, Department of Homeland Se- curity. Pages S1112–13 Lillian A. Sparks, of Maryland, to be Commis- Privileges of the Floor: Page S1113 sioner of the Administration for Native Americans, Record Votes: Seven record votes were taken today. Department of Health and Human Services. (Total—39) Pages S998–99, S1009–12 Paul R. Verkuil, of Florida, to be Chairman of the Adjournment: Senate convened at 9:30 a.m. and Administrative Conference of the United States for adjourned at 7:57 p.m., until 9:30 a.m. on Thurs- the term of five years. day, March 4, 2010. (For Senate’s program, see the Eileen Chamberlain Donahoe, of California, for the remarks of the Majority Leader in today’s Record on rank of Ambassador during her tenure of service as page S1113.) the United States Representative to the UN Human Rights Council.

VerDate Nov 24 2008 04:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR0.REC D03MRPT1 jbell on DSKDVH8Z91PROD with DIGEST D178 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2010 NATIONAL OCEANIC AND ATMOSPHERIC Committee Meetings ADMINISTRATION BUDGET (Committees not listed did not meet) Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, Fisheries, and APPROPRIATIONS: DEPARTMENT OF THE Coast Guard concluded a hearing to examine the ARMY President’s proposed budget request for fiscal year Committee on Appropriations: Subcommittee on Defense 2011 for the National Oceanic and Atmospheric Ad- concluded a hearing to examine proposed budget es- ministration and Fisheries Enforcement Programs timates for fiscal year 2011 for the Army, after re- and Operations, after receiving testimony from Jane ceiving testimony from John M. McHugh, Secretary Lubchenco, Under Secretary for Oceans and Atmos- of the Army, and General George W. Casey Jr., phere, and Adminstrator, National Oceanic and At- Chief of Staff, United States Army, both of the De- mospheric Administration, and Todd J. Zinser, In- partment of Defense. spector General, both of the Department of Com- merce. APPROPRIATIONS: ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF THE INTERIOR BUDGET Committee on Appropriations: Subcommittee on Inte- Committee on Energy and Natural Resources: Committee rior, Environment, and Related Agencies concluded concluded a hearing to examine the President’s pro- a hearing to examine proposed budget estimates for posed budget request for fiscal year 2011 for the De- fiscal year 2011 for the Environmental Protection partment of the Interior, after receiving testimony Agency, after receiving testimony from Lisa P. Jack- from Ken Salazar, Secretary, David Hayes, Deputy son, Administrator, Environmental Protection Agen- Secretary, and Pam Haze, Deputy Assistant Secretary cy. for Budget, Finance, Performance Management, and Acquisition, all of the Department of the Interior. PROTECTIVE FORCES AT THE DEPARTMENT OF ENERGY BUSINESS MEETING Committee on Armed Services: Subcommittee on Stra- Committee on Energy and Natural Resources: Committee tegic Forces concluded a hearing to examine the pro- ordered favorably reported the nominations of Larry tective forces at the Department of Energy, focusing Persily, to be Federal Coordinator for Alaska Natural on analyzed information on the management and Gas Transportation Projects, and Patricia A. Hoff- compensation of protective forces, the implementa- man, of Virginia, to be Assistant Secretary of Energy tion of Tactical Response Force (TRF), and the De- for Electricity Delivery and Energy Reliability. partment of Energy’s two options to more uniformly TRANSPORTATION INVESTMENTS manage Department of Energy protective forces, Committee on Environment and Public Works: Com- after receiving testimony from Eugene E. Aloise, Di- mittee concluded a hearing to examine transpor- rector, Office of Natural Resources and Environment, tation investments relative to the national economy Government Accountability Office; Glenn S. and jobs, after receiving testimony from Pete K. Podonsky, Director, Office of Health, Safety and Se- Rahn, Missouri Department of Transportation, Jef- curity, Department of Energy; and Mike Stumbo, ferson City, on behalf of the American Association of National Council of Security Police, Amarillo, Texas. State Highway and Transportation Officials; William GUANTANAMO DETENTION FACILITY R. Buechner, American Road and Transportation Committee on Armed Services: Committee met to receive Builders Association, and Raymond J. Poupore, Na- a closed briefing on policies, procedures, and prac- tional Construction Alliance II, both of Washington, tices relating to the transfer of detainees held at the D.C.; and Tom Foss, Griffith Company, Brea, Cali- Guantanamo Detention Facility, after receiving testi- fornia, on behalf of the Associated General Contrac- mony from William J. Lynn, Deputy Secretary, and tors of America. General James E. Cartwright, USMC, Vice Chairman UNITED STATES TRADE AGENDA of the Joint Chiefs of Staff, both of the Department Committee on Finance: Committee concluded a hearing of Defense; Daniel Fried, Special Envoy for Guanta- to examine the 2010 trade agenda, after receiving namo, Office of the Secretary of State; Matthew G. testimony from Ron Kirk, United States Trade Rep- Olsen, Executive Director, Guantanamo Detainee resentative, Executive Office of the President. Review Task Force, Office of the Attorney General, Department of Justice; and Charles W. Alsup, As- CHEMICAL SECURITY sistant Deputy Director of National Intelligence for Committee on Homeland Security and Governmental Af- Customer Requirements. fairs: Committee concluded a hearing to examine

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chemical security, focusing on assessing progress and Health Plan Choice, Centers for Medicare & Med- charting a path forward, including S. 2996, to ex- icaid Services, both of the Department of Health and tend the chemical facility security program of the Human Services; Howard B. Apple, SafeGuard Serv- Department of Homeland Security, and H.R. 2868, ices, LLC, Muncie, Indiana; and Christian Jensen, to amend the Homeland Security Act of 2002 to en- Quality Health Strategies, New Brunswick, New hance security and protect against acts of terrorism Jersey. against chemical facilities, to amend the Safe Drink- ing Water Act to enhance the security of public CRIME REDUCING STRATEGIES water systems, and to amend the Federal Water Pol- Committee on the Judiciary: Committee concluded a lution Control Act to enhance the security of waste- hearing to examine encouraging innovative and cost- water treatment works, after receiving testimony effective crime reduction strategies, after receiving from Rand Beers, Under Secretary, National Protec- testimony from Chief Michael E. Schirling, Bur- tion and Programs Directorate, and Sue Armstrong, lington Police Department, Burlington, Vermont; Acting Deputy Assistant Secretary for Infrastructure Chief Rodney Monroe, Charlotte-Mecklenburg Police Protection, both of the Department of Homeland Se- Department, Charlotte, North Carolina; Chief Dean curity; Peter S. Silva, Assistant Administrator for M. Esserman, Providence Police Department, Provi- Water, Environmental Protection Agency; Darius D. dence, Rhode Island; Chief Patrick J. Berarducci, Sivin, International Union, UAW, Washington, Medina Police Department, Medina, Ohio; and D.C.; Timothy J. Scott, Dow Chemical Company, David B. Muhlhausen, Heritage Foundation Center Freeport, Texas, on behalf of the American Chem- for Data Analysis, Washington, D.C. istry Council; and Stephen Poorman, FUJIFILM Im- aging Colorants Ltd., New Castle, Delaware, on be- VETERANS MENTAL HEALTH CARE AND half of the Society of Chemical Manufacturers and SUICIDE PREVENTION Affiliates. Committee on Veterans’ Affairs: Committee concluded MEDICARE PRESCRIPTION DRUG an oversight hearing to examine mental health care PROGRAM and suicide prevention for veterans, after receiving Committee on Homeland Security and Governmental Af- testimony from Gerald M. Cross, Acting Principle fairs: Subcommittee on Federal Financial Manage- Deputy Under Secretary for Health, Janet Kemp, ment, Government Information, Federal Services, National Suicide Prevention Coordinator, Caitlin and International Security concluded a hearing to ex- Thompson, Clinical Care Coordinator, Antonette amine oversight challenges in the Medicare prescrip- Zeiss, Deputy Chief, Office of Research and Devel- tion drug program, focusing on Centers for Medicare opment, and Theresa Gleason, Associate Deputy & Medicaid Services (CMS) oversight of Part D Chief Consultant and Chief Psychologist, both of sponsors’ fraud and abuse programs, including its Mental Health Services, and Al Batres, Director for past efforts and planned oversight activities, after re- Readjustment Counseling for Veterans Centers, all of ceiving testimony from Kathleen M. King, Director, the Veterans Health Administration, Department of Health Care, Government Accountability Office; Veterans Affairs; M. David Rudd, University of Utah Robert Vito, Regional Inspector General for Evalua- College of Social and Behavioral Science, Salt Lake tion and Inspections, Office of the Inspector General, City; Clarence Jordan, National Alliance on Mental and Jonathan Blum, Director, Center for Medicare Illness, Arlington, Virginia; and Daniel J. Hanson, Management, Acting Director, Center for Drug and South Saint Paul, Minnesota. h House of Representatives Chamber Action Reports Filed: There were no reports filed today. Speaker: Read a letter from the Speaker wherein she Public Bills and Resolutions Introduced: 18 pub- appointed Representative Schakowsky to act as lic bills, H.R. 4735–4752; and 4 resolutions, H.J. Speaker pro tempore for today. Page H1031 Res. 79; H. Con. Res. 246; and H. Res. 1135–1136 were introduced. Pages H1102–03 Chaplain: The prayer was offered by the guest Chaplain, Imam Abdullah Antepli, Duke University, Additional Cosponsors: Pages H1103–05 Durham, North Carolina. Page H1031

VerDate Nov 24 2008 04:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR0.REC D03MRPT1 jbell on DSKDVH8Z91PROD with DIGEST D180 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2010 Committee Leave of Absence: Read a letter from gratulate the California State University system on Representative Rangel wherein he requested a leave the occasion of its 50th anniversary. Pages H1081–84 of absence from his duties and responsibilities as Keeping All Students Safe Act: The House passed Chairman of the Committee on Ways and Means. H.R. 4247, to prevent and reduce the use of physical Page H1031 restraint and seclusion in schools, by a yea-and-nay Suspensions: The House agreed to suspend the rules vote of 262 yeas to 153 nays, Roll No. 82. and pass the following measures: Pages H1048–64 Encouraging individuals across the United Pursuant to the rule, the amendment in the na- States to participate in the 2010 Census: H. Res. ture of a substitute recommended by the Committee 1096, amended, to encourage individuals across the on Education and Labor now printed in the bill shall United States to participate in the 2010 Census to be considered as adopted. Page H1048 ensure an accurate and complete count beginning Agreed to: April 1, 2010, and to express support for designa- George Miller (CA) amendment (printed in part A tion of March 2010 as Census Awareness Month, by of H. Rept. 111–425) that changes the short title of a 2⁄3 recorded vote of 409 ayes to 1 no with 1 voting the bill and makes minor technical edits and ‘‘present’’, Roll No. 80; Pages H1035–37, H1046–47 Page H1062 Expressing concern regarding the suicide plane Flake amendment (printed in part B of H. Rept. attack on Internal Revenue Service employees in 111–425) that presumes that grants awarded under Austin, Texas: H. Res. 1127, to express concern re- this Act will be awarded using competitive, merit- garding the suicide plane attack on Internal Revenue based procedures, and requires that if a non-competi- Service employees in Austin, Texas, by a 2⁄3 yea-and- tive basis is used, the Secretary of Education must nay vote of 408 yeas to 2 nays, Roll No. 83; report to Congress the reason why competition was Pages H1043–45, H1064–65 not used. It also requires that no funds appropriated Supporting the goals and ideals of the fourth under this Act may be used for a congressional ear- annual America Saves Week: H. Res. 1082, to sup- mark, as defined in clause 9e of rule XXI of the port the goals and ideals of the fourth annual Amer- Rules of the House of Representatives (by a yea-and- ica Saves Week; Pages H1069–71 nay vote of 391 yeas to 24 nays, Roll No. 81). National Association of Registered Agents and Pages H1062–63 Brokers Reform Act: H.R. 2554, amended, to re- H. Res. 1126, the rule providing for consideration form the National Association of Registered Agents of the bill, was agreed to by a yea-and-nay vote of and Brokers; Pages H1071–76 228 yeas to 184 nays, Roll No. 78, after the pre- Authorizing the use of Emancipation Hall in vious question was ordered without objection. the Capitol Visitor Center for a ceremony to Pages H1037–42, H1045–46 present the Congressional Gold Medal to the Suspension—Proceedings Resumed: The House Women Airforce Service Pilots: H. Con. Res. 239, agreed to suspend the rules and agree to the fol- to authorize the use of Emancipation Hall in the lowing measure which was debated on Tuesday, Capitol Visitor Center for a ceremony to present the March 2nd: Congressional Gold Medal to the Women Airforce Congratulating the United States Military Service Pilots; Pages H1076–78 Academy at West Point on being named by Forbes Permitting the use of the rotunda of the Capitol magazine as America’s Best College for 2009: H. for a ceremony as part of the commemoration of Res. 747, to congratulate the United States Military the days of remembrance of victims of the Holo- Academy at West Point on being named by Forbes caust: H. Con. Res. 236, to permit the use of the magazine as America’s Best College for 2009, by a rotunda of the Capitol for a ceremony as part of the 2⁄3 yea-and-nay vote of 416 yeas with none voting commemoration of the days of remembrance of vic- ‘‘nay’’, Roll No. 79. Page H1046 tims of the Holocaust; Pages H1078–79 Suspension—Proceedings Postponed: The House Trademark Technical and Conforming Amend- debated the following measure under suspension of ment Act of 2010: S. 2968, to make certain tech- the rules. Further proceedings were postponed: nical and conforming amendments to the Lanham Act; and Pages H1079–81 Congratulating the National Football League Champion New Orleans Saints: H. Res. 1079, Commending and congratulating the California State University system on the occasion of its 50th amended, to congratulate the National Football anniversary: H. Res. 1117, to commend and con- League Champion New Orleans Saints for winning

VerDate Nov 24 2008 04:40 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR0.REC D03MRPT1 jbell on DSKDVH8Z91PROD with DIGEST March 3, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D181 Super Bowl XLIV and for bringing New Orleans its USMC, Deputy Commandant, Combat Development first Lombardi Trophy in franchise history. and Integration. Pages H1065–69 MEMBERS’ DAY Quorum Calls—Votes: Five yea-and-nay votes and one recorded vote developed during the proceedings Committee on the Budget: Held a hearing on Member’s of today and appear on pages H1045–46, H1046, Day. Testimony was heard from Representatives H1047, H1063, H1063–64, H1064–65. There were Teague, Bordallo, Christensen, Olson, Altmire, Kirk- no quorum calls. patrick of Arizona, Clarke, Loebsack, Klein of Flor- ida, Inglis, Pomeroy, Sherman, Johnson of Georgia, Adjournment: The House met at 10 a.m. and ad- Engel, Davis of Illinois, Lee of California, Kosmas, journed at 9:10 p.m. Posey, Halvorson, Filner, Sutton, Walz, McMahon, Tonko, Quigley, McGovern, Titus, Owens, Markey Committee Meetings of Colorado, Giffords, Holt, Perriello, McCarthy of MISCELLANEOUS MEASURES New York, Gene Green of Texas. Woolsey, Mica, Richardson and Peters. Committee on Agriculture: Ordered reported the fol- lowing bills: H.R. 3509, Agricultural Credit Act of EDUCATION REFORM AND INNOVATION 2009; and H.R. 3954, Florida National Forest Land Committee on Education and Labor, Held a hearing Adjustment Act of 2009. with U.S. Secretary of Education on Building a The Committee also approved Fiscal Year 2011 Stronger Economy: Spurring Reform and Innovation Budget Views and Estimates Letter to the Com- in American Education. Testimony was heard from mittee on the Budget. Arne Duncan, Secretary of Education. COMMODITY EXCHANGE ACT AMENDMENTS BUDGET VIEWS AND ESTIMATES Committee on Agriculture: Subcommittee on General Committee on Financial Services: Approved Committee Farm, Commodities and Risk Management held a Print entitled ‘‘Views and Estimates of the Com- hearing to review implementation of changes to the mittee on Financial Services on Matters to be Set Commodity Exchange Act contained in the 2008 Forth in the Concurrent Resolution on the Budget Farm Bill. Testimony was heard from Gary Gensler, for Fiscal Year 2011.’’ Chairman, CFTC. U.S. GLOBAL DEVELOPMENT POLICY DON’T ASK, DON’T TELL REPEAL PLAN USAID BUDGET Committee on Armed Services: Subcommittee on Mili- Committee on Foreign Affairs: Held a hearing on U.S. tary Personnel held a hearing to review the Depart- Policies and Programs for Global Development: ment of Defense process for assessing the require- USAID and the Fiscal Year 2011 Budget. Testimony ments to implement repeal of ‘‘Don’t Ask, Don’t was heard from Rajiv Shah, Administrator, U.S. Tell.’’ Testimony was heard from the following offi- Agency For International Development, Department cials of the Department of Defense: Clifford L. Stan- of State. ley, Under Secretary, Personnel and Readiness; GEN EAST ASIA-PACIFIC REGIONAL REVIEW Carter F. Ham, USA, Commanding General, U.S. Army Europe; and Jeh C. Johnson, General Counsel, Committee on Foreign Affairs: Subcommittee on Asia, both with the Co-Chairs Don’t Ask, Don’t Tell the Pacific and the Global Environment held a hear- Working Group. ing on Regional Overview of East Asia and the Pa- cific. Testimony was heard from Kurt M. Campbell, NAVY SHIPBUILDING PLAN Assistant Secretary, Bureau of East Asian and Pacific Committee on Armed Services: Subcommittee on Affairs, Department of State. Seapower and Expeditionary Forces held a hearing on the Fiscal Year 2011 National Defense Authorization HOMELAND SECURITY SCIENCE/ Budget Request for the Department of the Navy TECHNOLOGY DIRECTORATE shipbuilding acquisition programs. Testimony was Committee on Homeland Security: Subcommittee on heard from the following officials of the Department Emerging Threats, Cybersecurity, and Science and of the Navy, Department of Defense: Sean Stackley, Technology held a hearing entitled: ‘‘The Depart- Assistant Secretary, Research, Development, and Ac- ment of Homeland Security’s Science and Tech- quisition; VADM John Terence Blake, USN, Deputy nology Directorate.’’ Testimony was heard from Tara Chief of Naval Operations, Integration of Capabili- O’Toole, Under Secretary, Science and Technology, ties and Resources; and LTG, George J. Flynn, Department of Homeland Security.

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CUBA PRE-REVOLUTION TRADEMARK Atlanta, Georgia, as the ‘‘John C. Godbold United PROTECTION States Judicial Administration Building;’’ H. Res. Committee on the Judiciary: Held a hearing on Domes- 1125, Supporting the goals and ideals of National tic and International Trademark Implications of HA- Public Works Week, and for other purposes; and H. VANA CLUB and Section 211 of the Omnibus Ap- Res. 1062, amended, Recognizing the Coast Guard propriations Act of 1999. Testimony was heard from Group Astoria’s more than 60 years of service to the public witnesses. Pacific Northwest, and for other purposes. IMPROVING FISHERIES LAW The Committee approved the Fiscal Year 2011 ENFORCEMENT Budget Views and Estimates of the Committee on Transportation and Infrastructure. Committee on Natural Resources: Subcommittee on In- sular Affairs, Oceans and Wildlife held an oversight WATER RESOURCES DEVELOPMENT hearing entitled ‘‘Setting the Bar for Accountability: Improving NOAA Fisheries Law Enforcement Pro- REVIEW OF IMPLEMENTATION grams and Operations.’’ Testimony was heard from Committee on Transportation and Infrastructure: Held a Representatives Frank of Massachusetts, Jones and hearing on the Water Resources Development Act of Tierney; the following officials of the Department of 2007: A Review of Implementation in Its Third Commerce: Jane Lubchenco, Under Secretary, Oceans Year. Testimony was heard from the following offi- and Atmosphere and Administrator, NOAA; and cials of the Department of the Army, Department of Todd J. Zinser, Inspector General; and public wit- Defense: Jo-Ellen Darcy, Assistant Secretary (Civil nesses. Works); and LTG Robert L. Van Antwerp, Com- TRANSNATIONAL DRUG ENTERPRISES manding General, U.S. Army Corps of Engineers; and public witnesses. Committee on Oversight and Government Reform: Sub- committee on National Security and Foreign Affairs STATE VETERANS HOMES PAYMENT held a hearing entitled ‘‘Transnational Drug Enter- prises (Part II): U.S. Government Perspectives on the FLEXIBILITY Threats to Global Stability and U.S. National Secu- Committee on Veterans’ Affairs: Subcommittee on rity.’’ Testimony was heard from R. Gil Health held a hearing on H.R. 4241, To amend Kerlikowske, Director, Office of National Drug Con- chapter 17 of title 38, United States Code, to allow trol Policy; David T. Johnson, Assistant Secretary, for increased flexibility in payments to State veterans Bureau of International Narcotics and Law Enforce- homes. Testimony was heard from James F. Burris, ment, Department of State; Anthony P. Placido, As- M.D., Chief Consultant, Geriatrics and Extended sistant Administrator and Chief of Intelligence, Care, Veterans Health Administration, Department Drug Enforcement Administration, Department of of Veterans Affairs, and representative of veterans or- Justice; Adam J. Szubin, Director, Office of Foreign ganizations. Assets Control, Department of the Treasury; and William F. Wechsler, Deputy Assistant Secretary, BRIEFING—SRP WRAP-UP Counternarcotics and Global Threats, Department of Defense. Permanent Select Committee on Intelligence: Sub- committee on Technical and Tactical Intelligence ENERGY RESEARCH/DEVELOPMENT met in executive session to receive a briefing on SRP BUDGET Wrap-Up. The Subcommittee was briefed by depart- Committee on Science and Technology: Held a hearing on mental witnesses. the Department of Energy Fiscal Year 2011, Re- search and Development Budget Proposal. Testi- BRIEFING—HOT SPOTS mony was heard from Steven Chu, Secretary of En- Permanent Select Committee on Intelligence: Sub- ergy. committee on Terrorism, Human Intelligence, Anal- MISCELLANEOUS MEASURES ysis, and Counterintelligence met in executive ses- Committee on Transportation and Infrastructure: Ordered sion to receive a briefing on Hot Spots. The Sub- reported the following measures: H.R. 4714, amend- committee was briefed by departmental witnesses. ed, National Transportation Safety Board Reauthor- ization Act of 2010; H.R. 4715, Clean Estuaries Act of 2010; H.R. 4275, amended, To designate the Joint Meetings annex building under construction for the Elbert P. No joint committee meetings were held. Tuttle United States Court of Appeals Building in

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COMMITTEE MEETINGS FOR THURSDAY, 2995, to amend the Clean Air Act to establish a national MARCH 4, 2010 uniform multiple air pollutant regulatory program for the electric generating sector, 10 a.m., SD–406. (Committee meetings are open unless otherwise indicated) Committee on Foreign Relations: to hold hearings to exam- ine Middle East peace, focusing on ground truths, chal- Senate lenges ahead, 10 a.m., SD–419. Committee on Health, Education, Labor, and Pensions: to Committee on Appropriations: Subcommittee on Transpor- hold hearings to examine childhood obesity, focusing on tation, Housing and Urban Development, and Related reversing the epidemic, 10 a.m., SD–430. Agencies, to hold hearings to examine proposed budget Committee on Homeland Security and Governmental Affairs: estimates for fiscal year 2011 for the Department of Ad Hoc Subcommittee on State, Local, and Private Sector Transportation, 9:30 a.m., SD–124. Preparedness and Integration, to hold hearings to examine Subcommittee on Commerce, Justice, Science, and Re- disaster preparedness in the private sector, 1 p.m., lated Agencies, to hold hearings to examine funding and SD–342. oversight of the Department of Commerce, 10 a.m., Committee on the Judiciary: business meeting to consider SD–138. S. 1132, to amend title 18, United States Code, to im- Subcommittee on Energy and Water Development, to prove the provisions relating to the carrying of concealed hold hearings to examine proposed budget estimates for weapons by law enforcement officers, S. 1789, to restore fiscal year 2011 for the Department of Energy, 10 a.m., fairness to Federal cocaine sentencing, S. 2772, to estab- SD–192. lish a criminal justice reinvestment grant program to help Subcommittee on Legislative Branch, to hold hearings States and local jurisdictions reduce spending on correc- to examine proposed budget estimates for fiscal year 2011 tions, control growth in the prison and jail populations, for the Office of the Secretary of the Senate, the Office and increase public safety, S. 1624, to amend title 11 of of the Senate Sergeant at Arms, and the Office of the the United States Code, to provide protection for medical U.S. Capitol Police, 2:30 p.m., SD–138. Committee on Armed Services: to hold hearings to examine debt homeowners, to restore bankruptcy protections for the President’s proposed budget request for fiscal year individuals experiencing economic distress as caregivers to 2011 for the Air Force in review of the Defense Author- ill, injured, or disabled family members, and to exempt ization and the Future Years Defense Program; with the from means testing debtors whose financial problems possibility of a closed session in SVC–217 following the were caused by serious medical problems, S. 1765, to open session, 9:30 a.m., SH–216. amend the Hate Crime Statistics Act to include crimes Committee on the Budget: to hold hearings to examine the against the homeless, S. 148, to restore the rule that President’s proposed budget request for fiscal year 2011 agreements between manufacturers and retailers, distribu- for the Department of Defense, 2 p.m., SD–608. tors, or wholesalers to set the minimum price below Committee on Commerce, Science, and Transportation: to which the manufacturer’s product or service cannot be hold hearings to examine the President’s proposed budget sold violates the Sherman Act, and the nominations of request for fiscal year 2011 for the Department of Trans- Dawn Elizabeth Johnsen, of Indiana, to be an Assistant portation, 2:30 p.m., SR–253. Attorney General, Department of Justice, and Gloria M. Committee on Energy and Natural Resources: to hold hear- Navarro, to be United States District Judge for the Dis- ings to examine the Department of Energy’s implementa- trict of Nevada, Audrey Goldstein Fleissig, to be United tion of programs authorized and funded under the Amer- States District Judge for the Eastern District of Missouri, ican Recovery and Reinvestment Act of 2009, 10 a.m., Lucy Haeran Koh, to be United States District Judge for SD–366. the Northern District of California, Jon E. DeGuilio, to Committee on Environment and Public Works: to hold hear- be United States District Judge for the Northern District ings to examine the nominations of William D. of Indiana, and Jane E. Magnus-Stinson and Tanya Wal- Magwood, IV, of Maryland, William Charles Ostendorff, ton Pratt, both to be United States District Judge for the of Virginia, and George Apostolakis, of Massachusetts, all Southern District of Indiana, 10 a.m., SD–226. to be a Member of the Nuclear Regulatory Commission, Committee on Small Business and Entrepreneurship: business Arthur Allen Elkins, Jr., of Maryland, to be Inspector meeting to consider S. 2989, to improve the Small Busi- General, Environmental Protection Agency, Earl F. Gohl, ness Act, 10 a.m., SR–485. Jr., of the District of Columbia, to be Federal Cochair- Committee on Veterans’ Affairs: to hold hearings to exam- man of the Appalachian Regional Commission, Sandford ine legislative presentations from the Paralyzed Veterans Blitz, of Maine, to be Federal Cochairperson of the of America, Jewish War Veterans, Military Order of the

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Purple Heart, Ex-Prisoners of War, Blinded Veterans As- Committee on Financial Services, Subcommittee on Inter- sociation, Military Officers Association of America, Air national Monetary Policy and Trade, hearing entitled Force Sergeants Association, and the Wounded Warrior ‘‘Haiti Debt Relief,’’ followed by consideration of H.R. Project, 9:30 a.m., 345 Cannon Building. 4573, Debt Relief for Earthquake Recovery in Haiti Act Select Committee on Intelligence: to hold closed hearings to of 2010, 10 a.m., 2128 Rayburn. consider certain intelligence matters, 2:30 p.m., SH–219. Committee on Foreign Affairs, to mark up H. Res. 252, Affirmation of the United States Record on the Armenian House Genocide Resolution, 10 a.m., 2172 Rayburn. Committee on Appropriations, Subcommittee on Agri- Subcommittee on International Organizations, Human culture, Rural Development, Food and Drug Administra- Rights and Oversight, hearing on Restoring America’s tion, and Related Agencies, on Child Nutrition, 10 a.m., Reputation in the World: Why It Matters, 2 p.m., 2172 2362–A Rayburn. Rayburn. Subcommittee on Commerce, Justice, Science and Re- Committee on the Judiciary, Subcommittee on Crime, lated Agencies, on Fiscal Year 2011 Budget for the Alco- Terrorism and Homeland Security, hearing on the En- forcement of the Criminal Laws Against Medicare and hol, Tobacco, Firearms and Explosives, 10 a.m., H–310 Medicaid Fraud, 10 a.m., 2141 Rayburn. Capitol, and on Fiscal Year 2011 Budget for the Depart- Committee on Natural Resources, Subcommittee on Insular ment of Commerce, 2 p.m. 2359 Rayburn. Affairs, Oceans and Wildlife, oversight hearing on the Subcommittee on Defense, executive, on Contingency President’s Fiscal Year 2011 budget request for the Transportation and Logistics Issues, 10 a.m., H–140 Cap- United States Fish and Wildlife Service, 10 a.m., 1334 itol. Longworth. Subcommittee on Energy and Water Development, and Subcommittee on Water and Power, oversight hearing Related Agencies, on Fiscal Year 2011 Budget for Nu- on the President’s Fiscal Year 2011 Budget request for clear Nonproliferation, DOE, 10 a.m., 2362–B Rayburn. the Power Marketing Administrations, U.S. Department Subcommittee on Financial Services, and General Gov- of Energy, 2 p.m., 1324 Longworth. ernment, on Fiscal Year 2011 Budget for the Consumer Committee on Oversight and Government Reform, to mark Product Safety Commission, 10 a.m., B–308 Rayburn. up the following measures: H.R. 4098, Secure Federal Subcommittee on Homeland Security, on DHS Intel- File Sharing Act; H.R. 572, Contracting and Tax Ac- ligence Programs and the Effectiveness of State and Local countability Act of 2009; H.R. 946, Plain Language Act Fusion Centers, 10 a.m., 2358–A Rayburn. of 2009; and H.R. 4621, Prevent Deceptive Census Look Subcommittee on Homeland Security, on Fiscal Year Alike Mailings Act; H. Res. 1036, Recognizing the con- 2011 Budget for Transportation Security Administration: tributions of Korean Americans to the United States; Are We Making Smart Investments for Real Transpor- H.R. 4214, To designate the facility of the United States tation Security? 2 p.m., B–318 Rayburn. Postal Service located at 45300 Portola Avenue in Palm Subcommittee on Interior and Environment, and Re- Desert, California, as the ‘‘Roy Wilson Post Office;’’ H.R. lated Agencies, on Strengthening Native American Com- 4547, To designate the facility of the United States Post- munities: Fiscal Year 2011 Budget for Trust Resources al Service at 119 Station Road in Cheyney, Pennsylvania, and the Bureau of Indian Affairs, 2 p.m., B–308 Ray- as the ‘‘Captain Luther H. Smith U.S. Army Air Forces burn. Post Office;’’ H.R. 4628, To designate the facility of the Subcommittee on Labor, Health and Human Services, United States Postal Service located at 216 Westwood Education and Related Agencies, overview hearing on Avenue in Westwood, New Jersey, as the ‘‘Sergeant Combating Health Care Fraud and Abuse, 2 p.m., Christopher R. Hrbek Post Office Building;’’ H.R. 4624, 2358–C Rayburn. To designate the facility of the United States Postal Serv- Subcommittee on Military Construction, Veterans Af- ice at 125 Kerr Avenue in Rome City, Indiana, as the fairs, and Related Agencies, on Fiscal Year 2011 Budget ‘‘SPC Nicholas Scott Hartge Post Office;’’ and H. Res. for the Department of Veterans Affairs, 10 a.m., 2359 1086, Recognizing the importance and significance of the Rayburn. 2010 Census and encouraging each community within Subcommittee on State and Foreign Operations, and the Indian Country to name an elder to be the first mem- Related Programs, on U.S. Agency for International De- ber of that community to answer the 2010 Census; fol- velopment, 10:30 a.m., 2358–B Rayburn. lowed by a hearing entitled ‘‘Prostate Cancer: New Ques- Committee on the Budget, hearing on Defense Department tions About Screening and Treatment,’’ 9:30 a.m., 2154 Fiscal Year 2011 Budget, 10 a.m., 210 Cannon. Rayburn. Committee on Energy and Commerce, Subcommittee on Subcommittee on Domestic Policy, hearing entitled Commerce, Trade, and Consumer Protection, hearing on ‘‘Continuing Problems in USDA’s Enforcement of the TSCA and Persistent, Bioaccumulative, and Toxic Chemi- Humane Methods of Slaughter Act,’’ 2 p.m., 2154 Ray- cals: Examining Domestic and International Actions, 10 burn. a.m., 2322 Rayburn. Committee on Science and Technology, hearing on Reform Subcommittee on Communications, Technology, and in K–12 STEM Education, 10 a.m., 2318 Rayburn. the Internet, to continue hearings entitled ‘‘Oversight of Committee on Small Business, to mark up the Commit- the American Recovery and Reinvestment Act: tee’s Views and Estimates for Fiscal Year 2011, 10 a.m., Broadband, Part 3,’’ 10 a.m., 2123 Rayburn. 2360 Rayburn.

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Committee on Transportation and Infrastructure, Sub- employment of veterans in energy-related positions; H.R. committee on Economic Development, Public Buildings 950, To amend chapter 33 of title 38, United States and Emergency Management, hearing on U.S. Mayors Code, to increase educational assistance for certain vet- Speak Out: Addressing Disasters in Cities, 2 p.m., 2167 erans pursuing a program of education offered through Rayburn. distance learning; H.R. 3561, To amend title 38, United Subcommittee on Water Resources and Environment, States Code, to increase the amount of educational assist- hearing on Agency Budgets and Priorities for Fiscal Year ance provided to certain veterans for flight training; H.R. 2011, 10 a.m., 2167 Rayburn. 3577, Education Assistance to Realign New Eligibilities Committee on Veterans Affairs, Subcommittee on Eco- for Dependents (EARNED) Act of 2009; H.R. 3579, To nomic Opportunity, to mark up the following bills: H.R. amend title 38, United States Code, to provide for an in- 3948, Test Prep for Heroes Act; H.R. 3484, To amend crease in the amount of the reporting fees payable to edu- title 38, United States Code, to extend the authority for cational institutions that enroll veterans receiving edu- certain qualifying work-study activities for purposes of cational assistance from the Department of Veterans Af- the educational assistance programs of the Department of fairs, and for other purposes; H.R. 1879, National Guard Veterans Affairs; H.R. 3976, Helping Heroes Keep Their Employment Protection Act of 2009; and H.R. 1169, To Homes Act of 2009; H.R. 4079, To amend title 38, amend title 38, United States Code, to increase the United States Code, to temporarily remove the require- amount of assistance provided by the Secretary of Vet- ment for employers to increase wages for veterans enrolled erans Affairs to disabled veterans for specially adapted in on-the-job training programs; H.R. 4592, To provide housing and automobiles and adapted equipment, 1:30 for the establishment of a pilot program to encourage the p.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 4 10 a.m., Thursday, March 4

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of H.R. 4213, Tax Extenders Act.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E294 McMahon, Michael E., N.Y., E293 Gingrey, Phil, Ga., E294 Maloney, Carolyn B., N.Y., E290 Bishop, Sanford D., Jr., Ga., E293 Grayson, Alan, Fla., E293 Moran, Jerry, Kans., E296 Boustany, Charles W., Jr., La., E297 Green, Gene, Tex., E290 Murphy, Tim, Pa., E297 Brady, Robert A., Pa., E293, E295 Hastings, Alcee L., Fla., E295 Owens, William L., N.Y., E289 Coffman, Mike, Colo., E295 Higgins, Brian, N.Y., E289 Paulsen, Erik, Minn., E290, E292, E297 Cohen, Steve, Tenn., E297 Johnson, Eddie Bernice, Tex., E293 Poe, Ted, Tex., E289 Cole, Tom, Okla., E291 Kildee, Dale E., Mich., E291 Radanovich, George, Calif., E291 Cooper, Jim, Tenn., E294 Larson, John B., Conn., E294 Ros-Lehtinen, Ileana, Fla., E292 DeLauro, Rosa L., Conn., E298 Lee, Barbara, Calif., E294 Schmidt, Jean, Ohio, E296 Eshoo, Anna G., Calif., E293 McCarthy, Carolyn, N.Y., E292, E292 Schwartz, Allyson Y., Pa., E289 Farr, Sam, Calif., E290 McCollum, Betty, Minn., E291, E296 Woolsey, Lynn C., Calif., E290, E292

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