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

Vol. 157 WASHINGTON, TUESDAY, OCTOBER 4, 2011 No. 147 House of Representatives The House met at 10 a.m. and was Smithsonian’s National Museum of derstanding the way things in the called to order by the Speaker pro tem- American History, vice president of fi- world fit together. I loved just listen- pore (Mr. FITZPATRICK). nance for the Ford Foundation. He was ing to him talk. It made me feel like at f special assistant to three Cabinet Sec- least there were a few people who un- retaries, a lawyer, a journalist, and derstand how the world really should DESIGNATION OF SPEAKER PRO somehow found time to write 10 books. be. I always kept my notes from the TEMPORE Actually, he had run unsuccessfully for conversations in hopes that they would The SPEAKER pro tempore laid be- Congress against fellow Minnesotan make me smarter. He was devoted to fore the House the following commu- Gene McCarthy over 60 years ago. How public service, even in ‘retirement.’ He nication from the Speaker: might history have been different if he was always thinking about ways to make the world a better place. While WASHINGTON, DC, had won. October 4, 2011. You found out about Roger’s exploits he was very focused on the past, writ- I hereby appoint the Honorable MICHAEL G. in bits and pieces. When you were en- ing books about history, he was a mas- FITZPATRICK to act as Speaker pro tempore gaged in conversation, he would reach ter at using that knowledge to inform on this day. back into the past to illustrate points himself and others about the future. JOHN A. BOEHNER, with very tangible, concrete, easy-to- Preventing devastating damage from Speaker of the House of Representatives. understand examples, often with him- wildfires and his exploration of the f self having been in the middle of it. flame zone was a great example.’’ My legislative director, Janine Mr. Speaker, we often talk about MORNING-HOUR DEBATE Benner, and I became acquainted with someone’s passing as an opportunity to The SPEAKER pro tempore. Pursu- Roger as we were dealing with policies celebrate their life. It’s hard to imag- ant to the order of the House of Janu- to prevent, cope, and recover from nat- ine a better life to be celebrated, more ary 5, 2011, the Chair will now recog- ural disasters. One of Roger’s books productive, with greater joy and in- nize Members from lists submitted by was titled ‘‘Wildfire and Americans: sight, than the life Roger Kennedy the majority and minority leaders for How to Save Lives, Property, and Your lived. Today people in government seem in- morning-hour debate. Tax Dollars.’’ His kind words men- capable of dealing with big issues, mat- The Chair will alternate recognition tioning us by name in the acknowl- ters of consequence in a thoughtful and between the parties, with each party edgement was a high point of both of limited to 1 hour and each Member cooperative fashion. Well, there’s no our careers. He was a valued partici- better role model for any of us to meet other than the majority and minority pant in sessions we would have before leaders and the minority whip limited the challenge in all our opportunities and after Hurricane Katrina. He was a and responsibilities than Roger Ken- to 5 minutes each, but in no event shall keen student of the built environment, debate continue beyond 11:50 a.m. nedy. On behalf of our legislative direc- dealing with unintended consequences tor, Janine Benner, and the people in f of policy, whether putting Los Alamos our office who were privileged to know nuclear laboratory facilities in the IN HONOR OF ROGER KENNEDY and work with Roger, we extend our middle of an area that had been repeat- sympathies to his wife, Frances, and The SPEAKER pro tempore. The edly burned by wildfires or digging into Roger’s circle of family and friends. We Chair recognizes the gentleman from the history of the early South, slavery are all going forward strengthened by Oregon (Mr. BLUMENAUER) for 5 min- and land use, the Jeffersonian model. Roger’s friendship, scholarship, and ex- utes. He provided information and insights ample. Mr. BLUMENAUER. Mr. Speaker, I that were unique, profound, and pro- f note with sorrow the passing of Roger vocative. Even after his retirement, he Kennedy last Friday. Roger had a long continued to be a scholar, an advocate, AFGHANISTAN and storied career that exemplified no- a friend, and a mentor—especially a The SPEAKER pro tempore. The tions of public service. He was, indeed, mentor. Chair recognizes the gentleman from a renaissance man. I have read the articles that were North Carolina (Mr. JONES) for 5 min- It’s hard to think of anything that about Roger in The New York Times, utes. Roger had not done in his lifetime, The Washington Post, but none cap- Mr. JONES. Mr. Speaker, this Friday with the possible exception of hold tured better than a note from our legis- will be the 10th anniversary of our elective office. He was Director of the lative director, Janine Benner, who troops being committed to Afghani- National Park Service, Director of the wrote, ‘‘Roger was a big thinker, un- stan. This commitment by the previous

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

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VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.000 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6508 CONGRESSIONAL RECORD — HOUSE October 4, 2011 administration and Congress was justi- God, bless our men and women in uni- ditions are inhumane, and they are fied because bin Laden and al Qaeda form. Please, God, bless the families of forced to work under various subcon- were responsible for 9/11. But now bin our men and women in uniform. Please, tracting schemes. These contracts deny Laden is dead; al Qaeda is disbursed all God, in your loving arms, hold the fam- them basic benefits and keep them in around the world. ilies who have given a child dying for constant uncertainty about whether Beside me is a poster of an honor freedom in Afghanistan and Iraq. I ask they will be working next week or even guard carrying a flag-draped coffin off God to bless the House and the Senate the next day. They just want the right a plane at Dover Air Force Base. To ac- that we will do what is right in the to negotiate their contracts directly company the photo, I will read into the eyes of God for its people. I ask God to with their employers, the port associa- RECORD an editorial from Bob Schieffer give wisdom, strength, and courage to tions. titled ‘‘The Real Cost of War’’: President Obama, that he will do what The port workers ended their strike [I was in an airport lounge the other day is right in the eyes of God’s people. after just a few days because the when I saw a woman across the way. Why I And I will say three times, God please, Santos government promised to facili- kept staring, I don’t know. Maybe it was just God please, God please continue to tate talks between the workers and the that she seemed so sad. And then I under- port associations. But nothing hap- stood. And I looked away, hoping she had not bless America. seen me stare. Because in her lap was an f pened. Nothing changed. In fact, some American flag, neatly folded into a triangle things are worse. As part of the LAP, and placed in a clear plastic case, a flag fold- b 1010 the most common subcontracting ed the way it always is when it is given to a COLOMBIAN WORKERS CON- scheme, the so-called ‘‘cooperatives,’’ soldier’s family as the soldier’s coffin is low- STANTLY THREATENED AND AT was abolished, except nothing was done ered into the grave. to facilitate direct contracting be- I figured her to be a soldier’s mother, and RISK I couldn’t help but wonder what memories tween workers and their employers. So The SPEAKER pro tempore. The a new scheme has popped up called that flag evoked as she held it there. Did it Chair recognizes the gentleman from remind her of the first time she had seen her ‘‘simplified joint stock companies,’’ or child in the delivery room, or was it the Massachusetts (Mr. MCGOVERN) for 5 SAS. Good-bye cooperatives, hello memory of seeing him go off to school that minutes. SAS. Meet the new boss; worse than first day, or when he brought home the prize Mr. MCGOVERN. Mr. Speaker, I was the old boss. from the science fair, or maybe made the in Colombia at the end of August with The government has done little to touchdown, or gave her the first Valentine a delegation organized by the Wash- help, unfortunately. When I asked Vice when he wrote out, ‘‘Mommy, I love you.’’ ington Office on Latin America. President Garzon about the port work- I keep thinking about all the talk in Wash- In Medellin, we met with the Na- ington about the high cost of defense and ers, he promised to meet again with how we have to cut the Pentagon budget be- tional Labor School, or ENS, to discuss their union leader. Mr. Speaker, it’s fore it bankrupts the country. But as I the current labor situation in Colom- not the workers he needs to meet with watched that woman, budgets seemed to be bia. Their reports on threatened and and convince to negotiate. It’s the such a small part of all of it. No, the real murdered unionists are internationally presidents of the port associations. cost of war is not what we pay in dollars and recognized; and because of this, ENS Oil workers from Meta showed me cents. The real cost is what we take from a faces constant threats and efforts to photographs and documents describing mother who is left with just a memory and discredit them. a neatly folded flag in a clear plastic case.] poor living and working conditions, un- While not at the levels of the early fair contracts, and how the Canadian This was over a year ago, and I want 2000s, violence against Colombia’s to thank Bob Schieffer. I don’t think it Venezuelan oil company, Pacific workers continues. It is persistent and Rubiales, acts like a sovereign govern- can be said better than what he said frequent. It is a reality that cannot be that day, which I just read into the ment on Colombian soil, destroying denied, and it is meant to silence peo- RECORD. public roads, firing workers for orga- ple. At least 40 trade unionists have Why this Congress continues to com- nizing, and calling in security forces to plain about budgets and cuts and defi- been murdered since President Santos tear gas striking workers. I’m sure it’s cits and debts, and our young men and took office last year. not the whole picture, but once again women are walking the roads of Af- One benchmark in the Colombia striking workers returned to work be- ghanistan, getting their legs blown off Labor Action Plan is for the attorney cause the government promised to open and getting killed, and we sit here in general’s office to meet with ENS and talks with the company. Again, all the Congress and don’t bring it up as an determine how to address the more workers are asking for is the right to issue. than 2,900 cases of murdered unionists, negotiate directly with the company I want to thank my friends on both of which 90 percent remain in impu- about their contracts and their living sides of the aisle and the Republicans nity. The first meeting happened in and working conditions, and once again on this side of the aisle who are trying May, but there’s been no second meet- the Colombian Government let the to say to Mr. Obama, No, don’t leave ing. In Bogota, I met with Deputy At- workers down. them there until 2014. Karzai is a torney General Juan Carlos Forero. I In September, the strike was re- crook. He is a corrupt leader. You are asked him when the next meeting newed, more explosive on all sides than spending $10 billion a month in Afghan- would happen, and he said ‘‘immi- the last one, because nothing had istan, and you can’t even audit the nently.’’ Five weeks later, still no changed since July. Bruno Moro, the books in Afghanistan. And kids are meeting. U.N. delegate in Colombia, called on dying. Yet right here in America, we Last week, Human Rights Watch sent everyone to come to the table and re- are cutting programs for children to a study to Colombian Attorney General solve the crisis, describing the conflict get a pint of milk in school; and we are Viviane Morales. It says ‘‘virtually no as the result of no one creating condi- saying to a senior citizen, No sandwich progress’’ has been made in getting tions for dialogue. The workers have at the senior citizens center because we convictions for killings of labor activ- again returned to work because of can’t afford it. But, Mr. Karzai, we will ists that have occurred in just the past agreements by the government to open send you $10 billion. 41⁄2 years. So virtually no progress on talks with the company. This time, I Mr. Speaker, it’s borrowed money. recent murders of labor activists, and hope the government keeps its word. It’s not even Uncle Sam’s money. It’s little progress on past cases. Mr. Speaker, nothing I saw in Colom- probably Uncle Chang’s money. But Mr. Speaker, I met with port work- bia indicated things have changed for more importantly than the money is ers, campesinos, workers on palm oil the better on the ground for Colombia’s what Bob Schieffer said: It’s the pain of plantations, and petroleum and factory workers. Before we take up the FTA, war. And this Congress needs to come workers. Their reality is filled with we must demand concrete improve- together and say to Mr. Obama, Let’s risk, threats, and even death. They are ments in labor rights and security for bring them home this year, next year, not valued as human beings, Colombian Colombia’s workers. Whatever we’re but not wait until 2014, 2015. citizens, or productive members of so- doing now isn’t working, it isn’t mak- Mr. Speaker, I will close, as I always ciety. In Cartagena, port workers went ing a difference, and it simply isn’t do on the floor of the House, please, on strike in March. Their working con- enough.

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.003 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6509 [From Associated Press, Oct. 2, 2011] former members of the United Self-Defense Mr. WOLF. My conscience has com- STUDY: COLOMBIA ANTI-UNION VIOLENCE Forces of Colombia, or AUC. The head of pelled me to come to the floor today to UNDETERRED international affairs in the chief prosecutor’s voice concerns I have with the influ- office, Francisco Echeverri, told the AP that (By Frank Bajak) ence Grover Norquist, the president of it has put 513 people in prison. BOGOTA, COLOMBIA.—A new study chal- In nearly half of 50 recent convictions re- Americans for Tax Reform, has on the lenges claims from the administration of viewed by Human Rights Watch, the judges political process in Washington. My President Barack Obama that Colombia is cited ‘‘evidence pointing to the involvement issue is not with ATR’s goal of keeping making important strides in bringing to jus- of members of the security forces or intel- taxes low. Like Ronald Reagan said, tice killers of labor activists and so deserves ligence services, politicians, landowners, and I believe, ‘‘The problem is not that U.S. congressional approval of a long-stalled bosses or coworkers.’’ Yet in only one of the people are taxed too little; the free trade pact. those cases was such an individual convicted. The Human Rights Watch study found In the case of a gym teacher and union ac- problem is that government spends too ‘‘virtually no progress’’ in getting convic- tivist killed in the northwestern town of San much.’’ tions for killings that have occurred in the Rafael in 2002, one of the paramilitaries who I want to be perfectly clear: I do not past 41⁄2 years. confessed to the crime said it was committed support raising taxes on the American It counted just six convictions obtained by at the request of the mayor, according to the people. My concern is with the other a special prosecutions unit from 195 slayings judge’s decision. individuals, groups and causes with between January 2007 and May 2011, with The man who was mayor at the time and whom Mr. Norquist is associated that nearly nine in 10 of the unit’s cases from was re-elected in 2008, Edgar Eladio Giraldo, have nothing to do with keeping taxes is not being formally investigated and has that period in preliminary stages with no low. suspect formally identified. not been questioned about the killing, said Democrats in the U.S. Congress have long Hernando Castaneda, chief of the special Among them: resisted bringing the Colombia trade pact to unit. One, Mr. Norquist’s relationship with a vote, citing what they said is insufficient ‘‘I have no knowledge of that and did not Jack Abramoff. Mr. Abramoff essen- success in halting such killings. know that I was involved in that,’’ Giraldo tially laundered money through ATR The White House disagrees, and says Co- told The Associated Press by telephone when and Mr. Norquist knew it. lombia has made significant progress in ad- asked about the killing of Julio Ernesto Two, his association and representa- dressing anti-unionist violence. Ceballos. tion of terrorist financier and vocal It is pushing for congressional approval as A spokeswoman for Chief Prosecutor Mo- Hamas supporter Abdurahman early as this week of the Colombia agree- rales said Sunday that her boss had not yet yet seen the Human Rights Watch letter. Alamoudi. He also is associated with ment along with pacts with South Korea and terrorist financier Sami al-Arian, who Panama, something the Republicans endorse Dan Kovalik of the United Steel Workers and that they say will increase U.S. exports said the study’s findings and the continued pled guilty in 2006 to conspiring to pro- by $13 billion a year and support tens of killings ‘‘prove what labor is telling the vide services to Palestinian Islamic thousands of jobs. White House: The labor rights situation in jihad. U.S. Trade Representative Ron Kirk re- Colombia is not improving, and passage of Three, Mr. Norquist’s lobbying on be- cently said the trade agreements are ‘‘an in- the FTA is not appropriate.’’ half of Fannie Mae. A memo soon to be released by the AFL- tegral part of the President’s plan to create Fourth, Mr. Norquist’s representa- CIO deems Colombia noncompliant with the jobs here at home.’’ ‘‘Labor Action Plan’’ Santos and Obama tion of the Internet gambling industry. But in Colombia, the world’s most lethal agreed to in April as a condition for White Fifth, Mr. Norquist’s advocacy of country for labor organizing, the killings House approval of the free trade pact. moving Guantanamo Bay detainees to haven’t stopped. At least 38 trade unionists In the memo, shown to the AP, the labor the United States, including 9/11 mas- have been slain since President Juan Manuel federation finds neither ‘‘economic, political, termind Khalid Sheikh Mohammed. Santos took office in August 2010, says Co- or moral justification for rewarding Colom- Simply put, I believe Mr. Norquist is lombia’s National Labor School. bia with a free trade agreement.’’ ‘‘A major reason for this ongoing violence connected with or has profited from a Deputy Assistant U.S. Trade Representa- number of unsavory people and groups has been the chronic lack of accountability tive Nkenge Harmon said Friday when pre- for cases of anti-union violence,’’ Human sented with the study’s findings that Colom- out of the mainstream. I also believe Rights Watch said in a letter sent Thursday bia’s record prosecuting ‘‘perpetrators of vio- that Mr. Norquist has used the ATR to Colombian Chief Prosecutor Viviane Mo- lence’’ against labor activists ‘‘has improved ‘‘pledge’’ as leverage to advance other rales that details the study’s findings. significantly,’’ though she added that Colom- issues that many Americans would find Convictions have been obtained for less bian officials acknowledge more needs to be inappropriate and, when taken as a than 10 percent of the 2,886 trade unionists done. whole, should give people pause. killed since 1986, and the rights group said it Harmon also stressed that additional Co- I raise these concerns today in the found ‘‘severe shortcomings’’ in the work of lombian resources are being dedicated to the a special unit of Morales’ office established issue and that the U.S. government ‘‘is work- context of dealing with the future of five years ago to solve the slayings. The let- ing intensively with them through training our country. America is in trouble. Un- ter says the unit has demonstrated ‘‘a rou- and support.’’ employment is over 9 percent. Housing tine failure to adequately investigate the Human Rights Watch acknowledged that values continue to decline. Retirement motive’’ in labor killings as well as to ‘‘bring annual trade unionists killings are only a accounts are threatened. The American to justice all responsible parties.’’ quarter of what they were a decade ago. And people are worried. Yet Washington is A chief finding: The 74 convictions it applauded some measures taken by Chief tragically shackled in ideological grid- achieved over the past year owe largely to Prosecutor Morales, including her announce- lock. Some are dead set against any ment that an additional 100 police investiga- plea bargains with members of illegal far- change to entitlement programs, while right militias who confessed to killings in tors would be assigned to the special inves- exchange for leniency. tigative unit. others insist that any discussion of tax They did so under the so-called Justice and But HRW regional director Jose Miguel policy is off the table. Peace law that gave paramilitary fighters re- Vivanco said ‘‘the challenge (Morales) is fac- We are at a point today that the tsu- duced prison sentences of up to eight years ing remains huge.’’ nami of debt in America demands that in exchange for laying down their arms and A U.S. congressman who has met with var- every piece of the budget be scruti- confessing to crimes. That law expired at the ious Colombian presidents on human rights nized, and that means more than just end of 2006, the year the free trade pact was issues, Jim McGovern, a Democrat from Massachusetts, doesn’t think enough has cutting waste, fraud and abuse and dis- signed. cretionary programs. The real runaway Only in a handful of cases did prosecutors been done to reverse what he called a ‘‘dis- pursue evidence that the paramilitaries who mal’’ record. spending is occurring in our out-of-con- Said McGovern: ‘‘My worry is that if you confessed acted on the orders of politicians, trol entitlement costs and the hun- approve the FTA at this particular point you employers or others, Human Rights Watch dreds of billions in annual tax ear- remove all the pressure off the powers that says. marks in our Tax Code. Until we reach be in Colombia to actually make a sincere, Prosecutors ‘‘made virtually no progress in honest and concerted attempt to improve the an agreement that addresses those two prosecuting people who order, pay, instigate situation.’’ drivers of our deficit and debt, we can- or collude with paramilitaries in attacking f not right our fiscal ship of state. Ev- trade unionists,’’ the letter states. ‘‘What is erything must be on the table, and I at stake is the justice system’s ability to act A STATEMENT OF CONSCIENCE as an effective deterrent to anti-union vio- believe how the ‘‘pledge’’ is interpreted lence.’’ The SPEAKER pro tempore. The and enforced by Mr. Norquist is a road- Of the more than 275 convictions handed Chair recognizes the gentleman from block to realistically reforming our down through May, 80 percent were against Virginia (Mr. WOLF) for 5 minutes. Tax Code.

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.003 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6510 CONGRESSIONAL RECORD — HOUSE October 4, 2011 When Senator TOM COBURN recently Furthermore, we face these challenges not I have supported every serious effort to re- called for eliminating the special inter- in a vacuum, but in an increasingly competi- solve this crisis: the Bowles-Simpson rec- est ethanol tax subsidy, who led the op- tive and dangerous world filled with those who ommendations, the ‘‘Gang of Six’’ effort, and position? Mr. Norquist. Have we al- would stand to benefit from an America in de- the ‘‘Cut, Cap and Balance’’ bill—including the ready forgotten the battle over ear- cline. Among our biggest ‘‘bankers’’ are Balanced Budget Amendment. None of these marks from last year? Unlike an ear- China—which is spying on us, where human solutions were perfect, but they all took the mark included in an annual appropria- rights are an afterthought, and Catholic steps necessary to rebuild and protect our tions bill, tax earmarks are far worse bishops, Protestant ministers and Tibetan economy. because, once enacted, they typically monks are jailed for practicing their faith—and Powerful special interests continue to hold exist in perpetuity. Have we really oil-exporting countries such as Saudi Arabia, this institution hostage and undermine every reached a point where one person’s de- which funded the radical madrasahs on the Af- good faith effort to change course. mand for ideological purity is para- ghan-Pakistan border resulting in the rise of POLITICAL PLEDGES lyzing Congress to the point that even the Taliban and al Qaeda. Some may ask: what’s the big deal in sign- a discussion of tax reform is viewed as At a time when strong leadership is needed ing a pledge by a special interest group to ar- breaking a no-tax pledge? to address this fiscal crisis, it is unfortunate ticulate a candidate’s position on a political I understand that some may not that President Obama has continually failed to issue? agree with what I say. I know many are lead by example. He even walked away from Pledges are not new to politics, but conserv- not aware of Mr. Norquist’s associa- the recommendations of his own fiscal com- atives have long recognized their danger. In tions. But my conscience compels me mission. 1774 during an address to the electors of Bris- to speak out today. Reasonable people And just last month, on September 16, the tol, the father of conservatism, Edmund Burke, can differ on the merits of pledges—and Washington Post reported that President refused to bind himself to a pledge during the I respect those differences—but the Obama is once again walking away from any campaign and renounced their ‘‘coercive au- issue is with the interpreter and the serious effort to address the deficit and debt thority.’’ enforcer of a pledge. William Wilber- by removing any discussion of Social Security Burke said that an elected representative’s force, the British parliamentarian and from the debt negotiations. Once again, the ‘‘unbiased opinion, his mature judgment, his abolitionist, famously told his col- president is not only failing to lead, but ob- enlightened conscience, he ought not to sac- leagues: ‘‘Having heard all of this, you structing the process to find a bipartisan rifice to you, to any man, or to any set of men may choose to look the other way, but agreement on deficit reduction. living. . . . They are a trust from Providence, you can never again say you did not The president and some on the other side for the abuse of which he is deeply answer- know.’’ of the aisle say that this debt crisis is because able. Your representative owes you, not his in- I urge my colleagues to read my full Americans are undertaxed. In fact, the presi- dustry only, but his judgment; and he betrays, statement in the RECORD, which will dent just proposed paying for another round of instead of serving you, if he sacrifices it to also be posted on my Web page, going temporary stimulus spending by permanently your opinion.’’ into greater detail on the issues I have limiting charitable tax deductions. He knows More recently, preeminent American con- raised. that even members of his own party would servative academic Russell Kirk identified the A STATEMENT OF CONSCIENCE never support this. I don’t support this either. principal qualities of a conservative leader. Mr. Speaker, every day, brave men and Like President Reagan said, and I believe, Kirk urged conservatives to follow Burke’s ex- women in our armed forces and their families ‘‘The problem is not that people are taxed too ample and to be prudent. According to Kirk, are sacrificing for our country—many making little, the problem is that government spends ‘‘to be ‘prudent’ means to be judicious, cau- the ultimate sacrifice. Despite the danger, they too much.’’ There is no question that the real tious, sagacious. Plato, and later Burke, in- rise to the occasion. At this time of political problem is overspending, especially on run- struct us that in the statesman, prudence is and economic crisis, will the Congress and the away entitlement costs and through hundreds the first of the virtues. A prudent statesman is president match their courage? Will we rise to of billions of so-called tax expenditures. one who looks before he leaps; who takes the occasion? It is no secret that our inefficient and bur- long views; who knows that politics is the art Every member of Congress and the presi- densome tax code is undermining consumer of the possible.’’ dent know the dire economic situation facing and business confidence further weakening Conservatives of all people should not be our country. A debt load well over $14.5 tril- our fragile economic recovery. Comprehensive locked into any ideological position. We are lion. Annual deficits over $1 trillion. tax reform is needed now more than ever to bearers of a conservative tradition. Conserv- A separate but some believe even more im- rid our tax code of earmarks and loopholes atism is not an ideology; it’s not doctrine or portant challenge is addressing the over $62 that promote crony capitalism and let Wash- dogma. It is a way of seeing life. It draws on trillion in unfunded obligations and liabilities on ington pick winners and losers. the wisdom of the past to view events of the the books for entitlements including Social Se- Yet we sit here today shackled in ideological present. We all stand on the shoulders of the curity, Medicare and Medicaid. gridlock. Some insist that any discussion of great people who have gone before us. That We always say we want to leave our coun- tax policy is off the table. Others reject any is why G. K. Chesterton described our experi- try better than we found it and to give our chil- change in entitlement programs. ment as ‘‘democracy of the dead’’ because we dren and grandchildren hope for the future. On the Democrat side, MoveOn.org and care about the foundation laid by our fore- But if we do not change course, the debt bur- other liberal interests tie the hands of Demo- fathers. den will crush future generations. Every penny crat members, threatening them should they Burke’s wisdom was succinctly summarized of the federal budget will go to interest on the break ranks on any deficit reduction plan that by Governor Jeb Bush, who told the Wash- debt and entitlement spending by 2028. Every touches social programs. ington Post’s Michael Gerson in July, ‘‘I never penny. That means no money for our national On the Republican side, Grover Norquist raised taxes. I’m pro-life. But I don’t recall defense. No money for homeland security. No holds up the Americans for Tax Reform’s Tax- signing any of those pledges. You don’t hide money to fix our nation’s crumbling infrastruc- payer Protection Pledge to block even the your beliefs. You persuade people. You win or ture. No money for cancer research. mention of putting tax reform on the table for lose. And if you win, you are not beholden to The uncertainty about our nation’s economic discussion as part of a deficit reduction agree- anyone or anything other than your own be- future is undermining employer and consumer ment. liefs.’’ confidence, preventing the recovery we so For over five years I have pushed bipartisan I don’t sign or support political pledges. desperately need to get Americans back to legislation to set up an independent commis- Reasonable people can disagree about the work. sion to develop a comprehensive deficit reduc- philosophical merits of signing pledges—and I According to the most recent jobs data, the tion package that would require an up-or-down respect those differences. But even for those economy failed to add a single net job during vote by the Congress. I have said that the who do, I think everyone can recognize that August 2011. Not one. The nation’s unemploy- enormity of the crisis we face demands that the real danger of pledges lies with the ment rate continues to hover above 9 percent. everything must be on the table for discus- ideologues who claim ownership of the inter- We hear from our constituents every day sion—all entitlement spending, all domestic pretation and enforcement of the pledge. that they are worried about their jobs. They discretionary spending, and tax policy; not tax Since 1986, Grover Norquist has asked are worried about the value of their houses. increases, but reforms to make the tax code every candidate for office to sign the ‘‘Tax- They are worried about their investments and simpler and fairer and free from special inter- payer Protection Pledge.’’ He is the owner of retirement plans. est earmarks. the pledge, which he says binds the signer in

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 E:\CR\FM\K04OC7.005 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6511 perpetuity to oppose any and all tax increases, hedge fund managers, ethanol producers, David Safavian, and Dickie Scruggs, as well as determined solely by Norquist. He even automakers, and video game developers—all as convicted terrorist supporters Abdurahman locks the pledges in a safe. He has become receive tax breaks which subsidize their busi- Alamoudi and Sami Al-Arian. the self-anointed protector and if anyone dares nesses. More recently, according to news reports, challenge him, be prepared for retribution. A September 10, 2011, New York Times ar- Mr. Norquist has been an outspoken advocate Jason Horowitz, in a July 12 Washington ticle reported, ‘‘the federal government gave for moving Guantanamo Bay detainees to the Post article reported: ‘‘The sacred texts from $123 billion in tax incentives to corporations in United States, including 9/11 mastermind which Grover Norquist draws his political 2010, according to the Joint Committee on Khaled Sheik Mohammed to New York City. power are hidden in a secret fireproof safe.’’ Taxation.’’ The article highlighted one example He also interjected himself into the debate He quotes Norquist: ‘‘I keep the originals in of unnecessary and wasteful tax earmarks, about the proposed ‘‘Ground Zero Mosque’’ a vault, in case D.C. burns down. When stating that tax ‘‘breaks for the video game in- last summer. someone takes the pledge, you don’t want it dustry—whose domestic sales of $15 billion a I want to be clear: I raise these issues not tampered with; you don’t want it destroyed.’’ year now exceed those of the music busi- just because Mr. Norquist’s associates may be In his own words in the October 2011 edi- ness—are a vivid example of a tax system unsavory people. There are many lobbyists in tion of The American Spectator, Norquist says, that defies common sense.’’ Washington who represent clients of all stripes ‘‘Take the Pledge, win the primary. Take the But, according to Mr. Norquist’s pledge, and backgrounds. But my concern arises Pledge, win the general. Break the Pledge, anyone who opposes the myriad of tax sub- when the appearances of impropriety are lose the next election.’’ sidies that allowed General Electric to avoid raised over and over again with a person who Columnist Robert Samuelson, in a July 10 paying taxes last year would violate ‘‘the has such influence over public policy. That, I Washington Post piece pointed out, ‘‘just in pledge.’’ The average American family last believe, should give any fair-minded person case you hadn’t noticed, no one has elected year paid more in taxes than GE, which has pause. Grover Norquist to anything. Still, he looms as aggressively offshored thousands of jobs to ABRAMOFF SCANDAL a major obstacle to Congress reaching a def- China and has been actively transferring Norquist’s role in the Jack Abramoff scandal icit-reduction agreement. . . .’’ American technology to the Chinese govern- has been well documented by federal inves- Samuelson continued: ‘‘[B]ut what’s reveal- ment, according to an August 23, 2011, article tigators, including the Senate Committee on ing about Norquist’s passionate advocacy is in The Washington Post by Howard Schnei- Indian Affairs’ 2006 report, Gimme Five—In- that it virtually ignores the main causes of big- der. vestigation of Tribal Lobbying Matters. Inves- ger government: Social Security and Medi- Have we already forgotten the battle over tigators found that Messrs. Norquist and care.’’ earmarks from last year? Unlike an earmark Abramoff developed a secretive relationship I agree that entitlement spending is the 800- included in an annual appropriations bill, these under which Mr. Abramoff directed the Choc- pound gorilla in the room. The hundreds of bil- ‘‘tax earmarks’’ are far worse because once taw tribe to make payments to Americans for lions in annual tax earmarks in our tax code enacted they exist in perpetuity. Tax earmarks Tax Reform, which, in turn, transferred the also must be dealt with. Until we reach an last for multiple spending cycles—piling up as money to Ralph Reed’s advocacy firm—after agreement that addresses these two drivers of special interest lobbies succeed in getting taking a ‘‘management fee,’’ which averaged our deficits and debt, we cannot right our fis- more special treatment for their clients. At the $25,000 per transaction, for agreeing to serve cal ship of state. end of the day, whether a spending earmark as Abramoff’s conduit, according to the com- We are at a point today that the tsunami of or a tax earmark, the federal government is mittee’s report. debt in America demands that every slice of picking winners and losers, and the losers are According to the same Senate report, the budget be scrutinized. As I said before, hard-working Americans who are looking to us ‘‘Abramoff said that keeping the arrangement everything must be on the table. to reduce their tax rates. with Norquist and ATR a secret was important. After all, Abramoff wrote ‘[w]e do not want op- Have we really reached a point where one I stand with Senator COBURN. I don’t want to person’s demand for ideological purity is para- increase marginal tax rates on hard-working ponents to think we are trying to buy the tax lyzing Congress to the point that even a dis- Americans; I want to lower them by ridding the payer [sic] movement.’ ’’ Again, according to the Senate report, ‘‘On cussion of tax reform is viewed as breaking a tax code of the loopholes and special interest May 20, 1999, Norquist had asked Abramoff, no-tax pledge? earmarks. If we can reform the code in that ‘What is the status of the Choctaw stuff. I It is curious that Norquist is president of way, we can lower marginal tax rates. have a $75K hole in my budget from last year. Americans for Tax Reform, yet his purist I would submit that Mr. Norquist has every Ouch [sic].’ Thus in the fall of 1999, Abramoff pledge has no mention of working to reform interest in protecting these special interest tax reminded himself to ‘call Ralph [Reed] re Gro- the tax code to make it simpler and fairer to earmarks because that is how he earns his liv- ver doing pass through.’ When Abramoff sug- average American taxpayers. ing. A review of his lobbying disclosure forms gested the Choctaw start using ATR as a con- ATTACKS ON CONGRESS demonstrate how many special interest issues duit, the Tribe agreed.’’ We recently witnessed Norquist’s zealotry in he lobbies on and how little they have to do In February 2000, according to the Senate action as he worked to stop Senator TOM with reforming the tax code to lower tax rates report, Mr. Abramoff contacted Mr. Reed in COBURN’s call for eliminating the ethanol tax on all Americans. advance of a series of $300,000 payments to subsidy. Senator COBURN signed Norquist’s I would also submit that Mr. Norquist’s ATR to warn him that, ‘‘I need to give Grover pledge, but he dared to call for a change in pledge—which candidates sign to indicate something for helping, so the first transfer will the tax code to eliminate spending through the their opposition to tax increases—has be a bit lighter.’’ tax code. morphed into a powerful mechanism for Mr. The degree to which Mr. Norquist was finan- In signing the pledge, a candidate promises Norquist to ensure that favored tax earmarks cially benefiting by laundering Mr. Abramoff’s to: ‘‘one, oppose any and all efforts to in- to select industries remain untouched, thus money was detailed in the Senate report: crease the marginal income tax rates for indi- preventing comprehensive tax reform. ‘‘On February 17, 2000 Abramoff advised viduals and/or businesses; and two, oppose I believe it is fair to ask: just who is Grover Reed that ‘ATR will be sending a second any net reduction or elimination of deductions Norquist and how has he amassed such per- $300K today.’ This money, too, came from the and credits, unless matched dollar for dollar ceived political power inside Washington? Choctaw. Norquist kept another $25,000 from by further reducing tax rates.’’ Numerous federal investigations, reports, the second transfer, which apparently sur- In Mr. Norquist’s way of thinking, for Sen- and public documents point to Grover Norquist prised Abramoff. ator Coburn to pursue a change in the tax using his network of organizations—Americans ‘‘On March 2, 2000, Abramoff told [Choctaw code to cut a tax earmark, he was breaking for Tax Reform (ATR), his former and now liaison] Rogers that he needed ‘more money the pledge. Norquist accused this honorable defunct lobbying firm Janus-Merritt Strategies, asap’ for Reed, and requested ‘a check for member of Congress of lying his way into of- and the Islamic Free Market Institute—in $300K for Americans for Tax Reform asap.’ fice. questionable ways, raising money in business ‘‘Abramoff’s executive assistant Susan Ral- In his recent report, Back to Black, Senator activities with people who have been in seri- ston asked him, ‘Once ATR gets their check, Coburn identified nearly $1 trillion in annual ous criminal trouble. should the entire $300k be sent to the Ala- spending through the types of tax earmarks A survey of Mr. Norquist’s associates re- bama Christian Coalition again?’ that Grover Norquist defends. Many of these veals that some of his closest business part- ‘‘Abramoff replied, ‘Yes, but last time they earmarks are designed to benefit special inter- ners and clients have been convicted of sent $275K, so I want to make sure that be- ests. NASCAR, dog and horse tracks, tackle crimes and have served time in prison or are fore we send it to ATR I speak with Grover to box makers, railroads, mohair producers, currently serving, including Jack Abramoff, confirm.’ ’’

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\A04OC7.005 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6512 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Weekly Standard editor Matthew Continetti Muslim Council, was arrested at Dulles Airport and Glenn Simpson, around 1999 Alamoudi wrote in his book, The K Street Gang, that in September 2003 upon returning to the U.S sent his deputy at the American Muslim Coun- ‘‘between 1995 and 2002 the Mississippi after participating in a Libyan plot to assas- cil, Khaled Saffuri, to work directly for Mr. Choctaw donated about $1.5 million to Ameri- sinate the Saudi Crown Prince Abdullah. Norquist to establish the Islamic Free Market cans for Tax Reform.’’ Mr. Abramoff also in- ‘‘Alamoudi participated in recruiting partici- Institute—one of the groups that sponsored structed his other clients to make regular do- pants for this plot by introducing the Libyans the October 2000 rally in Lafayette Park. The nations to ATR, according to Continetti’s book. to two Saudi dissidents in London and facili- institute, chaired by Norquist and led by However, the cumulative amount is unknown tating the transfer of hundreds of thousands of Saffuri, operated out of the Americans for Tax because Mr. Norquist refuses to identify ATR’s dollars of cash from the Libyans to those dis- Reform offices here in Washington, according clients, Continetti states. sidents to finance the plot,’’ the release said. to the March 2003 article in the St. Petersburg According to Continetti, during the same pe- According to the DOJ press release, Times. riod, Mr. Norquist was intimately involved with Alamoudi, a naturalized citizen, pled guilty to The Senate Indian Affairs Committee report the questionable activities surrounding other three federal offenses: One count of violating revealed that Saffuri was closely tied to Mr. Abramoff clients, including the Marianas Is- the International Emergency Powers Act; One Norquist and the Abramoff scandal and re- lands, which is prominently featured in the count of false statements made in his applica- ceived money from Abramoff and a front documentary Casino Jack. As one participant tion for naturalization; A tax offense involving group, the American International Center in Mr. Norquist’s Wednesday Group meet- a long-term scheme to conceal from the IRS (AIC), to partner with Abramoff’s firm Green- ings—a weekly gathering of Mr. Norquist’s in- his financial transactions with Libya and his berg Traurig on his ‘‘Malaysian-related inter- vited guests—noted, following Mr. Norquist’s foreign bank accounts and to omit material in- ests and issues.’’ collaboration with Mr. Abramoff, ‘‘All of a sud- formation from the tax returns filed by his Mr. Norquist also associated with terror fin- den the Marianas shows up as one of [ATR’s] charities. ancier Sami Al-Arian, according to Mary number-one priority issues,’’ Continetti writes. It is important to point out that Alamoudi’s Jacoby’s reporting in March 2003, in the St. ‘‘[The Norquist-Abramoff strategy] was about ties to terrorist groups were no secret prior to Petersburg Times. Al-Arian pled guilty in 2006 co-opting conservative journalists and intellec- his arrest. ‘‘to a charge of conspiring to provide services tuals,’’ wrote Continetti. ‘‘As outlined in his ret- Alamoudi spoke at an October 2000 rally in to the Palestinian Islamic Jihad (PIJ), a spe- rospective memo, Abramoff knew from the front of the White House in support of Hamas cially designated terrorist organization, in vio- start that a good lobbyist not only targeted and Hezbollah during the period he was rep- lation of U.S. law,’’ and is under house ar- lawmakers, he also targeted opinion makers. resented by Norquist’s firm, according to Sen- rests, according to a Department of Justice So representatives were dispatched to ate lobbying disclosure records. The ‘‘Rally press release. The Palestinian Islamic Jihad’s Norquist’s Wednesday Meetings to preach the Against Israeli Aggression’’ was sponsored by ‘‘paramilitary wing—the al-Quds Brigades— gospel . . . When [Abramoff’s clients] visited Norquist’s Islamic Free Market Institute, ac- has conducted numerous attacks, including the United States, Abramoff would not only cording to a September 2000 ‘‘Islamic Institute large-scale suicide bombings,’’ according to make sure to shepherd them to Grover Friday Brief.’’ The Islamic Free Market Institute the National Counterterrorism Center, Norquist’s Wednesday Meetings. He also was created by Grover Norquist and operated Who is Sami al-Arian? An October 2003 billed them thousands of dollars for ‘discus- out of his Americans for Tax Reform office in federal affidavit noted that Al-Arian had long- sions’ with Norquist. He billed the Marianas for Washington, thanks to sizable start-up con- standing connections to associates of al the airfare to send staff members of Ameri- tributions from Alamoudi, according to a March Qaeda. According to the affidavit, ‘‘Sheik cans for Tax Reform to Saipan. From National 11, 2003, article in the St. Petersburg Times Rahman (the ‘‘Blind Sheik’’) visited Al-Arian at Journal: ‘According to sources familiar with by Mary Jacoby. his residence in Tampa and spoke at his I have seen video from the rally, where ATR finances, the group sent Marianas offi- mosque.’’ Rahman is currently serving a life Alamoudi roared from the stage: cials a bill for $10,000 at least once in the sentence in U.S. prison for his role in the 1993 ‘‘I have been labeled by the media in New World Trade Center attack and additional ter- mid–1990s for attendance at Norquist’s tax York to be a supporter of Hamas, anybody ror plots. The federal affidavit also disclosed policy dinners.’ It paid to be a friend of Jack supports Hamas here?’’ Abramoff.’’ [Crowd cheers, ‘‘Yes!’’] Al-Arian’s ties with Alamoudi. IGNORING SUBPOENAS ‘‘. . . Hear that, Bill Clinton, we are all sup- Al-Arian’s relationship with Mr. Norquist ap- It is also noteworthy that Mr. Norquist and porters of Hamas, Allahu Akbar.’’ pears to have spanned several years. Prior to Americans for Tax Reform repeatedly refused ‘‘I wish they added that I am also a sup- his arrest in February 2003, Sami Al-Arian vis- to comply with the congressional subpoenas porter of Hezbollah. Anybody supports ited Norquist’s office in Washington for a for additional information regarding their role in Hezbollah here?’’ meeting, also reported in the June 11, 2003, the Abramoff affair, according to an April 21, [Crowd cheers, ‘‘Yes!’’] article in the Wall Street Journal. According to 2005, article in Roll Call. A few months after the Lafayette Park rally, Continetti, Mr. Al-Arian also ‘‘cc’d Norquist on Additionally, Mr. Norquist refused to comply Alamoudi was photographed in Beirut at a an e-mail he sent to the Wall Street Journal with an earlier congressional subpoena ac- conference attended by representatives of the protesting an editorial that had pointed out his cording to a 1998 Senate Governmental Af- terror groups Hamas, Islamic Jihad, Hezbollah terrorist connections.’’ fairs report, which found Americans for Tax and al-Qaida, also according to the March Mr. Norquist himself served as a key Reform in violation of its tax-exempt status. 2003 St. Petersburg Times article. facilitator between Al-Arian, Alamoudi and the Given Norquist’s questionable role in the In addition to Alamoudi’s outspoken support White House, according to Mary Jacoby’s re- Abramoff scandal, his refusal to comply with for Hamas and Hezbollah, he expressed pri- porting in March 2003 in The St. Petersburg congressional subpoenas is all the more trou- vate support for the 1994 terrorist attack Times. She reported that ‘‘In June 2001, Al- bling. against a synagogue in Buenos Aires, Argen- Arian was among the members of the Amer- TERRORIST CONNECTIONS tina, which killed 85 people and injured hun- ican Muslim Council invited to the White Not only was Mr. Norquist entangled with dreds, according to a December 17, 2003, ar- House complex. . . The next month, the Na- the criminal dealings of Jack Abramoff, but ticle in The American Spectator by Shawn tional Coalition to Protect Political Freedom— documentation shows that he has deep ties to Macomber, who reported: ‘‘In a wiretapped a civil liberties group headed by Al-Arian— supporters of Hamas and other terrorist orga- conversation made public in the recent crimi- gave Norquist an award for his work to abolish nizations that are sworn enemies of the United nal complaint, he (Alamoudi) praises a 1994 the use of secret intelligence evidence in ter- States and our ally Israel. bombing in Buenos Aires. ‘The Jewish Com- rorism cases.’’ According to Senate lobbying disclosure munity Center. It is a worthy operation,’ OPPOSING THE PATRIOT ACT records of his now defunct lobbying firm, Alamoudi tells an unidentified man, in Arabic. Mr. Norquist also has been an outspoken Janus-Merritt Strategies, around the years ‘I think that the attacks that are being exe- supporter of Al-Arian’s effort to end the use of 2000 and 2001 Mr. Norquist’s firm represented cuted by bin Laden and other Islamic groups classified evidence in terror trials. In fact, Abdurahman Alamoudi, who was convicted are wrong, especially hitting the civilian tar- Norquist was scheduled to lead a delegation two years later for his role in a terrorist plot gets. Many African Muslims have died and not to the White House on September 11, 2001, and who is presently serving a 23-year sen- a single American has died. I prefer to hit a Zi- that included a convicted felon and some who tence in federal prison. onist target in America or Europe . . . I prefer would later be identified by federal law en- Court documents and a October 15, 2004, honestly like what happened in Argentina.’’ forcement as suspected terrorist financiers. Department of Justice press release reveal According to a June 11, 2003, Wall Street According to a Arab American Institute 2002 that Alamoudi, the president of the American Journal article by reporters Tom Hamburger report, ‘‘Healing the Nation,’’ ‘‘[o]n the day of

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\A04OC7.007 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6513 the terrorist attacks, Arab American and Mus- Thomson, Illinois prison facility, ‘makes good As recently as January 2011, Senate lobby lim American leaders were already in Wash- sense.’ Taxpayers, [Norquist wrote], have al- disclosure forms show that Mr. Norquist con- ington, D.C. for a previously scheduled meet- ready invested $145 million in the facility, tinues to lobby on expanding Internet poker ing with President Bush to discuss the use of which has been ‘little used.’ The scare- issues in his capacity as president of Ameri- ‘secret evidence’ in certain immigration pro- mongering about these issues should stop,’ cans for Tax Reform. Why would Mr. Norquist ceedings and racial profiling of Arab Ameri- [Norquist wrote], noting that there is ‘abso- and ATR have an interest in lobbying to over- cans at the nation’s airports and security lutely no reason to fear that prisoners will es- turn the Unlawful Internet Gambling Enforce- checkpoints.’’ cape or be released into their communities.’’ ment Act? I have seen the list of attendees for the Why is Mr. Norquist, head of Americans for The Washington Times reported on Sep- scheduled meeting. Among those listed: Tax Reform, advocating for one of President tember 21, 2011, that ‘‘critics of expanded Madhi Bray, a convicted felon who was Obama’s top campaign promises? His efforts gambling worry that legalizing online poker will found guilty of drug and fraud charges in the fly in the face of near-unanimous congres- increase gambling addiction and its fallout, 1980s. Bray appeared cheering on stage with sional opposition to providing al Qaeda terror- such as divorces, bankruptcies and suicides. Alamoudi at the October 2000 rally in Lafay- ists with civilian trials in U.S. courts. ‘People may not understand how highly ad- ette Park as Alamoudi declared his support for GROUND ZERO MOSQUE dictive it is, when you’re alone in your home,’ Hamas and Hezbollah. Mr. Norquist also interjected himself into the said Jerry Prosapio, co-founder of Gambling Omar Ahmed, co-founder of the Council on debate about the proposed ‘‘Ground Zero Exposed and a self-confessed gambling addict American Islamic Relations (CAIR). According Mosque’’ last summer, calling legitimate con- who quit 28 years ago. ‘Online gambling is to an April 18, 2011, Politico article by Josh cerns about the location a ‘‘Monica Lewinsky just another way you’re going to create more Gerstein, ‘‘Federal prosecutors . . . have in- ploy’’ by Republicans, according to an August addiction and then you’re going to see more troduced evidence in court of Ahmad’s attend- 18, 2010, report by Michael Scherer on Time crime. It’s just no good for America.’ ’’ ance at a 1993 meeting in Philadelphia that magazine’s Web site. Mr. Norquist further Mr. Norquist also took money from other the FBI contends was a gathering of Hamas trivialized the concerns saying that Repub- gambling interests, like the Venetian Casino supporters seeking to undermine the Middle licans were, ‘‘distracted by shiny things.’’ Resort, according to a March 31, 2006, article East peace process. Prosecutors [in the Holy Mr. Norquist even used Americans for Tax by Michael Kranish in the Boston Globe. Land Foundation case] have also presented Reform to circulate a petition in support of the I think it is fair to ask: whose bidding is Gro- documents that appear to show CAIR as part ‘‘Ground Zero Mosque.’’ Patrick Gleason, di- ver Norquist doing? Why would Americans for of a network of Muslim Brotherhood organiza- rector of state affairs for Americans for Tax Tax Reform take such a longstanding interest tions in the U.S.’’ Reform, wrote an August 17, 2010, letter to in proliferating gambling in the United States? The list provided to the White House by state affiliates urging them to share the peti- TRIAL LAWYERS Norquist’s Islamic Institute included represent- tion with their coalition. That same 2006 Boston Globe article re- atives from each of Norquist’s organizations, Why would Americans for Tax Reform cir- ported that, ‘‘interviews and copies of including a Janus-Merrit lobbyist. At the top of culate a petition in support of the ‘‘Ground Norquist’s donor lists, obtained by the Globe, the list: Grover Norquist, representing Ameri- Zero Mosque?’’ For the families of those who show that contributors include an array of spe- cans for Tax Reform. lost loved ones on 9/11 or during operations in cial interests ranging from tobacco companies According to a June 11, 2003, Wall Street the War on Terror, concerns about the to Indian tribes to a Las Vegas casino. The Journal article by reporters Tom Hamburger ‘‘Ground Zero Mosque’’ were neither a ploy biggest surprise is Norquist’s largest individual and Glenn Simpson, ‘‘Mr. Norquist helped se- nor a distraction, as Norquist described it. donor: Richard ‘Dickie’ Scruggs, a Democratic cure a promise from presidential candidate FANNIE MAE Mississippi trial lawyer, who contributed $4.3 Bush to moderate federal policy on inves- Some also may not be aware of Mr. million. Scruggs had received a $1 billion fee tigating suspected illegal immigrants. In a na- Norquist’s lobbying for Fannie Mae. Lobbying in the landmark tobacco case against the tionally televised debate on Oct. 11, 2000, Mr. disclosure records indicate that Norquist’s lob- same tobacco companies that were also Bush said: ‘Arab-Americans are racially bying firm, Janus-Merrit Strategies, also lob- Norquist’s donors.’’ profiled in what’s called secret evidence . . . The Globe reported that, ‘‘Scruggs, like the bied for the massive government sponsored We’ve got to do something about that.’ Since tobacco companies and some other leading the Sept. 11 attacks, the White House has enterprise that required a large federal bailout. According to a May 18, 2011, report by donors, was interested in more than lifting the abandoned that promise, as the Justice De- Erick Erickson on the conservative Web site, burdens of the taxpayer. He said he had his partment has aggressively pursued prosecu- own agenda: He wanted Norquist to work to Red State, ‘‘in 2000, Janus Meritt received tions of Muslims allegedly supporting ter- defeat a congressional proposal that he feared $120,000 in lobbying fees from Fannie Mae. rorism.’’ would confiscate most of his $1 billion legal Mr. Norquist, along with [David] Safavian, was Mr. Norquist has also led efforts over the fee in the tobacco case.’’ In 2008, Scruggs listed as one of the main lobbyists on the last decade to weaken and repeal the PA- pled guilty to trying to bribe a judge and was Fannie Mae account. In disclosure records, TRIOT Act, working closely with liberal groups sentenced to five years in prison. such as the American Civil Liberties Union, Janus-Meritt says its lobbying activities related Why would Mr. Norquist, a self-proclaimed according to a February 20, 2008, profile on to a ‘Home ownership tax.’ It appears this lob- conservative leader, take so much money to Norquist in the Washington Examiner, ‘‘A bying work was designed to protect the home- represent a major Democrat party donor and former lobbyist with the American Civil Lib- ownership tax credit, which [Fannie Mae exec- advocate for trial lawyers? Mr. Scruggs him- erties Union said privately that Norquist won utive] Franklin Raines described as key to ‘in- self provided one answer, describing Mr. her over when they joined forces to oppose crease homeownership in urban and rural Norquist in the Globe article, ‘‘There is an ex- the Bush administration’s Patriot Act and areas.’ As many conservatives believe, this pression, if you need a thief, take him from the warrantless wiretapping. ‘I was initially skep- credit, which Mr. Norquist and Safavian appar- gallows.’’ ently defended, was a major contributing fac- tical,’ she said, ‘but I knew there was common INSULTING FORMER PRESIDENTS ground on this issue and that we would be tor in the housing bubble and mortgage cri- My colleagues may also be surprised at the most powerful if we united.’ ’’ sis.’’ tenor and arrogance of Mr. Norquist’s public GUANTANAMO BAY DETAINEES INTERNET GAMBLING AND CASINOS attacks on fellow Republican leaders. In an More recently, Mr. Norquist has become an Mr. Norquist also has a long history of lob- October 2011 piece he authored in the Amer- outspoken advocate for moving Guantanamo bying to spread Internet gambling. According ican Spectator, Norquist personally insults two Bay detainees to the United States. According to public lobbying disclosure reports, former Republican presidents and a former to a November 16, 2009, Huffington Post arti- Norquist’s clients at Janus-Meritt included a Republican majority leader and presidential cle by Sam Stein, Norquist led a public cam- variety of gambling organizations, including candidate. paign to undermine Republican-led efforts to the Interactive Gaming Council, organized to Writing about former President George H.W. block the Obama Administration’s transfer of oppose the Republican-led effort to pass the Bush’s decision to break the tax pledge during 9/11 mastermind Khaled Sheik Mohammed to Internet Gambling Prohibition Act. It is also his term, Norquist lashed out at Bush saying, New York City and other terrorist detainees to worth noting that the Interactive Gaming ‘‘Now, no person’s life is a complete waste. Thompson Prison in Illinois, the first time ter- Council was made up of online poker compa- Some serve as bad examples.’’ rorists would be held indefinitely inside the nies, including Full Tilt Poker, which was shut Former President George H.W. Bush is an United States. down by the FBI in April and is described by honorable man who dedicated his life to public The article reported that Mr. Norquist wrote the Justice Department as a ‘‘massive Ponzi service as a congressman, ambassador, direc- that, ‘‘moving suspected terrorists to the scheme.’’ tor of the Central Intelligence Agency, and

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A04OC7.008 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6514 CONGRESSIONAL RECORD — HOUSE October 4, 2011 vice president before being elected president. ington, we know, is a planet unto itself. But Ms. WOOLSEY. Mr. Speaker, this As president he oversaw the end of the Cold here in the heartland, it’s surreal to watch an week marks an anniversary we must War and led the successful liberation of Ku- unelected guy with a broken ethical compass acknowledge, but that we certainly wait. He is also an American hero who en- bring the capital to a standstill and thwart the cannot celebrate. This Friday, we will listed in the U.S. Navy after Pearl Harbor and spirit of compromise that the majority of Amer- have spent 10 years at war in Afghani- nearly lost his life after being shot down by the icans say they want. Who elected Grover stan. We will have spent a decade fight- Japanese. Norquist? He did, that’s who. And Washing- ing a war that the American people no While acknowledging former President ton’s political class has not the shame, nor the longer support. The sobering 10th anni- George W. Bush’s adherence to the pledge, spine, to send him packing.’’ versary is the time for reflection—re- Norquist still makes an indecorous allusion As I observe the hardened ideological posi- flection on how our world has changed about the president, writing, ‘‘He may invade tions gripping Washington that threaten our in the last 10 years. countries he cannot pronounce or find on a nation’s future, my conscience has compelled b 1020 map, but he will not raise taxes.’’ me to share these concerns and provide this Former President George W. Bush also is information for all to consider. This war has consumed an unjustifi- an honorable man who served two successful The American people want us to resolve able amount of our financial treasure, terms as governor of Texas before twice being this debt crisis and they have every right to led to an unprecedented burden on our elected president. He rallied our nation fol- expect us to follow through. Congress and the servicemembers, and changed forever lowing 9/11 attacks and led sweeping efforts president must reach a solution that will bring how an entire generation of young peo- to secure our homeland and disrupt al Qaeda, confidence to the country. This place is dys- ple views the world. preventing further terrorist attacks on U.S. soil functional and the American people see it. This anniversary is the time to re- during his term. They want action. flect on the choices we’ve made and Norquist also boasts of sinking Bob Dole’s I believe we must: (A) reaffirm ourselves to their impact on the world. Ten years 1988 presidential campaign, gloating, ‘‘Dela- free America of the incredible debt burden that later, we are still building war ma- ware governor Pete du Pont explained that all saddles the coming generations; and (B) chines that have the potential to cause the other [Republican primary] candidates had break loose of not only Mr. Norquist, but any devastating harm to innocent people signed the pledge and challenged Dole to do other special interest holding us hostage. around the world. Ten years later, so also, offering the pledge to Dole, who visi- We also need to be honest with the Amer- many of our Nation’s best and bright- bly recoiled, as if a vampire being tossed a ican people and explain that we cannot just est are coming home with scars, both cross. Dole subsequently lost New Hamp- solve our nation’s financial crisis by cutting physical and mental, that they and shire.’’ waste, fraud and abuse within discretionary their families will live with forever- Former Senator Dole, too, is an honorable accounts. The real runaway spending is occur- more. man who served his country as a senator and ring in our out-of-control entitlement costs and The numbers are against us. After a Republican presidential candidate. Dole also is the hundreds of billions in annual tax ear- decade at war, we still have 90,000 sol- an American hero who fought in World War II marks in our tax code. Until we reach an diers fighting in Afghanistan. More and suffered serious injury from Axis gunfire, agreement that addresses these two drivers of than 1,800 Americans have died. Our leaving his arm paralyzed. our deficit and debt, we cannot right our fiscal Nation has spent $460 billion on an MOVING FORWARD ship of state. unwinnable war, and tens of thousands I believe many people were unaware of Some are speculating that our country has of innocent Afghans and Iraqis have these troubling connections that I have spoken gone too far to recover. I emphatically reject been killed. It is well past the time for about. I was surprised when this information that notion. Americans have a spirit and sense us to end this. came to my attention. I also understand that of civic duty which was implanted in us from In remembering the last 10 years, we some may not agree with what I have said in the beginning of this republic. It was this must think of the future. My five this speech. sense that Tocqueville most noticed. He called grandchildren are now part of a genera- But as William Wilberforce, the British par- it the great republican virtue of America—ordi- tion that has grown up without know- liamentarian and abolitionist, famously told his nary citizens willing to do the hard work of citi- ing what it’s like to live in a country colleagues, ‘‘Having heard all of this, you may zenship, helping their neighbors, sacrificing for at peace. Over the past 10 years, we’ve choose to look the other way, but you can the common good, and building a better future led our world down a path towards war never say again that you did not know.’’ for our kids. That’s been the hallmark of Amer- rather than fighting for peace, rather I can no longer be silent. I believe the evi- ica. than fighting for a smarter security dence is clear that Grover Norquist is con- Have we lost this? I don’t think so. We may plan. nected with a number of unsavory people and be tempted to veer off course at times, but The American people and the global groups out of the mainstream. I also believe America is the same nation filled with the community see the error in our policy, he has exploited ‘‘the pledge’’ to the point of same dedicated, patriotic, God-loving, God- and we are facing increasing scrutiny being elevated at times by the media as a fearing people who carved this nation out a from our international partners. In spokesman for the Republican Party. wilderness, and have made it an extraordinary fact, not one other government agrees How can we ever hope to move our country beacon of hope and light in the world like with the U.S.’ use of drones. In fact, forward and solve our debt problem if we are none before it. our European allies have never sup- paralyzed by a pledge and threats of political The problem in the country is not with the ported the U.S. drone strikes in Paki- retribution for breaking it by someone whose people. The problem in the country is Wash- stan, Yemen, and Somalia. Instead of dealings in Washington over several decades ington. The system is broken because we heeding their calls, we are expanding have raised serious questions of impropriety? have fallen prey to ideologues that have put the use of this deadly force, creating No one should be able to singularly hold Con- us in a straight jacket and threaten our fu- automatic drones that have the poten- gress hostage with veto power over can- tures. I believe we can and will break free be- tial to cause unchecked devastation. didates for public office; above all someone cause the seriousness of the times demands I have spoken from this spot 407 with such troubling associations. it. times, as you all know because you’ve As former Senator Alan Simpson, who co- I am one who believes America’s greatest heard me so many times, in support of chaired the Bowles-Simpson deficit reduction days are still ahead. All we have to do is re- SMART Security—an approach for an commission, said in an August 7, 2011, inter- cover that sense of virtue and duty, and be end to the war. And I am not alone. view with Newsweek ‘‘What can [Norquist] do bold and brave enough to stand up and speak I’ve been joined by colleagues on both to you? He’s not gonna murder you. He won’t the truth and be true to our conscience. sides of the aisle and have been sup- burn your house. The only thing he can do is f ported by Americans across the coun- defeat you for reelection. If your reelection try to call for an end of our war and means more than doing something for the AN ANNIVERSARY NOT TO the return of our troops. That’s exactly United States of America and getting out of CELEBRATE what my SMART Security plan is this [debt] hole, then you shouldn’t be in Con- The SPEAKER pro tempore. The about—making military force a last re- gress.’’ Chair recognizes the gentlewoman from sort and, instead, directing our energy Barbara Shelly, editorial writer for the Kan- California (Ms. WOOLSEY) for 5 min- and our resources toward diplomacy, sas City Star, wrote on July 11, 2011: ‘‘Wash- utes. democracy promotion, development

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.010 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6515 aid, and other more powerful, peaceful room, and gift shop in Washington in Afghanistan, which was a blank ways of engaging with the rest of the State. It gave $350,000 to renovate a check that should not have been writ- world. theater in Colorado. In 2011, it gave $1.4 ten and that, of course, I could not sup- Mr. Speaker, I hope all of my col- million to build infrastructure develop- port. In many ways, this war has sig- leagues will take note of Friday’s anni- ment so that a steel plant of $1.6 bil- nificantly contributed to these stag- versary and realize that now is the lion could be built in Minnesota. Like gering statistics, which we know are time to turn the tide on our policies in the vast majority of projects, that not just numbers but are human lives. Afghanistan. We need to end this war. steel plant would have been built with- We must create jobs. We have to create We need to do it now. We need to pro- out Federal taxpayer dollars. It was a a way to maintain our social safety mote peace through democracy. We $1.6 billion project helped by the Fed- net. need to promote peace through diplo- eral Government to the tune of only So today I am here to ask my col- macy and development. We must bring $1.4 million. leagues to join 47 Members of Congress our troops home. Our even bigger problem, however, is and me in a letter to the Joint Select f with EDA. It’s duplicative. It’s just one Committee on Deficit Reduction, ask- ing them to protect vital programs THE EDA ELIMINATION ACT of at least 80 Federal economic devel- opment agencies. HUD and Ag and HHS that comprise our social safety net, in- The SPEAKER pro tempore. The all have economic development grants cluding but not limited to Medicaid, Chair recognizes the gentleman from as well. Medicare, and Social Security, as well Kansas (Mr. POMPEO) for 5 minutes. Second, it’s ineffective. It typically as the programs that provide the eco- Mr. POMPEO. Mr. Speaker, since provides a very small part of any given nomic security and opportunity to mil- coming to Congress 9 years ago, I have project. The GAO reports that most of lions of Americans. sadly relearned that the government in its financing did not have any signifi- Washington D.C. only grows and grows b 1030 cant effect on the success of projects and grows. When Democrats and many None of us envy the work of those and produced, at best, inconclusive re- Republicans, too, come to the floor of members on this Joint Select Com- sults and, in some cases, may even de- the House and talk about spending mittee on Deficit Reduction, as they tract from a more flexible workforce. cuts, they are often talking simply will have to make tough choices that Third, this is an incredibly wasteful about slowing the rate of growth of affect the lives of millions of Ameri- agency. It was identified by GAO as government. There is seldom, if ever, cans. one of the agencies that ought to go any real discussion about cutting the However, we should all recognize size of the Federal Government or away. Indeed, a recent inspector gen- that for the last 25 years, when we have about eliminating an entire program or eral audit of 10 projects totaling $45 come to deficit reduction agreements, agency. But today, with $14.8 trillion in million showed that 29 percent of the these agreements have, for the most debt, we can’t continue to simply slow grant money had been wasted due to part, protected low-income programs. the rate of growth. We’ve got to cut it, various violations of EDA grant re- We absolutely cannot balance the and we’ve got to get rid of some things. quirements. Four of the 10 projects budget on the backs of the most vul- As a first step this week, I will prof- EDA funded in that group were never nerable, those people facing or living in fer a bill that will eliminate the Eco- completed. poverty. This is really a moral obliga- nomic Development Agency. It’s part Finally and perhaps more impor- tion that we cannot ignore. of the Department of Commerce and tantly, this is not the role of the Fed- These programs assist the over-46 was established in 1965 as an element of eral Government. As the Cato Institute million Americans living in poverty in President Johnson’s Great Society. For has written, the Federal Government 2010—men, women, children, young and over 45 years, the EDA has spent bil- has no business trying to direct eco- old alike from all backgrounds—in ob- lions on local projects, not national nomic activity through politicized sub- taining or maintaining their access to projects, trying to pick winners and sidy vehicles like the EDA. We’ve seen basic, mind you, and I am just talking losers amongst various projects by re- that with bad outcomes, like with about basic human needs, including gion, industry, and community. Much Solyndra, only too recently. food, shelter and health care. These like a stimulus bill or earmarks, the Every great journey starts with a vital safety net programs both support EDA provides loans and grants to pet single step. This is a small agency, but and create consumers, which results in projects of the administration in it’s time for the first time in decades increased demand and job creation. power. that we eliminate an entire program, This, of course, reduces our deficit by In 2008, the EDA spent $2 million on an entire agency, so that it cannot con- enabling people to participate in this the Harry Reid Research and Tech- tinue to grow and grow and grow as economy. nology Park at the University of Ne- part of our Federal Government. I And not only that, many of these vada, Las Vegas. Just last year, it would ask my colleagues to support the programs do provide pathways out of spent $25 million on the Global Climate EDA Elimination Act. poverty and opportunities for all. More Mitigation Incentive Fund. This year, f and more Americans are struggling to the agency will spend almost $300 mil- find work and struggling to make ends POVERTY lion of taxpayer dollars. Now, this meet. And until we create jobs, and we might not sound like a lot of money The SPEAKER pro tempore. The have a way, a pathway where people sometimes here in Washington, D.C., Chair recognizes the gentlewoman from clearly can be provided these opportu- but in Newton, in Independence, in California (Ms. LEE) for 5 minutes. nities, we have a real moral obligation Wichita, and in Goddard, Kansas, Ms. LEE of California. Mr. Speaker, to protect these programs. Anything that’s still a lot of money. as one of the founding members of the short of this is really un-American. I want to take just a minute to talk congressional Out of Poverty Caucus, I In times like these, it’s unconscion- about the EDA. Most folks in Congress rise today in my ongoing effort to able to consider cutting programs that and most folks back in Kansas will sound the alarm on poverty. help those most in need like our Na- have never heard of it. I had not before As you may know, the census re- tion’s seniors and our Nation’s chil- I entered Congress. It provides these leased data showing that 46.2 million dren. Asking the Joint Select Com- grants and loans to projects it selects Americans lived in poverty in 2010. The mittee for Deficit Reduction to protect all over the country. At its very core, data also revealed that the poverty these vital human programs is, though, the EDA is nothing more than a giant rate for whites was 9.9 percent in 2010. not enough. We have to do more. The wealth redistribution machine. It takes Worse, the poverty rate for African most effective anti-poverty program is money from people in one place and at Americans was 27.4 percent. For an effective jobs program. one time and redistributes it all across Latinos, the poverty rate was 26.6 per- So while I ask my colleagues to join the country for inherently local cent. For Asian Pacific Americans, the me on the letter to the Joint Select projects. poverty rate was 12.1 percent. Committee, I am also here to ask For example, it gave $2 million to the These statistics come on the somber Speaker BOEHNER to move the Amer- ‘‘culinary amphitheater,’’ wine tasting anniversary of the 10 years of the war ican Jobs Act as soon as possible to

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.008 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6516 CONGRESSIONAL RECORD — HOUSE October 4, 2011 begin to create jobs and put Americans that provide economic security and oppor- tainty in the marketplace and spoke to work. Americans want to work and tunity to millions of Americans. about the difficulties they face when they need to work; and yet the House Vital safety net services and programs sup- competing in a global marketplace. port those people hit the hardest by the leadership is really focused, as an ex- Great Recession. These services help people From trade to excessive regulations, it ample, on the dismantling of environ- and families maintain housing or find shel- is clear that much work needs to be mental regulations. This is not a jobs ter, keep food on the table, assist in access done right here in Washington, D.C. program that puts Americans to work. to health care, and support those looking for Despite the problems that our coun- It’s a cynical, opportunistic move in employment, including the long-term unem- try and businesses face, I am opti- order to attack the environment. ployed. Examples of federal programs that mistic about the future. Just yester- So we have to have as our priority ef- provide such services include programs day, the President sent long-antici- forts to create jobs that give Ameri- which assist disabled veterans to find an ac- pated trade agreements to Congress for cessible home, ensure seniors receive food to cans economic security and that grow eat, help people access our health care sys- approval. our economy. Our economy will not re- tem, connect people seeking jobs with em- We heard the President talk about cover quickly from this Great Reces- ployment, give shelter to homeless families, his Jobs Act; and while there may be sion and, of course, Great Depression in and ensure that children get meals in school. some disagreement about the Jobs Act, many communities of color, including It is imperative that we protect vital safe- certainly I think that there are areas the African American community and ty net programs and programs that provide where we can agree, and I think that for those living in poverty, unless we economic security and opportunity to mil- we ought to move those aspects for- lions of Americans, including those facing or ward. Certainly when we talk about really do provide a pathway out of pov- living in poverty. The Census Bureau re- erty. leased data on September 13, 2011, revealing the trade agreements, I would argue We need to target these programs in that 15 percent of Americans—46.2 million that’s one of the areas that has broad areas that need it the most. Many of people across this country—lived in poverty bipartisan support, and we should move these areas are communities of color, in 2010. This is the largest number of Ameri- it forward for the American public. where the poverty rates are three cans living in poverty since the Census start- We have 650 manufacturers in Illi- times higher than the poverty rate for ed collecting this data 52 years ago. For our nois’ 10th Congressional District rep- whites. The unemployment rates are nation’s children under 18, 22 percent lived in resenting 80,000 jobs. Fifty thousand of poverty in 2010. That is 16.4 million children those jobs rely upon exports, and I also higher in communities of color: who do not know where their next meal is 16.7 percent of African Americans are coming from, where they might be sleeping would argue that our ability to open unemployed, 11.3 percent of Latinos. that night, and who are anxious overall and expand markets will create that And these are just the reported statis- about their well being and that of their par- demand. tics. It’s clear that we must address ents. Seventy-three percent of the world’s these disparities as we work to create According to the recent Census data re- purchasing power is outside of the jobs and opportunities for all. lease on poverty, the poverty numbers would United States. Ninety-five percent of So I am asking Members to join us in have been worse had it not been for key fed- the consumers are outside of the eral programs like unemployment insurance, United States’ borders. We want to this deficit reduction letter and urge food stamps. and Medicaid (Census Bureau the Speaker and leadership of this slide 25 located at http://www.census.gov/ make sure that we have an agreement, House to move the American Jobs Act newsroom/releases/pdf/2010_Report.pdf). an arrangement where we can knock as the first step in jump-starting this For the last 25 years when we have come to down these barriers where we can allow economy and putting Americans back deficit reduction agreements, these agree- the American worker to compete on a to work. ments have protected low-income programs. level playing field. Beyond that, we have a moral and an eco- Hon. PATTY MURRAY, If we are able to do that, the Amer- nomic obligation to care for our nation’s ican worker will win. We know that for U.S. Senate, most vulnerable, those facing or living in Washington, DC. poverty. We respectfully implore that as you every billion dollars that we increase Hon. MAX BAUCUS, work through ways that our nation can re- in trade, we create 6,250 jobs right here U.S. Senate, duce the deficit that you sustain our na- at home. Washington, DC. tion’s safety net programs that assist people We know that it would add, just with Hon. JOHN KERRY, in obtaining or maintaining their access to South Korea alone, would add $10 bil- U.S. Senate, basic human needs including food, shelter, lion to our GDP. This is a step, cer- Washington, DC. and health care, and that provide ladders to Hon. JAMES CLYBURN, tainly, in the right direction. opportunity for struggling families. These U.S. House of Representatives, In Illinois, manufacturing accounts programs both support and create con- Washington, DC. for 93 percent of our exports, and these sumers, which result in increased demand Hon. XAVIER BECERRA, and job creation. In the end, this reduces our exports support 25 percent of the manu- U.S. House of Representatives, deficit by enabling people to participate in facturing jobs in our State, a State Washington, DC. our economy. that’s lost 750,000 manufacturing jobs Hon. CHRIS VAN HOLLEN, Again, we respectfully implore that as you over the last decade. U.S. House of Representatives, work through ways that our nation can re- Small businesses are also a big part Washington, DC. duce the deficit that you sustain the vital of those exports. By ratifying the pend- Hon. JEB HENSARLING, human needs programs found across the fed- U.S. House of Representatives, ing trade agreements, we are empow- eral government and accomplish deficit-re- ering manufacturers, small business Washington, DC. duction in a way that does not exacerbate Hon. DAVE CAMP, poverty or inequality. owners, and entrepreneurs. This is ex- U.S. House of Representatives, actly the type of bipartisan action we f Washington, DC. need to be taking in these tough eco- Hon. FRED UPTON, FREE TRADE AND JOBS nomic times. U.S. House of Representatives, While there is much more work that Washington, DC. The SPEAKER pro tempore. The Hon. JON KYL, Chair recognizes the gentleman from needs to be done, we should be encour- U.S. Senate, Illinois (Mr. DOLD) for 5 minutes. aged by the movement on the trade Washington, DC. Mr. DOLD. Mr. Speaker, just last agreements and use this as a stepping Hon. PAT TOOMEY, week I had the opportunity to host a stone to continue working together U.S. Senate, manufacturing roundtable to hear and finding common ground. When we Washington, DC. firsthand from job creators in the 10th come together for the American public, Hon. ROB PORTMAN, District of Illinois. These business we can create an economic certainty U.S. Senate, that allows small business owners all Washington, DC. leaders spoke about the challenges that they are facing and how decisions made across the land to be able to forecast, DEAR MEMBERS OF THE JOINT SELECT COM- right here in Washington, D.C. impact have some more certainty, invest in MITTEE ON DEFICIT REDUCTION:We are writing to request that you protect vital programs their ability to create jobs and put Illi- their business and create jobs. that comprise our social safety net, includ- nois back to work. There are 29 million small businesses ing but not limited to Medicaid, Medicare, The entrepreneurs I met with ex- in our Nation. If we can create an envi- and Social Security, as well as the programs pressed their concern with the uncer- ronment here in Washington, D.C.

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.010 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6517 where half of those businesses can cre- had achieved in this great country; and TRIBUTE TO THE HONORABLE ate one job, think about where we the greatest thing about America is OLIVER W. WANGER would be then. not what you’ve achieved, in my opin- The SPEAKER pro tempore. The I ask my colleagues on both sides of ion, it is having the hope that you can Chair recognizes the gentleman from the aisle to come together to pass make it in America. California (Mr. COSTA) for 5 minutes. these pending trade agreements. Put So that’s why it is so painful to see Mr. COSTA. Mr. Speaker, I rise this the American worker first, and let’s how this middle class that was more morning to honor and pay tribute to get America back to work. recently, if you look at history, formed the outstanding service and dedication f in this country, where people thought of the Honorable Judge Oliver W. FINANCIAL CRISIS AND MORAL having a car and a home and a job, Wanger on the occasion of his retire- CRISIS sending your kids to college for an edu- ment last week from the United States District Court for the Eastern District The SPEAKER pro tempore. The cation, being secure in your retire- ment, and knowing that one day health of California. Chair recognizes the gentleman from For the past 20 years, Judge Wanger care would be available for everybody— New York (Mr. RANGEL) for 5 minutes. has served the people of California ad- are these just political issues? No. I Mr. RANGEL. This morning I was mirably and courageously, maintaining think they’re moral issues. And that’s pleased to see that the Conference of a commitment to the justice and fair- why when I went down to meet with Catholic Bishops has organized in order ness of the law. Moreover, he is ex- the protesters, I had hoped that more to influence Washington as it relates to tremely knowledgeable and always at- of our spiritual leaders would be there the question of same-sex marriage and tempted to balance the scales of justice abortion. I think that we all agree that to give guidance, to give encourage- when hearing cases in general, and spe- these are moral issues and under our ment, to give direction so that we can cifically cases dealing with California’s country’s freedom of speech, the say that this is a civilized society and water and environmental issues. churches, the synagogues, the temples, people can’t just break the law and During his tenure, District Court have a right and, indeed, in their case, scream; but they can demand atten- Judge Wanger has developed a mastery an obligation to speak out on the ac- tion, and that’s what they are doing. of complex Federal and State water tions of Congress that they disapprove So it seems to me that we in the Con- and endangered species laws, putting of morally. gress are getting involved too politi- forth many substantial rulings of sev- I hope that this is a signal to other cally and ignoring the pain and the suf- eral hundreds of pages in length that religious institutions that what this fering that’s taking place in this coun- required painstaking attention to de- country is going through is not only a try today. When we can find one of the tail. Some of the most noteworthy in financial crisis, but a moral crisis. And parties saying that they will not enter- recent years were his findings with re- perhaps the other religions might tain a bill that’s being proposed to us spect to operations of the Central Val- broaden their agenda to talk about in order to put America back to work, ley project and the State water project what I truly believe is a priority and when they say that their primary goal that convey water supplies throughout concern of every religion, and that is a is to get rid of Obama, when they say California, including the San Joaquin deep-seated moral obligation to take that no jobs bill is going to be accepted Valley and southern California for care of the vulnerable in our society. except what they pick and choose, urban use and for agricultural use. Whether it’s the lesser of our brothers when they refuse to bring to the floor Were it not for Judge Wanger’s atten- and sisters, whether it’s the sick and of this House something that we can tion to the letter of the law, farmers, the aged, there’s something about So- discuss to give hope back to the people, farmer workers, and farm communities cial Security, Medicare and Medicaid, I think that’s not just a political ques- in the valley would have continued to about having a home and a job that to tion. I think it’s a moral question as suffer from job losses and uncertainty me has something that involves a well. during the most recent drought period, moral obligation. while Federal agencies and this admin- God—yes, God—bless America. b 1040 istration clung to flawed science and regulations that were destructive. When a great country like the United f Judge Wanger has worked tirelessly States, a beacon for people to come to on these issues, often putting in 75 to from all over the world in order to be HONORING PRIVATE FIRST CLASS 80 hours a week. His retirement now successful, finds itself with so much of BRETT EVERETT WOOD leaves only two active judges in the al- our national wealth being concentrated ready understaffed district court, in the hands of so few people, never be- The SPEAKER pro tempore. The which extends from the Oregon border fore has this happened in history, Chair recognizes the gentleman from to the Tehachapi Mountains south of where we find more and more children Indiana (Mr. BUCSHON) for 5 minutes. Bakersfield. In a letter to Chief Judge and adults going into poverty in his- Mr. BUCSHON. Mr. Speaker, I rise Anthony Ishii regarding his coming re- toric numbers. today to honor U.S. Army Private tirement, Judge Wanger expressed We find the shrinking of our middle First Class Brett Everett Wood. PFC grave concerns over the immense and class, where all of our dreams and aspi- Wood, a 19-year-old of Spencer, Indi- unbearable workload that his depar- rations are planned, born, and con- ana, lost his life in combat on Sep- ture will create. Let me read from his ceived in the United States of America; tember 9 in Kandahar, Afghanistan, letter: where we have so many brave Amer- during an insurgent attack on his unit The impacts on these judges is best ican men and women fighting causes in with an improvised explosive device. understood by my last 5 years: 161 jury foreign countries that their parents trials to verdict; 5,465 courtroom hours; PFC Wood was assigned to the 1st don’t understand and they come home 3,554 terminal and civil cases; with an Battalion, 5th Infantry Regiment of with emotional and physical disabil- individual caseload approaching 1,200 the 1st Stryker Brigade Combat Team, ities; that we can never thank them for cases in a 5-year period. their courage; and when we see young 25th Infantry Division, Wainwright, Judge Wanger also went on to say: people on Wall Street and the Wall Alaska. Now who will handle these cases? De- Streets around this country protesting, Indiana lost a great citizen who en- spite our pleas to and Congress’ express and they’re being ridiculed because listed with his brother, Nikk, during recognition of the need, the continued they have no leaders, they have no sin- the summer of 2010. His sacrifice and refusal to create new desperately need- gle cause, they never knew each other, valor in defense of the freedoms we ed judgeships for the Eastern District they’re not organized. But neither is hold dear should be commended, and I of California has created a hardship for America’s pain and concern organized. would like to offer my most heartfelt the Federal court. It has been more People are mad as hell. They really condolences to PFC Wood’s family and than 31 years since a new district judge think that they’ve been let down. They friends. From a grateful Nation, he will position was created in Fresno, a divi- worked so hard to achieve what they be missed but not forgotten. sion with over 2.5 million people. The

VerDate Mar 15 2010 01:36 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.011 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6518 CONGRESSIONAL RECORD — HOUSE October 4, 2011 continued erosion of the Eastern Dis- My best wishes for the future and thanks nician. In other words, she was respon- trict Court’s ability to provide the pub- to you and all our judges and loyal court sible for disposing of IEDs before they lic with a timely and effective Federal staff members who do such outstanding went off. So she took on one of the judicial service is a burden on our Na- work. toughest jobs in the military. Yet dur- Sincerely, tion, and the litigants should not suf- OLIVER W. WANGER, ing basic training, she heard her com- fer. United States District Judge. manders repeatedly equate being fe- What Judge Wanger pointed out is male with being weak or incompetent. it’s not only a disservice to the men f They used words to describe women and women who serve the court, but FOSTERING JOB GROWTH that cannot be repeated on this floor. the individuals throughout the region Commanders required Sergeant The SPEAKER pro tempore. The and the businesses whose cases are de- Havrilla and her colleagues to attend Chair recognizes the gentleman from layed years in some cases. This surely classes regarding prevention of sexual Georgia (Mr. AUSTIN SCOTT) for 5 min- was not what our Founding Fathers assault and harassment once a year. utes. had in mind for our country when they Commanders made a mockery of these Mr. AUSTIN SCOTT of Georgia. Mr. ensured that all Americans have a classes. As the instructor would de- Speaker, Americans are hurting, and right to a speedy trial. As we know, scribe prohibited conduct, one or more there’s nothing more important right justice delayed can oftentimes be jus- of the soldiers would begin engaging in now for every Member of Congress than tice denied. that conduct. One soldier went as far fostering job growth for the American Although the problem is not unique as to strip completely naked and get on people. House Republicans have been to the Eastern District of California, it the table during a break in the middle focused on this since day one. We is where the problem is most pro- of class. His punishment was to serve passed more than a dozen pro-jobs bills nounced with by far the Nation’s larg- as Equal Opportunity representative that are currently awaiting a vote in est caseload per judge. Legislation has and lead the next sexual assault har- the Senate. Additionally, we also been introduced in the House and the assment training. ‘‘Disgusting’’ is too passed a budget this year, something Senate to create additional judgeships benign a word to describe this conduct. the Senate hasn’t done in 888 days—888 in district courts where the need is Sergeant Havrilla deployed to Af- days, Mr. Speaker. greatest. Unfortunately, it has not ghanistan in 2006. Her supervisor sexu- America must lead the world out of been acted on. It is past time for the ally harassed her. He began to slap her this global recession. And I, for one, be- Congress to act on these bills to ensure bottom whenever he passed by. He be- lieve that if we can just get a couple of that all branches of government are, in littled and mocked her. On one occa- things right in Washington, we’ll see fact, working for the American people. sion, he told her exactly what he want- our economy turn around and therefore In closing, I want to publicly thank ed to do to her in graphic detail. Noth- the world economy turn around. Judge Oliver Wanger for his service to ing was done in response. our Nation. b 1050 It was another colleague, one from UNITED STATES DISTRICT COURT, the canine unit, that raped her. He In the House, we believe in helping EASTERN DISTRICT OF CALIFORNIA, even photographed the rape, and some small businesses, we believe in free Fresno, California, August 31, 2011. of the pictures ended up on a porno- trade, and we believe in shrinking bu- Re Retirement from Judicial Service. graphic Web site. Imagine a system of reaucracy. Measures supporting these Hon. ANTHONY W. ISHII, justice in such shambles that an assail- causes have already passed the House— Chief Judge, U.S. District Court, Eastern Dis- ant would actually take pictures of the with bipartisan support, I might add, trict of California, Fresno, CA. crime and put them on the Internet. Mr. Speaker—only to stall in the DEAR JUDGE ISHII: It is with great regret Sergeant Havrilla reported her rape that I will retire as a District Judge effective Democratic-controlled Senate. under the military’s restricted report- October 1, 2011, under the provisions of 28 Mr. Speaker, House Democrats and ing policy. U.S.C. § 371(a) having attained the age and Republicans have found common In February of 2009, she reported for met § 371(c)’s requirements to receive the an- ground on many measures to build 4 weeks of active duty training. While nuity and benefits prescribed by law. more confidence for job creators. We I served more than 20 years—the last five there, she ran into her rapist and went invite the Senate to join our efforts. as a senior judge—and my intent was life- into shock. She immediately sought Mr. Speaker, Americans can’t wait. It’s time service. Obligations to my family now the assistance of the military chaplain. time for the Senate to join the House transcend my ability to continue in the judi- The chaplain told her that it must ciary. Necessity compels re-entry to the pri- in taking action to help restore our have been God’s will for her to be raped vate sector. economy. I recognize that my departure will leave and recommended that she attend only two active judges in our already under- f church more frequently. God’s will? staffed EDCA judiciary. My foremost con- STOP MILITARY RAPE This is the support system for victims cerns are for my fellow judges who labor of rape and sexual assault in the mili- under such formidable and unmanageable The SPEAKER pro tempore. The tary? Sergeant Havrilla now suffers workloads and the public who need our Chair recognizes the gentlewoman from from posttraumatic stress disorder and court. California (Ms. SPEIER) for 5 minutes. chronic depression. The impact on these judges is best under- Ms. SPEIER. Mr. Speaker, today I stood by my latest five year case statistics: In describing her decision to speak 161 jury trials to verdict (32 per year); 5,465 rise, once again, to talk about the epi- out, she said this: ‘‘Leadership needs to courtroom hours (1,093 per year); and 3,554 demic of rape in the military. This is be held accountable and women need to terminated criminal and civil cases (711 per the ninth time that I have stood on the be able to work without the fear of year); with an individual caseload approxi- floor of this House to speak about the being assaulted by their own col- mating 1,200 cases. Included are many com- unspeakable. Each of these military leagues. This is one of the hardest plex water and environmental lawsuits af- members have served proudly for their things I’ve ever done, and I want to fecting endangered species and California’s country. Each of them has been raped, water supply. thank the other women who have Who will now handle these cases? and each has been revictimized by a stepped forward as well. It’s never easy Despite our pleas to and Congress’ express system of justice that protects per- to put yourself out there.’’ recognition of the need, the continued re- petrators and punishes victims. I will Sergeant Havrilla is right. It’s time fusal to create new desperately needed judge- continue to share these stories until for leadership to be held accountable— ships for BDCA has created a hardship for all something changes. Survivors can leadership in the Pentagon, leadership who depend on the Federal court. It has been email me at at the White House, and leadership more than 31 years since a new district judge [email protected] here in Congress. position has been created in Fresno, a divi- if they would like to speak out. sion with over 2.5 million people. The contin- f Today, I want to tell you about Ser- ued erosion of BDCA’s ability to provide the HOSPITALS ARE ABOUT JOBS public with timely and effective federal judi- geant Rebekah Havrilla. She served in cial service is a burden our nation and liti- the Army from 2004 to 2008. Her job was The SPEAKER pro tempore. The gants should not suffer. as an explosive ordnance disposal tech- Chair recognizes the gentleman from

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They have the revenue Mr. Speaker, today I rise to recognize the following prayer: stream and the desire to hire more the many hospital professionals that O Lord God, I thank You that we can Kansans, but the cost of complying serve every day to keep our commu- take a moment to acknowledge that with government regulations, like the nities leading strong, healthy lives. there is one that is greater than all the cement MACT, restrict their ability to Having spent 28 years as a therapist, governments and power of man. do so. rehabilitation services manager, and a Thou art worthy to receive glory, The EPA shouldn’t be implementing licensed nursing home administrator, I honor, and power. regulations that do more economic know firsthand the many challenges Lord, as You guide the course of all damage than they achieve in environ- this industry continues to face. creation and the events of mankind mental good. I hope the EPA will take Medicare and Medical Assistance throughout history, may we willingly this opportunity to reform their rules payments are just a few of the many be in submission to Your mighty hand. and be part of the solution rather than variables beyond a hospital’s control— Fill us with love, joy, peace, long-suf- the problem. Let’s end overregulation Medicare that only pays 80 to 90 cents fering, gentleness, goodness, faith, and get Americans back to work. for every dollar of cost in delivering meekness, and temperance. f care and Medical Assistance that only Lord, raise up leaders here that You JOB CRISIS IN AMERICA pays 40 to 60 cents for every dollar of can show Yourself strong in the behalf (Ms. FUDGE asked and was given cost in delivering care. of them whose heart is perfect toward permission to address the House for 1 As Congress continues to work on You. minute and to revise and extend her re- issues impacting this industry, it is im- Give us Your wisdom to solve our marks.) portant to recognize the critical role problems. Give us Your power to over- Ms. FUDGE. Mr. Speaker, I rise our hospitals play in not only pro- come our enemies. Give us Your com- today to address the job crisis in our viding access to cost-effective care, but passion to meet people’s needs. Nation. also economic growth. In the name of my Lord and Saviour, While we operate in a divided Con- In my home State of Pennsylvania, Jesus Christ, who gives me freedom gress, Americans are struggling. Mil- more than 584,000 individuals depend on from the bondage of sin, liberty to lions are unemployed, underemployed, hospitals for their jobs through direct stand for what is right, and the reason and without the skills to be employed. and indirect employment. The eco- to live. nomic contributions made by Penn- More than 1.4 million Americans have sylvania’s hospitals to local commu- f been out of work for more than 99 nities continue to increase, rising to THE JOURNAL weeks. These Americans want jobs. $98.9 billion in 2010, and that’s up from Most Americans don’t understand the The SPEAKER. The Chair has exam- delay. Many can’t afford to wait. So $89.8 billion during 2008. ined the Journal of the last day’s pro- When 268,000 hospital employees why haven’t we passed a jobs bill? ceedings and announces to the House President Obama introduced his jobs spend money on products and services, his approval thereof. it translates to nearly 317,000 addi- plan with many of the provisions pre- Pursuant to clause 1, rule I, the Jour- viously supported by both Republicans tional hospital service-related jobs and nal stands approved. more than $13 billion in employee com- and Democrats. What is stopping this pensation. More than $27.2 billion in f Congress from passing a jobs bill? I want every unemployed American total labor income is generated di- PLEDGE OF ALLEGIANCE rectly and indirectly by Pennsylvania to know that some of us really are hospitals. In 55 of the 67 Pennsylvania The SPEAKER. Will the gentle- working to get a jobs bill passed. We UDGE) come counties, hospitals remain among the woman from Ohio (Ms. F feel your pain, we know your struggle. forward and lead the House in the top five employers, providing family- We must act now. Pledge of Allegiance. sustaining jobs and solid benefits. f Ms. FUDGE led the Pledge of Alle- Every additional dollar in employee giance as follows: GOVERNOR BEVERLY PERDUE compensation in the hospital sector re- I pledge allegiance to the Flag of the PROPOSES SUSPENSION OF CON- sults in 92 cents of wages to other GRESSIONAL ELECTIONS Pennsylvania industries. United States of America, and to the Repub- lic for which it stands, one nation under God, (Mr. WILSON of South Carolina At a time marked by so much uncer- indivisible, with liberty and justice for all. tainty, lawmakers need to ensure that asked and was given permission to ad- hospitals remain viable assets in our f dress the House for 1 minute and to re- vise and extend his remarks.) communities, where they can provide ANNOUNCEMENT BY THE SPEAKER Mr. WILSON of South Carolina. Mr. jobs, support other businesses, and con- The SPEAKER. The Chair will enter- tinue offering these critical services. Speaker, the Raleigh News & Observer tain up to 15 requests for 1-minute reported seriously that last Tuesday at Hospitals are about access to quality speeches on each side of the aisle. care and jobs. a Rotary club meeting in Cary, North f Carolina, Governor Beverly Perdue f stated: ‘‘I think we ought to suspend, BURDENSOME REGULATIONS perhaps, elections for Congress for 2 RECESS STIFLE JOB CREATION years and just tell them we won’t hold The SPEAKER pro tempore. Pursu- (Ms. JENKINS asked and was given it against them, whatever decisions ant to clause 12(a) of rule I, the Chair permission to address the House for 1 they made, to just let them help this declares the House in recess until noon minute and to revise and extend her re- country recover.’’ today. marks.) Any governor, especially our great Accordingly (at 10 o’clock and 58 Ms. JENKINS. Mr. Speaker, to spur neighbor of the 10th largest State in minutes a.m.), the House stood in re- job creation in this country, we must the country, should be unwavering for cess until noon. remove burdensome regulations sti- citizens to have their votes counted. f fling our job creators. The EPA’s Max- Elections are vital for accessibility and imum Achievable Control Technology, accountability. Governor Perdue fails b 1200 or MACT rule, is set to crush our ce- to understand that House Republicans ment manufacturers. have put job creation, economic AFTER RECESS Eastern Kansas has three cement growth, and limited spending at the The recess having expired, the House manufacturers who employ thousands. center of the congressional agenda. was called to order by the Speaker at I recently toured plants at Monarch Since January, House Republicans noon. Cement in Humboldt, Ashgrove Cement have led efforts to help our economy

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The House has passed 90 bills this coaches said: ‘‘It was a dream come We thank our hospital professionals year, and the Senate has only passed true for him to fly for the Marines and for their service; and as chairman of 20. be a pilot.’’ I understand that dream. the Energy and Commerce Health Sub- In conclusion, God bless our troops, Captain Heitmann is a true patriot committee, I will always listen to their and we will never forget September the and displayed the love for his country voice as Congress works to improve our 11th in the global war on terrorism. that separates the people of our great health care system. f Nation from any other in the world. f Our men and women in the military, AMERICAN JOBS ACT SMALL BUSINESSES FIGHTING TO like Captain Heitmann, work tirelessly GROW to protect our country. Their sacrifice (Mr. BACA asked and was given per- mission to address the House for 1 (Ms. HAHN asked and was given per- is the reason for our liberty. While he will be sorely missed, it’s because of minute.) mission to address the House for 1 Mr. BACA. Mr. Speaker, the ‘‘party his commitment and that of people minute and to revise and extend her re- of no’’ is at it again. Republicans have like him that we can stand before you marks.) been in the majority for 273 days, and in a Chamber like this today. Ms. HAHN. Mr. Speaker, last week I they still have no plans to create new God bless Captain Heitmann’s serv- held meetings in my district with over jobs. Now the Republicans are saying ice, and God bless his family. 50 businesses; not to talk to them, but ‘‘no’’ to the American Job Act, with to listen to them. I wanted to hear f the majority leader calling this bill from small businesses themselves— A DECADE IN AFGHANISTAN ‘‘dead.’’ what is standing in your way and what But what are the Republicans really (Mr. QUIGLEY asked and was given do you need to succeed. And I heard saying no to? They’re saying no to permission to address the House for 1 that even in the sluggish economy, helping small businesses grow and hire. minute.) these small businesses are finding op- They’re saying no to keeping teachers Mr. QUIGLEY. Mr. Speaker, we have portunities. They want to hire and in the classroom. They’re saying no to been in Afghanistan for 10 years. grow. Difficult times cannot repress keeping firefighters, first responders Two years ago, on the eighth anni- the ingenuity and determination of the and cops on the job. They’re saying no versary of our invasion of Afghanistan, American small businessperson. to building our crumbling roads, I stood in this same spot and asked: What they do need is access to cap- bridges and schools. They’re saying no Have our 8 years, 791 American deaths, ital to seize these opportunities. They to cutting taxes for hardworking and billions of U.S. dollars spent in Af- need small business loans that don’t American families. take a small mountain of paperwork to ghanistan made America safer? My The American Job Act is a bipartisan apply for. They need us to pass the conclusion, sadly, was no. approach with ideas that have been American Jobs Act to give them the Two years later, I am left asking the supported by both Democrats and Re- tools they need to innovate and grow. same questions and reaching the same publicans. We must stop this political Congress bent over backwards to bail conclusions: al-Qaeda is still not pri- game. The American people are suf- out Wall Street billionaires. Where’s marily in Afghanistan, but in Paki- fering, and they need our help now. the help for the ordinary men and stan, Yemen, Africa and elsewhere. We Let’s all say yes to putting Americans women working on Main Street? Con- still cannot afford a vast ground war back to work and pass this bipartisan gress needs to get our priorities and rebuilding effort abroad. We should agenda. be fighting a smaller, smarter war that straight. We should be fighting for f small businesses that are the backbone goes after terrorists instead of building MIDDLE EAST PEACE of our economy and the foundation of nations. It’s time to get out of Afghan- our American Dream. istan before another year passes and we (Mr. GARDNER asked and was given are back here saying the same thing all permission to address the House for 1 f over again. minute.) b 1210 f Mr. GARDNER. Over this past week, I was reminded that while my Jewish HONORING THE LIFE OF MARINE PENNSYLVANIA HOSPITALS friends and colleagues were celebrating CAPTAIN THOMAS HEITMANN (Mr. PITTS asked and was given per- Rosh Hashanah, the Jewish new year, (Mr. KINZINGER of Illinois asked mission to address the House for 1 members of the United Nations were and was given permission to address minute and to revise and extend his re- considering a motion that would fur- the House for 1 minute.) marks.) ther jeopardize chances for Middle East Mr. KINZINGER of Illinois. Mr. Mr. PITTS. Mr. Speaker, I would like peace. I’m very concerned, Mr. Speak- Speaker, I rise today to speak in honor to welcome members of the Hospital er, that the willingness of the U.N. to of Captain Thomas Heitmann, a marine and Health System Association of consider Palestinian statehood, despite from Mendota, Illinois, who faithfully Pennsylvania to Washington today. United States calls to halt such an ac- served our country. He was killed on Hospitals are an essential piece of tion, will embolden Israel’s enemies. September 19, 2011, at the age of 27, in Pennsylvania’s economy. Annually, the This must stop now. We must send a a helicopter crash at Camp Pendleton, total economic benefit for our State is message to the United Nations that California. $2.7 billion a year. their continued support for anti-Se- Captain Heitmann was one of six More than 16,000 Pennsylvanians are mitic and anti-Israel resolutions is un- children. His parents sent their son to employed by hospitals, and they are acceptable to the United States. As Holy Cross School, and he graduated in paid an average salary of more than members of our House leadership, Re- 2002 from St. Bede Academy in Peru. $52,000 a year. In my home district, publican and Democrat, recently said He is remembered throughout the com- Lancaster General Hospital is now the in a New York Daily News op-ed: ‘‘Con- munity as a truly outstanding person. largest employer. Doctors, nurses, and gress will not sit idly by.’’ Nor will I He was known by his family, friends, other hospital workers are contrib- sit idly by. We simply cannot and will former coaches, and teammates as ‘‘the uting to our economy and saving lives. not allow Israel, a beacon of hope in a all-American boy,’’ ‘‘the star athlete,’’ They’re working hard to come up with volatile area of the world, to be ignored ‘‘a kind, supportive and good friend,’’ new ways to save lives, new methods to and cast aside by the U.N. and a ‘‘gentleman to all.’’ improve our health, and ways to reduce Lasting peace will only succeed if the Captain Heitmann was brought up the cost of care. Israelis and the Palestinians them- with a strong set of core values. He Working in a hospital is not easy. selves come to the table for direct ne- worked hard and understood the impor- Doctors, nurses, and administrators gotiations. Peace is not easy, as we

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Yet permission to address the House for 1 our ally Israel. despite broad congressional support, minute.) f implementation of the pilot fatigue Mr. KELLY. ‘‘I cannot believe you rule is more than 2 months overdue. guys put yourselves behind the eight DETROIT JOBS TRUST FUND Yesterday, 102 of my colleagues and I ball.’’ Well, that’s what my football (Mr. CLARKE of Michigan asked and sent a letter to the administration urg- coaches used to say whenever our team was given permission to address the ing the quick implementation of these botched a play or missed an oppor- House for 1 minute and to revise and reforms. tunity to win a game. extend his remarks.) Mr. Speaker, the old policies still in As we mark 888 days since the Senate Mr. CLARKE of Michigan. The De- place do not adequately prevent fatigue has passed a budget, I’d like to say to troit Jobs Trust Fund will create jobs or sufficiently protect the traveling our friends over in the Senate: I can’t for Detroiters. And we definitely need public. We must implement the over- believe you folks have put the Amer- it. Metro Detroit has lost more jobs due pilot fatigue rule. While we delay, ican people behind the eight ball. over the last 10 years than any other the traveling public continues to take Without a long-term budget, you metropolitan area in the country. to the skies bearing unnecessary risks. can’t run a business, you can’t run But as the fighting spirit of the De- f family finances, and you sure as heck troit Tigers and Detroit Lions dem- b 1220 can’t run a government. Passing a onstrates, we’ve got to fight to help budget is one of the most basic legisla- NATIONAL FEDERATION OF THE this country compete and win any bat- tive responsibilities Congress has, and BLIND tle for jobs around the world. So my the Senate leadership has not only message is this: if you want to create (Mr. STEARNS asked and was given punted on this, they’ve taken a knee. more manufacturing jobs here in the permission to address the House for 1 Leadership isn’t about sitting on the U.S., then invest in Detroit. minute and to revise and extend his re- sidelines, it’s about having the courage f marks.) to run the play. My colleagues in the Mr. STEARNS. Good afternoon, Mr. House and I are calling on Senator SHUTTLE PLACEMENT NEXT TO Speaker. REID to run the play. Pass a budget. STRIP CLUB Although the disabled have made sig- Pass the pro-growth bills we’ve already (Mr. POE of Texas asked and was nificant progress in achieving the gotten through the House and help get given permission to address the House American Dream today, they still face America out from behind the eight for 1 minute.) unfairness in the workplace under a ball. Mr. POE of Texas. Mr. Speaker, provision that allows employers to pay The American people have waited 888 NASA plans to send the shuttle Enter- workers with disabilities less than the days to see a budget come out of the prise to New York City, a place that Federal minimum wage. Senate. And while the Senate is taking has no connection with NASA. In their Protections for disabled workers its good old time, the American people sales pitch for the shuttle, the Intrepid were excluded in the Fair Labor Stand- are taking it on the chin. With con- Museum painted an extravagant pic- ards Act in the mistaken belief that stant threats of shutdowns and slow- ture of the orbiter prominently dis- they would not be as productive as downs over continuing resolutions, played in a beautiful facility on the other workers. That is why I offered we’ve had enough. the Fair Wages for Workers with Dis- Hudson River. Mr. REID, please do your job. Pass a Now, in a misleading bait-and-switch abilities Act, along with my good col- budget. move, they want to move this piece of league, Congressman BISHOP of New York. This legislation would phase out ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE space history next to a bagel joint, a The SPEAKER pro tempore (Mr. car wash and a strip club to supposedly the provision in the Fair Labor Stand- ards Act that allows subminimum wage BASS of New Hampshire). The Chair beautify the area. The shuttle should will remind Members to direct their re- not be used as part of an urban renewal for disabled workers. It is deplorable and wrong in America marks to the Chair. project. that these not-for-profit centers would The only place this shuttle should be f hire people with disabilities, including heading to is Houston’s ‘‘Space City, the visually impaired, and pay them U.S.A.,’’ the historical place for all AMERICAN JOBS ACT less than $1 an hour. Workers with dis- space exploration. The first word on abilities contribute to our economy (Mr. BUTTERFIELD asked and was the Moon was ‘‘Houston’’, not ‘‘New and to our society, and they deserve given permission to address the House York City.’’ And placing the shuttle in equal pay for equal work. for 1 minute.) New York City is like putting the Stat- Mr. BUTTERFIELD. Mr. Speaker, it f ue of Liberty in Omaha, Nebraska. is very disappointing to me that the NASA and the Smithsonian should re- PASS THE AMERICAN JOBS ACT gentleman from South Carolina (Mr. consider putting the shuttle in New (Mr. AL GREEN of Texas asked and WILSON) a few moments ago took North York. was given permission to address the Carolina Governor Perdue’s words com- And that’s just the way it is. House for 1 minute and to revise and pletely out of context. Every day, Gov- f extend his remarks.) ernor Perdue of North Carolina is urg- Mr. AL GREEN of Texas. Mr. Speak- ing this Congress to work in a bipar- AVIATION SAFETY RULE er, it’s time for this House to act on tisan manner to create jobs by passing (Mr. HIGGINS asked and was given the American Jobs Act. It not only the American Jobs Act. permission to address the House for 1 makes good sense, it makes dollars and We need, Mr. Speaker, to help create minute.) cents for businesses. Businesses that jobs. We need to help job creators by Mr. HIGGINS. I come before the hire persons who have been looking for offering new tax cuts that incent the House today, Mr. Speaker, to call for work for more than 6 months will get a hiring of workers and cut payroll the immediate implementation of the $4,000 tax credit. If that person happens taxes. The tax cuts in President pending aviation safety rule on pre- to be a veteran, it becomes $5,600. If Obama’s American Jobs Act will save a venting pilot fatigue. that veteran happens to have a dis- business with 50 employees roughly In February of 2009, Continental Con- ability that is service connected, it be- $50,000 per year and give employees an nection Flight 3407 crashed in my com- comes $9,600. additional $1,500 per year each in take- munity of western New York. The in- It’s time to act on the American Jobs home pay. This is real money. It vestigation of the crash brought to Act. It makes good sense. It also makes equates to real job growth in the near light serious deficiencies in Federal good dollars and cents for business. term.

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.019 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6522 CONGRESSIONAL RECORD — HOUSE October 4, 2011 But the American Jobs Act is more future for the American people and a The list goes on, but the theme is the than just tax cuts. Investments in edu- better American economy. same we’ve seen all year: The majority cation and infrastructure will increase f is more interested in putting ideology long-term growth. over common sense and partisanship AMERICAN JOBS ACT I urge this body to take up the whole over people’s needs. American Jobs Act—not cherry-pick (Mr. CONNOLLY of Virginia asked f its parts—without delay so that the and was given permission to address PASS THE AMERICAN JOBS ACT small businesses of America can con- the House for 1 minute and to revise tinue to grow and hire, leading us into and extend his remarks.) (Ms. EDWARDS asked and was given prosperity. Mr. CONNOLLY of Virginia. Mr. permission to address the House for 1 f Speaker, how many different jobs could minute and to revise and extend her re- be created if America just had more marks.) FREE TRADE AGREEMENTS snakes? venom specialists? animal con- Ms. EDWARDS. Mr. Speaker, the (Mr. YODER asked and was given trol? mongoose peddler? I only ask be- other side has been in the majority for permission to address the House for 1 cause, in the face of stagnating job 39 weeks and they still haven’t passed minute.) growth, Republican leadership in the a single piece of legislation to create Mr. YODER. Mr. Speaker, it’s time House Oversight Subcommittee actu- jobs or help small businesses. And now to put America back to work again, ally recommended relaxing restrictions they reject out-of-hand, commonsense and that’s why I rise today to lend my on exotic snake sales to create jobs. ideas in the American Jobs Act that voice in support of the three pending Apparently, in the face of ongoing un- would help small business owners who free trade agreements that the Presi- employment, the one job Republicans really are the economic engine respon- dent has submitted to Congress. feel confident they can create is snake sible for creating 70 percent of the jobs At a time when 13.9 million Ameri- oil salesman. in this country. cans are looking for employment, these In contrast, President Obama’s jobs Last week, I visited with small busi- commonsense, bipartisan bills are the proposal takes a page out of a former ness owners like Susan Bishop, the types of pro-job legislation upon which Republican playbook, most notably owner of Jaha Hair Studio. She has this Congress should be focused. that of Dwight D. Eisenhower, sup- been in business 16 years, has eight em- It’s estimated that these agreements porting policies that put Americans ployees, and she has found it impos- could create hundreds of thousands of back to work. It includes infrastruc- sible to get a $30,000 credit extension to jobs in the United States and increase ture investments to build and repair meet payroll from a bank that she has American exports by tens of billions of schools, roadways, bridges, creating done business with for 16 years. She dollars a year. This means real jobs in construction jobs. The President’s pro- wants to expand her business, to hire the Third District of Kansas and posal cuts business taxes to incentivize others, to train others, and she can’t do throughout my home State, where ex- hiring in the private sector, and it cuts it, but she could with the American ports are a major component of our payroll taxes for every current worker Jobs Act. economy, accounting for almost $10 bil- to spur economic demand. These bipar- Constituents Abeba and Lene lion in economic activity and sup- tisan policies have been successful in Tsegaye, owners of Kefa Cafe, told me porting 30,000 jobs. the past. that they would actually hire someone Mr. Speaker, Americans are tired of The American people need real jobs, if they could get the tax credits avail- partisanship and they’re looking for so- Mr. Speaker, not snake charmers, and I able in the American Jobs Act. lutions to our economic challenges. ask that my colleagues support real So why aren’t we doing it, doing it Today, let’s come together, pass these proposals like the American Jobs Act. for the owners of Kefa Cafe and other small businesses throughout my con- trade agreements, and let’s get Kansas f and all of America working again. gressional district? These are real job LABOR-HHS EDUCATION f creators. It’s time for this to be our top APPROPRIATIONS CONCERNS priority. AMERICAN JOBS ACT (Mrs. CAPPS asked and was given Pass the American Jobs Act. Get (Mr. YARMUTH asked and was given permission to address the House for 1 America back to work. It’s time for the permission to address the House for 1 minute and to revise and extend her re- majority to act. minute.) marks.) f Mr. YARMUTH. Mr. Speaker, the Mrs. CAPPS. Mr. Speaker, I rise to b 1230 American Jobs Act has been presented express my deep concern over the to the American people, but in this Labor-HHS Education appropriations PENDING FREE TRADE House it doesn’t sound like it’s going draft posted last week by the majority. AGREEMENTS to get much of a hearing. Republican Not only did this action circumvent (Mr. MORAN asked and was given leadership has called it dead and has the procedures of the House and dis- permission to address the House for 1 called it a partisan piece of legislation. regard the input of committee mem- minute and to revise and extend his re- Well, I’ve got some evidence that bers, but the bill is misguided and dan- marks.) shows that it’s not really that par- gerous for our Nation’s families and Mr. MORAN. Mr. Speaker, I rise to tisan. As a matter of fact, we sent out economy. speak for the three bilateral trade a survey to over 4,000 Louisvilleans The draft eliminates the cost-effec- agreements which the President sub- asking them for their opinion on all tive Title X family planning program, mitted to the Congress yesterday. I ap- provisions of the American Jobs Act. blocks funds for evidence-based sex plaud the administration on the nego- The percentage of support was astound- education programs to instead spend tiated revisions to these agreements, ing. Almost 80 percent want to spend them on programs proven ineffective which will improve market access in $50 billion to improve our infrastruc- and discriminatory, and, again, threat- Korea, tax transparency in Panama, ture; 76 percent want to cut payroll ens to shut down the government over and labor rights in Colombia. Through taxes for every worker, 77 percent to Planned Parenthood. their hard work, our trade negotiators, cut the payroll tax for businesses, 73 This plan harms our health care led by Ambassador Kirk, have made percent allowing businesses to write off workforce by slashing the job-creating real and significant improvements to 100 percent of new investments, a Re- National Health Service Corps program these agreements. Their passage is long publican proposal; 79 percent want to by 55 percent and making steep reduc- overdue. provide a tax credit for hiring Amer- tions to the Community Health Center While political negotiations over pre- ican veterans. program. And it wipes out the success- viously uncontroversial Trade Adjust- No, the only thing that’s partisan ful Senior Corps and AmeriCorps pro- ment Assistance programs have about the American Jobs Act is the Re- grams that not only provide jobs, but dragged on here in Washington, Amer- publicans’ attitude about it. And it is also critical low-cost services to our ican businesses have been losing mar- time to pass this act to create a new families and seniors. ket share in these three countries. For

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.025 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6523 example, in the first month after the not exceed one hour equally divided and con- substitute. The previous question shall be European Union-South Korea free trolled by the chair and ranking minority considered as ordered on the bill and amend- trade agreement went into effect in member of the Committee on Energy and ments thereto to final passage without inter- July, EU exports to South Korea in- Commerce. After general debate the bill vening motion except one motion to recom- shall be considered for amendment under the mit with or without instructions. creased 36 percent over the year before. five-minute rule. It shall be in order to con- Meanwhile, U.S. market share has been sider as an original bill for the purpose of The SPEAKER pro tempore. The gen- steadily declining, from 21 percent 10 amendment under the five-minute rule the tleman from Florida (Mr. NUGENT) is years ago to 9 percent today. Colombia amendment in the nature of a substitute rec- recognized for 1 hour. has implemented trade accords with its ommended by the Committee on Energy and Mr. NUGENT. Mr. Speaker, for the neighbors and with Canada and will Commerce now printed in the bill. The com- purpose of debate only, I yield the cus- soon implement an agreement with the mittee amendment in the nature of a sub- tomary 30 minutes to the gentleman stitute shall be considered as read. All points European Union, but U.S. exporters of order against the committee amendment from Florida (Mr. HASTINGS), pending still face an average of 9 percent in tar- in the nature of a substitute are waived. No which I yield myself such time as I iffs. These treaty agreements need to amendment to the committee amendment in may consume. During consideration of be passed to create jobs. the nature of a substitute shall be in order this resolution, all time yielded is for f except those received for printing in the por- the purpose of debate only. tion of the Congressional Record designated AMERICAN JOBS for that purpose in clause 8 of rule XVIII in GENERAL LEAVE (Ms. HANABUSA asked and was a daily issue dated October 4, 2011, or earlier Mr. NUGENT. Mr. Speaker, I ask and except pro forma amendments for the given permission to address the House unanimous consent that all Members purpose of debate. Each amendment so re- have 5 legislative days to revise and ex- for 1 minute.) ceived may be offered only by the Member Ms. HANABUSA. Mr. Speaker, we who caused it to be printed or a designee and tend their remarks. speak of jobs, both sides of the aisle shall be considered as read if printed. At the The SPEAKER pro tempore. Is there speak of jobs. And we wonder, why is it conclusion of consideration of the bill for objection to the request of the gen- that jobs are not being created? It is amendment the Committee shall rise and re- tleman from Florida? because the public has no confidence in port the bill to the House with such amend- There was no objection. ments as may have been adopted. Any Mem- any of us. So let’s start to look seri- ber may demand a separate vote in the Mr. NUGENT. I rise today in support ously at the jobs bill that we have be- House on any amendment adopted in the of House Resolution 419. The rule pro- fore us, and that is the President’s Committee of the Whole to the bill or to the vides for consideration of two separate American Jobs Act. And let’s look at committee amendment in the nature of a but related bills: H.R. 2250, the EPA specifics within that. We speak generi- substitute. The previous question shall be Regulatory Relief Act of 2011; and H.R. cally, but let’s see how it really affects considered as ordered on the bill and amend- 2681, the Cement Sector Regulatory Re- people, and let’s look at how it affects ments thereto to final passage without inter- vening motion except one motion to recom- lief Act of 2011. the one group of people that we all say mit with or without instructions. I’m proud to sponsor this rule, which we want to help: the veterans. SEC. 2. At any time after the adoption of provides for a modified open amend- When I was home, we went to the this resolution the Speaker may, pursuant to ment process with a preprinting re- opening for the U.S.VETS. It was to clause 2(b) of rule XVIII, declare the House quirement. This modified open rule implement the President’s plan that we resolved into the Committee of the Whole House on the State of the Union for consider- means that any Member, Republican or will end veteran homelessness by the Democrat, with any germane amend- year 2015. But we also know an integral ation of the bill (H.R. 2250) to provide addi- tional time for the Administrator of the En- ment that complies with the other part of that is the jobs. Look at what vironmental Protection Agency to issue rules of the House will have the oppor- his act produces: Returning Heroes tax achievable standards for industrial, commer- tunity to debate that issue. It’s an- credits of up to $5,600 if you hire an un- cial, and institutional boilers, process heat- other example of the Republican ma- employed vet; a Wounded Warriors tax ers, and incinerators, and for other purposes. jority’s continued commitment to The first reading of the bill shall be dis- credit of up to $9,600 if you hire a dis- openness and transparency. abled veteran. Isn’t it time for us to pensed with. All points of order against con- Mr. Speaker, since coming to this just stop all of this and start to focus sideration of the bill are waived. General de- bate shall be confined to the bill and shall body back in January, my priority has on what we need to do to create the not exceed one hour equally divided and con- been to create an environment where jobs for the people who need it? trolled by the chair and ranking minority American workers can prosper. In my f member of the Committee on Energy and home district, unemployment hovers Commerce. After general debate the bill PROVIDING FOR CONSIDERATION shall be considered for amendment under the around 13 percent. I don’t doubt this OF H.R. 2681, CEMENT SECTOR five-minute rule. It shall be in order to con- sad statistic is part of the reason why REGULATORY RELIEF ACT OF sider as an original bill for the purpose of Vice President BIDEN is in my district 2011; AND PROVIDING FOR CON- amendment under the five-minute rule the today, talking up the President’s so- SIDERATION OF H.R. 2250, EPA amendment in the nature of a substitute rec- called American Jobs Act. Unfortu- REGULATORY RELIEF ACT OF ommended by the Committee on Energy and nately for thousands of people looking 2011 Commerce now printed in the bill. The com- for work in Florida’s Fifth Congres- mittee amendment in the nature of a sub- sional District, they can’t afford for Mr. NUGENT. Mr. Speaker, by direc- stitute shall be considered as read. All points tion of the Committee on Rules, I call of order against the committee amendment the President and Vice President to up House Resolution 419 and ask for its in the nature of a substitute are waived. No just keep talking about it. They need immediate consideration. amendment to the committee amendment in action, not promises. They need to ac- The Clerk read the resolution, as fol- the nature of a substitute shall be in order tually break down the barriers that are lows: except those received for printing in the por- preventing job creators and employers tion of the Congressional Record designated from creating new jobs. H. RES. 419 for that purpose in clause 8 of rule XVIII in Every week when I go home, I meet Resolved, That at any time after the adop- a daily issue dated October 4, 2011, or earlier tion of this resolution the Speaker may, pur- and except pro forma amendments for the with small business owners to get their suant to clause 2(b) of rule XVIII, declare the purpose of debate. Each amendment so re- input on what they need to start hiring House resolved into the Committee of the ceived may be offered only by the Member again. They always tell me the same Whole House on the State of the Union for who caused it to be printed or a designee and three things: We need demand from consideration of the bill (H.R. 2681) to pro- shall be considered as read if printed. At the customers; loans aren’t as easy to vide additional time for the Administrator of conclusion of consideration of the bill for come by as they were prior to the re- the Environmental Protection Agency to amendment the Committee shall rise and re- cession; and they have no idea what to issue achievable standards for cement manu- port the bill to the House with such amend- expect from Washington, as it relates facturing facilities, and for other purposes. ments as may have been adopted. Any Mem- The first reading of the bill shall be dis- ber may demand a separate vote in the to regulation and taxes. Washington pensed with. All points of order against con- House on any amendment adopted in the can’t directly control the first two sideration of the bill are waived. General de- Committee of the Whole to the bill or to the things but can absolutely take care of bate shall be confined to the bill and shall committee amendment in the nature of a the third.

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.026 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6524 CONGRESSIONAL RECORD — HOUSE October 4, 2011 b 1240 have been here long, but I know Wash- HOLT, G.K. BUTTERFIELD, and JOHN When we had a balanced budget ington doublespeak when I hear, Well, SHIMKUS. I signed that letter. I was not amendment rally in Dade City, one of it’s not without additional challenges the author of same. I do not deny any the small business owners stood up and to that industry. of its particulars, specifically the fact said, what we need is certainty from It’s not just the Cement MACT rule that there should be flexible ap- the Federal Government. We need cer- that’s ‘‘not without challenge,’’ Mr. proaches to address the diversity of tainty what our taxes are going to be Speaker. My colleague, Mr. HASTINGS, boiler operation, sectors and fuels that and what regulations are going to be. wrote a letter to the EPA about 2 could prevent severe job loss. He talked about the fact that regula- months ago, and I commend him for I would remind my friend that the tions change on a moment’s notice this letter. In it, he says, ‘‘The Boiler measure that we were speaking of is based upon whims of the government. MACT rule alone could impose tens of under a stay and, therefore, the imple- He used to plan 3 to 5 years out in re- billions of dollars in capital costs at mentation of the provision will con- gards to what their business plan was thousands of facilities across the coun- tinue, I believe, to allow for the needed going to do, what their hiring process try.’’ My colleague from Florida asked flexibility. was going to be. Today, they’re lucky the EPA to consider a more flexible ap- And I think you referred, and I refer if they can plan 90 days based upon the proach that ‘‘could prevent severe job again, to the portion of the joint bipar- uncertainty. And so long as two-thirds losses and billions of dollars in unnec- tisan letter: of Americans in this country think essary regulatory costs.’’ ‘‘As EPA turns to developing a final that we’re on the wrong track, they’re In Florida alone, Boiler MACT will Boiler MACT rule’’—mind you, they going to stay hunkered down, waiting affect at least 43 boilers, requiring $530 had not, and this was as of August of for signs that things are improving. million in retrofits. I just heard from last year—‘‘we hope you will carefully The American people need to believe the Florida sugar industry, who esti- consider sustainable approaches that that we’re putting this economy back mates Boiler MACT for their compli- protect the environment and public on track, back towards growth and ance alone will cost $350 million and health while fostering economic recov- prosperity, and you do that through cost untold jobs. I’ve heard from the ery and jobs within the bounds of the leadership. There are currently 219 reg- pulp and paper workers, who may need law.’’ ulations under consideration. Each of to lay off 87,000 workers if the Boiler That is precisely what I signed on to those regulations separately will cost MACT regulations go into place. I’ve and stand by, and I don’t believe that us $100 million. That’s $21.9 billion in heard from timber producers in my dis- it is inconsistent with anything that increased regulations on businesses trict that have recently been hurt be- my friend pointed out nor did he sug- today that are already crushed because cause U.S. plywood producers have had gest that it would be inconsistent. they can’t compete. What’s more, there to close because of lack of demand, and But I did also hear my friend talk are 4,226 new regulations in the hopper. now they’re fearful they may have to about Washington doublespeak, and I With that many regulations costing deal with the double whammy that distinctly heard him refer to what has that much money hanging over their Boiler MACT is going to do in regards now kind of perpetuated itself inside heads, how on Earth can we expect to putting businesses out of work and this beltway, and that is the statement small businesses to actually create close them down. It could crush one of that was made earlier by the distin- jobs? the last outlets for their timber prod- guished Speaker of the House of Rep- Today in the House, we have the abil- ucts. resentatives that ‘‘at this moment the ity to address some of these executive Representative HASTINGS, in his let- executive branch has 219 rules in the rules, all promulgated by the EPA. ter to the EPA, said this: ‘‘I believe works that will cost our economy at Those rules, collectively known as that regulations can be crafted in a least $100 million. That means under Boiler MACT and Cement MACT, put balanced way that sustains both the the current Washington agenda, our thousands of jobs in my district in environment and jobs.’’ I believe these economy is poised to take a hit from jeopardy. For the life of me, I can’t un- bills, H.R. 2250 and H.R. 2681, meet that government of at least $100 million.’’ derstand how the Vice President can balance and makes that balancing pos- I would ask my colleague to not fol- stand up in front of the citizens of sible. low on that pattern; otherwise, you get Land O’ Lakes, Florida, talking about These bills don’t completely elimi- caught in the Washington Beltway job creation with a straight face when nate clean air emissions regulations for doublespeak. The better proof allows the Obama administration is actively boilers, incinerators, or cement kilns, an analysis that was done by The pursuing regulations like Boiler MACT but what they do is require the agency Washington Post, and I’m not a fol- and Cement MACT. to create regulations that actually lower necessarily of The Washington In my district alone, the Cement take achievable science into account. Post Fact Checker, but so far I’ve not MACT rule could cost up to 200 cement They give the affected industry time to heard anyone reference them. manufacturing jobs, not adding into comply. In sum, they make the EPA b 1250 the total of jobs that are going to be think about the American workforce, lost on the associated industries that Mr. Speaker; and in an environment They do give people Pinocchios for move it, sell it, and use it. Addition- where job creation is key, I don’t see when something is not the truth. It’s ally, numerous groups and industries how we can’t support that. either one Pinocchio, two or three. As have made it clear that Boiler MACT With that, I encourage my colleagues it turns out, what the Washington Post regulations will cost them hundreds of to vote ‘‘yes’’ on the rule, and I reserve said following the Speaker’s comments millions of dollars and will put many of the balance of my time. that you have used here today, my dear their employees in the unemployment Mr. HASTINGS of Florida. Mr. friend, is that Mr. BOEHNER left the dis- line. And yet our President ignores Speaker, I thank my friend, colleague, tinct impression that 219 new regula- these regulations and keeps talking and fellow Floridian for yielding the tions were hanging like a sword of about doubling down with a second time, and I yield myself such time as I Damocles over the U.S. economy; but stimulus, following the failed first may consume. it turns out the number of potential stimulus package. Well, here we are I rise today in opposition to the rule regulations is inflated as well as the today, doing something to actually for H.R. 2250. In my considered opinion, potential impact. Overall, his state- save jobs, not just talking about it. both these bills are yet another effort ment contains significant factual er- One of the very first actions I took as by the Republican leadership to demon- rors, and they give it three Pinocchios. a Member of Congress was to invite the ize the Environmental Protection I would urge that you not try to earn EPA to come to my office and explain Agency while doing nothing to create these Pinocchios that they’re talking to me their finalized rules in respect to jobs for the millions of Americans who about, and let’s try to get the facts the Portland cement manufacturing are unemployed. straight. that goes on in my district. They said My colleague Mr. NUGENT, my friend, Just last week, we were having this to me, We understand it’s not without cited the letter, the authors of same very same discussion about a bill that challenge to the industry. I may not being Walter Minnick, ROBERT ADER- made it easier for power plants to emit

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.029 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6525 harmful mercury and other toxic pol- sult in a significant number of pre- ductivity, and ecosystem protections— lutants into the air. Today, we’re talk- mature deaths, in a significant number outweigh the costs by more than 30 to ing about letting industrial boilers and of additional heart attacks, and in con- 1. I continue to remind my friends that cement kilns do the same thing. Last siderable numbers—more than 100,000— the Clean Air Act was implemented week, I asked, Why is it that certain of additional asthma attacks that oth- under the Richard Nixon administra- ones can follow the standards and that erwise could have been avoided. tion, and it has been in existence for 40 others can’t? I still am puzzled by that. Likewise, H.R. 2681 would cause tens years. This country has experienced I also asked last night how it is if we of thousands of adverse health effects, ups and downs during that period of don’t know what the rules are going to including the premature deaths that time insofar as its economy is con- look like that we would be smiting are suspected and the heart attacks cerned, and said regulations haven’t down, if there is such a word, the rule. and additional asthma attacks that caused all of the economy to collapse. Mr. Speaker, we are judged by what otherwise could have been avoided. Otherwise, during the period when we do and not by what we say. What The reason I didn’t use EPA’s num- Speaker Gingrich and President Clin- my friends on the other side of the bers is I don’t think EPA or anybody ton and those of us who were here bal- aisle continue to do is to call up bills else has the prerogative to make a de- anced the budget, we wouldn’t have that are shortsighted and undermine cision about how many people are been able to do it if the Clean Air Act our ability to maintain the public going to die at a certain time. That were all that bad as you all are point- health and cleanliness of our air and said, it does not mean, however, that ing out in your continuous attack water. Bills like these that destroy reg- one person is not going to die, and it against the EPA. In the time since the ulations protecting the air we breathe does not mean that one person is not act was passed, air pollution has been and the water we drink have the same going to have asthma. My position is reduced by more than 60 percent while consequences regardless of intent. Re- one death that could be avoided is too the gross domestic product of the publicans cannot close their eyes to many, and one asthma attack, if United States grew by more than 200 these effects and plead good intentions. you’ve been around children who have percent. I assure you these effects are severe. them, is too many if they could be b 1300 Mercury is a powerful neurotoxin that avoided. Furthermore, an EPA economic anal- In light of these estimates, these does, in fact, hinder brain development ysis found no indication that any ce- bills appear to be nothing more than in infants and children. Other toxic ment plant would close due to the ce- another attempt to purge any govern- metals getting a pass under these bills ment rules. At most, the analysis at are arsenic, chromium and lead, which ment intervention related to keeping this point indicated that 10 underuti- are known to cause cancer and birth our air clean and environment safe. lized plants would go idle temporarily Consider that these regulations the defects. while waiting for economic conditions Republicans say are destroying jobs Despite these facts, my friends on the to improve. other side cling to their anti-regu- have not even gone into effect. The However, if we can get the economy latory dogma with fanatical fervor. I Boiler MACT rules dealing with indus- back on track and restore the demand had a friend last night say to me that trial boilers, as I, along with my col- for cement, then those plants will not some people have a conscience and leagues, wrote to EPA, are currently in have to go idle. We need to focus on brain and that others just think about an administrative state while the EPA creating customers and restoring de- dollar signs. I feel that my colleagues reviews industry-provided data. That’s mand. I heard that from my colleague who have brains—I believe they have why we sent the letter during that pe- saying that’s what he hears from busi- consciences—seem to place the dollar riod of time—to ask them to please nesspersons, I hear that same thing, signs ahead of many of the practical consider the diversity, as I continue to that they need demand and that they matters that would benefit society. do, of boilermakers in this country. need customers. We need to make it This anti-government rhetoric has We don’t even know what those rules easier for them to do that and not easi- gone so far as to lead my colleagues on are going to look like; yet the Repub- er for the suppliers to pollute. the other side astray of the protocols lican gut reaction is to oppose them. You know what’s a great way to cre- laid out by Majority Leader CANTOR. In Or consider that the cement rules have ate more demand for concrete? Invest the third protocol laid out in his Legis- been finalized for a year already. Most in infrastructure projects that use con- lative Protocols for the 112th Congress, cement plants are already in compli- crete for roads and bridges, the very Leader CANTOR writes: ance, and those plants that aren’t are same proposals called for in the Presi- ‘‘Any bill or joint resolution author- working with the EPA to get in com- dent’s Jobs Act. izing discretionary appropriations shall pliance. If Republicans are so concerned with specify the actual amount of funds Mr. Speaker, based on what I’ve seen the concrete plants shutting down, you being authorized. Authorizations shall by the Republican-led Congress, it is should work toward helping these busi- not utilize terms such as ‘such sums as clear to me that they have no inten- nesses sell more concrete. Making it may be necessary’ or similar language tion of using their power to create jobs. easier for them to pollute does not pro- that fails to specify the actual amount I heard my colleague, my friend, say vide underutilized plants with new cus- of funding being authorized.’’ that the President’s administration is tomers. Yet neither of these bills specifies not about the business with the so- In the midst of an economy still suf- how much money is authorized for the called, he said, American Jobs Act. I fering the effects of the greatest reces- implementation of the bill, leaving the don’t know whether it would create a sion in a generation, the only answer cost a mystery. Furthermore, ambig- single job or not. We wouldn’t know it my friends on the other side seem to uous language in these bills will create until it passed, and it isn’t going to be have is to dismantle any government legal uncertainty and ensure litigation. passed here in the House of Representa- regulation intended to protect our Na- Since these bills don’t specify how tives because the agenda that you’ve tion’s public health and environment. much they cost, neither bill contains laid out is an agenda that’s going to at- This, Mr. Speaker, is economic extre- an offset for the cost. These bills also tack the EPA as if they are some hor- mism. defy Leader CANTOR’s fourth protocol ror show here in this country and not I reserve the balance of my time. that we know around here as CutGo. an agenda, as you heard in the one Mr. NUGENT. Mr. Speaker, I love lis- There will be a real cost for the EPA to minutes this morning and as you’ve tening to my friend from Florida (Mr. take on another lengthy rule creation heard from the Democratic leadership HASTINGS). process, but my friends on the other repeatedly, to bring up the Jobs Act, to We talk about what the EPA and side have chosen to ignore this con- put it on the floor, to let it be debated what this rule and underlying legisla- tradiction. under an open rule, and to do what’s tion will do. What they fail to point Mr. Speaker, these bills are not just necessary for us to create jobs. out is that any Member, Democrat or bureaucratic infighting. They will have The history of the Clean Air Act Republican, as it relates to any issue real and measurable effects. According shows that its benefits—longer lives, that this rule and the underlying legis- to EPA’s analysis, H.R. 2250 would re- healthier kids, greater workforce pro- lation will address, has the ability, has

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.031 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6526 CONGRESSIONAL RECORD — HOUSE October 4, 2011 the ability to submit an amendment, this rule passes, because he is con- the floor of the House and tell me that an amendment process that allows us, cerned about the men, women, chil- jobs are not going to be destroyed, if the bill is flawed, in our estimation, dren, the families in his district. That’s manufacturing jobs, good-paying man- to submit an amendment, bring it up why this legislation was introduced. ufacturing jobs, destroyed by the im- for the House, have a debate on it, and He introduced this legislation over plementation of this rule. let’s talk about it. the summer, June 21. On September 8 Now we are going to create some There are ways to fix legislation, not the subcommittee that deals with this other jobs. All the moving companies just kill it. There are ways that we can legislation had a hearing. On Sep- who move folks out of their house in do things as it relates to, you know, tember 8 they had a hearing, and on my district when their homes get fore- business. When we talk about the abil- September 13, a week later, reported closed on because they lost their jobs, ity for these companies, I will tell you out this bill through the regular sub- those jobs are going to be created. We that I got a different flavor on it. Not committee process. We go on, Mr. are going to create some jobs with from the EPA—of course they have Speaker, September 20, the full com- these rules, but not the kinds of jobs their own take on what’s going to work mittee had hearings, markups on this that I know we want, we collectively and isn’t going to work—but I have bill, met in open markup session, and want. heard from, actually, manufacturers on September 21, reported out this bill, This bill has a lot of common ground that it will cost jobs. It will be to their printed this committee report online in it, Mr. Speaker, and we have an op- advantage, if they want, to actually for all of America to read. portunity in this process to find that load up their stuff, put it on a truck And today, if the rule proposed by common ground. You know, folks tell and take it to Mexico where there are my friend from Florida passes, we are this as the tale of Republicans out to no air quality standards at all, none, going to allow any Member of this get the EPA. Nobody loves clean air and we’ll breathe that air forever. House, any Member, Republican and more than I do. Nobody loves clean My good friend brought up about Democrat alike, to offer any changes water more than I do, and I would CutGo, and I really need to talk about that they propose, any changes. All argue no one participates in the out- that. First of all, H.R. 2681 and 2250 they have to do, we gave notice of that doors more than I do. fully comply with the rules of the a week ago today, all they have to do b 1310 House, including CutGo. is preprint their amendment in the The CBO cost estimates clearly state CONGRESSIONAL RECORD, submit it by But the EPA asked, Mr. Speaker, that neither of these bills affect direct the close of business tonight so that all that they have more time to finalize spending. While it may actually force Members will have a chance to read it this. They said, We don’t have time to the EPA to revisit the rule, they have and consider it thoughtfully. Mr. get it right. Can we have more time? the staff to do it. It’s not like it’s a Speaker, that is how this House is sup- And you know what? The Court got in- new mandate to them. It’s not a new posed to run: regular order, regular volved and said, no, you cannot; no program. It meets within the majority process, hearings, markups, and allow- more time for you. Why, Mr. Speaker? leader’s legislative protocols, including ing any Member to have their say. Because the Congress said no. Now, nevertheless, this rule is being discretionary CutGo. Today the Congress has an oppor- challenged and urged for its defeat be- These bills do not authorize any new tunity to say yes, Mr. Speaker. I rise in cause folks don’t like the underlying appropriations, which is one of the full support of the rule and the under- idea. That’s a real frustration for me, tests for discretionary CutGo. These lying legislation. Mr. Speaker, because I grew up in a Na- bills do not create any new program or Mr. HASTINGS of Florida. Mr. tion where we disagree about things office. That’s an additional test on dis- Speaker, I guess it’s my prerogative to from time to time and that’s okay. assist in correcting a couple of meas- cretionary CutGo. And rulemaking is a And what we do is we disagree about basic, basic function of federal agencies ures. I kind of wish my good friend— them, and then we bring them to the and he is and he’s going to be a real and particularly the EPA; so they cer- House floor for a vote so that America asset to our institution as an institu- tainly have the staff available to do it gets to decide. I am the voice for 921,000 tionalist, and I’m referring to my without additional costs. That’s part of people in Georgia, and I can only speak friend, Mr. WOODALL from Georgia. He what their job is. for them when I have a vote on the and I enjoy quite a tete-a-tete in the Mr. Speaker, I would like to yield 5 House floor. This rule provides that Rules Committee. It’s just that when minutes to my friend, the gentleman any amendment offered by any Member he puts forward his proposition, I wish from Georgia (Mr. WOODALL). of this body gets to have the voice of he had that same fervor with all of the Mr. WOODALL. I thank my friend my 921,000 constituents heard. This is closed rules we have had in the House from Florida for yielding me the time. the way it’s supposed to be run. Mr. Speaker, I hope you will chal- I came, Mr. Speaker, from a press up to this time. One-half of all of the lenge the American people to watch conference earlier with about half the rules we’ve promulgated until today this debate that happens over the next freshman class urging the Senate to have been under closed rules. This one hour, because I am down here as a take up legislation, job-creating legis- is a modified open rule. And, yes, freshman to tell you this is exactly lation that is just sitting there in the you’re correct, Members can come what is supposed to be happening in Senate and the Senate won’t take it down and they can go forward if yester- the U.S. House of Representatives. This up. Why? Because perhaps folks don’t day they knew today that they had to is what is supposed to be happening in like the ideas in their entirety. Mr. meet by the close of business the the people’s House. Speaker, I recommend they amend amendment process. I hold in my hand a committee re- them, that they adopt our process of Mr. WOODALL. Will the gentleman port, the committee report from H.R. amending bills in a way that the peo- yield? 2250. It was introduced by a freshman, ple’s voice gets to be heard. Mr. HASTINGS of Florida. I would be a freshman from the southwestern cor- We don’t have to agree on every- happy to yield to the gentleman from ner of Virginia who introduced it, Mr. thing, but we have to talk about it. We Georgia (Mr. WOODALL). Speaker, because he’s worried about have to move that legislation forward, Mr. WOODALL. I thank the gen- jobs in his district. and we have to get the American peo- tleman for yielding. You are not going to find—and I chal- ple’s work done. It’s not optional, Mr. Of course, the Rules Committee sent lenge you to find, a single Member Speaker. If you didn’t want to get the out a Dear Colleague a week ago alert- who’d come to the floor to say my American people’s work done you ing them that they had until tonight. freshman colleague introduced this bill shouldn’t have signed up for the job. And I say to my friend, I think you’re because he has any motivation other And come next November you have a absolutely right about the need for than the best interests of the men and chance to go back home. But if you even more openness in this House. Of women and families that live in his dis- want to get the people’s work done, course, we only had one open rule in trict. this is the right process to do it. the last Congress. Now, understand that: He introduced Mr. Speaker, all jobs are not created Mr. HASTINGS of Florida. Abso- this bill that we are going to discuss, if equal. I challenge anyone to come to lutely.

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.032 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6527 Mr. WOODALL. As a part of this lated a great deal last week, that is, Mr. BLUMENAUER. And work to freshman class, we’re making progress. not willing to take the 21-year delay make sure that they have the resources I look forward to working with you to from the amendments to the Clean Air to do their jobs right, and to stop mak- make even more progress. And I hope, Act and move forward to have some- ing them political footballs. since we can agree this one is done thing in effect by 2013. They want to I’ve had my disagreements over the right, that we can come together, vote delay, to start over in many of these years with EPA, but I respect the men in favor of this, and then look forward cases. and women who work there. I under- to our next challenge. Now remember, in 1990 we amended stand the pressures they’re under, and I thank my friend for yielding. the Clean Air Act to require these reg- Congress is not helping them do their Mr. HASTINGS of Florida. Reclaim- ulations to be completed by the year job any better. And this would be a ing my time, I can’t agree that this one 2000. But a combination of the Repub- dramatic step backward. Mercifully, it is done right, but it’s a modified open lican takeover of Congress and foot won’t go any place in the Senate, and rule. It’s not an open rule, and you dragging by the Bush administration the President would veto it anyway. know that as well as do I. meant that we weren’t ready. When But, we should understand what is But more important, I want to refer they came up with something out of going on. to my good friend from Florida as well the Bush EPA, it was inadequate and Mr. NUGENT. Mr. Speaker, I would when he said that CutGo is not applica- the courts threw it out. Well, we’re just like to remind my colleagues that ble in this particular situation. I dis- back trying to deal with this responsi- this does not violate CutGo. Clearly on agree. And I think what needs to be un- bility. its face, as he said, making my point, derstood by my colleague, Mr. NUGENT, Now, concern was raised about who this does not authorize any new spend- is we don’t make these rules here in cares about people in their districts. ing, not a penny. the House. The protocols have been es- Well, I would be prepared to argue that With that, I yield 3 minutes to the tablished early on, and we don’t say anybody ought to look at the research gentleman from Illinois (Mr. SHIMKUS). what CBO needs to do. I think all of us that’s available. Look at the tens of (Mr. SHIMKUS asked and was given are in agreement that CBO is a non- thousands of lives that will be im- permission to revise and extend his re- partisan requirement, a group that es- pacted: 6,600 lives every year will be marks.) timates for us what would be the net saved by the boiler rule; 2,500 lives a Mr. SHIMKUS. Mr. Speaker, I’m cost of legislation. year by the cement rule. Per year. This pleased to come down here to thank In this particular measure that we affects people in every district; mas- the Rules Committee for the modified are considering, H.R. 2681, CBO esti- sive health care savings across Amer- open rule and a chance for us to go mates that implementing H.R. 2681 ica from people who won’t be subjected through this bill bit by bit, amendment would have a net cost of a million dol- to those conditions. If you care about by amendment, to address concerns lars over the next 5 years. The cost of people that you represent, you ought to that my friends on the other side of the this legislation falls within budget factor in these health considerations. aisle might have about this. function 300, natural resources and en- Now, this legislation requires EPA to toss out work that it has already done b 1320 vironment. Now then, I repeat the protocols and replace it with the least burden- I am following my good friend from enunciated and promulgated by the some standard, including the work Oregon, and I appreciate his passion. practice standard which is only a re- majority leader, Mr. CANTOR: any bill But I come to the floor to talk about quirement to keep the equipment in or joint resolution which authorizes the jobs. And the EPA, whom I’ve also working order and regularly tuned up. the appropriation of funds for any new rallied against numerous times, pro- If we had adopted that initiative, that agency, office, program activity, or duced the Cross-State Air Pollution philosophy 20 years ago, tens of thou- benefit shall also include language off- Rule in July. The result of that is two sands of people would have died. power plants in Illinois are closing. setting the full value of such author- The SPEAKER pro tempore. The ization through a reduction in the au- One is 369 megawatts, and the other time of the gentleman has expired. one is 302 megawatts. That means 671 thorization of current ongoing spend- Mr. HASTINGS of Florida. I yield the megawatts of basal power is going to ing. gentleman an additional 1 minute. Now, that just is not happening here. Mr. BLUMENAUER. But we didn’t. be offline. If you understand the law of And CutGo, although applicable, is We moved forward. And, in fact, the supply and demand—less supply plus being waived, I guess. record shows, despite arguments like similar demand or higher demand At this time, I’m very pleased to we’ve heard today, there were tens of equals higher costs—then it’s very easy yield 3 minutes to the distinguished thousands of jobs created complying to project higher energy costs for ev- gentleman from Oregon, my good with the Clean Air Act requirements. erybody across this country because of friend and classmate, Mr. BLUMENAUER. But what would they do here? You that rule. Mr. BLUMENAUER. Mr. Speaker, I know, as my good friend from Florida Secondly, the job losses. In the first appreciate the gentleman’s courtesy in pointed out, there are many in the in- plant, 14 management and 39 union-rep- permitting me to speak on this. And I dustry who are already complying. resented employees will lose their jobs. must say, I could not agree more with They’ve seen the handwriting on the That’s at plant number one. At plant the gentleman from Florida. If we were wall. They want to be good citizens, or number two, eight management and 29 really concerned about creating job op- there is pressure locally to clean up union-represented employees will lose portunities and strengthening the ce- their act. This bill would reward the their jobs. ment industry, we would be moving people who are dragging their feet and We do this and we come down and we forward with legislation to rebuild and have the dirtiest plants and equipment, have these debates on the role of the renew America, to deal with crumbling and penalize the people who are being EPA so that we can have the debate roads, inadequate transit systems, un- responsible environmental stewards. about jobs in this economy. This is not safe bridges, water and sewage sys- You know, my friends on the other the time—in fact, I have asked the tems, and treatment plants that need side of the aisle oftentimes adopt rhet- President, the best thing he could do investment. oric that the 17,000 men and women for his own reelection and for the coun- Sadly, what we have seen since the who work in EPA are the enemy of the try is stop doing things. Put a hold on new majority assumed office is that, in American people, are the enemy of the new rules and new regulations and let fact, they have been involved with a se- economy. Well, I suggest they ought to the economy recover. Let’s put people ries of initiatives that are actually cut- get acquainted with some of their con- back to work. Let’s make these power ting back on that initiative, that are stituents who work for the EPA. plants that are employing these folks reducing resources for infrastructure The SPEAKER pro tempore. The still have jobs. Let’s make sure the tax at exactly the time when America time of the gentleman has again ex- base in these small rural communities needs them the most. pired. that these power plants pay taxes to Now, I’m sorry, but this bill con- Mr. HASTINGS of Florida. I yield the still have that property tax revenue tinues an agenda that we heard articu- gentleman an additional 30 seconds. going.

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.034 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6528 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Boiler MACT is another example of in spite of all these regulations and anything. It’s about saying 15 months what we did last week, and these ef- their alleged uncertainty and every- to get it together at the EPA, to look fects on job losses are real. This an- thing having to do with it, they now at it, and let’s not kill jobs in America. nouncement was done today. Boiler are using gas-fired facilities and work- It gives 5 years, then, for those busi- MACT will affect a lot of municipal ing on trying to reduce emissions, pe- nesses that I’ve met with that are more power plants who have a contractual riod, and have no problems. The largest than willing to do their fair share to obligation with their citizens saying electricity producer in this country is keep the air that we breathe and the we will locally produce power. And so Exelon, which has no power. They water that we drink clean and pure. they are breaking contract with their come from Mr. SHIMKUS’, the gen- I live in Florida. Mr. HASTINGS lives citizens. The Cement MACT is another tleman that just spoke, territory in Il- in Florida. We depend upon clean air example of when we talk about jobs linois. That’s where they’re based, and and water in Florida just like many and infrastructure. The result of these they have no concerns with complying other States. So, Mr. Speaker, I sup- cement plants closing is that we will with these regulatory matters. port this rule and encourage my col- import cement. Now, one thing I heard about cement leagues to support it as well. The SPEAKER pro tempore. The being imported, the reason for that is Despite what President Obama and time of the gentleman has expired. the low demand. And if my Governor Vice President BIDEN would have you Mr. NUGENT. I yield the gentleman and some of these other Governors think—giving a bus tour and the Vice 30 additional seconds. would get off the dime and go about President’s being in Land O’ Lakes, Mr. SHIMKUS. I would just ask my the business, and if this Congress was Florida—speeches don’t create jobs. to go about the business of imple- friends, does that make sense that we For the President, it may be a joke to menting the infrastructure provisions are now going to import cement at say shovel-ready jobs, you know, that are offered in the Jobs Act of the higher cost from countries who aren’t weren’t as shovel ready as we thought President, then we would use more ce- complying with these rules and regula- with the first stimulus package, but ment, and we wouldn’t have to get any tions? I think not. This debate is about from anywhere as we have not in the the American people footed that bill, jobs and the economy. Now is not the past when the economy has that kind and it’s no joke to them. time to ratchet down these rules so we of demand. Mr. President and Mr. Vice President make it more difficult to create jobs, For people who believe in the Repub- need to recognize the reality that H.R. keep jobs, and grow this economy. lican anti-government, ‘‘the EPA is the 2250 and H.R. 2681 recognize that jobs Mr. HASTINGS of Florida. Mr. evildoer of the world’’ doctrine found are not created in a vacuum, that gov- Speaker, I would just remind my friend in many of these bills—and I might add ernment creates an environment in that when plants like he referenced are we will see more of this according to which job creators operate. Regula- closed, it doesn’t mean that the de- the majority leader—we are going to tions like Boiler MACT and Cement mand is not still there. And what hap- demonize EPA, those 17,000 employees. MACT do nothing to encourage indus- pens is it means that new plants are I found it ironic that someone com- try to invest in America. Instead, they being built. And guess what happens mented a minute ago that they have force employers to shut their doors, when you build new plants? You use enough staff in order to be able to do move jobs overseas or just across the steel, you use cement, and you have it, while at the same time every time border to Mexico. They force us to lose jobs. So I’m not certain that analogy we look to cut some agency, we are our manufacturing base and import ce- that he put forward holds in that case. cutting EPA, and many people in the ment from countries like China. I would tell my friend from Florida Republican Party have used as their I’m proud to play a part in rolling to know that I have no further speak- mantra the elimination of the EPA. back this type of regulation. I encour- ers at this time and I am prepared to So I don’t know that they could offer age my colleagues to join me in this ef- close. any kind of regulation on the Clean Air fort by supporting H. Res. 419 and the Mr. NUGENT. I thank my friend Act or anything else. But I offer to underlying bills, H.R. 2250 and H.R. from Florida for that. them these suggestions: If you don’t 2681. Mr. Speaker, the last Member that like regulation, don’t drive on roads; With that, I yield back the balance of spoke talked about closing coal-fired don’t fly; don’t go to national parks; my time, and I move the previous ques- electric plants. It is amazing that the don’t worry about listeria in canta- tion on the resolution. President just last month put in abey- loupe and lettuce; don’t worry about The previous question was ordered. ance an EPA rule as it related to just mercury, chrome, cadmium, and other The SPEAKER pro tempore. The that issue. He put in abeyance that toxins that pollute the air and cause question is on the resolution. rule because he said that it was going our children to have asthma. Just The question was taken; and the to cost jobs at a time when we could don’t do that. Don’t have any regula- Speaker pro tempore announced that least afford closing plants and cutting tions. Just go about your business. And the ayes appeared to have it. jobs. The President gets it, and I ap- we would then find ourselves in mass Mr. NUGENT. Mr. Speaker, on that I plaud him for doing just that. confusion with people with premature demand the yeas and nays. I reserve the balance of my time. deaths that are unnecessary. The yeas and nays were ordered. Mr. HASTINGS of Florida. Mr. We can do this. We can have a con- The SPEAKER pro tempore. Pursu- Speaker, I yield myself such time as I science and a brain and we can make ant to clause 8 of rule XX, further pro- may consume. money in this country. We’ve done it in ceedings on this question will be post- Mr. NUGENT and I are from Florida. the past; we will do it in the future. poned. I urge my colleagues to vote ‘‘no’’ on The largest supplier of energy—elec- f tricity, specifically—in Florida is a this rule and on the underlying bill, company known to him and me as and I yield back the balance of my CONTINUING APPROPRIATIONS Florida Power and Light. Mr. NUGENT time. ACT, 2012 Mr. NUGENT. Mr. Speaker, once probably does not remember that I ran Mr. ROGERS of Kentucky. Mr. again I want to thank my colleague for the Public Service Commission in Speaker, I ask unanimous consent that from Florida for his eloquent words. the State of Florida to deal with regu- It is about America getting back on all Members may have 5 legislative latory matters and to address the on- track. It is about America worrying days in which to revise and extend going concerns. And much of what we about regulations that are going to kill their remarks and include extraneous talked about at that time, in addition jobs. As I mentioned earlier, the Presi- material on H.R. 2608. to two lawsuits that I had filed in my dent is even concerned that overregula- The SPEAKER pro tempore. Is there community, was about coal-fired elec- tion by the EPA would do just that, objection to the request of the gen- tric generating plants. kill jobs when we can least afford it. tleman from Kentucky? Florida Power and Light, being an There was no objection. extremely responsible energy producer, b 1330 Mr. ROGERS of Kentucky. Mr. has taken upon itself to eliminate If you look at this act, what we’re Speaker, pursuant to the unanimous much of their coal-fired activity. And talking about doing is not eliminating consent agreement of yesterday, I call

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.037 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6529 up the bill (H.R. 2608) to provide for an gations or expenditures incurred for any project for contingency operations directly related to additional temporary extension of pro- or activity during the period for which funds or the global war on terrorism pursuant to section grams under the Small Business Act authority for such project or activity are avail- 3(c)(2) of H. Res. 5 (112th Congress) and as an and the Small Business Investment Act able under this Act. emergency requirement pursuant to section SEC. 106. Unless otherwise provided for in this 403(a) of S. Con. Res. 13 (111th Congress), the of 1958, and for other purposes, with a Act or in the applicable appropriations Act for concurrent resolution on the budget for fiscal Senate amendment to the House fiscal year 2012, appropriations and funds made year 2010, is designated by the Congress for amendment to the Senate amendment available and authority granted pursuant to Overseas Contingency Operations/Global War thereto, and have a motion at the desk. this Act shall be available until whichever of the on Terrorism pursuant to section 251(b)(2)(A) of The Clerk read the title of the bill. following first occurs: (1) the enactment into the Balanced Budget and Emergency Deficit The SPEAKER pro tempore. The law of an appropriation for any project or activ- Control Act of 1985, except that such amount Clerk will designate the Senate amend- ity provided for in this Act; (2) the enactment shall be available only if the President subse- ment to the House amendment to the into law of the applicable appropriations Act for quently so designates such amount and trans- fiscal year 2012 without any provision for such mits such designation to the Congress. Section Senate amendment. project or activity; or (3) November 18, 2011. 101(b) of this Act shall not apply to any amount The text of the Senate amendment to SEC. 107. Expenditures made pursuant to this so designated. the House amendment to the Senate Act shall be charged to the applicable appro- (b) Subsection (a) shall not apply to amounts amendment is as follows: priation, fund, or authorization whenever a bill for ‘‘Department of Justice—Federal Bureau of Senate amendment to House amendment in which such applicable appropriation, fund, Investigation—Salaries and Expenses’’. to Senate amendment: or authorization is contained is enacted into SEC. 115. During the period covered by this In lieu of the matter proposed to be in- law. Act, discretionary amounts appropriated for fis- serted by the House amendment to Senate SEC. 108. Appropriations made and funds cal year 2012 that were provided in advance by amendment, insert the following: made available by or authority granted pursu- appropriations Acts shall be available in the That the following sums are hereby appro- ant to this Act may be used without regard to amounts provided in such Acts, reduced by the priated, out of any money in the Treasury not the time limitations for submission and approval percentage in section 101(b). otherwise appropriated, and out of applicable of apportionments set forth in section 1513 of SEC. 116. Notwithstanding section 101, corporate or other revenues, receipts, and funds, title 31, United States Code, but nothing in this amounts made available by this Act for ‘‘De- for the several departments, agencies, corpora- Act may be construed to waive any other provi- partment of Defense—Operation and Mainte- tions, and other organizational units of Govern- sion of law governing the apportionment of nance—Operation and Maintenance, Air Force’’ may be used by the Secretary of Defense for op- ment for fiscal year 2012, and for other pur- funds. erations and activities of the Office of Security poses, namely: SEC. 109. Notwithstanding any other provision Cooperation in Iraq and security assistance SEC. 101. (a) Such amounts as may be nec- of this Act, except section 106, for those pro- essary, at a rate for operations as provided in grams that would otherwise have high initial teams, including life support, transportation the applicable appropriations Acts for fiscal rates of operation or complete distribution of ap- and personal security, and facilities renovation year 2011 and under the authority and condi- propriations at the beginning of fiscal year 2012 and construction: Provided, That the authority made by this section shall continue in effect tions provided in such Acts, for continuing because of distributions of funding to States, through the date specified in section 106(3) of projects or activities (including the costs of di- foreign countries, grantees, or others, such high this Act: Provided further, That section 9014 of rect loans and loan guarantees) that are not initial rates of operation or complete distribu- division A of Public Law 112–10 shall not apply otherwise specifically provided for in this Act, tion shall not be made, and no grants shall be to funds appropriated by this Act. that were conducted in fiscal year 2011, and for awarded for such programs funded by this Act SEC. 117. Notwithstanding section 101, funds which appropriations, funds, or other authority that would impinge on final funding preroga- made available in title IX of division A of Public were made available in the following appropria- tives. Law 112–10 for ‘‘Overseas Contingency Oper- SEC. 110. This Act shall be implemented so tions Acts: ations’’ shall be available at a rate for oper- that only the most limited funding action of (1) The Department of Defense Appropriations ations not to exceed the rate permitted by H.R. that permitted in the Act shall be taken in order Act, 2011 (division A of Public Law 112–10). 2219 (112th Congress) as passed by the House of (2) The Full-Year Continuing Appropriations to provide for continuation of projects and ac- Representatives on July 8, 2011. Act, 2011 (division B of Public Law 112–10). tivities. SEC. 118. The authority provided by section (b) The rate for operations provided by sub- SEC. 111. (a) For entitlements and other man- 127b of title 10, United States Code, shall con- section (a) is hereby reduced by 1.503 percent. datory payments whose budget authority was tinue in effect through the date specified in sec- EC. 102. (a) No appropriation or funds made S provided in appropriations Acts for fiscal year tion 106(3) of this Act. available or authority granted pursuant to sec- 2011, and for activities under the Food and Nu- SEC. 119. The authority provided by section tion 101 for the Department of Defense shall be trition Act of 2008, activities shall be continued 1202 of the John Warner National Defense Au- used for (1) the new production of items not at the rate to maintain program levels under thorization Act for Fiscal Year 2007 (Public Law funded for production in fiscal year 2011 or current law, under the authority and conditions 109–364; 120 Stat. 2412), as extended by section prior years; (2) the increase in production rates provided in the applicable appropriations Act 1204(b) of the Duncan Hunter National Defense above those sustained with fiscal year 2011 for fiscal year 2011, to be continued through the Authorization Act for Fiscal Year 2009 (Public funds; or (3) the initiation, resumption, or con- date specified in section 106(3). Law 110–417; 122 Stat. 4623), shall continue in tinuation of any project, activity, operation, or (b) Notwithstanding section 106, obligations effect through the date specified in section organization (defined as any project, subproject, for mandatory payments due on or about the 106(3) of this Act. activity, budget activity, program element, and first day of any month that begins after October SEC. 120. Notwithstanding section 101, subprogram within a program element, and for 2011 but not later than 30 days after the date amounts are provided for ‘‘Defense Nuclear Fa- any investment items defined as a P–1 line item specified in section 106(3) may continue to be cilities Safety Board—Salaries and Expenses’’ at in a budget activity within an appropriation ac- made, and funds shall be available for such a rate for operations of $29,130,000. count and an R–1 line item that includes a pro- payments. SEC. 121. Notwithstanding any other provision gram element and subprogram element within SEC. 112. Amounts made available under sec- of this Act, except section 106, the District of Co- an appropriation account) for which appropria- tion 101 for civilian personnel compensation and lumbia may expend local funds under the head- tions, funds, or other authority were not avail- benefits in each department and agency may be ing ‘‘District of Columbia Funds’’ for such pro- able during fiscal year 2011. apportioned up to the rate for operations nec- grams and activities under title IV of H.R. 2434 (b) No appropriation or funds made available essary to avoid furloughs within such depart- (112th Congress), as reported by the Committee or authority granted pursuant to section 101 for ment or agency, consistent with the applicable on Appropriations of the House of Representa- the Department of Defense shall be used to ini- appropriations Act for fiscal year 2011, except tives, at the rate set forth under ‘‘District of Co- tiate multi-year procurements utilizing advance that such authority provided under this section lumbia Funds—Summary of Expenses’’ as in- procurement funding for economic order quan- shall not be used until after the department or cluded in the Fiscal Year 2012 Budget Request tity procurement unless specifically appro- agency has taken all necessary actions to re- Act of 2011 (D.C. Act 19–92), as modified as of priated later. duce or defer non-personnel-related administra- the date of the enactment of this Act. SEC. 103. Appropriations made by section 101 tive expenses. SEC. 122. Notwithstanding section 101, shall be available to the extent and in the man- SEC. 113. Funds appropriated by this Act may amounts are provided for the necessary expenses ner that would be provided by the pertinent ap- be obligated and expended notwithstanding sec- of the Recovery Accountability and Trans- propriations Act. tion 10 of Public Law 91–672 (22 U.S.C. 2412), parency Board, to carry out its functions under SEC. 104. Except as otherwise provided in sec- section 15 of the State Department Basic Au- title XV of division A of the American Recovery tion 102, no appropriation or funds made avail- thorities Act of 1956 (22 U.S.C. 2680), section 313 and Reinvestment Act of 2009 (Public Law 111– able or authority granted pursuant to section of the Foreign Relations Authorization Act, Fis- 5), at a rate for operations of $28,350,000. 101 shall be used to initiate or resume any cal Years 1994 and 1995 (22 U.S.C. 6212), and SEC. 123. (a) Section 9(m) of the Small Busi- project or activity for which appropriations, section 504(a)(1) of the National Security Act of ness Act (15 U.S.C. 638(m)) shall be applied by funds, or other authority were not available 1947 (50 U.S.C. 414(a)(1)). substituting the date specified in section 106(3) during fiscal year 2011. SEC. 114. (a) Except as provided in subsection of this Act for ‘‘September 30, 2011’’. SEC. 105. Appropriations made and authority (b), each amount incorporated by reference in (b) Notwithstanding section 9(n)(1)(A) of the granted pursuant to this Act shall cover all obli- this Act that was previously designated as being Small Business Act (15 U.S.C. 638(n)(1)(A)), the

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\K04OC7.040 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6530 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Small Business Technology Transfer Program SEC. 130. Sections 1309(a) and 1319 of the Na- ing minority member of the Committee shall continue in effect through the date speci- tional Flood Insurance Act of 1968 (42 U.S.C. on Appropriations. fied in section 106(3) of this Act. 4016(a) and 4026) shall be applied by sub- The gentleman from Kentucky (Mr. (c) Notwithstanding section 9(y)(6) of the stituting the date specified in section 106(3) of ROGERS) and the gentleman from Wash- Small Business Act (15 U.S.C. 638(y)(6)), the this Act for ‘‘September 30, 2011’’. ington (Mr. DICKS) each will control 30 pilot program under section 9(y) of such Act SEC. 131. Section 330 of the Department of the shall continue in effect through the date speci- Interior and Related Agencies Appropriations minutes. fied in section 106(3) of this Act. Act, 2001 (42 U.S.C. 1701 note), concerning Serv- The Chair recognizes the gentleman SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, ice First authorities, shall continue in effect from Kentucky. United States Code, is amended by striking through the date specified in section 106(3) of Mr. ROGERS of Kentucky. I yield ‘‘September 30, 2011’’ and inserting the date this Act. myself such time as I may consume. specified in section 106(3) of this Act. SEC. 132. Notwithstanding section 101, section Mr. Speaker, I rise today to bring to SEC. 125. (a) Notwithstanding section 101, 1807 of Public Law 112–10 shall be applied by the floor the continuing appropriations amounts are provided for ‘‘Department of Home- substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ resolutions to keep the Federal Gov- land Security—Federal Emergency Management and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. ernment operating until November 18, Agency—Disaster Relief’’ at a rate for oper- SEC. 133. The second proviso of section 2011, and to continue support for dis- ations of $2,650,000,000: Provided, That the Sec- 1801(a)(3) of Public Law 112–10 is amended by retary of Homeland Security shall provide a full striking ‘‘appropriation under this subpara- aster relief projects. accounting of disaster relief funding require- graph’’ and inserting ‘‘appropriations made This version of the bill—which is vir- ments for such account for fiscal year 2012 not available by this Act’’. tually identical to the one the House later than 15 days after the date of the enact- SEC. 134. Notwithstanding section 101, voted on last week—funds the govern- ment of this Act, and for fiscal year 2013 in con- amounts are provided for ‘‘Federal Mine Safety ment at a rate of $1.043 trillion and junction with the submission of the President’s and Health Review Commission—Salaries and provides $2.65 billion in fiscal year 2012 budget request for fiscal year 2013. Expenses’’ at a rate for operations of funding for the Federal Emergency (b) The accounting described in subsection (a) $14,510,000. Management Agency and other disaster for each fiscal year shall include estimates of SEC. 135. Sections 399AA(e), 399BB(g), and aid programs. However, this bill no the following amounts: 399CC(f) of the Public Health Service Act (42 (1) The unobligated balance of funds in such U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- longer includes $1 billion in emergency account that has been (or will be) carried over plied by substituting the date specified in sec- fiscal year 2011 funding for FEMA and to such fiscal year from prior fiscal years. tion 106(3) of this Act for ‘‘September 30, 2011’’. the Corps of Engineers nor the offset (2) The unobligated balance of funds in such SEC. 136. Notwithstanding section 101, section for those funds. The Senate dropped account that will be carried over from such fis- 2005 of division B of Public Law 112–10 shall be these provisions after the White House cal year to the subsequent fiscal year. applied by substituting ‘‘$0’’ for each dollar and FEMA suddenly—and, I might add, (3) The amount of the rolling average of non- amount. mysteriously—announced that these catastrophic disasters, and the specific data SEC. 137. The Export-Import Bank Act of 1945 funds were no longer necessary. While used to calculate such rolling average, for such (12 U.S.C. 635 et seq.) shall be applied by sub- fiscal year. stituting the date specified in section 106(3) of in the short term FEMA says it can get (4) The amount that will be obligated each this Act for ‘‘September 30, 2011’’ in section 7 of by without the additional emergency month for catastrophic events, delineated by such Act. funding, it’s clear that the agency will event and State, and the total remaining fund- SEC. 138. Section 209 of the International Reli- soon need additional money to con- ing that will be required after such fiscal year gious Freedom Act of 1998 (22 U.S.C. 6436) shall tinue ongoing relief and recovery ef- for each such catastrophic event for each State. be applied by substituting the date specified in forts from recent devastating natural (5) The amount of previously obligated funds section 106(3) of this Act for ‘‘September 30, disasters. that will be recovered each month of such fiscal 2011’’. I’m disappointed, Mr. Speaker, that year. SEC. 139. Commitments to guarantee loans in- the agency has apparently been playing (6) The amount that will be required in such curred under the General and Special Risk In- fiscal year for emergencies, as defined in section surance Funds, as authorized by sections 238 games with the numbers, and my com- 102(1) of the Robert T. Stafford Disaster Relief and 519 of the National Housing Act (12 U.S.C. mittee is closely examining why and Emergency Assistance Act (42 U.S.C. 1715z–3 and 1735c), shall not exceed a rate for FEMA’s estimates changed at the 11th 5122(1)). operations of $25,000,000,000: Provided, That hour. The committee also remains (7) The amount that will be required in such total loan principal, any part of which is to be committed to providing the proper fiscal year for major disasters, as defined in sec- guaranteed, may be apportioned through the amount of emergency assistance that tion 102(2) of the Robert T. Stafford Disaster Re- date specified in section 106(3) of this Act, at families and communities across the lief and Emergency Assistance Act (42 U.S.C. $80,000,000 multiplied by the number of days country rely upon. 5122(2)). covered in this Act. (8) The amount that will be required in such Mr. Speaker, we have now entered SEC. 140. (a) RENEWAL OF IMPORT RESTRIC- into the new fiscal year, and we need to fiscal year for fire management assistance TIONS UNDER BURMESE FREEDOM AND DEMOC- grants, as defined in section 420 of the Robert T. RACY ACT OF 2003.— keep the doors of the government open Stafford Disaster Relief and Emergency Assist- (1) IN GENERAL.—Congress approves the re- to the American people who rely on its ance Act (42 U.S.C. 5187). newal of the import restrictions contained in programs and its services. We simply SEC. 126. Any funds made available pursuant section 3(a)(1) and section 3A (b)(1) and (c)(1) of must not leave our citizens in the to section 101 for the Department of Homeland the Burmese Freedom and Democracy Act of lurch, particularly as thousands of Security may be obligated at a rate for oper- 2003. American families and communities ations necessary to sustain essential security ac- (2) RULE OF CONSTRUCTION.—This section tivities, such as: staffing levels of operational continue to rebuild following dev- shall be deemed to be a ‘‘renewal resolution’’ for astating natural disasters across the personnel; immigration enforcement and re- purposes of section 9 of the Burmese Freedom moval functions, including sustaining not less and Democracy Act of 2003. country. than necessary detention bed capacity; and (b) EFFECTIVE DATE.—This section shall take Furthermore, our economy can’t United States Secret Service protective activities, effect on July 26, 2011. handle the instability that comes from including protective activities necessary to se- (c) APPLICABILITY.—This section shall not be the threat of a government shutdown. cure National Special Security Events. The Sec- subject to any other provision of this Act. This bill supports vital government op- retary of Homeland Security shall notify the This Act may be cited as the ‘‘Continuing Ap- erations but still saves the American Committees on Appropriations of the House of propriations Act, 2012’’. taxpayers billions of dollars by main- Representatives and the Senate on each use of MOTION TO CONCUR taining the overall funding level agreed the authority provided in this section. SEC. 127. The authority provided by section The SPEAKER pro tempore. The to in the recently enacted Budget Con- 532 of Public Law 109–295 shall continue in ef- Clerk will report the motion. trol Act. We are committed to reining fect through the date specified in section 106(3) The Clerk read as follows: in spending at every step, and this re- of this Act. Mr. Rogers of Kentucky moves that the duced funding rate will help our Nation SEC. 128. The authority provided by section House concur in the Senate amendment to return to more sound fiscal footing. 831 of the Homeland Security Act of 2002 (6 the House amendment to the Senate amend- In addition, this legislation gives U.S.C. 391) shall continue in effect through the ment to H.R. 2608. both the House and the Senate more date specified in section 106(3) of this Act. The SPEAKER pro tempore. Pursu- time to finish our work on the fiscal SEC. 129. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (6 ant to the order of the House of Mon- year 2012 appropriations bills, legisla- U.S.C. 121 note) shall be applied by substituting day, October 3, 2011, the motion shall tion that will continue the trend of re- the date specified in section 106(3) of this Act for be debatable for 1 hour, equally divided ducing Federal spending to more re- ‘‘October 4, 2011’’. and controlled by the chair and rank- sponsible and sustainable levels.

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.012 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6531 The House has made great progress The SPEAKER pro tempore. All time [Roll No. 745] on this year’s appropriations bills, and for debate has expired. YEAS—352 I intend to wrap up this work as quick- Pursuant to the order of the House of Ackerman Dreier Long ly as possible to provide for the eco- Monday, October 3, 2011, the previous Adams Duffy Lowey nomic and fiscal security of our Nation question is ordered. Akin Edwards Lucas and the needs of the American public. The question is on the motion by the Alexander Ellmers Luetkemeyer ´ I urge my colleagues to support the gentleman from Kentucky (Mr. ROG- Altmire Emerson Lujan bill, and I reserve the balance of my Amodei Engel Lungren, Daniel ERS). Andrews Eshoo E. time. The question was taken; and the Baca Farenthold Lynch Mr. DICKS. I yield myself such time Speaker pro tempore announced that Bachus Farr Maloney as I may consume. the ayes appeared to have it. Baldwin Fattah Manzullo Barletta Filner Marchant Mr. Speaker, the CR before us runs Mr. ROGERS of Kentucky. Mr. through November 18. The CR con- Barrow Fincher Marino Speaker, on that I demand the yeas Bartlett Fitzpatrick Markey tinues funding at last year’s level and nays. Bass (CA) Fleischmann Matheson minus 1.053 percent to ensure that Bass (NH) Flores Matsui The yeas and nays were ordered. Becerra Forbes McCarthy (CA) spending is limited to $1.043 trillion, The SPEAKER pro tempore. Pursu- the amount agreed to in the Budget Benishek Fortenberry McCarthy (NY) ant to clause 8 of rule XX, further pro- Berg Foxx McCaul Control Act. ceedings on this question will be post- Berkley Frank (MA) McCollum Democrats voted ‘‘no’’ previously for Berman Frelinghuysen McCotter poned. two reasons: We strongly oppose taking Biggert Fudge McDermott Bilbray Gallegly McGovern funding from the Advanced Technology f Bilirakis Garamendi McHenry Vehicle Manufacturing program. This Bishop (GA) Garrett McIntyre is a program that has proven to be a RECESS Bishop (NY) Gerlach McKeon success in creating jobs. The Depart- Bishop (UT) Gibbs McKinley The SPEAKER pro tempore. Pursu- Black Gibson McMorris ment of Energy estimates the loan ant to clause 12(a) of rule I, the Chair Blackburn Gonzalez Rodgers guarantees have created or maintained declares the House in recess for a pe- Blumenauer Goodlatte McNerney 39,000 jobs in California, Delaware, Illi- Bonner Gosar Meehan riod of less than 15 minutes. Bono Mack Granger Meeks nois, Indiana, Kentucky, Ohio, Michi- Accordingly (at 1 o’clock and 42 min- Boren Graves (MO) Mica gan, Missouri, and Tennessee. The utes p.m.), the House stood in recess Boswell Green, Al Michaud pending applications will help create subject to the call of the Chair. Boustany Green, Gene Miller (FL) more jobs. The money received by the Brady (PA) Griffin (AR) Miller (MI) f Brady (TX) Griffith (VA) Miller (NC) companies is paid back to the govern- Braley (IA) Grijalva Miller, Gary ment with interest. We also strongly Brown (FL) Grimm Miller, George oppose the notion that efforts to help b 1345 Buchanan Guinta Moore Americans rebuild their lives after Bucshon Guthrie Moran AFTER RECESS Buerkle Gutierrez Murphy (CT) floods, hurricanes, wildfires, and other Butterfield Hahn Murphy (PA) natural disasters should be put on hold The recess having expired, the House Calvert Hall Myrick until Congress can agree on offsetting was called to order by the Speaker pro Camp Hanabusa Neal tempore (Mr. BASS of New Hampshire) Campbell Hanna Noem reductions in spending. Canseco Harper Nugent FY12 has begun, so there is no need at 1 o’clock and 45 minutes p.m. Cantor Hartzler Nunes for FY11 disaster relief funding in the Capito Hastings (FL) Nunnelee f CR. In earlier versions, House Repub- Capps Hastings (WA) Olson Cardoza Hayworth Olver licans had insisted on offsetting FY11 ANNOUNCEMENT BY THE SPEAKER Carnahan Heck Owens disaster relief funding. The CR under PRO TEMPORE Carney Heinrich Palazzo consideration today no longer cuts Carson (IN) Hensarling Pallone The SPEAKER pro tempore. Pursu- Carter Herger Pascrell funding for ATVM and does not require ant to clause 8 of rule XX, proceedings Cassidy Herrera Beutler Pastor (AZ) an offset. will resume on questions previously Castor (FL) Higgins Paulsen I urge a ‘‘yes’’ vote, and I yield back Chabot Himes Payne the balance of my time. postponed. Chaffetz Hinchey Pelosi Mr. ROGERS of Kentucky. I yield Votes will be taken in the following Chandler Hirono Perlmutter order: the motion to concur with re- Chu Hochul Peters back the balance of my time. Cicilline Holden Peterson Mr. PETERS. Mr. Speaker, I rise today to gard to H.R. 2608, and adoption of Clarke (MI) Holt Petri thank my Democratic colleagues for standing House Resolution 419. Clarke (NY) Honda Pitts The first electronic vote will be con- Clay Hoyer Platts with me to protect a program that has created Cleaver Hunter Price (GA) or saved over 41,000 auto jobs. ducted as a 15-minute vote. The second Coble Hurt Price (NC) At one point during this debate, many vote in this series will be conducted as Cohen Inslee Quigley thought that the Republicans would be suc- a 5-minute vote. Cole Israel Rahall cessful in cutting $1.5 billion from a program Conaway Issa Rangel f Connolly (VA) Jackson (IL) Rehberg that literally moved production of the Ford Cooper Jackson Lee Reichert Focus from Mexico to Michigan creating thou- CONTINUING APPROPRIATIONS Costa (TX) Renacci Courtney Johnson (GA) Reyes sands of badly needed manufacturing jobs. ACT, 2012 But we proved them wrong. We proved that Cravaack Johnson (OH) Ribble The SPEAKER pro tempore. The un- Crawford Johnson, Sam Richardson a united Democratic Caucus can stand up and Crenshaw Kaptur Richmond win when we’re working to save jobs. finished business is the question on Critz Keating Rigell By uniting, we showed Speaker BOEHNER adoption of the motion to concur in the Crowley Kelly Rivera Senate amendment to the House Cuellar Kildee Roby that Democrats in the House would not stand Culberson Kind Roe (TN) by and accept a plan to kill tens of thousands amendment to the Senate amendment Cummings King (NY) Rogers (KY) of jobs. to the bill (H.R. 2608) to provide for an Davis (CA) Kinzinger (IL) Rogers (MI) Today marks a victory for working Ameri- additional temporary extension of pro- Davis (IL) Kissell Rohrabacher grams under the Small Business Act Davis (KY) Kline Rokita cans, but we must never let our guard down. DeFazio Lance Rooney As long as Republicans continue to put Tea and the Small Business Investment Act DeGette Langevin Ros-Lehtinen Party Special Interests and corporate of 1958, and for other purposes, on DeLauro Lankford Roskam outsourcers before American jobs, the fight which the yeas and nays were ordered. Denham Larsen (WA) Ross (AR) Dent Latham Ross (FL) will continue. The Clerk read the title of the bill. Deutch LaTourette Rothman (NJ) I hope that our friends on the other side of The SPEAKER pro tempore. The Diaz-Balart Latta Roybal-Allard the aisle will take this opportunity to end their question is on the motion to concur. Dicks Levin Royce war on jobs and the American Middle Class The vote was taken by electronic de- Dingell Lewis (CA) Runyan Doggett Lipinski Ruppersberger but if they do not, we will unite and fight back vice, and there were—yeas 352, nays 66, Donnelly (IN) LoBiondo Rush once again. not voting 15, as follows: Doyle Loebsack Ryan (WI)

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.042 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6532 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Sa´ nchez, Linda Simpson Upton Mr. LARSON of Connecticut. Mr. Speaker, I Kline Nunnelee Schock ´ T. Sires Velazquez was unfortunately unable to cast a vote on Labrador Olson Schrader Sanchez, Loretta Smith (NE) Visclosky Lamborn Palazzo Schweikert Sarbanes Smith (NJ) Walberg rollcall 745 on the afternoon of Tuesday, Octo- Lance Paul Scott (SC) Scalise Smith (TX) Walden ber 4, 2011. Had I been able to vote on H.R. Landry Paulsen Scott, Austin Schakowsky Smith (WA) Walz (MN) 2608, I would have voted ‘‘yea’’ on its pas- Lankford Pearce Sensenbrenner Schiff Speier Wasserman Latham Pence sage. Sessions Schilling Stark Schultz LaTourette Perlmutter Shimkus Schmidt Stivers Waters Latta Peterson Shuster Schock Sullivan Watt f Lewis (CA) Petri Simpson Schrader Sutton Waxman Lewis (GA) Pitts Smith (NE) Schwartz Terry Webster PROVIDING FOR CONSIDERATION LoBiondo Platts Scott (VA) Thompson (CA) Welch OF H.R. 2681, CEMENT SECTOR Long Poe (TX) Smith (NJ) Smith (TX) Scott, Austin Thompson (MS) West REGULATORY RELIEF ACT OF Lucas Pompeo Scott, David Thompson (PA) Whitfield Luetkemeyer Posey Southerland Sensenbrenner Thornberry Wittman 2011; AND PROVIDING FOR CON- Lungren, Daniel Price (GA) Stearns Serrano Tiberi Wolf SIDERATION OF H.R. 2250, EPA E. Quayle Stivers Sessions Tierney Womack REGULATORY RELIEF ACT OF Mack Rahall Stutzman Sewell Tonko Woodall 2011 Manzullo Reed Sullivan Sherman Towns Yarmuth Marchant Rehberg Terry Shimkus Tsongas Young (AK) The SPEAKER pro tempore. The un- Marino Reichert Thompson (PA) Shuler Turner (NY) Young (FL) finished business is the vote on adop- Matheson Renacci Thornberry Shuster Turner (OH) Young (IN) McCarthy (CA) Ribble Tiberi tion of the resolution (H. Res. 419) pro- McCaul Richardson NAYS—66 Tipton viding for consideration of the bill McClintock Rigell Turner (NY) Aderholt Gowdy Napolitano (H.R. 2681) to provide additional time McCotter Rivera Turner (OH) Amash Graves (GA) Neugebauer for the Administrator of the Environ- McHenry Roby Upton Austria Harris Paul McKeon Roe (TN) Walberg Barton (TX) Huelskamp Pearce mental Protection Agency to issue McKinley Rogers (AL) Walden McMorris Rogers (KY) Brooks Huizenga (MI) Pingree (ME) achievable standards for cement manu- Walsh (IL) Broun (GA) Hultgren Poe (TX) Rodgers Rogers (MI) facturing facilities, and for other pur- Webster Burgess Jenkins Pompeo Meehan Rohrabacher West Burton (IN) Johnson (IL) Posey poses, and providing for consideration Mica Rokita Westmoreland Capuano Jones Quayle of the bill (H.R. 2250) to provide addi- Michaud Rooney Whitfield Clyburn Jordan Reed tional time for the Administrator of Miller (FL) Ros-Lehtinen Coffman (CO) King (IA) Ryan (OH) Miller (MI) Roskam Wilson (SC) Conyers Kucinich Schweikert the Environmental Protection Agency Miller, Gary Ross (AR) Wittman DesJarlais Labrador Scott (SC) to issue achievable standards for indus- Mulvaney Ross (FL) Wolf Duncan (SC) Lamborn Southerland trial, commercial, and institutional Murphy (PA) Royce Womack Woodall Duncan (TN) Landry Stearns boilers, process heaters, and inciner- Myrick Runyan Ellison Lee (CA) Stutzman Neugebauer Ryan (WI) Yoder Flake Lewis (GA) Tipton ators, and for other purposes, on which Noem Scalise Young (AK) Fleming Lofgren, Zoe Walsh (IL) the yeas and nays were ordered. Nugent Schilling Young (FL) Franks (AZ) Mack Westmoreland The Clerk read the title of the resolu- Nunes Schmidt Young (IN) Gardner McClintock Wilson (SC) Gingrey (GA) Mulvaney Woolsey tion. NAYS—165 Gohmert Nadler Yoder The SPEAKER pro tempore. The Ackerman Frank (MA) Moore NOT VOTING—15 question is on the resolution. Baca Fudge Moran This will be a 5-minute vote. Baldwin Garamendi Murphy (CT) Bachmann Johnson, E. B. Polis Barrow Gonzalez Nadler Costello Kingston Rogers (AL) The vote was taken by electronic de- Becerra Green, Al Napolitano Dold Larson (CT) Slaughter vice, and there were—yeas 257, nays Berkley Grijalva Neal Giffords Lummis Van Hollen 165, not voting 11, as follows: Berman Gutierrez Olver Hinojosa Pence Wilson (FL) [Roll No. 746] Bishop (NY) Hahn Owens b 1409 Blumenauer Hanabusa Pallone YEAS—257 Boswell Hastings (FL) Pascrell Messrs. SCHWEIKERT, LEWIS of Adams Chabot Gingrey (GA) Brady (PA) Heinrich Pastor (AZ) Georgia, COFFMAN of Colorado, Aderholt Chaffetz Gohmert Braley (IA) Higgins Payne FLAKE, POSEY, and JONES changed Akin Coble Goodlatte Brown (FL) Himes Pelosi Alexander Coffman (CO) Gosar Butterfield Hinchey Peters their vote from ‘‘yea’’ to ‘‘nay.’’ Altmire Cole Gowdy Capps Hinojosa Pingree (ME) Ms. CASTOR of Florida and Messrs. Amash Conaway Granger Capuano Hirono Price (NC) ACKERMAN and ROSKAM changed Amodei Costa Graves (GA) Cardoza Hochul Quigley Austria Cravaack Graves (MO) Carnahan Holt Rangel their vote from ‘‘nay’’ to ‘‘yea.’’ Bachus Crawford Green, Gene Carson (IN) Honda Reyes So the motion to concur was agreed Barletta Crenshaw Griffin (AR) Castor (FL) Hoyer Richmond to. Bartlett Critz Griffith (VA) Chandler Inslee Rothman (NJ) The result of the vote was announced Barton (TX) Culberson Grimm Chu Israel Roybal-Allard Bass (NH) Davis (KY) Guinta Cicilline Jackson (IL) Ruppersberger as above recorded. Benishek Denham Guthrie Clarke (MI) Jackson Lee Rush A motion to reconsider was laid on Berg Dent Hall Clarke (NY) (TX) Ryan (OH) the table. Biggert DesJarlais Hanna Clay Johnson (GA) Sa´ nchez, Linda Stated for: Bilbray Diaz-Balart Harper Cleaver Kaptur T. Bilirakis Dold Harris Clyburn Keating Sanchez, Loretta Mr. DOLD. Mr. Speaker, on rollcall No. 745 Bishop (GA) Donnelly (IN) Hartzler Cohen Kildee Sarbanes I was unavoidably detained. Had I been Bishop (UT) Dreier Hastings (WA) Connolly (VA) Kind Schakowsky present, I would have voted ‘‘yea.’’ Black Duffy Hayworth Conyers Kucinich Schiff Blackburn Duncan (SC) Heck Cooper Langevin Schwartz Mr. ROGERS of Alabama. Mr. Speaker, on Bonner Duncan (TN) Hensarling Courtney Larsen (WA) Scott (VA) rollcall No. 745 I was entering the House Bono Mack Ellmers Herger Crowley Larson (CT) Scott, David Chamber when the vote was closed. Had I Boren Emerson Herrera Beutler Cuellar Lee (CA) Serrano been able to cast my vote it would have been Boustany Farenthold Holden Cummings Levin Sewell Brady (TX) Fincher Huelskamp Davis (CA) Lipinski Sherman a ‘‘yea’’ vote. Brooks Fitzpatrick Huizenga (MI) Davis (IL) Loebsack Shuler Mr. HINOJOSA. Mr. Speaker, on rollcall No. Broun (GA) Flake Hultgren DeFazio Lofgren, Zoe Sires 745, had I been present, I would have voted Buchanan Fleischmann Hunter DeGette Lowey Slaughter Bucshon Fleming Hurt DeLauro Luja´ n Smith (WA) ‘‘yea.’’ Buerkle Flores Issa Deutch Maloney Speier Ms. SLAUGHTER. Mr. Speaker, on rollcall Burgess Forbes Jenkins Dicks Markey Stark No. 745, had I been present, I would have Burton (IN) Fortenberry Johnson (IL) Dingell Matsui Sutton voted ‘‘yea.’’ Calvert Foxx Johnson (OH) Doggett McCarthy (NY) Thompson (CA) Camp Franks (AZ) Johnson, Sam Doyle McCollum Thompson (MS) Mr. ADERHOLT. Mr. Speaker, earlier today Campbell Frelinghuysen Jones Edwards McDermott Tierney during rollcall vote No. 745, the Motion To Canseco Gallegly Jordan Ellison McGovern Tonko Concur in the Senate Amendment to H.R. Cantor Gardner Kelly Engel McIntyre Towns 2608—Continuing Appropriations Act, 2012, I Capito Garrett King (IA) Eshoo McNerney Tsongas Carney Gerlach King (NY) Farr Meeks Van Hollen was inadvertently recorded as a ‘‘nay’’ when I Carter Gibbs Kinzinger (IL) Fattah Miller (NC) Vela´ zquez intended to vote ‘‘yea.’’ Cassidy Gibson Kissell Filner Miller, George Visclosky

VerDate Mar 15 2010 01:44 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.018 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6533 Walz (MN) Waters Welch lowing standing committees of the House of woman from District 36 of California to Wasserman Watt Woolsey Representatives: Schultz Waxman Yarmuth share with us what she has heard. And COMMITTEE ON FOREIGN AFFAIRS—Mr. Tur- I would like to say that the gentle- NOT VOTING—11 ner of New York. woman from District 36 of California is COMMITTEE ON HOMELAND SECURITY—Mr. Andrews Giffords Lynch the most recent addition to what was Bachmann Johnson, E. B. Polis Turner of New York. Bass (CA) Kingston Wilson (FL) COMMITTEE ON THE JUDICIARY—Mr. Amodei. originally the noble nine, but we are Costello Lummis COMMITTEE ON VETERANS’ AFFAIRS—Mr. now the exquisite 11. I yield to the gentlewoman. b 1417 Amodei and Mr. Turner of New York. The resolution was agreed to. Ms. HAHN. Mr. Speaker, I rise today Ms. LORETTA SANCHEZ of Cali- to bring a perspective as a brand new fornia changed her vote from ‘‘yea’’ to A motion to reconsider was laid on the table. Member of Congress. Last week while I ‘‘nay.’’ was in my district, I met with over 50 So the resolution was agreed to. f businesses who wanted to talk to me The result of the vote was announced b 1420 about what they felt Congress was ei- as above recorded. ther doing or not doing. I met with A motion to reconsider was laid on JOBS, JOBS, JOBS them not to talk to them, but I met the table. (Ms. BERKLEY asked and was given with them to listen to them. And I met f permission to address the House for 1 with very small businesses, some that COMMUNICATION FROM THE minute.) had two employees, to some other busi- CLERK OF THE HOUSE Ms. BERKLEY. Mr. Speaker, I rise nesses who were considered small but today to talk about an issue that The SPEAKER pro tempore laid be- had many more employees. should be the top priority for every fore the House the following commu- What they told me was this: These Member of the House and Senate: jobs, nication from the Clerk of the House of are tough times. They’re having a jobs, jobs. Representatives: tough time with our economy, but they Unfortunately, too many of my col- still want to grow and they still want OFFICE OF THE CLERK, leagues here in Washington just don’t to hire people. We know that our small HOUSE OF REPRESENTATIVES, get it. Yesterday, the Senate coura- Washington, DC, October 4, 2011. businesses in this country are the Hon. JOHN A. BOEHNER, geously voted to stand up to the Chi- backbone of this economy. We know The Speaker, U.S. Capitol, nese Government on behalf of the that they are the ones that will be hir- Washington, DC. working families in Nevada and across ing people. They are the ones that will DEAR MR. SPEAKER: Pursuant to the per- the country. The Senate said no to Chi- be getting this economy back up and mission granted in Clause 2(h) of Rule II of na’s unfair currency manipulation that running. They’re going to be part of the Rules of the U.S. House of Representa- has cost our Nation nearly 3 million this great recovery, but they need help tives, the Clerk received the following mes- jobs in the last 10 years, including over sage from the Secretary of the Senate on Oc- from the Federal Government. tober 4, 2011 at 11:50 a.m.: 14,000 in Nevada. However, 19 U.S. Sen- I asked them: What is it that you That the Senate passed without amend- ators voted to protect China’s interests need? What is it that will keep you in ment H. Con. Res. 83. instead of the interests of the workers business? What is it that helps you to With best wishes I am, of the State of Nevada. grow and to hire people? Sincerely, I have one thing to say to those Sen- There was a common theme, and KAREN L. HAAS. ators: Shame on you. Now is not the they told me it was their access to cap- f time to cower to the bullying tactics of ital which was part of the problem they RESIGNATION AS MEMBER OF the Chinese. We need leadership. We have. They believed that our small COMMITTEE ON HOMELAND SE- need to be creating jobs here in the business loans took a small mountain CURITY United States of America, not in of paperwork to apply for. They felt The SPEAKER pro tempore laid be- China. like the requirements for these loans fore the House the following resigna- From voting to kill Medicare by were so burdensome that they were not tion as a member of the Committee on turning it over to private insurance able to access capital. And they said, if Homeland Security: companies to bowing to Chinese bul- they could access this capital, they lying tactics, the American people would grow. They would hire. And even CONGRESS OF THE UNITED STATES, should start asking themselves: When HOUSE OF REPRESENTATIVES. in tough times, this is the American Hon. JOHN BOEHNER, will Washington Republicans start Dream. This is the American spirit. Speaker of the House of Representatives. making job creation their top priority? They wondered, frankly, why Congress MR. SPEAKER: To provide a committee as- I know it is mine. had worked so hard to bail out the bil- signment opening for newly elected Con- f lionaires on Wall Street; and they won- gressman Bob Turner, I hereby resign my as- dered what was Congress doing to bail signment on the Homeland Security Com- ISSUES FACING AMERICANS out the man and woman on Main mittee. The SPEAKER pro tempore (Mr. Sincerely, Street that works so hard every day. SOUTHERLAND). Under the Speaker’s MO BROOKS, So I told them I wanted to stay in Member of Congress. announced policy of January 5, 2011, touch with them and I would urge my The SPEAKER pro tempore. Without the gentlewoman from Hawaii (Ms. colleagues to do something else that objection, the resignation is accepted. HANABUSA) is recognized for 60 minutes they wanted, and that was to pass the There was no objection. as the designee of the minority leader. President’s Jobs Act. They love parts Ms. HANABUSA. Mr. Speaker, there of this Jobs Act. They loved the fact f are now about 11 of us who are consid- that there is a tax credit there if they ELECTING CERTAIN MEMBERS TO ered freshmen to the Democratic side, hired someone who had been unem- CERTAIN STANDING COMMIT- and we are here today to share with ev- ployed for 6 months or longer. TEES OF THE HOUSE OF REP- eryone what we have learned. We hope, They loved the idea that in this jobs RESENTATIVES because we are freshmen, that we bring bill there was a tax credit for hiring Mr. BRADY of Texas. Mr. Speaker, a different perspective on matters, that our returning veterans. They liked the by direction of the House Republican everyone might be able to see it from fact that we even went further and said Conference, I send to the desk a privi- our eyes. And for that reason, we would there would be a larger, I think it is a leged resolution and ask for its imme- like to share what we’ve learned in this $9,000 tax credit if you hire a veteran diate consideration. last district work week and talking to who’s been wounded, because we know The Clerk read the resolution, as fol- our constituents about jobs, small when our veterans come home that lows: business problems, and issues that face they have a very difficult time reen- H. RES. 420 all of us. tering society. They have a difficult Resolved, That the following named Mem- With that, Mr. Speaker, I would like time, frankly, reentering their fami- bers be, and are hereby, elected to the fol- to begin first by asking the gentle- lies. They have a hard time relating

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.019 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6534 CONGRESSIONAL RECORD — HOUSE October 4, 2011 again to their husbands, to their wives, those homes and people who have jobs understand what their respective needs to their communities. This jobs bill ac- can buy those homes, that we need to are, because if we fail to do that, if we tually speaks to the plight of the vet- look at the total picture. And that’s fail to look at that, we are not going to eran. The woman veteran, by the way, what we’re referring to. be able to address this crisis. has one of the highest unemployment So when we talk to our constituents So as tempting as it is for all of us to rates in the country. and we report back to other Members ignore, ignore what it is that we are So colleagues, I think we should con- of Congress, we have to be very clear as looking to or speaking to, and when we tinue to fight for small businesses in to what we are hearing. vote on these bills that are before us, we have to understand that simply be- this country. Let’s give them what b 1430 they need. Let’s remove the barriers cause one segment of a business com- that are keeping them from growing They don’t talk to us in general munity says it’s good, it doesn’t mean and keeping them from hiring and sound bites to get on the 6 o’clock that it’s good for everyone. And that is keeping them from being the catalyst news. What they talk to us about is to what makes the challenge of what we to getting this economy back on track. say, you know, in our specific industry, respectively do. Ms. HANABUSA. I thank the gentle- we have this problem, and what can So back to construction. We said woman very much. you do to help us on this particular there are those who build homes, for Mr. Speaker, my colleagues will be problem? They want to know, even to example. There are also those who coming in as they return from their re- the point of saying, will, for example, build commercial buildings, and they spective offices, but I’d like to share credit unions be able to issue different have a different challenge, because part of what I found when I was in dis- kinds of loans? We think of banks, we their financing is also tied to how trict this past week. think of loans, but how many of us healthy the economy is. It’s also tied You know, I think the problem we all have stopped to listen to our constitu- to the financial institutions and have is we are all creatures of the encies and said, hey, why are you inter- whether the financial institutions are media, so we tend to think in 30-second ested in what credit unions are allowed out there lending the money, and sound bites. And I’m sure we all got to do? Because to them, especially that’s all going to be tied to the whole trained by the best of them: When you those who are in smaller businesses, issue of whether or not the economy is run for office, keep it short, and you that is their lifeline. So they want to healthy. Many of those who build tell everybody what they want to hear be sure that they can affect them and ‘‘commercial buildings,’’ for example, so they can pick it up on the 6 o’clock they can help them. So they want to they too are small businesses. news. know what we are doing in that proc- In addition to that, you have those You know, Mr. Speaker, when we do ess. major construction companies that do that, we fail to recognize that people And so when we talk to our constitu- major infrastructure. And if you’re are not covered by one broad brush. encies and we listen to them, we must going to talk about being able to get The gentlewoman from California, Dis- understand that they are not simply people back to work in large numbers, trict 36, said it best when she said when ones that we do with a broad brush. So of course, of course, we need to talk she talked to small business, they want in the construction group that I spoke about that level of construction. But certain things because small businesses to, many of them, of course, specialized what does that level of construction are not all alike. But there are things in home building, and they were, of normally need? To do large infrastruc- that they do want. They want, for ex- course, concerned about the whole ture projects, it needs government. It ample, the finances. What about Main gamut, the ability of people to buy a is government that is able to build or Street? What about the tax credits? home, the ability of people to finance contribute to a State’s ability to build How will that affect their respective that home, the ability of people to then roads, to build airport modernization, businesses? That’s what we all have to say, hey, we are going to have the jobs to improve harbors or to basically look step back and think about. That’s why to qualify for the respective mortgages. at highways and what we’re going to this time when we can go on and not Because very few people are out there do. You need government’s role in that. have to worry about whether there is a who can actually buy a home for cash. And that is what the President has camera there to get a 30-second sound Anymore than we, as government, can said, and that is what the President bite gives us the opportunity to tell buy things for cash. People are bor- has emphasized: That he, in fact, is our constituents that we hear them rowing. And in order for them to bor- looking to infrastructure to be built and we know what they’re saying. row, we must have a healthy financial and to say that will put people back to When I was in district, I met with institution that can lend that money work. one type of small business, and they out. In the long run, we as a country ben- were the construction industry. Quite So, Mr. Speaker, let’s also look at efit the most from that. And you may honestly, when you talk about the con- where we are in terms of the constitu- say, well, what does that have to do struction industry, even that we just encies. Like I said, small business isn’t with small business? It has a lot to do tend to say we need to rebuild con- just small business. You can’t just say with small business because no one struction. But construction isn’t as ‘‘small business’’ and cover everyone. company can do it all. When you look simple as just simply saying they all You need to understand what kind of at how construction, for example, is build roads or they all build airports. small business. done, you have a general contractor, That’s not true. I sit on a panel that was created in who usually serves in an administra- When we do construction, we talk HASC, and it’s on acquisitions, and the tive capacity, but all the respective about construction, you have people, focus there is small business. I am very work that may go into building what- for example, who specialize in homes, honored to be part of that, and I am ever it may be—a freeway, a huge hotel and that’s a definite kind of need. very proud of the fact that we, as a or homes, the other company compo- Their needs, for example, are regarding House, are looking at how, when mili- nents of it are subcontractors who are finances. Their need is how healthy is tary spending gets cut, we are able to small businesses, and each one of them FHA going to be? What are you going preserve the small businesses. And the hires a specific number of people, to do with Fannie Mae and Freddie question was, how do we ensure them whether it be two or three or 20 or 30. Mac? What are you going to do to help into the future? And we also have to If you have a huge port of some sort, foreclosures? They have very specific recognize that the definition of small they are there. And we need to recog- concerns. Where we may think what business differs for many of us. It’s like nize that, and we need to understand they’re just concerned about is the a company that grosses no more than that it is through them, through the ability to be able to build again, that’s $7 million or $8 million a year. To some hiring of the respective subcontractors not it. They understand that in order they probably hear that and say, wow, that are small businesses, that we are for us to have a healthy economy, in that’s not a small business, that’s a big then able to move this economy along. order for us to have the environment in business. But every segment of what So it’s like a situation of, we start on which they can then create the jobs creates businesses in our economy we the top and to a large extent, govern- and they can then be able to build have got to look at very seriously and ment has that role, and it filters down

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.055 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6535 to the bottom line, which is to get peo- we can resurrect our manufacturing So you have a whole secondary mar- ple back to work. So when we start to powerhouse in Detroit and create those ket of used auto parts being remanu- talk about the Jobs Act, or how we’re jobs throughout the country the same factured or original-equipment auto going to move our economy along and way Detroit did back in World War II. parts are being remanufactured that what are we going to do, we need to b 1440 then creates yet another industry. And think about that. We need to think when we, unfortunately, get careless about how do we move forward. Detroiters built the arsenal of de- and sometimes, through no fault of our It is on that note that I see my col- mocracy that helped win World War II own, the flagpole or the streetlight league from Detroit whom I would like and saved this country and this world jumps in front of our car and we hit it, from fascism. It was metro Detroiters’ to call upon, because he has a bill that there is that whole other industry of manufacturing know-how that built I want him to speak about because he repair. knows what it is going to take to get some of the best cars in the world and So with the good Congressman from his people in Detroit back to work. And that created millions of jobs world- Detroit, I want to elaborate that just let’s not forget, we are a great country wide, and especially in this country. investing in Detroit isn’t only for De- So in the same way, by investing in built on manufacturing. That is what troit, but I’m sure within Michigan and Detroit, in the Detroit workforce, in made us big. And do you know, it is within all the neighboring States we the Detroit winning spirit—exemplified also the city of Detroit that I believe probably have great examples of how by the Detroit Tigers and the Detroit really epitomizes what manufacturing Lions—we can put our people back to small industries are going to just start is about. work. We can make this country even to kick-start. So on that note, I would like to yield Mr. CLARKE of Michigan. You are stronger in advanced manufacturing to my colleague, the Congressman from absolutely right, creating those jobs in and help uplift the quality of life for Detroit (Mr. CLARKE), to talk to us and Detroit will have a ripple effect everyone around the world. share what he has learned from his dis- I appreciate you giving me this time, throughout this country. trict. the gentlewoman from Hawaii (Ms. And I’m glad you mentioned about Mr. CLARKE of Michigan. Thank remanufacturing. That’s the best way HANABUSA), for talking about an impor- you. And I just want to thank the gen- tant issue, putting Detroiters back to to have Make It in America jobs. Actu- tlewoman from Hawaii (Ms. HANABUSA) work. ally, I was able to visit a remanufac- for her commitment to growing our If I can just say as a final note—I turing plant right outside the city of economy not only here in this country mentioned this last night—getting a Detroit 2 weeks ago. It’s fascinating but we can help the world by us in the job is important. Many years ago, in what they do. These are not used units. United States manufacturing the best this last big recession we had in the These are totally remade. And, actu- products and creating the best tech- 1980s, I was without a job and I lost ally, these are better units and pieces nologies. hope. And that can be devastating, not of equipment than if you actually I have introduced a bill called the only devastating economically and fi- bought something new. So instead of Detroit Jobs Trust Fund. It will create nancially to people, but it can be dev- U.S. manufacturers buying new prod- jobs in Detroit. And Detroiters really astating to the spirit of a human being. ucts overseas that are made overseas, need it because we’ve got the highest So a job gives somebody a paycheck, they can buy great remanufactured unemployment rate. We’ve lost more but it gives a person self-worth and the units right here at home, putting jobs than any metropolitan region in dignity and the uplifting spirit that Americans back to work. So you’re ab- this country during the last 10 years. they need to keep marching on. And solutely right about that. But as Ms. HANABUSA pointed out, in- that’s what this country is all about. Ms. HANABUSA. That is why I am a vesting in Detroit not only creates jobs You know, we have to deal with ob- proud cosponsor of your bill because I for Detroiters, it will put Americans stacles; but as Americans, we can turn think that you’ve hit it, that we start throughout this country back to work. those obstacles into opportunities. with someplace like Detroit where peo- And that’s because in spite of Detroit’s That’s why immigrants are so success- ple clearly know that work ethic—that troubling economic situation and high ful when they come here to this coun- work ethic started in places like De- unemployment rate, we still have the try because they see this country for troit—and then from there we’re going manufacturing know-how and we have all its richness, for all its opportunity, to build and we’re going to rebuild this the well trained workforce to put and they seize it. I’m just asking for country because it has such a great im- Americans back to work, especially in that same opportunity to be available pact all the way through. So thank you the area of advanced manufacturing. for Detroiters, to put our country back very much. So when Detroit makes its streets to work. Mr. CLARKE of Michigan. I really safer by hiring more police officers, Ms. HANABUSA. Before you leave, I appreciate it. And thank you for sup- more firefighters, and properly deploy- just wanted to extend this discussion porting Detroit and supporting Ameri- ing them, when we improve and reform because I think that we tend to think cans going back to work. And we’re our public education system by open- about things like, when we talk about going to make it in America. ing more high quality schools, hiring Detroit and we think about manufac- Ms. HANABUSA. We are going to more teachers who can go do the job, turing, which of course is what we are make it in America. and when we reduce the cost of living all focusing on, we tend to forget how Mr. Speaker, I also note that we have and doing business in Detroit by cut- that one industry then multiplies out a person who probably all the small ting some very high municipal taxes, and how it creates other jobs. The Con- business guys would love to get their those factors—safe streets, good gressman from Detroit is absolutely hands on. And I know for my constitu- schools, and low taxes—that will at- correct, that is what made our country ents, they would love to have the abil- tract investment back to the city. great. ity to talk to someone from the great If you take a look at the city of De- And let me share with you, I grew up State of Delaware because, of course, troit, you will see that we have a lot of working in my family’s service station, when we think of Delaware, we think vacant property. Well, that’s land which later became a situation where of financial institutions, we think ready for a big plant to be located we sold auto parts. And one of the about how they control our money. But there. And by capturing the existing things that I will never, never forget is he also is a proud member of the origi- federal tax revenue that Detroit indi- the fact that, when you think about nal Noble Nine. And I’m asking him to viduals and Detroit businesses already the ability to build a car, many of speak to us and share with us what he pay and having that money placed in a those parts are not manufactured in knows from his great State. So the trust fund administered by the Depart- Detroit. They come from other places Congressman from Delaware—who I ment of the Treasury to be invested in in the United States, and they all are would like to add is the only person Detroit to hire those police officers, put together to make the car. But the who, while there may be others, he is hire and train those teachers and to subsidiary industry is what my family the only person dear to me who actu- cut taxes, we can bring employers back was in, which is, with wear and tear, it ally has fewer people in his congres- to Detroit to hire Detroiters. But also, breaks down. sional delegation than me.

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.057 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6536 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Mr. CARNEY. I thank my colleague finding workers that had the requisite So their message to me was really a from Hawaii, one of the other small skills to do the jobs that they had. simple one, twofold. One is: Do no States. I know you’re a delegation of Now, they have since lost some of that harm in Washington, DC. Do the work two; we’re a delegation of one. I rep- work; but they were looking ahead and of the people, solve the problems that resent the whole State of Delaware. I anticipating, with some assistance we have, and inspire confidence. And I tell my constituents that we have two from the FAA, to extend the runway think one of the ways that we can do Senators and one Member of Congress. there at Georgetown Airport—going that—there’s a lot of discussion. Most That means that I have to work twice back to your point about the need for of the discussion that I hear from my as hard, Mr. Speaker, to serve the peo- infrastructure to stir business develop- constituents in the State of Delaware— ple in my State. ment, business growth and job cre- and we’ve had town hall meetings. I’m pleased to join my freshman col- ation. If we were able to extend the We’re going to have a telephone town leagues on the Democratic side of the runway there at the airport, PATS hall meeting tonight. I’m sure I will aisle this afternoon for our discussion would be able to hire more mechanics. hear the same thing: Enough with the about small business and job creation, But there are a lot of people out partisan bickering back and forth and I’d like to talk for a little bit there, while they might want those across the aisle. Let’s focus on the about the situation in my State, the jobs, would not have the skills to do challenges that we face—creating jobs State of Delaware. the work. And so Delaware Technical and strengthening businesses, creating All of us are coming off a district and Community College, with the help a business climate in the short term work week, where we spent our time, of the State government, has developed where businesses can thrive, where I’m sure, meeting with constituents, a training program specifically to pre- consumers can have confidence so talking to business owners, small busi- pare workers for that facility and other they’ll be willing to spend on small ness owners, large business owners, and airplane manufacturing facilities in businesses and other procurement. And working our districts. And I did the our region. in the long term, address our deficits, same thing in Delaware, not too far our debt, and our budget imbalances. b 1450 from the Capitol here. I would like to If we’re able to do that, we’ll at least highlight two meetings that I had in We have a Dassault Falcon plant, provide some confidence to the people particular. One was a job fair that we which does airplane maintenance and that we represent that those that they held in Georgetown, Delaware, which is mechanics at the New Castle County send from Delaware, the Members of the county seat in the lower part of our Airport, as well as a large Boeing facil- the House of Representatives here and State. Many people from the Wash- ity over the line in southeastern Penn- our Senators across the Capitol, are ington, D.C. area know Georgetown as sylvania. So these are jobs. They are doing their part, are working together, they pass through it to go to our lovely highly skilled jobs. They are jobs that are focused on not the politics of where beaches during the summer time to require mechanical ability. They are we all stand in relation to the next enjoy time with their family at the jobs that require training. And there election but on solving the problems beach. are certainly lots of folks out there that face our country. This particular day we sponsored a that are looking for employment, and I think the vote that we have coming job fair in Georgetown, along with Sen- these are the kinds of jobs that we need at the end of this year, which will be ator CARPER and Senator COONS. This to prepare people for. the result of the work of the Com- was a program that Senator COONS One of the press conferences we had mittee on the Budget, will be maybe championed in Wilmington initially, this week was at Delaware Technical & one of the most important votes in a and we’ve moved it now to the other Community College where we high- number of years. I have heard our ma- two counties of our State and had a job lighted a Federal grant that was going jority whip STENY HOYER refer to it as fair in Dover and a job fair in George- to Delaware Tech to create training the most important vote here in the town this past week, really helping to programs for businesses, basically to last 30 years. And I think that’s right connect those folks in our State who enable people to upgrade their skills to in many respects, because people out are unemployed or underemployed, take the jobs that are available. One of there, my constituents, your constitu- people looking to move up with em- the problems, obviously, that we have ents, Ms. HANABUSA, in Hawaii—I see ployers who are looking to hire. And in our country—and the President’s our colleague from Rhode Island (Mr. even though we have over 9 percent un- employment council has identified this CICILLINE) has joined us as well—our employment nationally and a little bit problem—is that we have jobs that are constituents are asking us, begging us over 8 percent unemployment in our out there, but we don’t have people to do our work to inspire confidence State of Delaware, there are still a lot with the right kinds of skills for those and to do the right thing for the coun- of jobs that go wanting, mostly be- jobs. So we need to have programs— try. And that involves giving people cause the employers are not able to and this is where the public sector the skills they need to be able to do the find people that have the required comes into play, particularly technical jobs that are available out there, cre- skills for that particular enterprise. and community colleges—to provide ating confidence so businesses can So the good news about this job fair that training and those skills for those make investments, so people will be is that we had 55 employers there, folks. willing to spend money and consume so many of whom were prepared to hire Later on in the week, I met and our economy will get back on its feet people and offer them jobs, certainly spoke with the Georgetown Chamber of again. In the long term, we’ll set up a take resumes and interview people or Commerce; and the Georgetown Cham- fiscal situation with our government so set up interviews. But we had over 8,000 ber, of course, is comprised mostly of that the economy can be strong and people who came seeking employment very small businesses. They had a real- create jobs for my children and their or seeking an upgrade in their current ly simple message for me, as a Member children. job situation. And that’s a lot of people of Congress, and that is that they see So I want to thank my colleague in the small State of Delaware in the their businesses struggling because of a from Hawaii for leading our dialogue least populous area of our State. So it lack of confidence among consumers. this afternoon on job creation, on tells us the very serious problem that And when you think about the U.S. small business development across our we have with the lack of jobs and the economy at large, about 70 percent of country in our respective districts, and lack of skills that people might have to economic activity is consumer driven. I look forward to sitting here with you do the jobs that are out there. So when consumers don’t have con- for a few more minutes and engaging in Later on in the week, I met at PATS fidence either in their employment sit- this dialogue. I just wanted to give a Aircraft, which is an airplane manufac- uation in the present—they may not be few words about how the people in turing facility at Georgetown Airport. employed—or their future employment Delaware are responding to the work They’ve been hiring airplane mechan- situation, they’re not willing to spend that we are doing or are not doing here ics over the last several years. In fact, money on small business services or in the Congress. when I was lieutenant governor, one of products in the community and, there- Ms. HANABUSA. Thank you. And be- the biggest problems that they had was fore, these small businesses suffer. fore the Congressman from Delaware

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.059 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6537 sits, I just wanted to explore one thing, aisle. I think the real problem is we small businesses can do. I welcomed because when I was in district, one of have pretty significant differences of the SBA regional administrator, the comments I got was about the dys- opinion on issues, and that’s under- Jeanne Hulit, to Rhode Island and we functional Congress. But one of the standable. That’s what makes our visited a company called Wide World of things that I asked them to really sit country so great, frankly, that we can Indoor Sports. Stephen Sangermano back and look at—and this is really our come here. We can come from our re- and Dan Fawcett are two Rhode Island friends in the media, and they have to spective areas of the country with dif- entrepreneurs that brought this small do something about the way they re- ferent points of view. business together and created jobs. port. I told them that when they ask As I look around this Chamber, you They used the Small Business Adminis- about our votes, they should really see America in this Chamber through tration loan program to do it, to start look at it seriously and say, okay, how the Representatives that are sent here their business; and it allowed them to many votes are really that controver- by the people. But we need to under- hire 80 full- and part-time employees, sial? How many times are we just ad- stand that this country is greater than and they’re looking at the opportunity versaries, and how many times is it all the rest of us as individuals, and we to create another facility, another that there are just a handful of votes, need to live up to the greatness of our business in another part of the State relative to how many we pass in the country by recognizing that we have which is likely to have the same num- House, that rise to the level that peo- got to put our differences behind us at ber of employees. ple would say that we are just cutting the end of the day so that we can come It’s really about how do we provide down partisan lines? Because I don’t to some resolution for the good of the the needed capital to small businesses, really think that that’s the case. It’s a people at large. to start-up companies so they can grow minority of votes, but it’s that which Ms. HANABUSA. That’s a great mes- their businesses. At another event in is played up. And when I tell my con- sage. The whole is greater than the my district, we announced along with stituents that, they’re sort of amazed. parts. Thank you. our Governor and our entire congres- They think every single bill that we With that, I would also like to call on sional delegation—Senator WHITE- practically pass up here is controver- another colleague of ours, the Con- HOUSE, Senator REED, Congressman sial. gressman from Rhode Island, who is ac- LANGEVIN, and I—the launch of a new Did you get that sense from talking tually my cosponsor of this time. $13 million loan fund, which is Federal funds again, to be administered by the to your constituents? b 1500 Mr. CARNEY. Oh, I absolutely got Rhode Island Economic Development that sense. And people that I talked Mr. CICILLINE. I thank the gentle- Corporation to assist an organization to—Democrats, Republicans, it really lady for convening this conversation called Betaspring and the Slater Fund. didn’t matter what party affiliation and thank my friend from Delaware for Both of these organizations are really they had—were pretty fed up with what his thoughtful remarks. designed to help start-up entrepreneurs they had seen in the whole debt ceiling I think that what the American peo- access the capital they need to start a debacle, not so much the debate around ple want from us, and I think as fresh- new business and to grow jobs. it but the fact that we let it go to the men, we were sent here to do our best I think one of the things I’ve heard brink and that we seem to want to, to solve the problems, to meet the big repeatedly is that small businesses with every continuing resolution, challenges of our time. While that has need access to capital, they need an en- every important vote, take it to the been our responsibility, I think what vironment in which they can start and brink before coming together, however the American people have seen, unfor- grow their business, but the other that might happen, whether it’s one tunately, is really a lack of action by thing that small businesses need that I side of the aisle getting enough votes the Congress of the United States on hear about all the time is they need or whether it’s coming across the aisle the most urgent issue of our time, and customers to buy the goods and serv- and having a bipartisan approach. that is jobs and getting this economy ices they produce. I think one of the Frankly, the people in Delaware are back on track. things that is really important about more focused on having us address We have some proposals before the the President’s American Jobs Act is it problems and solve those problems, and Congress that are sound and that will really focuses on tax cuts for small they’re not really concerned at all, in really make important progress in our businesses, tax credits for small busi- fact, with the politics of it. What they effort to get this economy back on nesses, particular attention to our re- tell me is: Cut it out. Cut it out. And track and create jobs. What I found turning veterans, our heroes, those who they ask me: Is it so bad? And I tell when I was home in Rhode Island in lis- have been unemployed for a very long them that I have been reading a lot of tening to my constituents, I’m just re- time, and our young people; but at the Civil War history of late. minded of how devastating this reces- same time it puts money in the pock- I read a book about Abraham Lincoln sion has been for American families ets of middle class families so that about a year ago and, after that, start- and American businesses and how dif- they can increase their demand for ed looking for other books to read. Of ficult it is right now for people who are goods and services that ultimately will course just after we were sworn in, one out of work trying to find work, or peo- help small businesses grow and create of our leaders, Congressman LARSON ple who are trying to hold onto a home jobs. from Connecticut, gave us a history of and are facing foreclosure because of I think this is one of the important the House of Representatives. And be- their inability to make ends meet, or lessons that we should have learned cause I had been doing so much reading people that are running a small busi- over the last decade, that it’s not about the Civil War, I decided to go ness and are just trying to stay afloat enough, that it’s unwise fiscal policy to first to those chapters just before the and keep their business going. simply ensure that people at the very Civil War and during the Civil War and I think our challenge is to first of all top, the millionaires and billionaires, afterwards and to read about the his- never lose sight of how devastating get to hold onto more of their money tory of the House of Representatives. this recession has been for American at the expense of the middle class; be- And I want to tell you, it might be families, American businesses; and cause in order to have a thriving, pros- hard for some of our constituents in then focus on what we can do, what are perous economy, you not only need en- Hawaii and Rhode Island and Delaware the practical solutions that we can find trepreneurs and innovators, you need to believe it, but things were a lot to meet this challenge. I think what hardworking middle class families who worse during that period of time. One people want is they want to see Con- have the ability to buy the goods and of the stories was related in the book gress, Republicans and Democrats, services that businesses produce. I that one Member almost caned another working together to find common think that’s what we need to do. We Member to death on the floor of the ground, to find real solutions to these need to be looking at policies that will House. I tell my constituents, it’s not challenges. do both things, that provide access to nearly that bad. In fact, we have a lot I spent time in my district at a cou- capital, that will create an environ- of friends—frankly, I have a lot of ple of things that I thought were par- ment for small businesses to grow and friends, and I know you do—across the ticularly exciting examples of what at the same time give hardworking

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.060 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6538 CONGRESSIONAL RECORD — HOUSE October 4, 2011 middle class families the ability to buy manufacturing can be rebuilt in this right in front of where the Congress- more goods and services. country. This is an area where I think man from Rhode Island is, and we shift What’s exciting about the American the public is way ahead of the policy- in and out of those seats because we Jobs Act is it does all of those things: makers in believing that we have to hear what each other has done and it provides tax cuts to help American make things again in America. what our constituents are saying. small businesses hire and grow. It puts I again thank the gentlelady for lead- I can’t tell you—and I’m sure he workers back on the job by rebuilding ing this conversation. I think we all shares this with me—how great it is to and modernizing America’s infrastruc- know, particularly as members of the hear, for example, the Congressman ture. It creates pathways back to work freshman class, that the single most from Detroit talk about the Detroit for Americans looking for jobs to be urgent challenge, the single greatest plan and to hear the Congressman from sure that they have the skills nec- crisis we face right now is job creation, Rhode Island speak about a type of essary for the jobs of the 21st century. is getting the American people back to block grant for his Make It in America It puts more money in the pockets of work. When you think about all the part. Each and every one of them has every working American family, every other challenges that our country done something where they’re looking worker, that again will help to stimu- faces, if suddenly 14 million Americans at and hearing their constituents. late growth of our small businesses. were put back to work, it would go a That’s what we want to impress upon I think the President has really iden- long way to solving many of the other everyone, that we hear what our con- tified a very serious plan to put Ameri- challenges we face. When people have a stituents are saying. cans back to work; and I really hope, job and they have the ability to sup- I think it was said very well by the as I know the gentlelady from Hawaii port themselves and their family and, Congressman from Delaware that we hopes, that our colleagues on the other of course, they’re also contributing as all have to put everything aside and side of the aisle will be part of this con- productive taxpayers, that’s a benefit build on the public’s confidence. In versation. If they have different ideas, to our whole society and certainly to Congress, we’re just another body. The better ideas as to ways we can create our country. public has got to feel that confidence, jobs and get the American people back I hope that what the President has not just in Congress, but in the United to work, they ought to be part of the outlined in the American Jobs Act, States of America, the greatest coun- discussion. what we’ve outlined as part of the try in the world. They’ve got to feel But I know one thing for sure: we Make It in America agenda, the invest- that confidence. They’ve got to under- cannot simply do nothing for the next ments that are included in the Amer- stand that other economies depend 14 months. The American people expect ican Jobs Act to rebuild the infrastruc- upon us. When we look like we’re quib- us to take action, to not only talk ture of our country, to invest in roads bling over things that are irrelevant to about jobs but to do things that are and bridges and ports so that we can international matters, that’s when going to create jobs and create condi- move the goods and services and infor- their stock markets go crashing—based tions for job growth, private sector job mation necessary to compete success- on how we act. growth, and to be able to demonstrate fully in the 21st century, are those So wouldn’t you say, Congressman that what we’re doing, the policies kinds of investments that ensure that CICILLINE, that what we need to do is we’re enacting, are helping to get our we will do things today that will create set things aside and, as to anything economy back on track and to stimu- jobs in the short term and in the long we’ve got to do within the next 14 late jobs. term deal in a responsible way with months, work together so that people The other point I want to mention, I managing our debt and our deficit. begin to have confidence in us and know the gentlelady from Hawaii has But we’ve got to do both things: we then, by that, have confidence in this been a big supporter of this, and that is have to have a long-term strategy for great Nation? the whole Make It in America agenda. fiscal responsibility that addresses the Mr. CICILLINE. I agree. I have the privilege of visiting manu- serious challenges that we face in One of the important responsibilities facturers in my district. Rhode Island terms of our debt, and at the same that we have—and I think the work of has a very rich history of manufac- time we have to make the right invest- the supercommittee is, obviously, first turing. I think everyone recognizes ments that put people back to work and foremost to all of us—is the oppor- that if we’re going to continue to be a and that ensure that we’re investing in tunity to deal with the urgent respon- leading economic power in the world, the things that are necessary to com- sibilities of our economic condition we have got to make things again in pete successfully and win in the 21st and our debt and our deficit and being this country. While we’ve lost some century: innovation, infrastructure, sure that we are responsible in the way manufacturing, the low-end manufac- education, the things that are nec- we cut spending. At the same time, if turing that may be difficult to get essary to ensure that we rebuild the we do this right, we have an oppor- back, there’s a lot of new manufac- economy and that we not only put peo- tunity to restore the public’s con- turing, more highly skilled manufac- ple back to work, that we position our- fidence in the operations of its national turing that’s growing in our country. selves to continue to succeed and lead government. What we need to do is to have policies the world as an economic power. I think people are going to look to put in place that will support Amer- I think that we can do it, the Amer- this, and it will not only matter for the ican manufacturers, American workers ican people expect us to do it, and I next fiscal year; it will matter for here so that we can compete in this know when I am home in my own dis- many generations. We will be able to global economy. trict and I hear directly from my con- demonstrate to the American people We have a very ambitious, com- stituents, they are expecting Congress that we came together, Republicans prehensive agenda, making it in Amer- to take action that is going to get this and Democrats, and solved this hard ica, that begins with the development economy back on track, that’s going to set of questions and made the tough de- of a national manufacturing strategy create jobs, and that’s going to allow cisions to fix our economy in order to so we can have benchmarks and com- every American to have a legitimate be sure that America continues to lead pete successfully with other countries shot at realizing the American Dream. the world. that are engaged in manufacturing; I thank the gentlelady for the time. As freshmen on both sides of the creating tax policies that support in- aisle, we come here new to this experi- vestments in manufacturing and job b 1510 ence and maybe without a lot of the growth. One of the pieces of legislation Ms. HANABUSA. I thank the gen- history that so many other Members of will create what’s equivalent to an IRA tleman from Rhode Island. Before he Congress might have and some of the for manufacturers to reinvest in cap- leaves, I’d like to say this: scar tissue that has maybe been built ital equipment so they can grow jobs; We have an opportunity as freshmen. up over the years. I’m hoping, with the my Make It in America block grant We came here as a small number origi- energy and the optimism of our fresh- that will help retrofit factories, retrain nally—the Noble Nine—and we have man class and with our freshman col- workers, increase exports, things that maintained our relationships. We hear leagues on the other side of the aisle, it are necessary to ensure that American each other all the time. Some of us sit can help propel us into a new way of

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.062 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6539 working together, in a bipartisan way, country. The private sector creates can help this country get back to job to solve the real challenges that face jobs, and the government can make creation. our country. things better or make things worse for b 1520 Ms. HANABUSA. The one message job creators. My hope is that we’re that resonated at home is that people working to make things better—to cre- I would now like to yield to my think we’re going to do this time and ate an environment where the private friend from Illinois. Mr. KINZINGER of Illinois. Thank time again—in other words, that we’re sector can then flourish, can innovate, you. going to have the CR issues, that we’re can advance, and create jobs. This kind of reminds me of the story going to have the debt ceiling issues. Now let’s talk about the action here of the rogue cowboy. When you think So I’ve impressed upon them, if the in the House. of the rogue cowboy, you think of We’ve got a number of bills that supercommittee does what it’s sup- somebody, you know, sitting under the we’ve passed that relate to job cre- posed to do, that it’s a plan for 10 sun just taking it all in, doesn’t really years, and hopefully, it will give us sta- ation, bills that were then taken down want to work with anybody. bility. to the other side of this building and That reminds me of the Senate, tak- The gentleman from Delaware said given to the Senate. That’s where they ing it easy. They haven’t taken a lot of STENY HOYER, our minority whip, stat- rest. They’re just sitting there. A lot of votes this year; more interested in, I ed it’s going to be the most critical us grew up in the seventies. We remem- guess, getting paid and letting the bills vote we all take and one of the most ber ‘‘Schoolhouse Rock.’’ We remember stack up, and they don’t need to work critical votes that this Congress will that little bill sitting on Capitol Hill. with anybody. take because, in this difficult time, That bill can’t become a law unless it But you know what we can do in that that’s what is going to render us stable passes this House, the Senate, and then process? Let’s blame one small lever of if we’re able to do it correctly. So I the President signs it. Well, that little government. Let’s blame the House Re- hope that on both sides of the aisle bill was passed out of here. It’s waiting publicans. Let’s blame them for the 9.1 we’re able to do that. on the Senate to do something about percent unemployment. Let’s do that. Mr. Speaker, I yield back the balance it, that little jobs bill, and there’s a You know, that’s what we can do. We of my time. whole host of them down there with it. don’t actually have to govern. f Let me mention a few of them. I mean, when you look at it, they’ve First and foremost, when we got here had control of the House of Representa- ENROLLED BILL SIGNED in January, we voted to repeal tives and the Senate since 2006 and the Karen L. Haas, Clerk of the House, ObamaCare, the health care law that Presidency since 2008, with the excep- reported and found truly enrolled a bill recently passed. Why did we do that? tion of a very brief period of time over of the House of the following title, Because it is a source of angst, uncer- the last year where Republicans have which was thereupon signed by the tainty, out-of-control government been blessed and fortunate enough to Speaker: spending, and excessive regulation the be in the majority in the House of Rep- H.R. 2608. An act making continuing appro- likes of which this country has never resentatives. But yet this unemploy- priations for fiscal year 2012, and for other seen before. We voted to repeal that on ment, according to them, is our fault. purposes. the first day of the first week back. We need jobs in this country. In my f The first week we got here we sent that district, the 11th Congressional Dis- JOB CREATION over to the Senate, and they didn’t trict in Illinois, you have cities like pass it. Joliet, like Ottawa, like Bloomington. The SPEAKER pro tempore. Under We passed H.R. 872, the Reducing A lot of places have seen their manu- the Speaker’s announced policy of Jan- Regulatory Burdens Act. No Senate ac- facturing base disappear. They’ve seen uary 5, 2011, the gentleman from Ar- tion. it over the last 20 or 30 years. And kansas (Mr. GRIFFIN) is recognized for We passed the Energy Tax Preven- what’s been our reaction? Well, typi- 60 minutes as the designee of the ma- tion Act to block some of the EPA’s cally the knee-jerk reaction in Wash- jority leader. controversial excessive regulations. No ington, DC, is that we have to have Mr. GRIFFIN of Arkansas. Thank action on that. some kind of a program. We have to you, Mr. Speaker. We passed H. Res. 72, asking our pass more spending. I’ve been listening here on the floor House committees to inventory regula- Well, if there’s no jobs, I mean, obvi- today, and I heard some folks mention tions and look for places we can trim ously the problem, if there’s no jobs, the need for action on the issue of jobs. them back, reform them and save. No it’s got to be because Washington, DC, I agree. Some of them said, hey, there action like that in the Senate. hasn’t done enough. And so we get in hasn’t been much action. There has H.R. 1230, Restarting American Off- this perpetual cycle of let’s spend more been a lack of action, I think was the shore Leasing Now Act, a bill, along and spend more. quote that I heard here on the floor with several others that we passed, to I remember a couple of years ago, al- earlier. I’d like to talk about that a lit- encourage energy exploration. No ac- most a trillion dollar stimulus was tle bit. tion in the Senate. passed out of this House of Representa- There has been a lot of action on the The Putting the Gulf of Mexico Back tives, and I think by everybody’s meas- issue of jobs in the House. When folks to Work Act. No action in the Senate. ure would agree that it was ineffective. talk about the Congress, they sort of Reversing President Obama’s Off- I have not seen many people with a group the House and the Senate to- shore Moratorium Act. No action in straight face argue that the stimulus gether. I understand that, but the the Senate. was effective. Even the Commander in House and the Senate are two separate We can go on and on and on. Chief, the President himself said, well, bodies, and the leadership in the House One of those things that we passed you know, it wasn’t quite as shovel and the leadership in the Senate have here that the Senate hasn’t passed is a ready as we expected. two different visions of where this budget—a fundamental document for Mr. GRIFFIN of Arkansas. Reclaim- country ought to go. managing one’s finances. We passed ing my time, I just want to point out As it relates to the House, there has one here. They haven’t had a budget in that in Arkansas the President pre- been a lot of action. We’ve passed the Senate for, I think, about 2 years dicted that the stimulus would create about 90 bills in the House this year. now. For 888 days, no budget in the 30,000 jobs. I think, in the end, the gov- During that same timeframe, the Sen- Senate. ernment funded about 4,800 jobs at a ate passed 20. A lot of those bills that So we’ve done a lot here in the cost of around $300,000 per job. we’ve passed here in the House directly House. Congress as a whole hasn’t Now, if someone would’ve just given relate to the issue of job creation and acted on a lot of this stuff, but we’ve me the checkbook, I could have created in helping our country get back on its done our part, and we’ve sent it down more jobs writing people checks and feet. to the other side of the building, to the could have saved people all the work. I Many of us understand that govern- Senate. We’re waiting for action on mean, the idea that you create jobs at ment is not the key job creator in this many pieces of critical legislation that $300,000 a job is just unbelievable.

VerDate Mar 15 2010 01:52 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.064 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6540 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Mr. KINZINGER of Illinois. That’s a ators flourish, and that’s what we want are just standing here on the floor great point. What’s amazing to me is do. talking about this. It’s real. There are you put out those very staggering I yield now to the gentlelady from real people hurting, and we’ve got to numbers, and every American should Alabama. get the government out of the way. just be horrified at those numbers, but Mrs. ROBY. Thank you so much. I I look forward to continuing this dis- I’ve actually heard Members of the appreciate your leadership here this cussion with all of you this afternoon. other side of the aisle actually say the afternoon giving us an opportunity to But on behalf of Alabama’s Second Dis- stimulus wasn’t big enough. I think once again talk to the American people trict, we’ll keep fighting for the oppor- most people listening today have heard about jobs. tunity, and we have got it right here, that: The stimulus just wasn’t big As the weather gets cooler outside, I just the tick, tick, tick on the roller enough. Okay, well, I disagree, but know in the State of Alabama there’s coaster waiting for that free fall, but fine. several large fairs that are happening we’ve got to get Senate Democrats on Theoretically, let’s say it wasn’t big right now, and I love the fair. I love board. going to the fair. I love taking my chil- enough. So what do we need, another $2 b 1530 trillion, $3 trillion stimulus, a gajillion dren to the fair. I love the corn dogs, dollar stimulus, because then every- the elephant ears, the Tilt-A-Whirl, the Mr. GRIFFIN of Arkansas. I thank body can go back to work? But the go-carts. I love going to the fair, but I the gentlelady from Alabama. President puts a $450 billion stimulus. really love roller coasters. I would say, when I sit down and The only argument I have heard that What I love about roller coasters is meet with constituents, whether it be has any credence—and it doesn’t—is the anticipation, the tick, tick, tick as here or back home in Little Rock, one that it wasn’t big enough. That’s why the carts reach the top of the hill; and of the complaints that I hear the most it didn’t create jobs. So stimulus 2, every tick on that anticipation of is that Federal Government continues which is smaller, has got to do what unleashing the speed of that roller to over-regulate, continues to burden the large stimulus 1 never did. The in- coaster, all of these job-creating bills us with regulations that are excessive, sanity of the things I hear is stag- that we’ve passed right here in this that just don’t make sense, and they’re gering. House of Representatives. And yet it’s implementing them without checking We’ve got to get people back to work. like being on a roller coaster and with the folks that they’re going to That’s what it really comes down to. I you’ve reached the very top and it most impact, or ignoring the folks that think everybody agrees about that. shuts down. Because every piece of leg- they will most impact. So we can work and say for 20 years islation that we’ve passed in order to There are a number of agencies that we’ve been spending and spending and unleash the private sector’s speed and are doing that. We hear a lot about the spending—$14 trillion obviously wasn’t momentum to get this economy back EPA, but it’s not just the EPA. You enough to get us out of this deficit—or on track is dead in the water, dead on can just go right down the list of Fed- we can do what the House Republicans arrival in the Senate. eral agencies and they’re issuing new have been promising the American peo- We can’t take it anymore. I’ve just regulations, many of which are almost ple and following through on, which is gotten back from my district, like all impossible to comply with. to say let the American consumer and of you have, and I’ve traveled around Today we voted on the concrete businessman breathe the clean air, the and I’ve looked into the eyes of the MACT and the boiler MACT legislation fresh air of freedom, the fresh air of people who want to create these jobs. to help prohibit, to prohibit the EPA capitalism, understanding that if some- Our American job creators are sitting from implementing some of these body has a fear of hypodermic needles, on almost $2 trillion that they could be harmful rules. And I can just tell you, you don’t solve that fear by stabbing reinvesting in the private sector. Yet, talking to folks back in my district, them with a bunch of hypodermic nee- as I have mentioned on this floor time these rules will have a specific impact dles. So if we have a debt problem in and time again, I have visited places on them. It will cost them millions of this country, you don’t solve it by that have told me that every dollar in dollars to implement; and ultimately, spending more and more. You initially extra capital that they have they are it costs jobs. figure out a better way to deliver those having to reinvest back into their com- Mrs. ROBY. Will the gentleman solutions. pany in order to comply with EPA reg- yield? Look, Federal Government isn’t the ulations. This is unconscionable. This Mr. GRIFFIN of Arkansas. I yield to answer. Everybody you are going to is unconscionable at a time when our the gentlelady from Alabama. hear from tonight is going to tell you country is so desperate for good-paying Mrs. ROBY. Just to go back to what the Federal Government isn’t the an- jobs and people have given up even I was talking about with International swer. In many cases, it’s the problem. looking for those jobs. Paper, the cost of implementing boiler But the answer, the thing that has I want to tell you real quickly about MACT regulation when combined with made our country great, the thing that a recent trip that I took to Inter- the anticipated cost of implementing has made us powerful is the people that national Paper in Prattville, Alabama, other pending air regulations would live here, not the government that rep- and I had the opportunity to sit down place at risk 36 mills, 20,541 pulp and resents it. It’s the people. with them and talk specifically about a paper mill jobs nationally; and this is So I think, as this discussion goes on bill that we have in front of us on the approximately 18 percent of the pri- tonight, I look forward to listening and floor today, and that’s the Boiler mary pulp and paper industry work- being part of it. But, again, to talk MACT bill, and the thousands and force. The number of lost mills would about a jobs bill—by the way, I don’t thousands of dollars and millions of rise to 79 if all air regulations are want to say the words ‘‘jobs bill’’ again dollars all across this country and all taken into account. The loss of jobs because, if it was a real jobs bill, I the jobs that are going to be lost if this would rise to 87,299 if jobs and the sup- think that would be an appropriate rule is implemented. They just can’t plier in downstream industries are fig- title, but it’s just stimulus 2. comply. They have spent so many dol- ured into the equation. This would Mr. GRIFFIN of Arkansas. I thank lars already to already comply with mean about $4 billion in reduced wages the gentleman from Illinois. It’s stim- the regulations in place, and this will and some $1.3 billion in lost State, ulus, the sequel. essentially shut them down. local, and Federal taxes. I just wanted I would just like to point out that This is just one more example of to add to what you were pointing out. you made a really good point. The gov- what this Congress is trying to do in Mr. GRIFFIN of Arkansas. That’s the ernment is not going to be the answer order to allow the private sector to cre- real impact that these rules will have in terms of creating jobs. The govern- ate jobs. All of us make site visits to if they’re implemented. I would like to ment can help create an environment companies and to manufacturing sites say, before I yield to the gentleman where the private sector can innovate, throughout our districts, and all you from New York, these regulations con- can grow, and can create jobs. We can have to do is see the empty space, the tinue. It’s almost every week there’s a assist by creating an environment in a empty cubicles. This is real. This isn’t new one. I don’t think anyone here is country where businesses and job cre- just some pie-in-the-sky thing that we against regulation. This is not an issue

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.066 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6541 of do we regulate or not. Of course we policy over politics, and I am pleased needs to, and I’m proud to join my col- need regulations. We need common- to be joined on the floor here today leagues. sense regulations that protect Ameri- with a colleague, a Democratic col- Mr. GRIFFIN of Arkansas. I thank cans. league, joining us, a bunch of House the gentleman from New York. I will in What we’re talking about are exces- Republican freshman Members, a fel- a minute yield some time to the gen- sive regulations. What we’re talking low freshman Member from the Demo- tleman from Michigan, but I want to about is an unprecedented growth of cratic side, who has had the courage to first yield some time to the gentleman regulations over the last few years that stand up and publicly stand with us to from Wisconsin. are stifling and crushing business. talk about what is the critical issue of Mr. DUFFY. I appreciate the gen- One thing I’ll mention with regard to this Congress, and that is creating an tleman from Arkansas for yielding. health care, businesses aren’t just con- environment where the economy im- Just quickly, we have heard a lot cerned about the regulations that proves and people can be put back to about the President’s jobs bill, and I exist. They’re concerned about the reg- work. think everyone in this House agrees ulations that are in the pipeline that It’s about creating an environment that this country needs more economic they haven’t seen yet because it adds that creates jobs. My colleague from growth and it needs more jobs. I’m uncertainty to doing business. So a Michigan, who I have developed a from Wisconsin, and a lot of folks in business may have some money set friendship with, is down here to join us Wisconsin and across the country want aside that they want to invest and ex- to offer his ideas. Although we may not to see the folks in Washington and in pand their factory and they want to agree 100 percent on all of the ideas Madison start to get along, try to find hire new people, but they don’t yet that he brings to the table, I still re- points of agreement instead of points know what the impact of the recently spect the man and I respect many of of disagreement. passed health care law is going to be. his ideas. And I respect that there are So the President came up with this So they put that money aside and they going to be areas where we will find jobs bill. I said, you know, Mr. Presi- sit on it. common ground, that we can come to- dent, I can agree with you that we need I’ve had constituent after con- gether and move the ball forward so tax reform. I can agree with you that stituent tell me that if this health care America will see its best and brightest we need regulatory reform. And I can law that recently passed is fully imple- days again ahead of us. also agree that we should probably ex- mented, it will have a devastating im- One of the common grounds that I tend the payroll tax holiday. pact on my business, and we will start know that’s coming down the pipeline b 1540 paying an additional $100,000 or $200,000 next week is the free-trade agreements. or $300,000, or whatever the amount is, There’s vast bipartisan support for But the President has gone a step for that particular business. So they’re those free-trade agreements which further, and he wants to have a second putting money aside waiting to see would equate up to 250,000 new jobs es- stimulus. He wants to spend nearly what they’ll have to spend to comply sentially immediately within the next half a trillion dollars because he be- with this new law. 12 months. That type of economic op- lieves more government spending will The same situation with Dodd-Frank portunity is what we should be focus- lead to economic growth, prosperity, and a lot of the new financial regula- ing on and on which we focus on here in wealth, and sustainable jobs. And we tions. There was a gentleman speaking the House as a freshman class, pushing tried that to the tune of a trillion dol- earlier. He talked about small busi- forward policies and agendas that put lars. That doesn’t work. But when the nesses needing access to credit. Well, the country first rather than our re- President talks about tax reform right let me tell you, the Dodd-Frank bill is election efforts and our political ambi- after he gives that speech, a week later part of the problem. If you really want- tions ahead of country and policy. he comes out and says, my idea of tax ed to inspire confidence in job creators, One of the other things that we have reform is to raise taxes. the President ought to call a press con- to change in Washington, D.C., and I This doesn’t make sense. Do you ference today and say he’s going to do know my colleagues on both sides here think that you help the job seeker by everything he can to repeal his two big today are firmly committed to, we raising taxes on the job creator? He mistakes—ObamaCare and Dodd- have to look at this from a long-term talks about reforming regulation. But Frank. That would give job creators a comprehensive point of view. When all we see is more and more regulations shot of confidence, and I guarantee you you’ve got the Senate that hasn’t coming from the agencies and the the markets would respond likewise. passed a budget in 888 days, any busi- White House. And what that does is it I now yield to the gentleman from nessman in America will tell you that makes America less competitive. It’s New York. how you run an operation, you at least pretty easy to see that we are a global Mr. REED. I thank the gentleman have to have a vision, you have to have economy; and in this country, we pay from Arkansas for yielding and for set- a strategy; and in government that our employees more. I think we can do ting up this leadership hour for us to document that sets the vision and the that because American workers are have this important conversation. policy and the guiding principles of harder working, they’re more produc- I would say to all of my colleagues, it how we should operate is a budget. It’s tive, and they’re smarter. But on top of doesn’t take a whiz kid to figure out a fundamental thing that we do. So, that, our businesses have far more that we’re on the wrong path in Amer- again, the Senate needs to join us, lock mandates, far more regulations, far ica. So how are we going to change it? arms with this freshman class and say more red tape; and now they’re going I come to this Chamber always in an we’re going to put country and policy to pay far more taxes. optimistic manner. I come to this over politics, and jump. With that kind of environment, how Chamber with the energy and the com- That’s why I have so much respect do we expect our businesses, our manu- mitment to make America better. And for my colleague from Michigan com- facturers to compete on this global we’re going to change that by changing ing down and joining us here today, scale? Sometimes people in Wash- the culture of Washington, D.C. I’m and if my colleague from Arkansas will ington sit back and they scratch their proud to be part of this freshman class: yield him time to offer his insights head and they say, why are businesses 87 House Republicans, 13, approxi- into this debate. But, again, it’s a com- leaving? Well, Washington has made it mately, new Democratic faces on the monsense approach to governing: do uncompetitive for American industry other side of the aisle. So how are we the job, lay forth the vision in a budg- and American small manufacturers to going to change from that new class, et, work together to find common compete, succeed, win, and put our develop a new breed of elected official ground, and create an environment in hardworking families back to work. that puts country and policy over poli- America where people can go back to I come from northern Wisconsin. You tics? work and take care of their families for may not know this, but I grew up doing I can tell you that my colleagues generations to come. It’s only through lumberjack sports. That’s chop, saw, that I have spent a tremendous amount that type of commonsense approach logroll, and tree climbing, skills of the of time with in the freshman class have that I believe that we will move this old-time lumberjack. That’s how our always taken the approach that it is ball down the field the way that it whole region was built. Paper is still a

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.068 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6542 CONGRESSIONAL RECORD — HOUSE October 4, 2011 huge industry where I come from, and creating jobs, but they’re creating country. We’ve got a great trained the EPA was coming out with a Boiler them somewhere else. workforce. If we’re able to hire more MACT regulation. If that were to have I yield to the gentlelady from Ala- police officers, hire better teachers, gone through, that would have killed bama. keep our schools open longer, cut our Wisconsin paper, it would have rippled Mrs. ROBY. I want to interject property taxes by eliminating our throughout our whole economy, and it quickly. You talked about the forest daunting municipal and school debt would have killed thousands of jobs in products industry. And since 2006, it’s and eliminate our city income tax on our community. already lost 31 percent of its workforce. residents and nonresidents, we could Just the threat of Boiler MACT has That’s nearly 400,000 high-paying jobs bring jobs back to Detroit. And not sent ripples through the economy. If located in mainly small, rural commu- only that, we could create jobs for this you look at our loggers—this isn’t nities. And without passing this Boiler country. small business, this is big business. MACT legislation, the situation is only Now all that sounds like it costs They have big loans and big pieces of going to become worse. So I just want- money. It does cost money. But here’s equipment, and they can’t access the ed to throw that in there. what I’m proposing. It’s not new national forest. There are policies com- Mr. GRIFFIN of Arkansas. I would money. Let’s just use existing tax rev- ing from this town that make it so like to now yield quickly to our friend enue that Detroit businesses and De- much harder for our small businesses from the other side of the aisle who has troit individuals pay right now. We put to succeed, compete, grow, and hire our joined us, the gentleman from Michi- that money in trust on a pilot basis to hardworking people. gan. see how it works. And we would say, if We have to switch around. I’m not a Mr. CLARKE of Michigan. I want to the city wants to benefit from those farmer. I said I was a lumberjack, but thank the gentleman from Arkansas tax dollars, it’s got to pay off its debt I do have a garden. And I think the for yielding to me to address this body entirely, the city and the school dis- economy is much like a garden. When and also to my good friend, the gen- trict, and it’s got to eliminate that un- you garden, you have to have good seed tleman from New York (Mr. REED), for competitive city income tax. And then and good soil. Right? And you have to inviting me to be here. the rest of the money can only be in- have sun and water. If you put that all As you know, I’m a Democrat. I’m vested in those core areas that will im- together, it’s amazing, your plants will currently vice president of the Demo- prove the business climate of that city, grow. Once in a while, you can throw a cratic freshman class. And yet we may like making the streets safer, the little Miracle-Gro on them, and they have our differences, but the people schools better and rebuilding those grow a little more. The economy is no that we represent in this great country crumbling roads and water systems. different. You can’t have no sun and are all different. That’s what makes That’s what we can do. bad soil and just pour Miracle-Gro and our country so strong and so great is I appreciate the gentleman from Ar- expect the plant to grow. It doesn’t that we attracted people from all kansas for yielding to me. Mr. GRIFFIN of Arkansas. Thank work that way. We need to set the en- around the world with their different you for joining us here on the floor vironment for expansion and growth talents and perspectives. But they all today. We appreciate it very much. and American competitiveness. That’s have the opportunity to responsibly ex- press themselves and leverage their I now yield to the gentleman from not happening right now. We need to Colorado. talents to build one of the greatest change these policies. Mr. GARDNER. I thank the gen- countries our civilization has ever So look at what we’ve done in the tleman from Arkansas and the gen- House. In this House, those are the known. tleman from Michigan for his words. One thing I do know that we can bills we’ve passed. We’ve passed bill We all may disagree how to get there, agree on is that the role of this Con- after bill after bill that makes the en- but we do want to be sure that the final gress is to create jobs and to help im- vironment more competitive for Amer- goal is reached, and that’s a stronger, prove the business climate to keep and ican industry, which means we would better America, an America that has a have more jobs in America, and they attract the investment that creates strong economy that’s putting people die in the Senate. And I think it’s al- jobs. I want to give you an example of back to work. most fruit loop legislation in the Sen- the place that I was born and raised in ate, which is no legislation. and that I currently live in, the city of b 1550 Until we start to turn this process Detroit. That metropolitan area has This is the 31st straight month where around, start to focus on points of lost more jobs than any other metro- unemployment has exceeded 8 percent. agreement that will turn the economy politan area in the last 10 years. Home It’s got to end. It’s got to stop. This around and put our people back to foreclosures came through, hit our city country needs to get an economy that’s work, I think you’re going to see a con- like a wave and destroyed blocks and back on track. tinued discontent of people in this blocks of formerly viable neighbor- In August, I spent a lot of time vis- country with this town. hoods. It’s been heartbreaking for me iting with businesses around my dis- So with that, Mr. GRIFFIN, I’m proud to see what’s happened not only to the trict in eastern and northern Colorado, to be here with this freshman class city but to the people that I love, many and one of the initiatives that we doing the hard work in a bipartisan of whom have had to leave the city for launched was an initiative called the way, trying to change the environment the suburbs. They’ve moved out of ‘‘One More Job’’ initiative. The idea to put our families back to work. State. Many have just lost hope alto- was to learn from job creators, those Mr. GRIFFIN of Arkansas. Reclaim- gether. people who are on the front lines of our ing my time, what you have just de- I want to get to the point. What busi- economy, what it takes for them to scribed is the fact that we can’t man- nesses have told me on what they need create another job, what would help date companies to come back to the to stay in the city and what businesses their business grow and expand to the United States. We can’t mandate com- would need to locate in the city is the point where they could hire somebody panies to invest in the United States. same things that Detroit families else so that their customers are return- We have to attract them. We have to want: simple, basic things—safe neigh- ing, so that they’re able to sell their create an environment where they borhoods, good schools, a low cost of goods, their products, their services so want to do business, and we’ve got to living and doing business. that that business could expand and create an environment where they So think about it: if we could provide grow again; because, in Colorado, if want to invest. We want people to look better public safety for folks, if we just 10 percent of businesses in Colo- at the United States and say, that’s the could improve the schools and cut rado hired one person, if just 10 percent only place in the world to do business, those high municipal taxes in Detroit, of Colorado businesses hired one per- that’s where I want to create jobs, I know that we could keep businesses son, we would create 60,000 jobs in the that’s where I want to innovate, and and attract new jobs. And here’s why. State of Colorado alone, in my home that’s where I want to invest. And as Even though this city has been very State, 60,000 jobs. That’s not by telling you say, a lot of the rules that we’ve hard hit economically, we’ve got the businesses that they have to hire peo- set up have run folks off. So they’re best manufacturing know-how in the ple. That’s not by telling people that

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.070 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6543 they’ve got to do X, Y, or Z. But it’s watched 2 weeks ago as they tabled the I think at the end of the day we can saying, all right, if we can get this continuing resolution that we passed in agree here that we want to pass legisla- economy growing again, what is it that the House, meaning they’re not even tion that will help the private sector would allow you to expand? And so I’m going to take an up-or-down vote on grow and create jobs, no question. No excited to share with the Congress, my this, and ultimately passed something question. We’ve passed a number of colleagues, ideas that job creators in much different. those here, and we’re willing to work Colorado have about what it would We are asking our friends on the on more. What we need is the Senate to take to get their businesses hiring other side of the aisle in the Senate actually take up some of the stuff that again. and the White House to have a con- we’ve passed, because I’ll just say this: An independent consultant and busi- versation with us. We have passed all I’ve talked to a lot of job creators in ness owner had this to say in response of these bills that will lift the heavy the Second Congressional District of to our ‘‘One More Job’’ initiative: hand of government off of the very job Arkansas, which is basically central ‘‘As a startup consultant and owner creators in this country; and we just Arkansas, with Little Rock at the core, of my own business, I see the day-to- want an opportunity to debate and and a lot of them, they have money to day regulatory burdens and uncertain- then find where we do share that com- invest and expand and create jobs, but ties that many employers, both small mon ground, again, without ever com- they’re holding on to it. Why? Because and large, face. It seems to me that promising our core conservative prin- they’re uncertain about the future. small businesses, including high-tech ciples. They don’t have confidence in the di- startups, are operating on the edge of Thank you again to the gentleman rection of this country. They’re wor- knowing. They operate month to from Arkansas. I really appreciate the ried. month or even day to day only to find opportunity to spend this hour with So businesses, job creators do what out that a government fee or regula- you. families do. They hold tightly to their tion or tax threatens to close their Mr. GRIFFIN of Arkansas. I would money, save up, hoping that things will doors.’’ like to say a few things, if I could, get better, hoping that they will gain We have a kerfuffle every day on this about the President’s so-called jobs some confidence in the direction of the floor about what it will take to move bill. country so that they can then spend this economy forward, about what it’s We’ve heard about the desire for bi- that money to expand a plant and hire going to take to start creating jobs partisanship. We’ve heard about the de- more people and what have you. again. Let’s listen to a car dealer. sire to work together and find common So what makes them uncertain? Tourism. Many jobs here. Build a strat- ground. Well, not too long ago, the What makes them worried? Well, what egy of promoting the State’s beauty on President visited us here in the House. I hear is overregulation, the need for a consistent basis. I’m glad to say that He spoke from the podium and he tax reform so that we can be competi- last night this body, the House of Rep- talked about his new jobs bill. Well, he tive with other countries, the health resentatives, passed a bill to increase didn’t talk about finding common care bill that passed last year. That’s the opportunity for tourism in Colo- ground. He didn’t really talk about rado around our ski resorts, our ski got a bunch of folks worried because meeting us halfway, finding areas we they don’t know what the impact is slopes in Colorado, the opportunity to could agree on. He just said, Pass my not just generate jobs during the ski going to be. The Dodd-Frank bill is ab- bill; pass it as it is. Then he ran around solutely killing our small town com- season itself, but to allow off-season the country saying, Pass my bill; pass uses, multiple seasons of use, zip lines, munity banks that are a critical source it as it is. Well, at that time there of credit for small businesses and fami- alpine slides, creating jobs in tourism wasn’t even a bill here in the House to in Colorado. This body passed that bill lies. They’re worried to death. All of pass. And when we finally did get the this stuff. And let’s not leave out the last night. I hope the Senate will pass text of it, we saw that it certainly it soon so that we can start creating debt. didn’t reflect bipartisan agreement, People are concerned about the debt jobs. certainly didn’t reflect meeting half- When I hear from my colleagues because the national debt affects the way. It was stimulus 2, stimulus the se- around Washington, D.C., around the markets. It affects interest rates. It af- quel, and we know how ineffective the country saying that the House of Rep- fects the value of our currency. And first stimulus was. resentatives hasn’t passed a jobs bill, folks see what’s going on in Europe and I’m here to work with other folks, we passed the Jobs and Energy Permit- they say, man, if we don’t get this find areas where we can agree and ting Act. That would create 54,000 jobs. under control, we’re next. move forward. But there hasn’t been a Last night, we passed a bill that would shortage of bills and legislation passed b 1600 add to tourism jobs in Colorado, across in this House. As we talked about ear- All of that, all of those different con- the State, across the country. And so lier, we’ve passed bill after bill after cerns, those worries, add to the uncer- we are passing these bills. They need to bill that will help create an environ- tainty. move through the Senate. They need to ment in this country where the private I yield to the gentleman from Colo- be signed by the President. The fact is we’ve got a lot of work to sector will want to do business and rado. be done, and I thank the gentleman grow jobs. Mr. GARDNER. I thank the gen- from Arkansas for allowing us to be When the President’s bill finally got tleman from Arkansas. here today to share that message. here, the so-called jobs plan, we found And to your point, what you are talk- Mr. GRIFFIN of Arkansas. I yield to out there are not even enough Demo- ing about, the direct consequences that the gentlelady from Alabama. crats to pass it in the Senate. I see just legislation and regulation is having on Mrs. ROBY. The only other thing a few minutes ago the Republican lead- job creators throughout the United that I would have to offer is to say er in the Senate wanted to have an im- States. In another email that I got that, as we move forward in the coming mediate vote on the President’s jobs from a business owner in Longmont, months and weeks, we’ve got to find bill, and he has been blocked. He has Colorado, he makes comments about common ground, but we do not have to been blocked by the Democrat major- how the Dodd-Frank bill is affecting forfeit our principles in doing so. We ity leader in the Senate. He doesn’t his business. And he ends his comments stand by the things that conservatives want to allow a vote on the President’s with this, ‘‘Right now, Dodd-Frank ap- stand by. It’s a three-legged stool: jobs bill. I suspect that has something pears to have completely killed my We’re fiscally responsible, we’re so- to do with the fact that most of the business.’’ cially conservative, and we are pro- Democrats over there aren’t going to We dealt earlier today and we will military, pro-defense. And we can still vote for it either. They didn’t just get continue to deal with the Cement stand on that stool but yet continue to here. They were around when the last MACT rule that talks about what we’re seek opportunities to find common stimulus passed and they realize how going to do to basic manufacturing ele- ground. ineffective it was. And so the President ments in our country when it comes to The problem is that the Senate is not can’t even convince his own party to cement. If we are going to pave the even having this conversation. We support his so-called jobs bill. road to a better economy, we’d better

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.072 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6544 CONGRESSIONAL RECORD — HOUSE October 4, 2011 not do it without cement because this gan joined us today. Even though we eral coffers, and that’s because more government is about to say, No more may disagree on many things, there is people are going to work, which means cement in this country. common ground there. He recognized more people are paying taxes. So if we So I thank the gentleman from Ar- that lower taxes creates a business cli- want to reduce our debt and put our kansas for his passion for job creators mate upon which entrepreneurs can people back to work, let’s focus on in this country. put people back to work. We’re all try- policies that grow our economy. When Mr. GRIFFIN of Arkansas. I think ing to achieve the same goal. Now it’s we grow our economy, more money you were there yesterday when we had time to have the Senate and the Presi- comes into the Federal coffers, and a visit from some folks in the cement/ dent engage with the American people more people are working, supporting concrete industry. I was taught yester- in an open and honest fashion and deal their families, and paying taxes. Those day the difference between cement and with these issues once and for all. Be- are the policies that we’re advocating concrete. Cement is what we use to cre- cause if we continue to play the poli- for here in this House. ate concrete. And he sat there, and he tics of yesterday, then America’s Mr. GRIFFIN of Arkansas. I thank said, Look, I’ve got a lot of employees. brightest days are behind her. And to the gentleman. I want to hire more. I want to grow. me, that is unacceptable. And I know I yield to the gentleman from Kan- But this regulation, this Cement MACT to all my colleagues here today, that is sas. regulation is going to kill a lot of our also unacceptable to them. Mr. YODER. I appreciate the gen- businesses because it’s going to set a Mr. GRIFFIN of Arkansas. I appre- tleman from Arkansas yielding to me. standard way beyond the European ciate it. I have been watching this debate as I yield to the gentleman from Wis- standard, and it’s going to set a regu- we discuss what are, to most people, consin. latory standard that our businesses commonsense American values. Hard Mr. DUFFY. Thank you. cannot meet no matter how much they work, a free enterprise system, and op- spend. I think he mentioned that one I think we all come to this House in an effort to grow the economy and portunity for all, the American system company had spent $20 million trying we all believe in that made our country to comply, trying to tighten up their make sure we create policies that are going to help create jobs. We don’t care so great, one of the most prosperous operations to meet some of these regu- nations in history, the most prosperous lations. He even said, This regulation if it’s a Republican or a Democrat idea. We just want ideas that are going to nation in the world. And we see it is so stringent, you can’t even measure being threatened every day by policies what the EPA is trying to achieve. It’s work. So the partisanship goes away. It’s ideas that put our families back to that are coming out of Washington, beyond our ability to measure. DC. It is heartache for a lot of us be- It’s not that these guys are against work. cause we see the very principles that regulations. He said in our meeting, I want to talk about taxes though, built this country being threatened in We’ve been regulated for years. We’re quickly, because I think there has been this very process. going to continue to be regulated, and an engagement in class warfare. And I we’re cool with that. We get that. We know the President, he talks about So I’m pleased that the gentleman understand that. But this type of regu- taxing millionaires and billionaires, from Arkansas, the gentleman from lation will put us out of business, and corporate jet owners, and big oil com- Wisconsin, and the gentleman from the only people making cement will be panies. I don’t have those people, real- Colorado are all arguing so passion- elsewhere. He said, The cement busi- ly, in my district. I come from small- ately today for what they see as the fu- ness is growing big time in China, and town America. And he talks about tax- ture of the United States of America. I to compete, we’ve got to have common- ing those people. But what he leaves think one of the things that confuses a sense regulation. out is, he’s here to tax the small busi- lot of folks back home is they see both I yield to the gentleman from Colo- nessman, the small manufacturer, the sides of this debate on the floor saying, rado. people who are making $200,000 to we’re all for jobs. In fact, some people Mr. GARDNER. I think in that same $250,000 a year. Those are the business- just come down and repeat it, Jobs, conversation we talked about an edi- men and -women in my community jobs, jobs. They say, Where are the torial or an op-ed piece that was writ- that own the small manufacturing jobs? And we just keep saying ‘‘jobs’’ ten by Charles Schwab, a very well re- shops that employ 10 people to 100 peo- over and over again as if that’s some- spected voice when it comes to the ple. Those are the people that are look- how miraculously going to get the pri- economy in this country. In The Wall ing for access to capital to grow their vate sector to start creating jobs Street Journal editorial, it said basi- businesses that are going to put our again. cally this, a quote from Charles hardworking families back to work. They have come up with Washington Schwab, What we can do and abso- And those are the people that are going solutions: borrowing and spending, cre- lutely must is knock down all hurdles to pay the brunt of these tax increases ating jobs in Washington, DC. And that create disincentives for invest- that the President is talking about. So, what we know is that jobs aren’t cre- ment in business. And that’s exactly you know what? The billionaires, I ated here in Washington; they are cre- what you were talking about in terms don’t care. But I do care about the job ated at home by small business owners. of making sure businesses have the creators in my community, in the dis- They are created through the free en- ability to grow and have the govern- trict that I represent that are going to terprise system. That’s what made our ment getting out of the way. be hit by his proposed tax increases. country great. Mr. GRIFFIN of Arkansas. I yield We all come to this House floor and But I think the reason this debate is now to the gentleman from New York. we talk about debt reduction and job so challenging and the reason that Mr. REED. I thank the gentleman growth. There is a simple point I want we’re having such a hard time getting from Arkansas. And I simply wanted to to make here. If you look back at 1955, the sides to agree and the two Cham- end this conversation with, as I get the top tax rate was around 90 percent. bers to agree and the President to ready to leave and as our colleague In the Reagan years, it was around 25 agree is because we have different prin- from Kansas has joined us—I think the percent. From 90 to 25 percent, a great ciples by which we are arguing this de- gentlelady from Alabama said it best. span of tax rates. What’s unique is that bate. I want to lay out a couple of very We came here as a new breed of elected no matter what the tax rate is, the commonsense principles that I wish official, part of this freshman class. We Federal Government continuously this Congress could agree to and this are not here to compromise our prin- brings in about 19 to 20 percent of rev- government could agree to so that we ciples, but we’re here to govern respon- enue, as it relates to the size of the could move forward with job creation. sibly. economy or GDP. Tax rate increases The first one is, regulations don’t cre- Mr. GRIFFIN of Arkansas. Get things don’t actually bring in more revenue. ate jobs. And if we could get this body done. But if you want to look at what brings to simply agree that regulations don’t Mr. REED. Get things done. And we in more revenue to the Federal coffers create jobs, we would be moving a long can do that. That’s why I was so it’s economic growth. When GDP way down the path toward job cre- pleased that our colleague from Michi- grows, so too does revenue to the Fed- ation.

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.074 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6545 Mr. GRIFFIN of Arkansas. Can I tem. And folks come down here and Mr. GRIFFIN of Arkansas. I would interject that overregulation kills argue, Hey, these regulations are good make a quick point on that if I could. jobs? for jobs. Hey, these new tax increases, Some folks who want to invest, Mr. YODER. That’s absolutely cor- that’s good to create jobs. We’re not they’ve had the dream all of their life rect. going to get the free enterprise system to create a small business, a little So the regulations we’re putting for- going while we’re smacking them down shop, maybe it’s a bike shop, but to ward, not only do they not create jobs, with new taxes and new regulations create that business. A lot of them are but the gentleman from Arkansas is every day. going to look at the metaphorical race, correct, they kill jobs. But yet I hear I appreciate the gentleman from Ar- see the obstacles, and refuse to enter folks on this House floor, I see folks on kansas, the gentleman from Colorado the race. the left, I see folks in the media argu- and others down here having this de- The SPEAKER pro tempore (Mr. ing repeatedly that these regulations bate, because it is essential to what it CANSECO). The time of the gentleman are actually good for business. means to be an American in this free has expired. In fact, Robert Reich argued earlier enterprise system we all believe in. Mr. GRIFFIN of Arkansas. I thank this year, he said, There’s no necessary Mr. GRIFFIN of Arkansas. I thank the Speaker, and I thank the gentle- tradeoff between regulations and jobs. the gentleman. men for joining me tonight here on the In fact, regulations that are designed I want to use a little analogy and floor. well can generate innovation as compa- have a little fun here for a second. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nies compete to find the most efficient If you have two runners and they’re The SPEAKER pro tempore. The solutions. And innovations can lead to lined up ready to race and one runner Chair is prepared to recognize a mem- more jobs as they spawn new products is simply going to run straight to the ber of the minority party for 30 min- and industries. finish line and the other runner has to utes. run through an obstacle course, who do f b 1610 you think is going to win? I think we THE PRESIDENT’S AMERICAN JOBS Regulations don’t create innovation. would all agree that the one who’s just ACT Regulations don’t create jobs. They are going to run straight, not going to a job killer. This is a commonsense have to jump over anything, not going The SPEAKER pro tempore. Under principle that I know a majority of to have to swim or climb a rope or the Speaker’s announced policy of Jan- Americans agree with, and it’s one that whatever, go through tires, just run uary 5, 2011, the gentleman from Texas is completely refuted day after day on straight to the finish line, that runner (Mr. GOHMERT) is recognized for 30 min- utes. this House floor. If we can come to an is going to have a big advantage over Mr. GOHMERT. Thank you, Mr. agreement that regulations don’t cre- the other runner. The other runner is ate jobs, we can get somewhere. Speaker. going to have to climb a rope, go over I appreciate the opportunity to speak One of the reasons we don’t, and a wall, go through the tires, do all the here today, and I certainly appreciate you’ve been debating that this after- things that you do in an obstacle my friends enlightening the Chamber noon, is because they create additional course. and those that may be prone to listen- burdens, additional hoops and addi- The obstacle course, that’s regula- ing. tional challenges for small business tion. We need basic, fundamental regu- I want to add a little bit to the en- owners that we’re expecting to create lation to keep us safe, keep our kids lightenment, as we’ve seen that the two-thirds of the jobs in this country. safe. I understand that. But that shows President is out there. And here is an In fact, just for fun, I brought down the you what we’re dealing with. You’ve article from the AP, dated October 4, stack of rules and regulations that got some countries who have little or saying that President Barack Obama is have come out just in the last week. no regulations, so their runners are criticizing House Majority Leader ERIC Every day, our small business owners just running down that track straight, CANTOR for saying the President’s $447 have to deal with another one of these. unimpeded. We’re putting up walls for billion jobs bill will not get a vote in Another one of these. Every day. ours, and then we wonder, Why can’t its entirety in the Republican-led There’s last Tuesday; there’s last we compete? Why aren’t people invest- House. The President singled out Mr. Wednesday; there’s last Thursday; ing? Why aren’t they creating jobs in CANTOR. According to the article, it there’s last Friday—a pile of new rules the private sector? Well, it has a lot to says, ‘‘ ‘I’d like Mr. CANTOR to come and regulations for business owners. do with Washington, DC., my friend. down here to Dallas and explain what Even if they don’t affect them, they I yield to the gentleman from Colo- in this jobs bill he doesn’t believe in,’ still need to read them and follow them rado. Obama said in remarks prepared for de- and hire folks to be able to respond to Mr. GARDNER. My colleague from livery Tuesday at a Texas community them. You talk to folks at home, you Arkansas has a great point, that stee- college.’’ say, Are you creating jobs? Are you plechase economics will not work. It’s And as we know, the President would hiring new folks? They say, We are hir- when you remove the barriers, it’s have been reading those remarks, be- ing a few folks in the compliance de- when you get things out of the way of cause he wouldn’t want to stray far partment. So yes, you might create a this economy to grow, that’s when we from the teleprompter with remarks. new job, but you’re killing the jobs in can create jobs. But if you’re making We’ve seen what happens on those oc- innovation, entrepreneurship, and free people jump over walls and through casions, and it isn’t pretty. enterprise. water hazards, again, steeplechase eco- The article goes on: The other principle I want to leave nomics have proven time and time ‘‘Three weeks after Obama sent the with the folks here is that taxes don’t again that they are failures. legislation to Congress, the proposal create jobs. Taxing and spending Our colleague from Kansas has shown has run into resistance from Repub- doesn’t create wealth. That is some- a great visual aid of what every busi- licans and even some Democrats.’’ thing that is in dispute on this House ness owner in this country is facing See, the article’s not quite accurate floor. If we could get an agreement when it comes to their own business, on that, because we know that the with both parties that regulations when it comes to creating jobs, when President came in here, in this very don’t create jobs and taxing and spend- they have to decide where they’re body after he demanded to come speak, ing doesn’t create jobs, we would be going to invest their hard-earned cap- which requires an invitation. You can’t going a long way to solving this de- ital. They’ve got to go through pages just come speak on the House floor un- bate. and pages and volumes and volumes of less you’re recognized by the Speaker, So when folks at home wonder, Why tax codes and regulatory decisions and you’re a Member of the House, or if the are they arguing so much? Why can’t court decisions about what it is they House votes to allow someone to come they ever get anything done? Why can or cannot do in their business, in who’s not a Member. aren’t they moving forward? Because making this economy so that it actu- Some people are surprised when they we’re debating basic commonsense ally is unable to unleash the come in, Mr. Speaker, that the Presi- principles of the free enterprise sys- innovators and entrepreneurs. dent’s not up there where you are, but

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.075 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6546 CONGRESSIONAL RECORD — HOUSE October 4, 2011 the rules make it very clear. This is now until we get out from under this believe I can prove the President is not the people’s House. The President can debt. a liar. Absolutely not. only come, just like any other leader The Bible talks very clearly about He gave that speech in here on that’s invited, for instance, Prime Min- what happens when you allow some- Thursday night. The next day, he’s on ister Netanyahu. They speak from the body to own your debt. Basically, you the road condemning Congress for not second podium because they’re invited become a slave to them. So I’m looking passing his bill. There was no bill yet. guests. forward to the day we don’t owe China Saturday, he’s on the road condemning Well, now, it’s a little bit rude to de- and we don’t owe foreign countries, the Congress for not passing his bill. mand to come speak in someone’s day we get out of debt because we bal- There’s no bill. He was still keeping house, and then you come in there and ance our budget; and it looks like it that up all day Monday. Well, it wasn’t lecture them and you state things like will take a balanced budget amend- until Monday that his bill got finished. repeatedly saying, You’ve got to pass ment to do that. There’s no way he could keep giving this bill right away, right now; pass In the meantime, there is no treaty those speeches every single day all over this bill, this bill, and it turns out you that would be violated, no trade agree- the country and have had the 6 or 7 didn’t even have a bill. You had the ment, no court order anywhere in the hours I did between 11 p.m. to 5 or 6 gall to come in here and demand we world that would prevent us from a.m.—I’ve said five, but I was still pass a bill and you haven’t even got a eliminating the 35 percent tariff that going awhile—but at least the 6 hours bill? we put on all American-made goods be- that I took the night the bill came out And then on Friday, the President fore they’re able to sell them abroad. to go through his bill. He hadn’t had hit the campaign trail. Well, maybe It’s called a 35 percent corporate tax, that time. There’s no way the Presi- not the campaign trail, but whatever the largest corporate tax in the world. dent could work that 6-hour schedule, you want to call it. He was out there It’s the number one reason that I’ve or time in his schedule, to go through spending millions and millions and heard from CEOs as to why they moved the bill like I did. There’s no way to millions of dollars to go to different their businesses to other countries. condemn the President for not knowing places around the country and demand So my two-page bill, the American what’s in his bill when he hasn’t had we pass this bill. Tell Congress, pass Jobs Act—and I do appreciate the time, when he’s been too busy con- my bill, and he didn’t have a bill. President promoting the American demning Congress for not passing it. Saturday, Sunday, he’s out there say- Jobs Act; that’s my bill—reduces the 35 How could he know what was in it? ing, Pass my bill right now, pass it percent corporate tax to zero. Now, Then today, of course, we see the right away. People, go to work imme- there are some people who never really President’s knocking the GOP leader- diately. Never mind that he had to got economics, and they don’t under- ship, and he’s telling people on the take a vacation before he could get stand the way the real world works. campaign trail—let’s see. This is an ar- around to producing a bill that was They think the real world works like ticle from Yahoo! News, by Chris that important. Never mind that he’s CBO’s archaic rules that say you can’t Moody: going around telling everybody, We take actual historic precedent to figure President Obama is in Dallas today, urging should make Congress pass a bill that out what effect a bill will have. Americans who support the American Jobs doesn’t exist. Never mind even if the same result Act to demand that Congress pass it already. always occurs after a certain thing is Though it’s been nearly a month since he b 1620 done, you can’t consider that because laid out this plan, House Republicans On Monday, I was a little bothered the 1974 liberal Congress that ran us haven’t acted to pass it, and House Majority we were being condemned for not pass- out of Vietnam and left all our allies Leader Eric Cantor is out there actually ing a bill that didn’t exist. So we were bragging that they won’t even put the jobs there to be killed by our enemies put in package up for a vote—ever. pushing to try to get a copy of this the rules for CBO to score bills. So you It’s not clear which part of the bill they phantom bill. Late that afternoon, we don’t get a fair look at what really now object to—building roads, hiring teach- finally got a copy emailed. I printed it happens with CBO rules, and there are ers, getting veterans back to work. They’re out that Monday night at around 11 some people who think those rules are willing to block the American Jobs Act, and p.m., and I started going through the the way you have to look at things. they think you won’t do anything about it. President’s bill. The fact is, if you reduced the cor- Apparently, those are the President’s Now, by Wednesday, when no bill was porate tax, especially to zero, jobs words, according to the article, the filed and when the President was still would come flooding back into Amer- best I understand this. Oh, this was the running around spending millions of ica. President’s reelection campaign that taxpayer dollars, condemning Congress Now, I would think unions would love sent out an email blasting House Re- for not passing his bill when he was so this bill. If you really want union jobs publicans for not voting on the pro- busy out there telling people to make back in America; if you’re really will- posal. Congress ‘‘pass my bill,’’ he forgot to ing to say, you know what, forget this It’s just been in the last hour, while have anybody file the bill. For 6 days, business about America being nothing the President is condemning Repub- we were condemned here in this Cham- but a service economy, we really want licans for not passing his bill, that Sen- ber for not passing the President’s bill. manufacturing jobs back, then elimi- ate Minority Leader MITCH MCCON- He was so busy condemning Congress nate the 35 percent insidious tariff we NELL, Republican of Kentucky, tried to for not passing his bill that he forgot put on American-made goods before force a vote on the President’s plan in to ask somebody to file it for him. they can be sold abroad. the upper Chamber on Tuesday after- By Wednesday, I got tired of being As I’ve said here on the floor, I’m noon; but REID used a procedural tactic condemned for not passing the Amer- willing to negotiate, to be bipartisan. to block the bill from coming to the ican Jobs Act, so I filed an American If the President can’t bring himself to floor. He called the Republicans’ insist- Jobs Act. Mine’s two pages. It’s H.R. get to zero, then let’s negotiate some- ence on a vote a ‘‘publicity stunt.’’ So 2911. It would create more jobs in where in between. We could do that. the President hasn’t had time to read America than anything that the Presi- Herman Cain is talking about 9 per- the bill. He hasn’t had time to find out dent has ever even talked about be- cent. But then we have the President who was really blocking his bill. Well, cause, though you have businessmen out there demanding that we pass his it turns out it’s really HARRY REID in who are very successful, like Donald bill. Then he’s saying things about it the Senate. Trump, saying we ought to slap a 25 that simply are not factual, not factual Based on the things the President percent tariff on everything we buy at all. I know, because I read the bill. has said, I know he hasn’t read this, be- from China, that starts a trade war. I’m very irritated with people who cause I know the President would not I’m sure we don’t win. I don’t think think the President’s lying about his be dishonest. When he’s out there and China wins. I don’t think anybody bill, because I believe I can prove he’s has repeatedly said that we’re going to wins. It would be messy. China owns so not lying about his bill. He doesn’t make millionaires and billionaires pay much of our debt, unfortunately, that know what’s in his bill. You can’t lie their fair share, I know he wouldn’t go it’s probably not a smart move right about something you don’t know, and I out there and say that if he knew the

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.077 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6547 truth about what was in his bill, be- stroy, takes a shot at traditional, con- Anyway, if you’ll double-check, cause in his bill at pages 134 and 135, it ventional marriage. you’ll find, Mr. Speaker, that page 40, gives the definition of who’s rich and Then there is an additional AMT whoever wrote this bill thinks Fannie who’s going to get it socked to him. amount. That’s subsection c, because if Mae and Freddie Mac were a wonderful, The President has been saying re- you are a millionaire or a billionaire, wonderful thing. The Federal Govern- peatedly ‘‘millionaire and billionaire’’; which means you make more than ment, insuring all these home loans but bless his heart, if he had time to $125,000 and you’re married, there is an and, then, of course, we pass laws. read the bill—and I hope somebody will extra penalty for you that the Presi- I do remember our friend from Mas- carve out some time for him to do that. dent’s got waiting for you in his so- sachusetts (Mr. FRANK) assuring every- I know his speech schedule out there of called jobs bill. body that they’re in good shape, not a condemning Congress has kept him I don’t know if he’s aware—I just problem. It turned out they weren’t in tied up—but if they could work in some don’t see how he could be because he’s good shape. He didn’t know. Mr. FRANK time for him to read his own bill and been so busy out making speeches ev- wouldn’t come down here and misrepre- just stop condemning Congress for just erywhere. But if you were to look, Mr. sent something like that, I know. He a little bit and if he has enough time to Speaker, at the stuff in here, well, he wouldn’t. He just didn’t know, just like get to page 135, he’ll find out that the says it’s about jobs; so I bet the Presi- the President has no clue what all is in people he’s going after that he says are dent does not know that here at page this bill. millionaires and billionaires in his 75, we’ve got a new Federal entity, al- But if he’ll check at the bottom of bill—and it’s not a jobs bill. though it’s defined on page 76 as a pri- page 40, he’ll find the American Infra- vate, nonprofit corporation, called the b 1630 structure Financing Authority says it’s Public Safety Broadband Corporation, established as a wholly owned govern- Since I have used the name that the because this President believes there is ment corporation. So if you like President was originally plugging, I danger in people having broadband in Fannie Mae and Freddie Mac, you think his bill would be better called their home. think they’ve done a great job, you’re ‘‘the saving Obama’s job bill.’’ Can you really trust the American going to love this bill. It’s like both of But that may not be fair either be- people? It has to be the theme of this them combined, exponentially in- cause if people really find out what’s in part of the President’s so-called jobs creased and put on steroids. Because this bill, I don’t think they would be bill. Apparently, he thinks there’s a we know houses, compared to infra- very happy. I’m not sure it saves his public safety threat in broadband that structure, don’t cost all that much. job. people have coming into their home But, boy, you compare them to infra- But he defines millionaire and bil- and business. So he’s created this pri- structure, man. lionaire—right here on page 135—as vate, nonprofit corporation. This has to be the thinking of who- any taxpayer whose adjusted gross in- You might say, well, good, thank ever put this bill together, and I know come is above $125,000 in the case of a goodness it’s not government; it’s a it wasn’t the President because he married filing separately return, and private nonprofit corporation that will couldn’t have put this together and that’s $250,000 in the case of a joint re- control everybody’s broadband. Good gone around telling people things that turn, married filing jointly. news, is it? are in it, not knowing this kind of stuff And here again this may be some- Because when you look down at sec- that is in it. But the American Infra- thing nice he’s throwing out for gay tion 285, halfway down page 76, you see structure Financing Authority—and we folks that are living together, so he who’s on the board of directors. And could do that like we did the flood in- can tell them actually you’re better off even though it’s a private, nonprofit surance. You know, the Federal Gov- not getting married, because there’s corporation, the board of directors is ernment says, well, we need a Federal some marriage penalty here. If you’re comprised of—the Federal members are player in the insurance business; so we the head of a single household, you’ve the Secretary of Commerce, the Sec- provided a Federal option. got an exemption of $225,000; all other retary of Homeland Security, Attorney Well, guess what, the Federal Gov- cases, $200,000. General of the United States, the Di- ernment runs in the red on the flood So it really penalizes married indi- rector of the Office of Management and insurance. Private companies can’t viduals and, apparently, according to Budget. I believe those are all ap- keep up with that, and so insurance this bill, a millionaire or a billionaire pointed by the President. How about companies quit providing flood insur- is somebody who makes $125,000. that? But it’s a private, nonprofit cor- ance in those parts and the Federal But if you think this is good news, if poration; so surely the Federal Govern- Government became the insurer. you want to get divorced, it is good ment wouldn’t try to control it. It’s the same way with student loans. news for you because if you’re married But the Secretary of Commerce, in Banks, other lending institutions could and you’re filing a joint return, you get consultation with the Secretary of lend money for student loans, and they a $250,000 exemption. Or if you’re mar- Homeland Security and Attorney Gen- were backed by the government. But ried and filing singly, you get a $125,000 eral, shall appoint 11 other individuals under Speaker PELOSI and this Presi- exemption. The good news is, if you’re who serve as non-Federal members of dent, HARRY REID, the Federal Govern- thinking about divorce, you can actu- the board. ment decided we’re going to take over ally get divorced and have a $75,000 to Well, isn’t that happy news? They’re all the student loans. $100,000 higher exemption if you’ll just not really Federal even though the get divorced, and you can even live to- President’s appointees are the ones b 1640 gether. This is the President’s pro- that will be on the board with these Well, that creates a concern for some posal: live together and you get a folks. They’ll owe their appointment to because if you’re as outspoken as some whole lot more of an exemption than if them. of us are, I’m just grateful my daugh- you’re married. But it’s just interesting. I bet the ter has just finished her college degree Now, of course, the Founders, they President has no idea. And, of course, I so I won’t have to come begging to the all understood marriage to be between know the President’s aware of what a President for a student loan so my a man and a woman, and that’s the way fiasco to our Federal budget Fannie children can go to college. Is that what the history of the country has been. Mae and Freddie Mac have been and we want? Is that where we want the in- Study after study has shown that the the danger that it posed to our Federal frastructure financing to go? Every odds are children will be better ad- economic system. Well, he’s probably school district, town, county, State has justed if they have the two-parent not aware that in here his bill cre- to come begging to the Federal Govern- home, the traditional two-parent ates—I’m sure there’s no way he could ment because we run everybody else home. Obviously, there’s some homes know what’s in this bill. He’s too busy out of business, like we did student that aren’t good and children are not running around condemning us for not loans and flood insurance? well served there. But this President, passing it. There’s no way he could Surely the President doesn’t know by virtue of the power as the old say- have spent 6 hours reading this, 6 to 7 this is in here. This is not a jobs bill; ing, the power to tax, the power to de- hours, like I did. it’s a government takeover. Same with

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.079 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6548 CONGRESSIONAL RECORD — HOUSE October 4, 2011 the public safety broad band authority a great article from the Atlanta Jour- your refrigerator, your stove, your or corporation. nal Constitution. This is one of the dia- dishwasher, your television. Maybe you I bet a lot of folks don’t know about grams. It shows who really increased have a bedroom on the first floor—your the short time compensation program. the debt. We know from the Constitu- mattress, your dresser. Then think of It’s a new program, never created be- tion that it is the Congress that holds everything you have in your base- fore, but it’s in the President’s bill. the purse strings. So really the one re- ment—a washer, a drier, your furnace, The participation, it says, is involun- sponsible, most responsible, is the Con- your hot water heater, your winter tary. But if an employer under this gress. And who’s most responsible, the clothing. Now imagine all of that on program reduces hours worked by em- biggest, most powerful body is con- the sidewalk ready for a dumpster be- ployees instead of laying them off, and trolled by the Speaker; you, Mr. Speak- cause it is soaked with river water. It’s that’s anybody who has been reduced er—that is while you’re pro tempore. dirty with river mud. And it’s contami- by at least 10 percent, then it says This shows the increase in debt as a nated by whatever else flowed into the they’re eligible for unemployment percentage of GDP. And we see what river when the water rose. compensation. It gives out the terms happened under Speaker O’Neill. We But go beyond these possessions. for that. I bet the President doesn’t see what happened under Speaker Jim Think of photographs on your walls know that’s in there. Wright. Didn’t really increase much in and on your end tables. Think of your Now I have to agree with him, it is a debt as a percentage of GDP. Under children’s toys in the basement. Think jobs bill for plaintiff’s lawyers because Speaker Foley, it increased a great of the mementos, family treasures we have seen over and over a lot of deal. And actually under Speaker Ging- handed down to you by your parents states doing tort reform. It’s more and rich and Speaker Hastert, debt as a and your grandparents. Now imagine more difficult to sue people. So we percentage of GDP, it went way down. all of that on the sidewalk, too. But have got a new program here that will And then we got the last 4 years with it’s not just your house. It’s your help with lawyers that are out of work Speaker PELOSI, and it went through neighbor’s house next door and the because here in the bill, we’ve created the roof like has never happened in this house across the street, and all of those a new class of protected individuals. So country’s history. houses up and down your street. Imag- if you’re unemployed and you get laid Well, I hope I have provided an ade- ine entire neighborhoods—block after off, you ought to see a lawyer if you quate defense to those who would say block of destruction. And imagine the feel like you weren’t hired because that the President is misrepresented smell of it—wet fabric, spoiled food, you’re unemployed, because you can because I think I’ve got proof. The spilled fuel oil, raw sewage, and mud. sue. You can file a claim, at least, President didn’t lie about any of this Mud 2 feet deep in basements and cov- against the employer that didn’t hire stuff. He hasn’t had time to read it. He ering lawns and filling swimming you. doesn’t know what’s in it. I hope and pools. Now, a practical look at that provi- pray that he’ll take the time to do that That is what I experienced. That is sion, allowing employers to be sued if so he can accurately represent the sav- what my constituents experienced. It’s they fail to hire someone who is unem- ing Obama’s job bill, and I appreciate what they’re continuing to cope with ployed, would make employers—I’ve al- the President’s support for the Amer- as they try to rebuild. ready heard from them—if that ends up ican Jobs Act, which bill is mine. I will never forget standing in a ru- in the law, I’m not going to be hiring I yield back the balance of my time. ined living room with a woman in West anybody. I can’t take a chance on f Nanticoke. Most of her belongings were being sued or having claims filed piled on the street in front of her FLOODS DEVASTATE against me. If five people unemployed home. She wept as she told me that PENNSYLVANIA come in, four of them don’t get the job both her husband and son died in the and they all four file claims against The SPEAKER pro tempore. Under last 6 months. During this flooding, she me, I can’t afford that. the Speaker’s announced policy of Jan- lost almost everything she owned. So I think once the President ever uary 5, 2011, the gentleman from Penn- Think about that. She lost her hus- gets to look at his bill, then he’ll un- sylvania (Mr. BARLETTA) is recognized band. She lost her son. She lost most of derstand this is not what he’s thinking for 30 minutes. her belongings. She lost her home. All it is. Mr. BARLETTA. Mr. Speaker, on in 6 months. The loss is just incredible. And, of course, he’s promised Amer- September 7, 8, and 9, the Susquehanna I’ve seen children console their par- ica we’re going after major oil compa- River and some of its tributaries, swol- ents, saying, Mommy, don’t cry. nies. There is no way this President len by the remnants of Tropical Storm In Shickshinny, a mother pointed to could know that page 151–154, the part Lee, overflowed their banks. This hap- a leather jacket and remembered the that goes after oil companies, will not pened shortly after northeastern Penn- first time her daughter wore it. She affect his friends at British Petroleum, sylvania was soaked by Hurricane broke down as she told me she hoped Exxon, Shell. They won’t be affected Irene, which brought local rivers and her grandchild would wear it some day. because the most important deductions creeks to their banks. So when Trop- It, too, was ruined and had to be that are repealed here are only for ical Storm Lee moved in over my dis- thrown away. smaller producers, the independent trict, the results were catastrophic. In producers who drill 94 percent of all the some communities, the floodwaters b 1650 oil and gas wells on the land of the con- came quickly. Creeks raged out of con- An old black-and-white photograph tinental U.S. There’s no way he could trol. Homes were swept off their foun- of a woman sat on a pile of belongings know that, even if he read this, unless dations and toppled into muddy pits. in front of a home in West Pittston. he really understood the oil and gas in- Roads were washed away. The surface of the photo was covered in dustry. In other communities, the water rose muddy streaks as the owner tried to So what he’ll do, he drives up the more slowly, but it did no less damage. save it. But she couldn’t save it from capital for companies trying to drill I was there in the town of Duryea, the mud. It had to be thrown away. An- wells, and this will be a disaster unless Pennsylvania, when the Lackawanna other memory lost. you’re a major oil company, in which River topped the small levee and began In Bloomsburg, a family stayed in case you’ll make more profit than flooding homes. It was like watching their home to try to move their posses- you’ve ever made because you kill off someone fill an aquarium, although sions to an upper floor, but Fishing all of the independent competition. this was much, much more destructive. Creek rose too quickly. The house next That’s what his bill does, and I’m sure I spent many days in September trav- to theirs was knocked from its founda- he doesn’t know that. eling across my district to see first- tion. Water started gushing through Now, they have also been out there hand the devastation caused by this their front windows as they called for blaming Republicans for increasing the flooding. It’s hard to describe exactly help. They had to be saved by a heli- debt. This was in an article. We’ve got what it looks like. Think of everything copter. The woman there told me that it up on the House Web site so people you have on the first floor of your she could never live in that home can really see what has happened. It’s home—your couch, reclining chairs, again.

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.082 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6549 A woman near Orangeville cried as yard, we need to start rebuilding here they’re also asking what steps are she told me her neighbor’s house, car- first. Let’s help Americans first. being taken to protect them in the fu- ried by the same raging creek, smashed We must restore American lives, save ture. This is the role of the Federal into hers, demolishing a lifetime of American businesses, and protect Government. We must make sure dis- memories. American jobs. At a time when we’re so aster of this scale does not happen to An elderly man in Duryea broke focused on creating jobs and helping these people again. down as he told me how much time and businesses, the United States Small First, the Army Corps of Engineers money he put into making his house a Businesses Administration will offer must complete a comprehensive study home for his family only to see it all disaster recovery loans at 6 percent— of the Susquehanna River basin in my ruined by high water. that’s right, 6 percent—and that rate is district. After the flooding caused by In Exeter, borough officials made a if the business owners can get credit Hurricane Agnes in 1972, the Corps gut-wrenching decision. They hauled in elsewhere. That is not acceptable. built massive levees to protect the 200 truckloads of dirt and created a I talked to dozens of business owners most populated areas of the Eleventh makeshift dyke right down the middle in Luzerne and Columbia Counties who District. Those levees protected thou- of a residential street. Several dozen have lost everything: their shops, their sands of homes and businesses. But homes were saved, but dozens more inventories, their fixtures, and their many people believe they also funneled were ruined. equipment. A small business owner in walls of floodwater into unprotected Scenes like these were repeated hun- Jenkins Township said he’s not sure he areas upriver and downriver. Some of dreds, thousands of times in town after can recover after suffering more than those residents were told they didn’t town in northeastern Pennsylvania. $7 million in flood losses. He doesn’t need to buy flood insurance because If all of these damaged homes and know if he’s going to rebuild and re- they don’t live in a floodplain. As these businesses were in one city, it would open or maybe close his doors forever. people struggle to rebuild their lives make the evening news every day. But I don’t know any business owner in my today, they want to know if the flood- the damage sustained by my constitu- district who thinks a 6 percent govern- plain has changed. ents is spread out over miles of the ment disaster recovery loan will help My constituents deserve to know Susquehanna River basin. The scope of them get back on their feet. what role, if any, these new flood walls My district has one of the highest un- this damage goes far beyond what the played during this event. What is employment rates in the State and a local and State governments can fix on known is that some communities were rate higher than the national average. their own. The Federal Government devastated because they lacked ade- The people of the Eleventh District in must step in. quate flood protection. For 40 years, northeastern Pennsylvania need their Mr. Speaker, I ask, What are we the town of Bloomsburg has been ask- jobs. We can’t afford for these busi- going to do to make these people’s ing for flood protection. There is a plan nesses to close. For the SBA to offer a lives whole again? to provide it, but the Corps of Engi- ridiculously high interest rate in the Officials from the Federal Emergency neers will not fund it because it does Management Agency have told my con- name of disaster relief to these busi- ness owners is downright insulting. not meet an arbitrary benefit-to-cost stituents what they will receive for ratio, the BCR. Now, because of the their losses. It’s about what it costs for What rate do we charge foreign coun- tries when we rebuild their infrastruc- lack of adequate flood protection in an American family to buy a decent Bloomsburg, 1,000 jobs are on the verge car nowadays. That’s for all of their ture? The answer is zero. We don’t charge foreign countries any interest. of being lost. furniture. That’s for all of their Two of Columbia County’s largest clothes, for all of their treasured be- The money they receive from the United States is a giveaway. employers sit in the floodplain. When longings. For many of my constituents, Fishing Creek and the Susquehanna it’s not nearly enough. This government gave 215 million in- terest-free dollars for flood relief to River flood, these employers not only I remember standing in front of one have to shut down production, but they family’s home which had river water Pakistan, a country that harbored Osama bin Laden, and it’s charging also have to move equipment. That flowing more than a foot deep up on its costs them hundreds of thousands of second floor. Most of this family’s pos- American homeowners and American business owners interest rates on loans dollars. During this flood event, more sessions were piled on to the sidewalk. they’re using to rebuild. That’s wrong. than 6 feet of water poured through Some were dripping wet. The mother We must take a serious look at how their shops, destroying equipment and looked at her children’s toys ruined by the interest rate for SBA disaster re- inventory. At a time when we’re talk- the flood. She pointed to one little toy covery loans are calculated. That’s ing about how to create jobs, we’re not and said, How can the government put why I introduced the Disaster Loan doing enough to protect these. a price on that? My son played with Fairness Act of 2011, H.R. 3042. This bill b 1700 that. Those are memories. How can you would set the interest rate for all re- put a price on that? covery loans—home disaster loans, What is the negative benefit-to-cost She’s right. We cannot put a price business physical disaster loans, and ratio of the Bloomsburg Flood Protec- tag on memories. But the Federal Gov- economic injury disaster loans—at 1 tion project if we lose these jobs? What ernment can and should do more for percent for the life of the loan up to 30 happens to this town, this county, and our neighbors. I know that in these years. The rate would be effective for my district if we lose 1,000 jobs? That’s budget-conscious times we worry about Presidentially declared major disas- just one component to the Bloomsburg offsets to increases in any other spend- ters, and the 1 percent interest rate is project. ing. I also know we can find some du- retained merely to pay administrative This year, about one-third of the plicative program, some excessive costs for the program. buildings in that town were flooded, spending, some additional funding This bill would not cause the govern- one-third of an entire town. Worse, the somewhere in the vast Federal budget ment to spend any additional money. It Bloomsburg Fair—one of the largest and provide more help for flood vic- would mean the Federal Government economic drivers for the town, the tims. takes in less in interest from disaster county, and dozens of community and The United States of America is one recovery loans. But can anyone hon- charity groups—had to be canceled for of the most generous and compas- estly say that providing disaster recov- the first time since the Civil War due sionate countries when it comes to pro- ery loans for American homeowners to the epic flooding. viding global aid. This government has and American businesses should be a What happened to Bloomsburg could no problem sending money overseas to moneymaking operation? have been prevented. The Federal Gov- build roads, bridges, hospitals, and I strongly encourage my colleagues ernment dropped the ball. It failed to schools in foreign countries. When dis- to support H.R. 3042, the Disaster Loan protect homes and businesses. We need aster strikes anywhere in the world, Forgiveness Act. Give Americans a low to make sure that it doesn’t happen the United States is the first country interest rate and help them recover. again, not to Bloomsburg, and not to to help rebuild. But now that a disaster While my neighbors in northeastern other communities along the Susque- occurred right here in our own back- Pennsylvania recover and rebuild, hanna that need protection.

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.084 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6550 CONGRESSIONAL RECORD — HOUSE October 4, 2011 Sadly, for some of the people I’ve EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- spoken with, flood protection will ETC. cy’s final rule — National Priorities List, Final Rule No. 52 [EPA-HQ-SFUND-2002-0001; come too late. Some of my constitu- Under clause 2 of rule XIV, executive ents have told me that they will not EPA-HQ-SFUND-2010-0640 and 0641, EPA-HQ- communications were taken from the SFUND-2011-0057, 0058, 0061, 0062, 0065, 0066, move back into their homes. The great Speaker’s table and referred as follows: 0070, 0072, 0074, 0076, 0077, and 0078, FRL-9464- flood of 2011 was just the latest in a 3329. A letter from the Director, Regu- 6] (RIN: 2050-AD75) received September 12, long line of floods that they’ve had to latory Management Division, Environmental 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the endure. They’re tired of picking up the Protection Agency, transmitting the Agen- Committee on Energy and Commerce. pieces of their shattered lives. Some in cy’s final rule — Atrazine, Chloroneb, 3339. A letter from the Director, Regu- fact were in the process of being Chlorpyrifos, Clofencent, Endosulfan, et al; latory Management Agency, Environmental bought out by the government when Tolerance Actions [EPA-HQ-OPP-2011-0104; Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation this flood hit. Now they’re in limbo, FRL-8883-9] received September 12, 2011, pur- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Implementation Plans; Texas; Revisions unsure of whether to accept Federal to Permits by Rule and Regulations for Con- aid or if accepting help would jeop- mittee on Agriculture. 3330. A letter from the Director, Regu- trol of Air Pollution by Permits for New ardize their pending buyouts. latory Management Division, Environmental Construction or Modification [EPA-R06- This Congress needs to look at the Protection Agency, transmitting the Agen- OAR-2011-0426; FRL-9463-6] received Sep- buyout process. I fear it is too con- cy’s final rule — Sulfur Dioxide; Pesticide tember 12, 2011, pursuant to 5 U.S.C. fusing, it takes too long, and it dis- Tolerances for Emergency Exemptions [EPA- 801(a)(1)(A); to the Committee on Energy and HQ-OPP-2011-0684; FRL-8887-2] received Sep- Commerce. courages people from trying to receive 3340. A letter from the Director, Regu- tember 12, 2011, pursuant to 5 U.S.C. the help they need. latory Management Division, Environmental 801(a)(1)(A); to the Committee on Agri- Mr. Speaker, over the last several Protection Agency, transmitting the Agen- culture. weeks, I have seen terrible destruction cy’s final rule — Approval and Promulgation 3331. A letter from the Director, Regu- of Air Quality Implementation Plans; Ohio and hardship endured by my constitu- latory Management Division, Environmental and West Virginia; Determinations of At- ents. But I’ve also seen tremendous Protection Agency, transmitting the Agen- tainment of the 1997 Annual Fine Particle good, as neighbors help stricken neigh- cy’s final rule — 2,4-D; Pesticide Tolerances Standard for Four Nonattainment Areas bors, community groups banded to- [EPA-HQ-OPP-2010-0905; FRL-8881-7] received [EPA-R05-OAR-2010-0393; FRL-9463-1] re- September 12, 2011, pursuant to 5 U.S.C. gether, charities mobilized quickly and ceived September 12, 2011, pursuant to 5 801(a)(1)(A); to the Committee on Agri- effectively. In Plymouth Township, I U.S.C. 801(a)(1)(A); to the Committee on En- culture. met Red Cross volunteers from Michi- ergy and Commerce. 3332. A letter from the Director, Regu- gan who made the trip to northeastern 3341. A letter from the Director, Regu- latory Management Division, Environmental latory Management Division, Environmental Pennsylvania to help people that they Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- had never met. cy’s final rule — Chromobacterium cy’s final rule — Approval and Promulgation In Bloomsburg, I visited AGAPE, a subtsugae strain PRAA4-1T; Exemption from of Air Quality Implementation Plans; West the Requirement of a Tolerance [EPA-HQ- local ministry that provided flood vic- Virginia; Revised Motor Vehicle Emission OPP-2010-0054; FRL-8887-4] received Sep- tims with everything from cleanup Budgets for the Charleston, Huntington, Par- tember 12, 2011, pursuant to 5 U.S.C. buckets to hot meals. Church groups, kersburg, Weirton, and Wheeling 8-Hour 801(a)(1)(A); to the Committee on Agri- scout troops, college clubs, sports Ozone Maintenance Areas [EPA-R03-OAR- culture. teams, people from all across north- 2011-0511; FRL-9462-6] received September 12, 3333. A letter from the Director, Regu- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the eastern Pennsylvania and beyond came latory Management Division, Environmental Committee on Energy and Commerce. together to support each other. The re- Protection Agency, transmitting the Agen- cent flood was a terrible disaster, but 3342. A letter from the Director, Regu- cy’s final rule — Dicamba; Pesticide Toler- latory Management Division, Environmental it also brought out the best in our peo- ances [EPA-HQ-OPP-2010-0496; FRL-8881-6] Protection Agency, transmitting the Agen- ple. received September 12, 2011, pursuant to 5 cy’s final rule — Approval and Promulgation As I was driving through West U.S.C. 801(a)(1)(A); to the Committee on Ag- of Air Quality Implementation Plan; Utah; Pittston, a small borough that was ab- riculture. Maintenance Plan for the 1-Hour Ozone solutely devastated by flooding, I saw a 3334. A letter from the Director, Regu- Standard for Salt Lake County and Davis latory Management Division, Environmental sign on a front porch: ‘‘The Valley with County [EPA-R08-OAR-2011-0719; FRL-9460-6] Protection Agency, transmitting the Agen- received September 12, 2011, pursuant to 5 a Heart. Thank You.’’ cy’s final rule — Flubendiamide; Pesticide My constituents were knocked down, U.S.C. 801(a)(1)(A); to the Committee on En- Tolerances; Technical Amendment [EPA-HQ- ergy and Commerce. but not out. The people of northeastern OPP-2007-0099; FRL-8870-8] received Sep- 3343. A letter from the Director, Regu- Pennsylvania are strong and resilient, tember 12, 2011, pursuant to 5 U.S.C. latory Management Division, Environmental but they need help from the Federal 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- Government; and the Federal Govern- culture. cy’s final rule — Designation of Hazardous ment needs to help them. If they get 3335. A letter from the Director, Regu- Substances; Designation, Reportable Quan- latory Management Division, Environmental tities, and Notification [EPA-HQ-SFUND- that help, my neighbors will come back Protection Agency, transmitting the Agen- stronger and better than before. 2011-0565; FRL-9460-9] received September 12, cy’s final rule — Lipase, Triacylglycerol; Ex- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. Speaker, I yield back the balance emption from the Requirement of a Toler- Committee on Energy and Commerce. of my time. ance [EPA-HQ-OPP-2010-0271; FRL-8882-4] re- 3344. A letter from the Director, Regu- ceived September 12, 2011, pursuant to 5 f latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on Ag- Protection Agency, transmitting the Agen- LEAVE OF ABSENCE riculture. cy’s final rule — Findings of Failure to Sub- 3336. A letter from the Director, Regu- mit a Complete State Implementation Plan By unanimous consent, leave of ab- latory Management Division, Environmental for Section 110(a) Pertaining to the 2006 Fine sence was granted to: Protection Agency, transmitting the Agen- Particulate Matter (PM2.5) NAAQS [EPA- Mr. CRENSHAW (at the request of Mr. cy’s final rule — Mandipropamid; Pesticide HQ-OAR-2011-0747; FRL-9460-4] received Sep- CANTOR) for Monday on account of at- Tolerances for Emergency Exemptions [EPA- tember 12, 2011, pursuant to 5 U.S.C. tending a family funeral. HQ-OPP-2011-0639; FRL-8886-8] received Sep- 801(a)(1)(A); to the Committee on Energy and tember 12, 2011, pursuant to 5 U.S.C. Commerce. f 801(a)(1)(A); to the Committee on Agri- 3345. A letter from the Director, Regu- culture. ADJOURNMENT latory Management Division, Environmental 3337. A letter from the Director, Regu- Protection Agency, transmitting the Agen- Mr. BARLETTA. Mr. Speaker, I move latory Management Division, Environmental cy’s final rule — Interim Final Determina- that the House do now adjourn. Protection Agency, transmitting the Agen- tion to Stay and Defer Sanctions, San Joa- The motion was agreed to; accord- cy’s final rule — Novaluron; Pesticide Toler- quin Valley Unified Air Pollution Control ingly (at 5 o’clock and 4 minutes p.m.), ances [EPA-HQ-OPP-2010-0466; FRL-8882-1] District [EPA-R09-OAR-2011-0733; FRL-9462-1] received September 12, 2011, pursuant to 5 under its previous order, the House ad- received September 12, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- U.S.C. 801(a)(1)(A); to the Committee on En- journed until tomorrow, Wednesday, riculture. ergy and Commerce. October 5, 2011, at 10 a.m. for morning- 3338. A letter from the Director, Regu- 3346. A letter from the Director, Regu- hour debate. latory Management Division, Environmental latory Management Division, Environmental

VerDate Mar 15 2010 02:02 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.086 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6551 Protection Agency, transmitting the Agen- ana, Mr. REED, Mr. CARSON of Indi- tives, the following statements are sub- cy’s final rule — Interim Final Determina- ana, Mr. WALBERG, Mr. MCHENRY, Mr. mitted regarding the specific powers tion to Stay and Defer Sanctions, San Joa- DIAZ-BALART, Mr. SESSIONS, Mr. granted to Congress in the Constitu- quin Valley Unified Air Pollution Control WESTMORELAND, Mr. HURT, Mr. tion to enact the accompanying bill or District [EPA-R09-OAR-2011-0701; FRL-9462-5] POSEY, and Mr. MANZULLO): received September 12, 2011, pursuant to 5 H.R. 3087. A bill to amend the Internal Rev- joint resolution. U.S.C. 801(a)(1)(A); to the Committee on En- enue Code of 1986 to make permanent the de- By Mr. YOUNG of Indiana: ergy and Commerce. preciation classification of motorsports en- H.R. 3085. 3347. A letter from the Director, Regu- tertainment complexes; to the Committee on Congress has the power to enact this legis- latory Management Division, Environmental Ways and Means. lation pursuant to the following: Protection Agency, transmitting the Agen- By Mr. LEWIS of Georgia (for himself, The Commerce Clause cy’s final rule — Revision to the California Mr. TOWNS, Mr. FILNER, Ms. LEE of By Mr. STEARNS: State Implementation Plan; Yolo-Solano Air California, Mr. RANGEL, Mr. JACKSON H.R. 3086. Quality Management District [EPA-R09- of Illinois, Mr. CONYERS, Ms. WOOL- Congress has the power to enact this legis- OAR-2011-0594; FRL-9456-6] received Sep- SEY, Mr. GRIJALVA, Mr. MCDERMOTT, lation pursuant to the following: tember 12, 2011, pursuant to 5 U.S.C. Mrs. CHRISTENSEN, Ms. JACKSON LEE Article I, Section 8, Clause 3 801(a)(1)(A); to the Committee on Energy and of Texas, Mr. STARK, and Mr. PAYNE): The Congress shall have Power * * * To Commerce. H.R. 3088. A bill to direct the Secretary of regulate Commerce with foreign Nations, 3348. A letter from the Chief of Staff, Media Defense to post on the public website of the and among the several States, and with the Bureau, Federal Communications Commis- Department of Defense the cost to each Indian Tribes. sion, transmitting the Commission’s final American taxpayer of each of the wars in Af- By Mr. BUCHANAN: rule — Revision of the Commission’s Pro- ghanistan, Iraq, and Libya; to the Com- H.R. 3087. gram Carriage Rules Leased Commercial Ac- mittee on Armed Services. Congress has the power to enact this legis- cess; Development of Competition and Diver- By Mr. MURPHY of Connecticut: lation pursuant to the following: sity in Video Programming Distribution and H.R. 3089. A bill to authorize the Adminis- The constitutional authority on which this Carriage [MB Docket No.: 11-131] [MB Docket trator of the Federal Emergency Manage- joint resolution rests is the power of Con- No.: 07-42] received August 30, 2011, pursuant ment Agency to make grants to local gov- gress as enumerated in Article I, Section 8 of to 5 U.S.C. 801(a)(1)(A); to the Committee on ernments for flood mitigation projects, and the United States Constitution. Energy and Commerce. for other purposes; to the Committee on By Mr. LEWIS of Georgia: 3349. A letter from the Chief, Revenues and Transportation and Infrastructure. H.R. 3088. Receivables Group, Federal Communications By Mr. POMPEO: Congress has the power to enact this legis- H.R. 3090. A bill to terminate the Economic Commission, transmitting the Commission’s lation pursuant to the following: Development Administration, and for other final rule — Assessment and Collection of This bill is enacted pursuant to the power purposes; to the Committee on Transpor- Regulatory Fees for Fiscal Year 2011 [MB granted to Congress under Article I of the tation and Infrastructure, and in addition to Docket No.: 11-76] received September 8, 2011, United States Constitution and its subse- the Committee on Financial Services, for a pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quent amendments, and further clarified and period to be subsequently determined by the mittee on Energy and Commerce. interpreted by the Supreme Court of the Speaker, in each case for consideration of 3350. A letter from the Chairman, Council United States. such provisions as fall within the jurisdic- of the District of Columbia, transmitting By Mr. MURPHY of Connecticut: tion of the committee concerned. Transmittal of D.C. ACT 19-154, ‘‘Income Tax H.R. 3089. By Mr. ROSKAM: Congress has the power to enact this legis- Secured Bond Authorization Act of 2011’’; to H.R. 3091. A bill to make permanent the in- the Committee on Oversight and Govern- lation pursuant to the following: dividual income tax rates for capital gains Article I, Section 8 ment Reform. and dividends; to the Committee on Ways 3351. A letter from the Chairman, Council By Mr. POMPEO: and Means. H.R. 3090. of the District of Columbia, transmitting By Mr. WELCH: Transmittal of D.C. ACT 19-97, ‘‘Ward Redis- Congress has the power to enact this legis- H.R. 3092. A bill to conduct a pilot program lation pursuant to the following: tricting Amendment Act of 2011’’; to the in support of efforts to increase the amount Committee on Oversight and Government Article I, Section 8 of purchases of local fresh fruits and vegeta- By Mr. ROSKAM: Reform. bles for schools and service institutions by 3352. A letter from the Acting Assistant H.R. 3091. giving certain States the option of receiving Congress has the power to enact this legis- Secretary for Fish & Wildlife & Parks, De- a grant from the Secretary of Agriculture for lation pursuant to the following: partment of the Interior, transmitting the that purpose instead of obtaining commod- Congress has the power to enact this legis- Department’s final rule — 2011-2012 Refuge- ities under Department of Agriculture pro- lation pursuant to Article I, Section 8, which Specific Hunting and Sport Fishing Regula- grams; to the Committee on Education and states ‘‘The Congress shall have Power To tions [Docket No.: FWS-R9-NSR-2011-0038] the Workforce, and in addition to the Com- lay and collect Taxes,’’ and Article I, Section (RIN: 1018-AX54] received September 6, 2011, mittee on Agriculture, for a period to be sub- 7, which states ‘‘All Bills for raising Revenue pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sequently determined by the Speaker, in shall originate in the House of Representa- mittee on Natural Resources. each case for consideration of such provi- tives.’’ f sions as fall within the jurisdiction of the By Mr. WELCH: committee concerned. H.R. 3092. PUBLIC BILLS AND RESOLUTIONS By Mr. HENSARLING: Congress has the power to enact this legis- Under clause 2 of rule XII, public H. Res. 420. A resolution electing certain lation pursuant to the following: bills and resolutions of the following Members to certain standing committees; Article 1, Section 8—The Congress shall considered and agreed to. have Power—To make all Laws which shall titles were introduced and severally re- By Mr. HASTINGS of Florida (for him- ferred, as follows: be necessary and proper for carrying into self, Mr. WEST, and Mr. DEUTCH): Execution the foregoing Powers, and all By Mr. YOUNG of Indiana: H. Res. 421. A resolution commemorating other Powers vested by the Constitution in H.R. 3085. A bill to terminate the Transpor- the city of Delray Beach, Florida, on its the Government of the United States, or in tation Enhancement Program and transfer 100th anniversary; to the Committee on any Department or Officer thereof. the funding dedicated to such program to Oversight and Government Reform. Mr. ANDREWS: carry out the most critical emergency trans- f H.R. 3093. portation projects identified by the Sec- PRIVATE BILLS AND Congress has the power to enact this legis- retary of Transportation, after consultation lation pursuant to the following: with State and local transportation officials; RESOLUTIONS Article 1, Section 8, Clause 4, and Amend- to the Committee on Transportation and In- Under clause 3 of rule XII, ment 1 Clause 3, of the Constitution. frastructure. Mr. ANDREWS introduced a bill (H.R. f By Mr. STEARNS (for himself and Mr. 3093) for the relief of Dmitry BISHOP of New York): Efimovich Lyusin; which was re- ADDITIONAL SPONSORS H.R. 3086. A bill to phase out special wage ferred to the Committee on the Judi- certificates under the Fair Labor Standards Under clause 7 of rule XII, sponsors ciary. Act of 1938 under which individuals with dis- were added to public bills and resolu- abilities may be employed at subminimum f tions as follows: wage rates; to the Committee on Education CONSTITUTIONAL AUTHORITY H.R. 85: Ms. BORDALLO. and the Workforce. STATEMENT H.R. 111: Mr. LOBIONDO, Ms. HOCHUL, and By Mr. BUCHANAN (for himself, Mr. Ms. HAHN. THOMPSON of California, Ms. BERK- Pursuant to clause 7 of rule XII of H.R. 178: Mr. MCINTYRE. LEY, Mr. MICA, Mr. BURTON of Indi- the Rules of the House of Representa- H.R. 181: Mr. FORTENBERRY.

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H.R. 186: Mr. CONNOLLY of Virginia. H.R. 1738: Mr. YOUNG of Alaska and Mr. H.R. 2547: Mr. CICILLINE. H.R. 190: Mr. KUCINICH, Ms. KAPTUR, and MCDERMOTT. H.R. 2602: Ms. EDDIE BERNICE JOHNSON of Mr. COHEN. H.R. 1744: Mr. PENCE and Mr. BARTLETT. Texas. H.R. 191: Ms. SPEIER. H.R. 1776: Mr. FILNER and Mr. HOLT. H.R. 2632: Mr. SIRES. H.R. 306: Ms. SUTTON. H.R. 1803: Mr. GIBSON. H.R. 2689: Ms. ZOE LOFGREN of California. H.R. 360: Mr. WESTMORELAND. H.R. 1834: Mr. NUNNELEE, Mr. JOHNSON of H.R. 2706: Mr. DIAZ-BALART. H.R. 374: Mr. JOHNSON of Ohio. Ohio, Mr. MILLER of Florida, and Mr. ROE of H.R. 2750: Mr. KILDEE. H.R. 416: Ms. HAHN. Tennessee. H.R. 2813: Mr. COURTNEY. H.R. 420: Mr. SENSENBRENNER. H.R. 1845: Ms. DEGETTE. H.R. 2815: Mr. KINZINGER of Illinois. H.R. 453: Mr. KIND. H.R. 1847: Mr. PRICE of North Carolina. H.R. 2829: Mr. KING of Iowa, Mr. KINZINGER H.R. 466: Ms. HAYWORTH and Mr. DAVID H.R. 1867: Mrs. MCCARTHY of New York. of Illinois, Mr. RIBBLE, Mr. GARDNER, and SCOTT of Georgia. H.R. 1905: Mr. BASS of New Hampshire, Ms. Mr. DENT. H.R. 527: Mr. BROOKS. SLAUGHTER, Mr. YARMUTH, and Mr. DICKS. H.R. 2853: Ms. CHU. H.R. 615: Mr. GIBSON. H.R. 1912: Mr. DEUTCH. H.R. 2865: Mr. DUNCAN of South Carolina. H.R. 634: Mr. GOSAR. H.R. 1956: Mr. MARCHANT. H.R. 2870: Mr. GOWDY. H.R. 639: Mr. CLYBURN, Ms. DEGETTE, Mr. H.R. 1957: Mr. TIBERI. H.R. 2884: Mr. CARSON of Indiana. DEUTCH, Mr. PERLMUTTER, Mr. PITTS, Mr. H.R. 1965: Mr. NEUGEBAUER and Mr. DOLD. H.R. 2904: Mr. HANNA. DAVID SCOTT of Georgia, and Mr. SERRANO. H.R. 1985: Mr. MORAN. H.R. 2920: Ms. BASS of California, Ms. CHU, H.R. 654: Mr. BLUMENAUER. H.R. 1996: Mr. GRAVES of Georgia, Mr. Mr. RICHMOND, Mr. CARSON of Indiana, Ms. H.R. 663: Mr. BURGESS. NEUGEBAUER, and Mr. NUNNELEE. FUDGE, Mr. BUTTERFIELD, Ms. HANABUSA, Ms. H.R. 668: Mr. HULTGREN, Mrs. MALONEY, H.R. 1997: Mr. GRIFFITH of Virginia. SEWELL, Mr. JACKSON of Illinois, Mr. DAVIS Mr. GOSAR, and Mr. FORTENBERRY. H.R. 2004: Mr. FALEOMAVAEGA, Mr. COURT- of Illinois, Mr. PAYNE, Mr. ELLISON, Mr. H.R. 721: Mr. COURTNEY and Mr. JONES. NEY, and Mr. MURPHY of Connecticut. CICILLINE, Ms. WILSON of Florida, Ms. HAHN, H.R. 735: Mr. KELLY, Mr. WEST, and Mr. H.R. 2020: Mr. HANNA, Mr. LEWIS of Geor- Mr. CLAY, Mr. CLEAVER, Ms. JACKSON LEE of LATHAM. gia, Mr. CARSON of Indiana, Mr. ROE of Ten- Texas, Mr. AL GREEN of Texas, Mrs. H.R. 743: Mr. COHEN and Mr. FRANKS of Ari- nessee, and Ms. FUDGE. CHRISTENSEN, Ms. KAPTUR, Ms. LEE of Cali- zona. H.R. 2046: Ms. RICHARDSON and Mr. AL fornia, and Mr. CONYERS. H.R. 835: Ms. TSONGAS and Mr. GUTIERREZ. GREEN of Texas. H.R. 2930: Mr. SCHWEIKERT. H.R. 854: Mr. JONES, Mr. WEST, and Mr. H.R. 2059: Mr. HUELSKAMP, Mr. KING of New H.R. 2940: Mr. DOLD and Ms. HAYWORTH. OWENS. York, Mr. LATTA, Mr. BUCSHON, Mr. JOHNSON H.R. 2945: Mr. LONG, Mr. WESTMORELAND, H.R. 886: Mr. BENISHEK, Mr. BUCSHON, Mr. of Ohio, Mr. KING of Iowa, Mr. GARRETT, Mr. Mr. CHAFFETZ, and Mr. PENCE. CICILLINE, Mr. HARRIS, Mrs. HARTZLER, Mr. PENCE, Mr. KLINE, Mr. LAMBORN, Mr. H.R. 2955: Mr. JONES. HECK, Mr. POMPEO, Mr. RUNYAN, and Mrs. PALAZZO, Mr. MCINTYRE, Mr. POSEY, Mr. SCA- H.R. 2966: Ms. MOORE, Mr. DEUTCH, Mr. ROBY. LISE, Mr. PETERSON, Mr. RIVERA, and Mr. SERRANO, Mr. POLIS, and Ms. SPEIER. H.R. 890: Ms. HAHN, Mr. WOLF, and Mr. ROSKAM. H.R. 2970: Mr. CARNAHAN, Mr. PETERSON, WESTMORELAND. H.R. 2063: Mr. CONYERS. Mr. LANCE, and Mr. HOLT. H.R. 894: Mr. WELCH and Mr. QUIGLEY. H.R. 2082: Mr. PASCRELL. H.R. 2973: Mr. BISHOP of Utah. H.R. 930: Ms. SLAUGHTER. H.R. 2108: Mr. RUNYAN. H.R. 2981: Mr. GRIJALVA and Mr. FILNER. H.R. 933: Mr. GUTIERREZ. H.R. 2131: Mr. LOEBSACK. H.R. 2985: Mr. ROE of Tennessee, Mr. MUR- H.R. 938: Mr. SABLAN. H.R. 2167: Ms. HAYWORTH, Mr. ACKERMAN, PHY of Connecticut, Mr. WESTMORELAND, Mr. H.R. 1006: Mr. HOLDEN. and Mr. DOLD. HINOJOSA, Mr. FORTENBERRY, Mrs. HARTZLER, H.R. 1057: Ms. DELAURO and Mr. VAN HOL- H.R. 2195: Mr. PETRI, Mr. MICHAUD, and Ms. Mr. LONG, Mr. MICHAUD, and Mr. CARSON of LEN. MOORE. Indiana. H.R. 1166: Mr. STEARNS. H.R. 2248: Mr. CICILLINE. H.R. 2994: Mr. TONKO. H.R. 1167: Mr. GRIFFIN of Arkansas and Mr. H.R. 2252: Mr. PLATTS. H.R. 3003: Mr. ISRAEL, Mr. BURGESS, and NUNNELEE. H.R. 2267: Mr. SMITH of New Jersey, Mr. Mr. HASTINGS of Florida. H.R. 1173: Mr. PALAZZO. LUJA´ N, Mr. RAHALL, Mr. DENT, Mr. TIBERI, H.R. 3005: Mr. OWENS and Mr. OLVER. H.R. 1179: Ms. BORDALLO, Mr. LANDRY, Mr. Mr. CONNOLLY of Virginia, Mr. MICHAUD, Ms. H.R. 3015: Mr. CONYERS. CASSIDY, Mr. HECK, Mr. DUFFY, and Mr. SLAUGHTER, Mr. MCGOVERN, Mr. TOWNS, Mr. H.R. 3059: Mr. BACHUS, Mrs. ROBY, and Mr. CRAWFORD. OWENS, and Ms. BORDALLO. CARTER. H.R. 1182: Mr. ROE of Tennessee. H.R. 2287: Mr. KISSELL. H.R. 3065: Mr. BUCSHON, Mr. OWENS, and H.R. 1206: Mr. SCOTT of South Carolina. H.R. 2337: Mr. BUTTERFIELD, Ms. BORDALLO, Mr. KINZINGER of Illinois. H.R. 1235: Mr. JOHNSON of Ohio and Mr. Ms. SLAUGHTER, Mr. HINCHEY, Mr. CLAY, Mr. H.R. 3069: Mr. DICKS, Mr. SIMPSON, Mr. WESTMORELAND. SMITH of Washington, Mr. PRICE of North WALDEN, Ms. HERRERA BEUTLER, and Mr. H.R. 1259: Mr. CASSIDY, Mr. NUGENT, and Carolina, Mrs. MCCARTHY of New York, Mr. SCHRADER. Mr. ADERHOLT. DANIEL E. LUNGREN of California, Ms. KAP- H.R. 3073: Mr. SHERMAN. H.R. 1284: Ms. KAPTUR. TUR, Mr. KLINE, Mr. PERLMUTTER, and Mr. H. Con. Res. 72: Ms. HAHN and Mr. PAYNE. H.R. 1366: Mr. HOLDEN. OWENS. H. Con. Res. 77: Mr. MARINO. H.R. 1394: Mr. GARAMENDI, Mr. CLAY, and H.R. 2346: Mr. BLUMENAUER. H. Res. 111: Mr. GARDNER, Ms. ZOE LOFGREN Mr. CLARKE of Michigan. H.R. 2369: Mrs. BLACKBURN, Ms. ZOE LOF- of California, Ms. DELAURO, Mr. CAMP, and H.R. 1418: Mr. COBLE and Mr. LARSON of GREN of California, and Mr. PIERLUISI. Mr. REHBERG. Connecticut. H.R. 2394: Ms. WILSON of Florida and Ms. H. Res. 137: Mr. CLARKE of Michigan, Ms. H.R. 1463: Mr. KINZINGER of Illinois. JACKSON LEE of Texas. HOCHUL, and Mr. DAVIS of Illinois. H.R. 1489: Mr. CLAY and Mr. THOMPSON of H.R. 2412: Mr. STARK. H. Res. 177: Mr. CUMMINGS. Mississippi. H.R. 2443: Mr. RIGELL. H. Res. 220: Mrs. MCCARTHY of New York. H.R. 1498: Mrs. DAVIS of California. H.R. 2446: Mr. DAVID SCOTT of Georgia and H. Res. 367: Mr. FRELINGHUYSEN. H.R. 1505: Mr. GIBSON. Mr. POSEY. H. Res. 378: Mr. LIPINSKI, Mr. HEINRICH, and H.R. 1511: Mr. CANSECO. H.R. 2447: Mr. DAVIS of Kentucky, Mr. BILI- Mr. BENISHEK. H.R. 1513: Mr. POLIS. RAKIS, Mr. AKIN, Mr. BROUN of Georgia, Mr. H. Res. 394: Mr. LAMBORN and Mr. KING of H.R. 1558: Mr. SENSENBRENNER, Mr. GIBSON, WELCH, Mr. GOWDY, Mr. WOMACK, Mrs. EMER- Iowa. Mr. WEST, and Mr. WALSH of Illinois. SON, Mr. SHIMKUS, Mr. MURPHY of Pennsyl- H. Res. 407: Ms. NORTON. H.R. 1571: Mr. WALSH of Illinois. vania, Mr. KLINE, Mr. WESTMORELAND, Mr. f H.R. 1620: Mr. WITTMAN. SCOTT of Virginia, Mr. LEWIS of Georgia, Mr. H.R. 1623: Mr. CONYERS and Ms. HAHN. PEARCE, Mr. GRIJALVA, Mr. RUNYAN, Ms. AMENDMENTS H.R. 1639: Mr. TOWNS and Mr. GUTHRIE. LINDA T. SA´ NCHEZ of California, Mr. DEUTCH, H.R. 1653: Mr. MANZULLO and Mr. LATHAM. Mr. ROE of Tennessee, and Mr. DANIEL E. Under clause 8 of rule XVIII, pro- H.R. 1659: Mr. ISRAEL, Mr. PASCRELL, Mr. LUNGREN of California. posed amendments were submitted as TOWNS, and Mr. GUTHRIE. H.R. 2459: Mr. NUNNELEE. follows: H.R. 1666: Mr. LOEBSACK. H.R. 2471: Mr. CHAFFETZ and Mr. LATTA. H.R. 2250 H.R. 1672: Mr. TONKO and Ms. TSONGAS. H.R. 2492: Mr. COURTNEY, Mrs. CAPPS, Mr. OFFERED BY: MS. SCHAKOWSKY H.R. 1675: Mr. ALEXANDER. BLUMENAUER, Mr. LOBIONDO, Mr. SHUSTER, H.R. 1681: Mr. DEUTCH, Ms. LINDA T. and Mr. DEUTCH. AMENDMENT NO. 1: After section 1, insert SA´ NCHEZ of California, and Mr. DOGGETT. H.R. 2500: Mr. LATTA. the following section (and redesignate the H.R. 1700: Mr. POSEY. H.R. 2513: Ms. WOOLSEY and Ms. ZOE LOF- subsequent sections, and conform internal H.R. 1704: Mr. MCGOVERN and Mr. WALZ of GREN of California. cross-references, accordingly): Minnesota. H.R. 2528: Mr. KLINE. SEC. 2. FINDING. H.R. 1717: Ms. SLAUGHTER. H.R. 2541: Mr. DUNCAN of South Carolina The Congress finds that mercury released H.R. 1722: Mr. GRIJALVA and Ms. MATSUI. and Mr. NUNNELEE. into the ambient air from industrial boilers

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and waste incinerators addressed by the (c) RULE OF CONSTRUCTION.—This section is standards and requirements under such regu- rules listed in section 2(b) of this Act is a po- intended to supplement the provisions of, lation may be earlier than 5 years after the tent neurotoxin that can damage the devel- and shall not be construed to supersede any effective date of the regulation if the Admin- opment of an infant’s brain. requirement, limitation, or other provision istrator finds that such regulation will cre- H.R. 2250 of, sections 112 and 129 of the Clean Air Act ate more than 1,000 jobs’’ after ‘‘regulation’’. (42 U.S.C. 7412, 7429). OFFERED BY: MS. EDWARDS H.R. 2250 H.R. 2250 AMENDMENT NO. 2: After section 1, insert OFFERED BY: MR. ELLISON OFFERED BY: MR. QUIGLEY the following section (and redesignate subse- AMENDMENT NO. 13: Page 7, line 5, strike quent sections, and conform internal cross- AMENDMENT NO. 7: At the end of the bill, ‘‘non-air quality’’. add the following section: references, accordingly): H.R. 2250 SEC. 2. FINDING. SEC. 6. PROTECTION FROM AVOIDABLE CASES OF OFFERED BY: MR. ELLISON The Congress finds that, according to the CANCER. Environmental Protection Agency’s analysis Notwithstanding any other provision of AMENDMENT NO. 14: Strike section 5. of the impacts of the final rules specified in this Act, the Administrator shall not delay H.R. 2250 actions pursuant to the rules identified in section 3(b)(1) and section (3)(b)(2) on em- OFFERED BY: MS. HAHN ployment, based on peer-reviewed literature, section 2(b) of this Act to reduce emissions AMENDMENT NO. 15: At the end of section 2, such rules would create 2,200 net additional from waste incinerators or industrial boilers add the following: jobs, not including the jobs created to manu- at chemical facilities, oil refineries, or large (d) TEN METROPOLITAN AREAS OF THE facture and install equipment to reduce air manufacturing facilities if such emissions UNITED STATES WITH THE WORST AIR QUAL- pollution. are increasing the risk of cancer. H.R. 2250 ITY.— H.R. 2250 (1) STAY OF EARLIER RULES INAPPLICABLE.— OFFERED BY: MR. WAXMAN OFFERED BY: MS. JACKSON LEE OF TEXAS Insofar as the rules listed in subsection (b) AMENDMENT NO. 8: After section 1, insert AMENDMENT NO. 3: Page 6, lines 23 and 24, apply to sources of air pollution in any of the following section (and redesignate the strike ‘‘not earlier than 5 years after the ef- the 10 metropolitan areas of the United subsequent sections, and conform internal fective date of the regulation’’ and insert States with the worst air quality, such rules cross-references, accordingly): ‘‘not later than 3 years after the regulation shall, notwithstanding subsection (b), con- is promulgated as final’’. SEC. 2. FINDING. tinue to be effective. The Congress finds that, according to the H.R. 2250 (2) NEW STANDARDS INAPPLICABLE IF LESS Environmental Protection Agency, if the PROTECTIVE OF PUBLIC HEALTH AND THE ENVI- OFFERED BY: MR. DOYLE rule specified in section 3(b)(1) remains in ef- RONMENT.—With respect to sources of air pol- AMENDMENT NO. 4: Page 6, beginning on fect, it will yield annual public health bene- lution in any of the 10 metropolitan areas of line 20, strike paragraph (1) and insert the fits of $22 billion to $54 billion, while the the United States with the worst air quality, following paragraphs (and redesignate the costs of such rule are $1.9 billion. the provisions of the regulations promul- subsequent paragraph accordingly): H.R. 2250 gated under subsection (a)— (1) shall establish a date for compliance OFFERED BY: MR. WAXMAN (A) shall apply to such sources, and shall with standards and requirements under such AMENDMENT NO. 9: At the end of the bill, replace the rules listed in subsection (b), to regulation in accordance with section add the following section: the extent such provisions are equally or 112(i)(3) of the Clean Air Act (42 U.S.C. more protective of public health and the en- 7412(i)(3)); SEC. 6. PROTECTION FOR INFANTS AND CHIL- DREN. vironment than the corresponding provisions (2) may, if the Administrator determines Notwithstanding any other provision of of the rules listed in subsection (b); and there is a compelling reason to extend the this Act, the Administrator shall not delay (B) shall not apply to such sources, and date for such compliance, provide an exten- actions pursuant to the rules identified in shall not replace the rules listed in sub- sion, in addition to any extension under sec- section 2(b) of this Act to reduce emissions section (b), to the extent such provisions are tion 112(i)(3)(B) of such Act (42 U.S.C. from waste incinerators or industrial boilers less protective of public health and the envi- 7412(i)(3)(B)), extending the date for such at chemical facilities, oil refineries, or large ronment than the corresponding provisions compliance up to one year, but in no case be- manufacturing facilities if such emissions of the rules listed in subsection (b). yond the date that is 5 years after the effec- are harming brain development or causing (3) DEFINITIONS.—In this subsection: tive date of such regulation; and learning disabilities in infants or children. (A) The term ‘‘metropolitan area’’— H.R. 2250 H.R. 2250 (i) for purposes of subparagraph (B)(i), OFFERED BY: MR. BLUMENAUER means the metropolitan statistical area or OFFERED BY: MR. WAXMAN consolidated metropolitan statistical area AMENDMENT NO. 5: After section 1, insert AMENDMENT NO. 10: At the end of the bill, (as established by the Bureau of the Census) the following section (and redesignate the add the following section: subsequent sections accordingly): most closely corresponding to the city or SEC. 6. DETERMINATION; AUTHORIZATION. group of cities ranked among the cities with SEC. 2. FINDINGS. Not later 10 days after the date of enact- the worst year-round particle pollution in The Congress finds the following: ment of this Act, the Director of the Office the ‘‘State of the Air 2011’’ report of the (1) Section 112(e) of the Clean Air Act (42 of Management and Budget, in consultation American Lung Association; and U.S.C. 7412(e)) requires the rules specified in with the Chief Financial Officer of the Envi- (ii) for purposes of subparagraph (B)(ii), section 3(b)(1) and (2) to be promulgated no ronmental Protection Agency, the Comp- means a metropolitan statistical area or later than the year 2000, and section 112(i) of troller General of the United States, and the consolidated metropolitan statistical area such Act (42 U.S.C. 7412(i)) requires emissions Director of the Congressional Budget Office, (as established by the Bureau of the Census). reductions mandated by such rules to be shall make a determination regarding (B) The term ‘‘10 metropolitan areas of the achieved no later than 2003. whether this Act authorizes the appropria- United States with the worst air quality’’ (2) Section 129 of the Clean Air Act (42 tion of funds to implement this Act and, if means— U.S.C. 7429) requires the rule specified in sec- so, whether this Act reduces an existing au- (i) during the 5-year period beginning on tion 3(b)(3) to be promulgated no later than thorization of appropriations by an offset- the date of the enactment of this Act, the 10 the year 1994, and section 112(f) of such Act ting amount. The provisions of this Act shall metropolitan areas listed in the ‘‘State of (42 U.S.C. 7412(f)) requires emissions reduc- cease to be effective if it is determined that the Air 2011’’ report of the American Lung tions mandated by such rule to be achieved this Act authorizes the appropriation of Association as having the worst year-round no later than 1999. funds without an offsetting reduction in an particle pollution; and Page 6, line 18, strike ‘‘section 2’’ and in- existing authorization of appropriations. (ii) during each successive 5-year period, sert ‘‘section 3’’. H.R. 2250 the 10 metropolitan areas determined by the Page 7, line 21, strike ‘‘section 2(a)(1)’’ and Administrator of the Environmental Protec- insert ‘‘section 3(a)(1)’’. OFFERED BY: MR. WAXMAN tion Agency to have the highest year-round Page 8, line 14, strike ‘‘section 2(a)’’ and in- AMENDMENT NO. 11: At the end of the bill, levels of particulate matter in the air. sert ‘‘section 3(a)’’. add the following section: Page 8, line 16, strike ‘‘section 2(b)’’ and in- SEC. 6. COMPLIANCE WITH CUT-GO. H.R. 2250 sert ‘‘section 3(b)’’. If this Act authorizes the appropriation of OFFERED BY: MRS. CAPPS Page 9, line 9, strike ‘‘section 2(a)’’ and in- funds to implement this Act and does not re- AMENDMENT NO. 16: After section 1, insert sert ‘‘section 3(a)’’. duce an existing authorization of appropria- the following section (and redesignate the Page 9, line 20, strike ‘‘section 2(a)’’ and in- tions to offset that amount, then the provi- subsequent sections, and conform the inter- sert ‘‘section 3(a)’’. sions of this Act shall cease to be effective. nal cross-references, accordingly): H.R. 2250 H.R. 2250 SEC. 2. FINDING. OFFERED BY: MR. RUSH OFFERED BY: MR. ELLISON The Congress finds that, according to the AMENDMENT NO. 6: At the end of section 5, AMENDMENT NO. 12: Page 6, line 24, insert ‘‘, Environmental Protection Agency, if the add the following: except that the date for compliance with rules specified in section 3(b) are in effect,

VerDate Mar 15 2010 02:54 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.034 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6554 CONGRESSIONAL RECORD — HOUSE October 4, 2011 then for every dollar in costs, the rules will ministrator finds, in consultation with the H.R. 2681 provide at least $10 to $24 in health benefits, directors of the National Institutes of Health OFFERED BY: MS. MOORE due to the avoidance each year of— and the Centers for Disease Control and Pre- AMENDMENT NO. 2: Add at the end of the (1) 2,600 to 6,600 premature deaths; vention, that by allowing continued uncon- bill the following: (2) 4,100 nonfatal heart attacks; trolled emissions of mercury from industrial (3) 4,400 hospital and emergency room vis- boilers and waste incinerators, this Act SEC. 6. DELAYED EFFECTIVE DATE. its; threatens to impede efforts to achieve the (a) IN GENERAL.—This Act shall not take (4) 42,000 cases of aggravated asthma; and science-based, 10-year national objective for effect until the President certifies that im- (5) 320,000 days of missed work or school. reducing mercury concentrations in chil- plementation of this Act— (1) will not adversely affect public health H.R. 2250 dren’s blood that is established in Healthy People 2020. in the United States; and OFFERED BY: MR. CONNOLLY OF VIRGINIA (2) will not have a disproportionately nega- H.R. 2250 AMENDMENT NO. 17: At the end of the bill, tive impact on subpopulations that are most add the following section: OFFERED BY: MS. SPEIER at risk from hazardous air pollutants, in- SEC. 6. PROTECTION FROM RESPIRATORY AND AMENDMENT NO. 21: Strike all after the en- cluding communities with a high proportion CARDIOVASCULAR ILLNESS AND acting clause and insert the following: of minorities, low-income communities, DEATH. SECTION 1. STUDY. pregnant women, and the elderly. Notwithstanding any other provision of (a) STUDY.—Not later than 6 months after (b) DETERMINATION REQUIRED.—Not later this Act, the Administrator shall not delay the date of enactment of this Act, the Ad- than 90 days after the date of the enactment actions pursuant to the rules identified in ministrator of the Environmental Protection of this Act, the President shall publish in the section 2(b) of this Act to reduce emissions Agency shall submit to Congress a report Federal Register— from waste incinerators or industrial boilers with respect to the emissions control tech- (1) the certification described in subsection at chemical facilities, oil refineries, or large nologies in use by the best-performing 12 per- (a); or manufacturing facilities if such emissions cent of industrial, commercial, and institu- (2) an explanation of why such certifi- are causing respiratory and cardiovascular tional boilers and process heaters, and com- cation is not warranted. illnesses and deaths, including cases of heart mercial and industrial solid waste inciner- H.R. 2681 attacks, asthma attacks, and bronchitis, in ation units, that were evaluated to develop OFFERED BY: MS. EDWARDS communities with air pollution levels that the rules listed in subsection (b). Such report exceed the health-based air quality stand- shall include the following: AMENDMENT NO. 3: After section 1, insert ards. (1) A description of the emissions control the following section (and redesignate the H.R. 2250 efforts of such boilers, process heaters, and subsequent sections accordingly): SEC. 2. FINDING. OFFERED BY: MR. CONNOLLY OF VIRGINIA incineration units. (2) The cost-efficient and cost-effective The Congress finds that if the rules speci- AMENDMENT NO. 18: At the end of the bill, strategies employed by such sources to re- fied in section 3(b) remain in effect, they will add the following section: duce emissions. yield annual public health benefits of SEC. 6. PROTECTION FROM RESPIRATORY AND (3) A description of the emissions control $6,700,000,000 to $18,000,000,000, while the costs CARDIOVASCULAR ILLNESS AND technologies that such sources are using of such rules are $926,000,000 to $950,000,000. DEATH. that will achieve compliance with the rules Page 5, line 11, strike ‘‘section 2’’ and in- Notwithstanding any other provision of listed in subsection (b). sert ‘‘section 3’’. this Act, the Administrator shall not delay (4) Identification of manufacturing indus- Page 6, line 14, strike ‘‘section 2(a)(1)’’ and actions pursuant to the rules identified in tries involved in making emissions control insert ‘‘section 3(a)(1)’’. section 2(b) of this Act to reduce emissions technologies in use by such sources. Page 7, line 8, strike ‘‘section 2(a)’’ and in- from waste incinerators or industrial boilers (b) RULES.—The rules referred to in sub- sert ‘‘section 3(a)’’. at chemical facilities, oil refineries, or large section (a) are the following: Page 7, lines 9 and 10, strike ‘‘section manufacturing facilities if such emissions (1) ‘‘National Emission Standards for Haz- 2(b)(2)’’ and insert ‘‘section 3(b)(2)’’. are causing respiratory and cardiovascular ardous Air Pollutants for Major Sources: In- Page 8, line 3, strike ‘‘section 2(a)’’ and in- illnesses and deaths, including cases of heart dustrial, Commercial, and Institutional Boil- sert ‘‘section 3(a)’’. attacks, asthma attacks, and bronchitis. ers and Process Heaters’’, published at 76 Page 8, line 14, strike ‘‘section 2(a)’’ and in- H.R. 2250 Fed. Reg. 15608 (March 21, 2011). sert ‘‘section 3(a)’’. OFFERED BY: MR. WELCH (2) ‘‘National Emission Standards for Haz- H.R. 2681 ardous Air Pollutants for Area Sources: In- AMENDMENT NO. 19: After section 1, insert OFFERED BY: MS. JACKSON LEE OF TEXAS the following section (and redesignate the dustrial, Commercial, and Institutional Boil- AMENDMENT NO. 4: Page 5, lines 16 and 17, subsequent sections, and conform internal ers’’, published at 76 Fed. Reg. 15554 (March strike ‘‘not earlier than 5 years after the ef- cross-references, accordingly): 21, 2011). fective date of the regulation’’ and insert SEC. 2. FINDING. (3) ‘‘Standards of Performance for New Stationary Sources and Emission Guidelines ‘‘not later than 3 years after the regulation The Congress finds that the American peo- for Existing Sources: Commercial and Indus- is promulgated as final’’. ple are exposed to mercury from industrial trial Solid Waste Incineration Units’’, pub- H.R. 2681 sources addressed by the rules listed in sec- lished at 76 Fed. Reg. 15704 (March 21, 2011). tion 2(b) of this Act through the consump- OFFERED BY: MR. KEATING (4) ‘‘Identification of Non-Hazardous Sec- tion of fish containing mercury and every AMENDMENT NO. 5: Page 5, beginning on ondary Materials That Are Solid Waste’’, State in the Nation has issued at least one line 13, strike paragraph (1) and insert the published at 76 Fed. Reg. 15456 (March 21, mercury advisory for fish consumption. following paragraph (and redesignate the 2011). H.R. 2250 subsequent paragraph accordingly): H.R. 2250 (1) shall establish a date for compliance OFFERED BY: MR. PALLONE OFFERED BY: MR. COHEN with standards and requirements under such AMENDMENT NO. 20: After section 1, insert AMENDMENT NO. 22: Page 7, line 18, strike regulation in accordance with section the following section (and redesignate the ‘‘and’’ after the semicolon. 112(i)(3) of the Clean Air Act (42 U.S.C. subsequent sections, and conform internal Page 7, line 19, strike ‘‘impacts.’’ and in- 7412(i)(3)); cross-references, accordingly): sert ‘‘impacts; and’’. (2) may, if the Administrator determines SEC. 2. FINDING. Page 7, after line 19, insert the following there is a compelling reason to extend the The Congress finds that Federal depart- subparagraph: date for such compliance, provide an exten- ments and agencies should support efforts to (F) potential reductions in the number of sion, in addition to any extension under sec- achieve the science-based, 10-year national illness-related absences from work due to tion 112(i)(3)(B) of such Act (42 U.S.C. objectives for improving the health of all respiratory or other illnesses. 7412(i)(3)(B)), extending the date for such Americans through reduced exposure to mer- H.R. 2681 compliance up to one year, but in no case be- cury that are established in Healthy People yond the date that is 5 years after the effec- 2020 and were developed under the leadership OFFERED BY: MS. SCHAKOWSKY tive date of such regulation; and AMENDMENT NO. 1: After section 1, insert of the National Institutes of Health and the H.R. 2681 Centers for Disease Control and Prevention the following section (and redesignate the during two presidential administrations. subsequent sections, and conform internal OFFERED BY: MR. BLUMENAUER At the end of the bill, add the following cross-references, accordingly): AMENDMENT NO. 6: After section 1, insert new section: SEC. 2. FINDING. the following section (and redesignate the SEC. 7. REDUCING BLOOD-MERCURY CON- The Congress finds that mercury released subsequent sections accordingly): CENTRATIONS. into the ambient air from cement kilns ad- SEC. 2. FINDINGS. The provisions of this Act shall cease to be dressed by the rules listed in section 2(b) of The Congress finds the following: effective, and the rules specified in section this Act is a potent neurotoxin that can (1) Section 112(e) of the Clean Air Act (42 3(b) shall be revived and restored, if the Ad- damage the development of an infant’s brain. U.S.C. 7412(e)) requires the rule specified in

VerDate Mar 15 2010 02:13 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.037 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 4, 2011 CONGRESSIONAL RECORD — HOUSE H6555 section 3(b)(1) to be promulgated no later actions pursuant to the rules identified in Administrator of the Environmental Protec- than the year 2000, and section 112(i) of such section 2(b) of this Act to reduce emissions tion Agency to have the highest year-round Act (42 U.S.C. 7412(i)) requires emissions re- from any cement kiln if such emissions are levels of particulate matter in the air. ductions mandated by such rule to be harming brain development or causing learn- H.R. 2681 achieved no later than 2003. ing disabilities in infants or children. OFFERED BY: MR. MARKEY (2) Section 129 of the Clean Air Act (42 H.R. 2681 AMENDMENT NO. 16: After section 1, insert U.S.C. 7429) requires the rule specified in sec- OFFERED BY: MR. ELLISON tion 3(b)(2)(A) to be promulgated no later the following section (and redesignate the AMENDMENT NO. 12: Page 5, line 22, strike subsequent sections accordingly): than the year 1994, and section 112(f) of such ‘‘non-air quality’’. Act (42 U.S.C. 7412(f)) requires emissions re- SEC. 2. FINDING. H.R. 2681 ductions mandated by such rule to be The Congress finds that if the rules speci- achieved no later than 1999. OFFERED BY: MR. ELLISON fied in section 3(b) remain in effect, they are Page 5, line 11, strike ‘‘section 2’’ and in- AMENDMENT NO. 13: Strike section 5. expected to reduce the amount of mercury sert ‘‘section 3’’. H.R. 2681 that deposits to land and water by up to— Page 6, line 14, strike ‘‘section 2(a)(1)’’ and OFFERED BY: MR. ELLISON (1) 30 percent in some areas of the western insert ‘‘section 3(a)(1)’’. United States; and AMENDMENT NO. 14: Page 5, after line 8, in- Page 7, line 8, strike ‘‘section 2(a)’’ and in- sert the following subsection: (2) 17 percent in some areas of the eastern sert ‘‘section 3(a)’’. (c) NOTICE IN FEDERAL REGISTER.—Not United States. Page 7, lines 9 and 10, strike ‘‘section later than 60 days after the date of enact- Page 5, line 11, strike ‘‘section 2’’ and in- 2(b)(2)’’ and insert ‘‘section 3(b)(2)’’. ment of this Act, the Administrator shall sert ‘‘section 3’’. Page 8, line 3, strike ‘‘section 2(a)’’ and in- Page 6, line 14, strike ‘‘section 2(a)(1)’’ and sert ‘‘section 3(a)’’. publish a notice in the Federal Register esti- mating the public health impact of delaying insert ‘‘section 3(a)(1)’’. Page 8, line 14, strike ‘‘section 2(a)’’ and in- Page 7, line 8, strike ‘‘section 2(a)’’ and in- sert ‘‘section 3(a)’’. regulation for the Portland cement manufac- turing industry and Portland cement plants sert ‘‘section 3(a)’’. H.R. 2681 until the compliance date of the rules re- Page 7, lines 9 and 10, strike ‘‘section OFFERED BY: MR. RUSH quired by subsection (a) instead of the com- 2(b)(2)’’ and insert ‘‘section 3(b)(2)’’. AMENDMENT NO. 7: At the end of section 5, pliance date of the rules made ineffective by Page 8, line 3, strike ‘‘section 2(a)’’ and in- add the following: subsection (b). sert ‘‘section 3(a)’’. Page 8, line 14, strike ‘‘section 2(a)’’ and in- (c) RULE OF CONSTRUCTION.—This section is H.R. 2681 intended to supplement the provisions of, sert ‘‘section 3(a)’’. OFFERED BY: MS. HAHN and shall not be construed to supersede any H.R. 2681 requirement, limitation, or other provision AMENDMENT NO. 15: At the end of section 2, OFFERED BY: MRS. CAPPS of, sections 112 and 129 of the Clean Air Act add the following: (42 U.S.C. 7412, 7429). (c) TEN METROPOLITAN AREAS OF THE AMENDMENT NO. 17: After section 1, insert UNITED STATES WITH THE WORST AIR QUAL- the following section (and redesignate the H.R. 2681 ITY.— subsequent sections, and conform internal OFFERED BY: MR. QUIGLEY (1) STAY OF EARLIER RULES INAPPLICABLE.— cross-references, accordingly): AMENDMENT NO. 8: At the end of the bill, Insofar as the rules listed in subsection (b) SEC. 2. FINDING. add the following section: apply to sources of air pollution in any of The Congress finds that according to the SEC. 6. PROTECTION FROM AVOIDABLE CASES OF the 10 metropolitan areas of the United Environmental Protection Agency, if the CANCER. States with the worst air quality, such rules rules specified in section 3(b) are in effect, Notwithstanding any other provision of shall, notwithstanding subsection (b), con- then for every dollar in costs, the rules will this Act, the Administrator shall not delay tinue to be effective. provide at least $7 to $19 in health benefits, actions pursuant to the rules identified in (2) NEW STANDARDS INAPPLICABLE IF LESS due to the avoidance each year of— section 2(b) of this Act to reduce emissions PROTECTIVE OF PUBLIC HEALTH AND THE ENVI- (1) 960 to 2,500 premature deaths; from any cement kiln if such emissions are RONMENT.—With respect to sources of air pol- (2) 1,500 nonfatal heart attacks; increasing the risk of cancer. lution in any of the 10 metropolitan areas of (3) 1,000 emergency room visits; H.R. 2681 the United States with the worst air quality, (4) 17,000 cases of aggravated asthma; and OFFERED BY: MR. WAXMAN the provisions of the regulations promul- (5) 130,000 days of missed work. AMENDMENT NO. 9: At the end of the bill, gated under subsection (a)— H.R. 2681 add the following section: (A) shall apply to such sources, and shall OFFERED BY: MR. CONNOLLY OF VIRGINIA SEC. 6. DETERMINATION; AUTHORIZATION. replace the rules listed in subsection (b), to Not later 10 days after the date of enact- the extent such provisions are equally or AMENDMENT NO. 18: At the end of the bill, ment of this Act, the Director of the Office more protective of public health and the en- add the following section: of Management and Budget, in consultation vironment than the corresponding provisions SEC. 6. PROTECTION FROM RESPIRATORY AND with the Chief Financial Officer of the Envi- of the rules listed in subsection (b); and CARDIOVASCULAR ILLNESS AND ronmental Protection Agency, the Comp- (B) shall not apply to such sources, and DEATH. troller General of the United States, and the shall not replace the rules listed in sub- Notwithstanding any other provision of Director of the Congressional Budget Office, section (b), to the extent such provisions are this Act, the Administrator shall not delay shall make a determination regarding less protective of public health and the envi- actions pursuant to the rules identified in whether this Act authorizes the appropria- ronment than the corresponding provisions section 2(b) of this Act to reduce emissions tion of funds to implement this Act and, if of the rules listed in subsection (b). from any cement kiln if such emissions are so, whether this Act reduces an existing au- (3) DEFINITIONS.—In this subsection: causing respiratory and cardiovascular ill- thorization of appropriations by an offset- (A) The term ‘‘metropolitan area’’— nesses and deaths, including cases of heart ting amount. The provisions of this Act shall (i) for purposes of subparagraph (B)(i), attacks, asthma attacks, and bronchitis. cease to be effective if it is determined that means the metropolitan statistical area or H.R. 2681 this Act authorizes the appropriation of consolidated metropolitan statistical area OFFERED BY: MR. CONNOLLY OF VIRGINIA (as established by the Bureau of the Census) funds without an offsetting reduction in an AMENDMENT NO. 19: At the end of the bill, existing authorization of appropriations. most closely corresponding to the city or add the following section: group of cities ranked among the cities with H.R. 2681 SEC. 6. PROTECTION FROM RESPIRATORY AND the worst year-round particle pollution in OFFERED BY: MR. WAXMAN CARDIOVASCULAR ILLNESS AND the ‘‘State of the Air 2011’’ report of the DEATH. AMENDMENT NO. 10: At the end of the bill, American Lung Association; and add the following section: Notwithstanding any other provision of (ii) for purposes of subparagraph (B)(ii), this Act, the Administrator shall not delay SEC. 6. COMPLIANCE WITH CUT-GO. means a metropolitan statistical area or If this Act authorizes the appropriation of actions pursuant to the rules identified in consolidated metropolitan statistical area section 2(b) of this Act to reduce emissions funds to implement this Act and does not re- (as established by the Bureau of the Census). duce an existing authorization of appropria- from any cement kiln if such emissions are (B) The term ‘‘10 metropolitan areas of the causing respiratory and cardiovascular ill- tions to offset that amount, then the provi- United States with the worst air quality’’ sions of this Act shall cease to be effective. nesses and deaths, including cases of heart means— attacks, asthma attacks, and bronchitis, in H.R. 2681 (i) during the 5-year period beginning on communities with air pollution levels that OFFERED BY: MR. WAXMAN the date of the enactment of this Act, the 10 exceed the health-based air quality stand- AMENDMENT NO. 11: At the end of the bill, metropolitan areas listed in the ‘‘State of ards. add the following section: the Air 2011’’ report of the American Lung H.R. 2681 SEC. 6. PROTECTION FOR INFANTS AND CHIL- Association as having the worst year-round DREN. particle pollution; and OFFERED BY: MR. WELCH Notwithstanding any other provision of (ii) during each successive 5-year period, AMENDMENT NO. 20: After section 1, insert this Act, the Administrator shall not delay the 10 metropolitan areas determined by the the following section (and redesignate the

VerDate Mar 15 2010 02:13 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.039 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H6556 CONGRESSIONAL RECORD — HOUSE October 4, 2011 subsequent sections, and conform internal of the National Institutes of Health and the SECTION 1. SENSE OF CONGRESS ON GROWTH IN cross-references, accordingly): Centers for Disease Control and Prevention CEMENT INDUSTRY. SEC. 2. FINDING. during two presidential administrations. Given that the United States cement in- The Congress finds that the American peo- At the end of the bill, add the following dustry must comply with United States ple are exposed to mercury from industrial section: labor and air pollution standards and faces sources addressed by the rules listed in sec- SEC. 7. REDUCING BLOOD-MERCURY CON- strong competition from foreign countries tion 2(b) of this Act through the consump- CENTRATIONS. with weak labor and air pollution emissions tion of fish containing mercury and every The provisions of this Act shall cease to be requirements, it is the sense of the Congress State in the Nation has issued at least one effective, and the rules specified in section that Federal departments and agencies mercury advisory for fish consumption. 3(b) shall be revived and restored, if the Ad- should strictly enforce the Buy American re- H.R. 2681 ministrator finds, in consultation with the quirements in Federal law applicable to the directors of the National Institutes of Health manufacture of cement in the United States. OFFERED BY: MR. PALLONE and the Centers for Disease Control and Pre- H.R. 2681 AMENDMENT NO. 21: After section 1, insert vention, that by allowing continued uncon- the following section (and redesignate the trolled emissions of mercury from cement OFFERED BY: MR. COHEN subsequent sections, and conform internal kilns this Act threatens to impede efforts to cross-references, accordingly): AMENDMENT NO. 23: Page 6, line 11, strike achieve the science-based, 10-year national ‘‘and’’ after the semicolon. SEC. 2. FINDING. objective for reducing mercury concentra- Page 6, line 12, strike ‘‘impacts.’’ and in- The Congress finds that Federal depart- tions in children’s blood that is established sert ‘‘impacts; and’’. ments and agencies should support efforts to in Healthy People 2020. achieve the science-based, 10-year national Page 6, after line 12, insert the following H.R. 2681 objectives for improving the health of all subparagraph: Americans through reduced exposure to mer- OFFERED BY: MR. GARAMENDI (F) potential reductions in the number of cury that are established in Healthy People AMENDMENT NO. 22: Strike all after the en- illness-related absences from work due to 2020 and were developed under the leadership acting clause and insert the following: respiratory or other illnesses.

VerDate Mar 15 2010 02:13 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.042 H04OCPT1 tjames on DSK6SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, TUESDAY, OCTOBER 4, 2011 No. 147 Senate The Senate met at 10 a.m. and was Senator from the State of New Hampshire, CHINA CURRENCY MANIPULATION called to order by the Honorable to perform the duties of the Chair. Mr. REID. Madam President, last JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, President pro tempore. night the Senate held an overwhelming State of New Hampshire. bipartisan vote to move forward with Mrs. SHAHEEN thereupon assumed legislation preventing continued cur- the chair as Acting President pro tem- PRAYER rency manipulation by the Chinese pore. The Chaplain, Dr. Barry C. Black, of- Government. This unfair practice, fered the following prayer: f which gives Chinese exports an Let us pray. unmerited advantage in the global Lord, we open our hearts to You in RECOGNITION OF THE MAJORITY marketplace, injures the American gratitude for the blessing of another LEADER economy, it hurts American manufac- day. Renew us, revitalize us with the The ACTING PRESIDENT pro tem- turers, and it costs American jobs, lots knowledge of Your loving providence. pore. The majority leader is recog- of them. Have mercy on our Nation and world nized. In 1990, America’s trade deficit with this day. Solidify the financial founda- China was $10 billion. Twenty years tions of teetering nations and restrain f later, thanks to currency manipulation those who seek to reap gain from oth- SCHEDULE that gives an edge to Chinese export- ers’ woes. ers, that trade deficit has soared to Lord, bless the many on Capitol Hill Mr. REID. Following leader remarks, $273 billion—from $10 billion to $273 bil- who give of their time and talents in the Senate will be in morning business lion. That trade deficit has fueled the such full measure to keep liberty’s for 1 hour, with the majority control- loss of about 3 million American jobs, light burning brightly. May their trust ling the first half and the Republicans including 2 million manufacturing in Your word sustain them with con- controlling the final half. jobs, in just the last 10 years alone. In fidence in the difficult days to come. Following morning business, the Sen- Nevada, we have lost more than 14,000 We pray in Your sacred Name. Amen. ate will resume consideration of the jobs to China trade, and it is all be- motion to proceed to S. 1619. cause of currency manipulation. The f The Senate will recess from 12:30 to eight hardest hit States have lost 1.4 2:15 today to allow for our weekly cau- PLEDGE OF ALLEGIANCE million positions total, and 17 States cus meetings. have lost more than 2 percent of their The Honorable JEANNE SHAHEEN led At 2:30, the Senate will begin consid- jobs. the Pledge of Allegiance, as follows: eration of S. 1619, the China currency Manufacturers simply can’t compete I pledge allegiance to the Flag of the legislation, which is how it is referred when the Chinese Government gives its United States of America, and to the Repub- to. Rollcall votes are possible during exporters advantages other countries lic for which it stands, one nation under God, today’s session. We will notify Sen- don’t get. American workers and man- indivisible, with liberty and justice for all. ators when they are scheduled. I hope ufacturers work as hard and are as in- Senators, both Democrats and Repub- f genious as any in the world. They don’t licans, who wish to offer amendments need special advantages to succeed; APPOINTMENT OF ACTING will contact the managers of the bill. they just need a fair shot. This impor- PRESIDENT PRO TEMPORE We need to get these amendments mov- tant jobs legislation will give them ing as quickly as possible. Hopefully, The PRESIDING OFFICER. The that fair shot. on most of them, we can do time agree- Putting an end to China’s deliberate clerk will please read a communication ments. This is important legislation, actions to undervalue its currency will to the Senate from the President pro and we need to expedite it as much as even the playing field. It will also sup- tempore (Mr. INOUYE). possible. port 1.6 million American jobs. De- The legislative clerk read the fol- This is a busy work period, and we manding a fair playing field will pump lowing letter: have a couple of important holidays. $300 billion into our economy in just a U.S. SENATE, We have Yom Kippur, which starts Fri- few short years. PRESIDENT PRO TEMPORE, day at sundown, which is the highest of But don’t take my word for it. Just Washington, DC, October 4, 2011. To the Senate: all of the holidays of the Jewish faith, ask American manufacturers. The Alli- Under the provisions of rule I, paragraph 3, and then we have Columbus Day, which ance for American Manufacturers of the Standing Rules of the Senate, I hereby is Monday. So we have a couple of called this jobs bill the ‘‘deficit-reduc- appoint the Honorable JEANNE SHAHEEN, a short weeks. ing, job-creating, no-cost stimulus that

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

S6059

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VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.000 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6060 CONGRESSIONAL RECORD — SENATE October 4, 2011 is desperately needed.’’ Business groups the Democrats on legislation on which wouldn’t have the votes to get it have lined up to testify to the adverse we know both sides agree. Free-trade through Congress even if it came to the impacts of currency manipulation on agreements fall squarely into that cat- floor? As one senior Democratic aide U.S. corporate interests. The American egory. That is why I have been calling put it yesterday: ‘‘Nobody is all that Iron and Steel Institute, the National on the President to approve them since excited about the President’s jobs Association of Manufacturers, and even his very first day in office. Yet, for rea- bill.’’ the U.S. Chamber of Commerce have sons I will touch on in a moment, he That is how to create dysfunction— said the problem pits American and has actually held back. by refusing to acknowledge that we Chinese manufacturers against one an- It is true that the President had to be live under a two-party system in this other in an unfair fight. convinced of the importance of these country and that as long as we do, the But this issue has also forged some agreements. After all, he ran for office two parties will have to cooperate to strange alliances. The AFL–CIO has promising to renegotiate NAFTA. But some extent in order to get legislation also called for swift action to level the once he did come around, his reluc- through Congress. It is the refusal to playing field. The chamber of com- tance to act became an emblem for the accept this reality that leads to inac- merce and the AFL–CIO are together administration’s entire approach to tion. The President can govern as on this issue. jobs in which results have taken a back though this is the Congress he wants or This is what the AFL–CIO said: seat to ideology. All the President had he can deal with the Congress he has. The single most important job-supporting to do was to follow through on his own Along the first path lies gridlock, and trade measure that Congress . . . can take is pledge—send these trade agreements to along the second lies the kind of legis- to address the Chinese government’s manipu- Congress—and we would have had an lative progress Americans want. As for lation of its currency. early bipartisan achievement which Republicans, well, we have been crystal Business and labor groups agree that didn’t add a single dime to the deficit clear from the outset that we prefer American workers and manufacturers and which, by his own estimates, would the latter route. aren’t getting a fair shake, and they protect tens of thousands of jobs right So this morning, I reiterate the same agree on what action Congress should here at home. Instead, the President plea I have consistently made for the take to give them that fair shake. We passed over what could have been a job- past 21⁄2 years. My suggestion to the all know that doesn’t happen very creating, bipartisan layup and devoted President is that he put aside proposals often. the first weeks of his Presidency to a for which we know there is bipartisan Here in the Senate we have heard the highly partisan stimulus that has since opposition and focus instead on pro- message loudly and clearly. We can’t become a national punch line. posals on which we know both sides ignore blatant, unfair trade practices So now, 21⁄2 years after the stimulus can agree. Free-trade agreements are a that put American workers at a dis- was signed into law, there are 1.7 mil- good first step, but they are just that— advantage. lion fewer jobs in America, and the a first step. If we are going to tackle Supreme Court Justice Potter Stew- President is just this week getting the enormous challenges we face, we art once said: ‘‘Fairness is what justice around to free-trade agreements we all need to come together on much more really is.’’ This week, the Senate is de- knew would create jobs, all of which than that. There is bipartisan agree- manding justice for American compa- raises a question: Why didn’t we do ment, for instance, on the need to in- nies and their employees. this sooner? I think there are two rea- crease domestic energy exploration, to I know a few of my Democratic col- sons we didn’t do it sooner. reverse job-killing regulations, and to leagues don’t support this legislation First, the White House was under reform the corporate tax code so we are but very few. There are some Repub- pressure from unions that don’t like more competitive. If the White House licans who don’t support this legisla- free trade. They have been extracting really wants to make a statement, it tion but very few. Even though there promises from the White House for 21⁄2 will work with us on all of these issues. are a few on each side who don’t sup- years in exchange for their support. If it doesn’t, Americans will only con- port this bill, I think this is the mark That is one reason. clude that it would rather have an of a good piece of legislation—gar- The second reason the White House issue to run on than an impact. nering a significant number of votes didn’t send these agreements up sooner With these trade agreements, we are from each party. That is what biparti- is that the political operators over at showing we can work together to cre- sanship is all about. With millions of the White House seem to believe they ate jobs and help the economy, and it Americans’ livelihoods at stake, I am benefit from the appearance—the ap- is something we should do a lot more of pleased to see the Senate working on a pearance—of gridlock. They are over around here. truly bipartisan bill. there telling any reporter who will lis- Madam President, I yield the floor. f ten that they plan to run against Con- gress next year. Their communications f RECOGNITION OF THE MINORITY director said as much to the New York RESERVATION OF LEADER TIME LEADER Times 2 weeks ago. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- So that is their explicit strategy—to pore. Under the previous order, the pore. The Republican leader is recog- make people believe Congress can’t get leadership time is reserved. nized. anything done. How do they make sure f of that? Well, they do that by pro- f posing legislation they know the other MORNING BUSINESS FREE TRADE AGREEMENTS side won’t support even when there is Mr. MCCONNELL. Madam President, an entire menu of bipartisan proposals The ACTING PRESIDENT pro tem- there is a lot of talk these days about the President could choose to pursue pore. Under the previous order, the how Washington is broken and how, un- instead. How else do we explain the Senate will be in a period of morning less we do something to fix it, the solu- President’s standing before the country business for 1 hour, with Senators per- tions to our most urgent problems will in January extolling the job-creating mitted to speak therein for up to 10 remain out of reach. The fact is, that is potential of these free-trade agree- minutes each, with the time equally di- not really true. Congress is not frozen ments, asking Congress to pass them as vided and controlled between the two in a state of perpetual gridlock, and soon as possible, and then sitting on leaders or their designees, with the ma- the now imminent passage of three them until yesterday, preventing Con- jority controlling the first half and the long-awaited free-trade agreements gress from taking the vote? How else Republicans controlling the final half. with Colombia, Panama, and South do we explain the fact that the Presi- The Senator from Illinois. Korea shows it. dent spent the past few weeks running f For 21⁄2 years, I and other Repub- around the country demanding that licans have stated as clearly as we Congress pass a so-called jobs bill right FINDING SOLUTIONS could to anyone who would listen that away even as leading members of his Mr. DURBIN. Madam President, I lis- we are willing and eager to work with own party admit the Democrats tened carefully to the statement made

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.001 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6061 by the minority leader, Senator So when the minority leader comes this new empowerment. But to suggest MCCONNELL of Kentucky, concerning to the floor of the Senate and says we this has not been used and things have the current state of affairs in the U.S. have to find common agreement, let gone along just swell around here— Senate. I certainly want to endorse his me tell you, what the President’s jobs take a look at the RECORD. Three times conclusion that we should find ways to bill does is it comes up with a bipar- now we have been knocking on the work together, try to find solutions, bi- tisan-approved approach to getting this door of closing down the government partisan solutions, in this divided gov- economy moving. I hope we can find a and closing down the economy just this ernment that will actually address the way to do exactly that. year. The American people noticed. problems America faces. The minority leader talked this They did not like it. Standard & Poor’s If you ask people across America morning about trade agreements, and noticed and downgraded the American about our problems, No. 1 on the list is our hope is to bring those up in the credit rating, saying the problem is not the creation of jobs, the high unem- very near future. I think it is a good the economy, the problem is the polit- ployment. President Obama has come thing. But we made it clear as well ical system which is in gridlock in forward with a jobs plan which he is that before it could be seriously consid- Washington. That is a reality. We can now trying to sell to Congress, as well ered, we needed to take a look at some- change that, we should change that, as to the American people, with some thing called trade adjustment assist- and I encourage my colleagues on both success, certainly when it comes to ap- ance. That is a program to help work- sides to look for ways to change that. pealing to the public. ers who lose jobs because of trade f When you ask the American people: agreements or because of the trade re- Is it a good idea to give a payroll tax lationship between the United States A CHOICE IN BANKS cut to working families so they have and another country. I have had it hap- Mr. DURBIN. Madam President, yes- more spending power, so they do not pen in my State. I am sure the Acting terday, incidentally, I spoke about have to live paycheck to paycheck, so President pro tempore from New Bank of America’s decision to impose a they can fill the gas tank, go shopping? Hampshire has had the same experi- $5 fee on their loyal customers who Of course. It makes sense. That is one ence, where people in her State have have debit cards. Bank of America an- of the pillars of the President’s jobs lost their jobs because of competition nounced that this fee had to be col- act. overseas or jobs moving overseas. Well, lected because they were going to be The President also proposes that we we want to make sure those workers restrained in the amount of swipe fees give tax breaks particularly to busi- have a fighting chance to pick up new they could charge for people who use nesses, smaller businesses that hire the skills and education so they can find debit cards. unemployed, including veterans. If you another job in this economy and pro- Those who follow this issue know the ask the American public: What do you vide for their families. Federal Reserve took a look at this. think of that, overwhelmingly they That was a condition to bringing up Every time we use a piece of plastic to think that is a good idea. the trade agreements. We passed it in pay for something—as a debit card— When you say the President’s plan the Senate. It is now pending in the there is a charge imposed on the re- also tries to help those State and local House. But we can move to those trade tailer—the restaurant, the bookstore, governments that are facing layoffs of agreements. Let the Senate and House the grocery store, you name it. There teachers, firefighters, and policemen vote accordingly. But the reason it has is a charge imposed. So we asked the by lessening the impact that would been delayed—if there has been any Federal Reserve to take a look at that have, the American people say that is delay—is to get that part right. I think charge that is being imposed by the reasonable. We do not believe crowded the Senate has done that. credit card companies through the classrooms and communities without So I heartily agree with the conclu- banks, and here is what they found. fire and police protection are good for sion of the minority leader that we our future. So they endorse the Presi- The actual cost of a bank and Visa or should work together in a bipartisan dent’s approach to that. MasterCard processing a debit card The President also thinks we should fashion. I suggest the minority leader transaction is anywhere from 4 cents invest, in this jobs act, in rebuilding take a look at the President’s jobs act. to 12 cents. Remember when they used the fundamental structure of the Most of the ideas there are ideas Re- to process checks for pennies no matter American economy—not only highways publicans have openly endorsed time what the face value was? Well, the ac- and bridges and airports but our and time again. I hope they are not tual cost of the debit card—the new schools—and the American people have going to reject the Obama jobs act be- checking account, the plastic checking overwhelmingly said that is a good cause the word ‘‘Obama’’ is in the title. account—is 4 cents to 12 cents a trans- idea. Let them come forward and think action. The President said we should pay for about ways, with us, to design an econ- Then the Federal Reserve Board said: this, and we should pay for it by mak- omy that is moving forward rather What are they actually charging the ing certain those who can afford to pay than to design the next Presidential retailers? Madam President, 44 cents is more in taxes—those making $1 million campaign slogan and bumper sticker. the average charge by the banks and or more—pay a little more so we can The American people expect us to look credit card companies for the use of the achieve what I outlined earlier. beyond campaigns and get something debit card—more than 10 times the 4- Well, it turns out that is not only ap- done on the floor of the Senate and the cent rate or more than 6 times the 7- proved by the American people, 59 per- House. cent rate the Federal Reserve said is cent of Republicans agree with that— I might differ with the minority lead- the reasonable cost of a debit card raising taxes on the highest income er when it comes to whether we have transaction—a 600-percent profit they Americans to help move this economy had gridlock and obstruction here in are taking right out of every trans- forward. Fifty-nine percent of Repub- the Senate, and I would just say for the action. licans agree with that. As someone said record that it has become a matter of Of course, it means the grocery store, in a meeting this morning, unfortu- course, a normal part of the business of the retailer has to charge more. Imag- nately none of them are serving in Con- the Senate to require 60 votes on vir- ine someone comes in and gets the spe- gress. And the Republican Senators tually everything—60 votes. That is cial—a cup of coffee and a doughnut at and Members of the House are saying: not required in the rules of the Senate. the Rock Island Country Market, No way will we consider any additional We have reached the 60-vote threshold which I visited during the break, a 99- taxes on the wealthiest people in because of Republican filibusters. If it cent special. They use their debit card America even if the money is going to were simply an up-or-down majority to pay for it. The Country Market is be used to give payroll tax cuts to vote, 51 votes would do it. But the Re- now going to be charged 44 cents for a working families and to give tax incen- publicans, by threatening filibusters 99-cent transaction. tives and credits to small businesses and imposing filibusters, have created So it changed. The world changed and to avoid laying off and firing fire- a 60-vote requirement. That gives them last Saturday. The new law went into fighters and policemen and teachers. leverage. It takes away the power of effect, capping for the largest banks in They say: No way. the majority and gives the minority America the debit card swipe fee at

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.003 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6062 CONGRESSIONAL RECORD — SENATE October 4, 2011 about 24 cents, splitting the difference. We have absolutely no plans to impose a Holly Petraeus is the wife of General Still these banks are doing quite well. debit card fee. Petraeus, who is now heading up our The actual cost of the transaction is 4 On Saturday, the Salisbury Post in CIA. She and her husband have cer- cents, 7 cents, 12 cents, and they are Salisbury, NC, ran an article titled: tainly given great service to this coun- going to get 24 cents. Well, you would ‘‘Bank of America move doesn’t try. I met with her just a few weeks think they could live with a 100-per- prompt local banks to charge debit ago, and she talked about the exploi- cent profit on what they are doing. No card users.’’ tation of men and women in uniform way. Bank of America said to their It quotes Bruce Jones, CEO of the serving our country by many financial loyal customers: Sorry, but because we Community Bank of Rowan, saying institutions—predatory lending and cannot make as much off the retailers, that his bank will start running ads awful practices. Many of these prac- we are going to nail our customers touting its lack of fees: ‘‘We’re really tices, incidentally, lead to these serv- with a $5 monthly fee for the debit going to promote that,’’ Jones said, icemembers having to take an early cards. ‘‘That’s such a good piece of business.’’ discharge from service because they Yesterday, I sent a letter to the CEO The Pennsylvania Credit Union Asso- are so deeply in debt. I think that is a of Bank of America, Mr. Moynihan. I ciation put out a statement yesterday scandal, and I am glad Mrs. Petraeus said to Mr. Moynihan: I have just done and said this on behalf of its 500 credit has spoken out on it. She is using this the math here, and if your customers union members: agency, the Consumer Financial Pro- pay $60 a year for their debit cards, you Study after study has shown that credit tection Bureau, to come to the assist- are going to collect more money from unions overall offer lower fees and better ance and protection of our men and your customers than you could pos- savings rates. The mission of a credit union women in uniform. That is a legitimate sibly have lost because of this change is to serve its members and not Wall Street. use of their responsibility. And for in the law. You are overcharging your That is a welcome mentality. those who want to do away with the customers. It is not fair, and I want There have even been some large Bureau, let them explain, if they can, you to defend it. Let’s see if he does, banks that acknowledged the need to why they think our veterans and our not just for me but for the people who treat their customers fairly. servicemembers do not deserve this bank at Bank of America and have USAA, for example, is a financial in- kind of protection. debit cards there. stitution that serves military per- I want to see the Consumer Financial You see, what happened last Satur- sonnel and their families. USAA has Protection Bureau up and running. I day is not just a change when it comes announced it will not charge consumer think it is about time we had some ad- to debit card swipe fees. I think what debit fees, or checking account fees ei- vocacy group standing up for men and happened last Saturday with this new ther. law is empowering customers and re- women in uniform and consumers and And the giant Citibank has heavily retailers across America. I hope we can tailers across America. promoted its position on the issue: Now, incidentally, Chase bank, Wells soon confirm the nominee for the head Citibank will not charge its customers of that Bureau, Richard Cordray. I Fargo, and Bank of America have all debit fees. talked about imposing this debit card have met Mr. Cordray, and he is going It is a smart move for these banks to be a smart, effective watchdog for fee. If they decide they want to penal- and credit unions to treat their cus- ize their customers and nail them $5 a America’s consumers. As I said, there tomers well when it comes to debit are some—particularly on the other month or $3 a month, that is their deci- cards. Customers are ready to shop sion. But I hope what happens next is side of the aisle—who hate the notion around if they don’t. that there would be such an advocate that bank customers across America Across the United States more and realize they have the right to change and such a counsel available for con- more banks and credit unions are mak- sumers. But I think American con- their banks, to move to banks that are ing it clear they are not going to nail not going to nail them with these fees sumers and families at least deserve to their customers with a debit card fee. have someone speaking out when they that are driven by greed. Now is the time for bank customers There is good news. There are thou- are about to be exploited. across America to say enough is sands of banks across America for peo- The keys to a well-functioning mar- enough. If you do not value me as a ple to choose from and thousands of ket are competition, transparency, and customer enough not to charge me a credit unions, and most of them—or choice. When these conditions are new $5 monthly fee just for trying to many of them, I should say—have al- present, consumers have a fighting access my own checking account, my ready stated publicly they are not chance and they can thrive. So can going to join in with Bank of America own bank account at your bank, I am small banks and credit unions. I am in nailing their loyal customers with a going to do my business elsewhere. I going to keep standing up for these debit card fee. think that is an important thing to do. basic principles. I believe competition The Press Democrat newspaper in Of course, we need to stay vigilant to and transparency are critical for a free Santa Rosa, CA, on Friday carried an make sure America’s consumers have market economy to operate in a just article saying, ‘‘Local banks say no to good, honest information about how and fair way. It is the right thing to do. debit card fees.’’ The article lists a banks are treating them. I will be Madam President, I yield the floor. number of local banks and credit meeting later this week with the Act- The ACTING PRESIDENT pro tem- unions that said they would not copy ing Director of the Consumer Financial pore. The Senator from Colorado. Bank of America’s strategy. The arti- Protection Bureau, Raj Date. We will be talking about how to ensure cus- cle quotes Tom Duryea, CEO of Sum- f mit State Bank. He said: tomers know what their rights are It’s just not something we want to do to when it comes to banking services. Let me tell you, there are Repub- PROTECTING AMERICA’S PUBLIC our customers. I am not going to nickel-and- LANDS dime people over $5. licans who hate this agency the way Now, that is a man speaking for a the devil hates holy water. The notion Mr. UDALL of Colorado. Madam bank that I think has a future—a bank that the customers of America would President, before the Democratic whip, that realizes if you treat your loyal finally have a voice in Washington the assistance majority leader, leaves customers right, they are going to stay keeping an eye on the activities of fi- the floor, I wish to acknowledge the loyal. But if Bank of America has their nancial institutions scares the living great work he has done in standing up way and nails their loyal customers heck out of some Members of Congress. for consumers and protecting their in- with a $5 monthly fee, I hope some of But many of us believe that the scales terests, and it fits the purpose for their customers will think twice about have been tipped for too long on the which I rise today, which is to talk doing business there. other side, that many consumers are, about protecting our public lands and Washington Federal is a regional frankly, at the mercy of these financial the importance they hold for all of us bank in Washington State. Its spokes- institutions and could use an advocate as Americans. They are really at the person, Cathy Cooper, was quoted in who stands up every once in a while heart of the way of life we hold so dear the Oregonian newspaper saying: and fights for them. in Colorado. In addition, I would like

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.004 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6063 to talk about how public lands are im- Perhaps most important, this is an a problem affecting their livelihoods. portant to an issue that all of my col- area of our economy that continues to They banded together as a community, leagues care about; that is, creating grow. It has grown by more than 6 per- partnered with the Federal, State and jobs. cent in 2011 alone and has outpaced local government officials and they did I know many of my colleagues, in- U.S. economic growth more generally. something about it. Now their streams cluding the Acting President pro tem- These numbers tell a powerful story of are healthier, their land is healthier, pore, understand the value of public the outdoor recreation industry’s con- and their economy is healthier. lands, but I wish to take a few minutes tribution to our economy. I would like to bring some of that and list some of the reasons I think We hear a lot about the problems Creede pragmatism to Washington, DC. they are a vital thread in the fabric of government causes, and there are cer- Our public lands are an invaluable nat- our country. tainly areas we can reform. We can ural resource. I hope we can come to- First, we are a nation of explorers streamline government, make it more gether in the Congress with policies and risk-takers, constantly in search of efficient. We can get government out of and solutions to wisely utilize and con- the next challenge to overcome or the the way where appropriate, and we can serve them. next mountain, literally, to climb. increase oversight where necessary. In that spirit, let me provide some Public lands, especially in the West, But when I was traveling my home additional examples of what we could are a reminder of this heritage. I wish State of Colorado over the summer, as do in the spirit of the people in Creede, to also acknowledge in the great the Presiding Officer travels her State, CO. One incredibly successful govern- Northeast of our country, where the I heard a lot about how government is ment program that has been instru- Presiding Officer lives, that we have working. I heard about partnerships be- mental to the growth of outdoor recre- mountains and we have extensive pub- tween national, State and local govern- ation across the country is the Land lic lands as well. I know that same ments, private businesses and local and Water Conservation Fund or the spirit is infused in the people of New stakeholders to preserve and protect LWCF. In fact, it has been proven over Hampshire. our natural resources. These efforts are and over that every $1 of LWCF fund- But our public lands also benefit our improving the lives of Coloradans. ing creates an additional $4 in eco- communities across the country They are creating jobs. They are mak- nomic value. through the clean air and the clean ing communities better places to live, LWCF was developed on the belief water they provide. In urban and rural and they are building future economic that as we develop and exploit our oil areas alike, open spaces filter and opportunities. and gas resources, we should set aside clean our air and water, improve the I wish to share a couple examples in also some land for hunting, fishing, and environment for surrounding commu- that vein. In July, I was in the town of recreation for the enjoyment of future nities, while lowering stormwater man- Creede, which is in the historic San generations. So we as a country set up agement and water treatment costs. Luis Valley of Colorado. Among other a mechanism whereby royalties from Access to the public lands and the stops, I met with the Willow Creek oil and gas leases were to fully fund many opportunities they provide is a Reclamation Committee. This is a won- LWCF projects. key reason why many of us choose to derful example—this committee—of I have to say, instead of that mission live in the West. I know this is particu- citizens at the local level coming to- being fully fulfilled, every year those larly true in Colorado, where public gether to take on a problem to create dollars are taken out of LWCF for lands and outdoor recreation are truly solutions. other unrelated government expendi- in our blood. It is also one of the rea- In this committee, there are retired tures, leaving in its wake a huge unmet sons Colorado is one of the most active miners, artists, local businesspeople, need in each State across the country. and healthiest States in the country ranchers, vacation homesteaders and While royalties flow into the govern- and why I have been encouraging chil- Federal and State officials who are ment coffers, LWCF has continually dren and families across the Nation to working together to clean up pollution been raided, and its authorized $900 get outside and stay active, especially in their watershed. million of funding every year has been in our national parks. The narrow valley that is above fulfilled only twice since 1964. Only The public lands are also, to coin a Creede is lined with abandoned mines. twice since 1964 has that full $900 mil- phrase, in our wallets. When discussing While the area boasts some of the best lion been appropriated. public lands, we cannot forget their im- examples of mining structures one will Not only are we robbing future gen- portance to our economy. Our public find in the Western United States, pol- erations of critical open spaces and lands have long been a source of eco- lution from these abandoned mines outdoor recreation, we are under- nomic value, and multiple use is a key hurts water quality. The pollution was investing in our assets, our public component of the management of our so bad that residents in the area feared lands, that would drive job creation. public lands. An example: Extractive Creede would be placed on the National I serve as the chairman of the Na- industries, such as oil and gas develop- Priorities List for a Superfund cleanup, tional Parks Subcommittee. I have ment and mining, will continue to be a prospect that any community that seen how these funds have been par- an important part of our economy in has faced it understands would hurt ticularly useful to our parks, and there the West. But these uses are certainly their tourism-based economy. is no better example in my State than not the only economic uses of our So, in 1999, the residents formed this the creation of the Great Sand Dunes lands. Outdoor recreation: hunting, committee to do something about it National Park and Preserve. This mag- hiking, biking—the list goes on and themselves. They worked with the En- nificent park and preserve was made on—are a major use of our lands, and vironmental Protection Agency, the possible by LWCF appropriations that outdoor recreationalists not only enjoy Forest Service, the Department of Ag- were obtained with very strong local our land, they also support a large and riculture, the U.S. Fish and Wildlife support. growing industry of supply stores, Service, State agencies and many oth- Great Sand Dunes protects one of our manufacturers, guides, hotels, and ers and developed a plan to clean up Nation’s great landmarks. It is also a other important businesses. their watershed. source of tourist dollars for the sur- In fact, in this time of economic un- The plan they came up with is truly rounding rural communities. That is certainty, outdoor recreation and tour- a comprehensive approach that recog- why I have joined with several of my ism are two of the bright spots in our nizes the full value of their watershed colleagues, including Senator BINGA- economy. I wish to draw attention to to their community. What struck me MAN, Senator BURR, Senator BAUCUS, the chart I brought to the floor for most—and again I know the Presiding the Presiding Officer, and others, to those viewing the floor of the Senate Officer senses and experiences the same fight for full funding of LWCF. today. In 2006, the Outdoor Industry spirit in her home State of New Hamp- The point I wish to emphasize to my Foundation found that biking, hiking, shire—nobody was talking about colleagues is that when we talk about and hunting and all the other outdoor whether they were a Democrat or Re- natural resources, we are not just talk- recreational activities add $730 billion publican. They were not trying to wage ing about beautiful landscapes and fu- to our economy every single year. political or partisan battles. They saw ture generations. There are incredibly

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.005 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6064 CONGRESSIONAL RECORD — SENATE October 4, 2011 important economic benefits to pre- I had been told in my initial interview a new area called McKenna Peak. This serving and protecting these lands. with Gary Spuhler of Colorado Springs, coor- peak presides over imposing sandstone In that spirit, I wish to briefly dis- dinator of the Rocky Mountain Region’s cliffs which rise 2,000 feet above the cuss another key component of our chapter of PHW, that he got involved be- surrounding area. It also provides im- public lands system—wilderness. Lands cause he wanted to make things better for our returning soldiers, better than the way portant winter wildlife habitat for classified as ‘‘wilderness’’ are critical his generation had returned from Vietnam. large numbers of deer and elk, which to our multiple-use management strat- And I think the country as a whole, car- then draw many hunters from all over egy. Some areas should be preserved as rying the regret of that treatment, is reach- the country every year. Over 30,000 rec- wilderness, just as some areas are bet- ing out more readily to today’s veterans, but reational user days are recorded annu- ter suited to mining, oil and gas devel- listening to the gentle ebb and flow between ally during hunting season in this one opment or off-road vehicle use. the two men—the seasoned, high-country game management unit. That is a sig- Wilderness provides opportunities for fisherman and the young soldier, moving easily from fishing to military life to hope nificant number of recreational user backpacking, fishing, hiking, grazing, days. and hunting, as well as protecting for the future and healing, against the back- drop of broad, sheltering landscapes—I recog- The bill would also establish the these precious landscapes for future nized something rare. Sheep Mountain Special Management generations. Wilderness also provides We are in a time when Congress is ever try- Area. Since helicopter skiing currently opportunities for our veterans to reen- ing to decimate protections for our wildlands exists in this area, the legislation des- ter and reconnect and heal. I have a while at the same time these lands are lend- ignates the area in a way that protects column from the Denver Post yester- ing solace to those who have been sent to its wilderness character but still allows day that speaks to the ways in which war in the name of our country. It is not a stretch to say that these rivers and streams this use to continue. This is, in my veterans can reconnect to their pur- opinion, the type of flexibility that is a pose in life and to reenter society. I are part of what is giving back to the vet- erans who are coming home. key for sound wilderness protection ask unanimous consent that it be Each fisherman I spoke with, experienced proposals and is a shining example of printed in the RECORD. or beginner, spoke of the sound of the water, how protection can coexist with re- There being no objection, the mate- the scent of the air, and how the rest of the sponsible use. rial was ordered to be printed in the world falls away when they are out there, What I am saying is, the bill has been RECORD, as follows: taking with it the trauma they carry with carefully tailored and crafted to apply them. [From the Denver Post, Oct. 3, 2011] There is a healing power that comes from deserving protections to these lands. GUEST COMMENTARY: VETS FIND SOLACE IN the mountains and streams, and there is This is how wilderness should and can MOUNTAIN FISHING healing in taking the time to listen to our be done. Between all the benefits— (By Shawna Bethell) military men and women. clean air and water, recreation and You know immediately when you are in Project Healing Waters, combining the economic growth—one would think the presence of grace. Perhaps in a cathedral two, gives us all a lesson worth learning. Congress could work together and of limestone and jeweled glass where cen- Mr. UDALL of Colorado. It is an in- enact commonsense public lands legis- turies of ritual have left the scent of myrrh. spiring column. It speaks to the power lation such as my San Juan Wilderness Or, equally so, perhaps in the cleft of a can- of wilderness and wilderness activities yon surrounded by high-country mountains bill. where waterfalls arc from cut stone. in the context of our veterans return- But I am frustrated. I know the Pre- Perhaps it’s where—against the roar of ing home from standing for us in places siding Officer is frustrated this Con- fast-moving water—you hear the quiet voices such as Afghanistan and Iraq. gress has not recognized the opportuni- of two men: one of wisdom and one of youth, Speaking of wilderness opportunities, ties that are before us. Instead of what speaking quietly of water and fish, war and just this last week I introduced the I saw happening on the ground in healing, the conversation flowing easily be- San Juan Mountain Wilderness Act, Creede, CO, it seems as if our politics tween the two—a common experience bind- along with Senator BENNET. It is simi- inside the beltway are getting in the ing them. There is with fly-fishing a serenity that lar to a bill I introduced in the last way of moving our country forward. A comes, when the mechanics of the process no Congress. My bill would designate—we prime example of politics getting in longer take thought or effort, and the mes- have a photograph of this wonderfully the way, at least in the Senate—I will merizing rhythm of a cast settles into mind inspiring area. This bill would des- come back to why I say just in the Sen- and memory. When all else slips away, and ignate 33,000 acres in southwestern Col- ate—is a bipartisan bill I have intro- the fishing becomes the mission in front of orado as wilderness. It would also des- duced called the Ski Area Recreation you, then comes peace. Or at least, this is ignate about 2,000 acres as a special Opportunity Enhancement Act. I what I’m learning. In late June, Project Healing Waters—a management area and withdraw over worked closely with Senator BARRASSO nationwide fly-fishing program for wounded 6,000 acres from mineral entry lands on it. We have an additional 10 cospon- soldiers and veterans—brought 15 partici- within the Naturita Canyon area. sors across the country. In the House of pants from Colorado’s Fort Carson and Fort This bill is the work of extensive Representatives, Representative Huachuca in Arizona to fish in the cold input and collaboration among and BISHOP and Representative DEGETTE spring-melt waters around Silverton. The across every imaginable stakeholder have championed this bill. program is based on the principle of shared group. I wish to particularly note the Our bill would simply clarify that the time and skill between experienced fly-fish- efforts of former Congressman John ermen and our recently returned soldiers. Forest Service may permit year-round Programs vary from region to region, but Salazar and his staff, who worked with recreational activities, where appro- the basic premise is that during winter the affected Colorado county commis- priate, on ski areas on public lands. months, soldiers are taught to tie flies and sioners, interested citizens, and my It includes no new Federal spending. build fishing rods, then in the spring and staff in developing this legislation over I think that is an attractive element of summer months, they are taken out to learn the last 4 years. the legislation. It would increase the the art of fly-fishing—each component lend- It is crafted to take into account the money coming into the Federal Treas- ing itself to a specific method of healing, various ongoing uses of these lands, ury because it would likely increase whether it is learning physical dexterity such as for water supplies and recre- with damaged limbs or prostheses, or giving permit fees. soldiers a focus outside their memories or ation, while also providing strong man- The bill would boost year-round ac- mental trauma. agerial protection for these sensitive tivity in ski resorts on public lands, On the day I was invited to join them, I lands. I do not have to tell you, when providing more opportunities for out- had the opportunity to witness one of those we see this photograph, among many, door recreation, creating jobs in the moments of grace, when a local fisherman that this region of Colorado is blessed process and aiding the rural economies and a young soldier shared a conversation. It with stunning beauty. that surround ski areas. was not a monumental event, nor was the Much of the land proposed for wilder- The bill is so bipartisan and strongly speech eloquent and tried. Instead, it was ness and other protections in our legis- simply quiet. And the young man who had supported that it passed the House last been solemn and withdrawn, moving along lation are additions to existing wilder- night by 394 to 0. No House Members the stream bank with his head lowered, nesses such as the Mount Sneffels Wil- voted against the bill. opened to a man who had seen his own war derness Area and the Lizard Head Wil- Despite bipartisan and bicameral 40 years before. derness Area. The bill also establishes support for the bill, and the fact that it

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.006 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6065 would create jobs, I have not been able Douangdara was part of the East Coast Madam President, I yield the floor, to get this bill to a vote on the floor of Based SEAL team on the Chinook heli- and I suggest the absence of a quorum. the Senate. I am tempted to ask unani- copter that was downed by enemy fire The ACTING PRESIDENT pro tem- mous consent that the bill pass, but I in Afghanistan on August 6, 2011. pore. The clerk will call the roll. will continue to work in the regular He was a dog handler for the SEAL The legislative clerk proceeded to order to move the bill to the floor of team. He and his combat assault dog call the roll. the Senate and on to passage. led their unit on patrols in order to ex- Mr. INOUYE. Mr. President, I ask I had a long career—if you want to pose dangerous explosives and hidden unanimous consent the order for the call it that—as a high-altitude moun- enemy combatants. He and 29 fellow quorum call be rescinded. tain climber before I came to the Con- servicemembers, and his combat as- The PRESIDING OFFICER (Mr. gress. That experience prepared me to sault dog Bart paid the ultimate price TESTER). Without objection, it is so or- serve in the House and in the Senate in in support of Operation Enduring Free- dered. unexpected ways. dom. As a dog handler, the East Coast f In 1992 I was on the south face of Based SEAL team entrusted their lives HONORING PATRICK DELEON Mount McKinley, known to the people to him and to his dog. His first dog of Alaska as Denali, as well. We were 10 Toby was killed in action in Iraq. His Mr. INOUYE. Mr. President, I rise days into what was supposed to be a 7- second dog Bart would die with him on today to recognize my chief of staff, day climb. We were out of food. The the helicopter. Dr. Patrick DeLeon, who has helped me only way to get down was literally to The name ‘‘Douangdara’’ can be dif- to serve the people of Hawaii and our go up and over the top of Mount ficult to pronounce, so his Navy com- Nation for 38 years. Dr. DeLeon is re- McKinley. rades soon gave him the call sign tiring, but he leaves behind a legacy of The lesson I learned in that success- ‘‘Jet.’’ Members of his unit remember work that has greatly improved the ful climb was, when you are faced with him for being trustworthy and always lives of many of our citizens in Hawaii, 20-below temperatures and high winds, positive. The decorations and badges particularly the native Hawaiians, the only way home is over the top. You earned during his distinguished service while advancing the professional cir- have to work together to accomplish speak to his dedication and his skill. cumstances of doctors, nurses, and psy- the impossible. When you do work to- He received the Purple Heart, the De- chologists. gether to accomplish the impossible, fense Meritorious Service Medal, the After joining my staff in August of you find a way to make it happen. Bronze Star with ‘‘V’’ Device, the Joint 1973, Pat, a psychologist and attorney, In some ways I believe that is the Service Commendation Medal with directed my efforts to create and refine choice Congress has to make as we face ‘‘V’’ Device, the Army Commendation health and education policy. In the these challenging times. We can either Medal, the Presidential Unit Citation later years he would also serve as chief work together and find a way up and (2 awards), the Good Conduct Medal (2 of staff for my Washington, DC, office. over the summit—passing legislation awards), the National Defense Service Pat helped to shepherd legislation re- that will create jobs, fix our budget Medal, the Afghanistan Service Medal lated to native Hawaiians, immigrant problems, and start working on the (3 awards), the Iraq Campaign Medal, children, the people of the Pacific, and problems Americans face every day—or the Global War on Terrorism Medal, higher education. Under his service the we can keep fighting with each other, the Sea Service Deployment Ribbon (3 importance of nurses, psychologists, in effect, starving the country of the awards), the Overseas Service Deploy- and other health professionals have leadership I know Congress can provide ment Ribbon (3 awards), the Rifle been properly recognized. and that we must provide in these chal- Marksmanship Medal, and the Pistol He has been very active in helping lenging times. Marksmanship Medal. our community college system in Ha- Madam President, I close my re- I am told Petty Officer Douangdara waii become full-fledged 4-year col- marks today by asking my colleagues had a joyful disposition and a deep leges. For example, he played a major to join me in passing this straight- sense of commitment to American role in the establishment of a school of forward, bipartisan, and commonsense ideals that were evident to everyone he pharmacy and a school of nursing at ski areas bill and to support full fund- encountered. John’s high school friends the University of Hawaii’s Hilo cam- ing for the Land and Water Conserva- and teachers recall his sense of humor pus. tion Fund. I also ask my colleagues to coupled with a competitive desire to Pat also serves as a teacher, a men- work with me to enact locally devel- win. Participating on the high school tor, and psychologist to my staff, a oped wilderness proposals, such as the mock trial team was one way he di- role that will be difficult to replace. San Juan Wilderness Act. rected his very considerable energy. I thank Pat for his decades of hard As we tackle unemployment and how John was also about helping others. work, his service to the people of Ha- to grow the economy, let’s not forget It was not a surprise to those who waii and this Nation, and, most impor- the important role our public lands can knew him that his energy, focus, and tantly, for his friendship. and will play in the future. empathetic nature would lead him to f I yield the floor and suggest the ab- military service and the challenge of FURTHER CORRECTING H.R. 2608 sence of a quorum. working with the Navy SEALs. The ACTING PRESIDENT pro tem- John belongs to a very special fam- Mr. INOUYE. I ask unanimous con- pore. The clerk will call the roll. ily. His mother and father escaped sent that the Senate proceed to the im- The legislative clerk proceeded to from Laos 31 years ago and emigrated mediate consideration of H. Con. Res. call the roll. to the United States. They settled in 83, which was received from the House. Mr. JOHANNS. Madam President, I South Sioux City, Nebraska, where The PRESIDING OFFICER. The ask unanimous consent that the order they grew and nurtured a very re- clerk will report the concurrent resolu- for the quorum call be rescinded. spected family. The South Sioux City tion by title. The ACTING PRESIDENT pro tem- community honored John with a spe- The assistant legislative clerk read pore. Without objection, it is so or- cial memorial service on September 25, as follows: dered. 2011. They also named a local park A concurrent resolution (H. Con. Res. 83) f after John. directing the Clerk of the House of Rep- I know his community and Nebras- resentatives to make a further correction in HONORING OUR ARMED FORCES kans as a whole are enormously proud the enrollment of H.R. 2608. NAVY MASTER-AT-ARMS PETTY OFFICER FIRST of his service. I am confident they will Without objection, the Senate pro- CLASS JOHN DOUANGDARA provide his family with comfort during ceeded to consider the concurrent reso- Mr. JOHANNS. Madam President, I this very difficult time. lution. rise today to honor a fallen hero—Navy Today, as we bow our heads with the Mr. INOUYE. Mr. President, I ask Master-At-Arms Petty Officer First Douangdara family, I ask that God be unanimous consent that the resolution Class John Douangdara of South Sioux with all those serving in uniform and be agreed to, the motion to reconsider City, Nebraska. Petty Officer that He bring them home safely. be laid upon the table, and that any

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.011 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6066 CONGRESSIONAL RECORD — SENATE October 4, 2011 statements related to the resolution be in the bank for more petty attacks dur- and bring them forward now—right printed in the RECORD. ing the election season. But why else now. We could pass a payroll tax cut The PRESIDING OFFICER. Without would we spend hours and days trying for both employers and employees. I objection, it is so ordered. to ram through one-sided bills that stood when he said that. I clapped. I The concurrent resolution (H. Con. can’t pass simply to highlight our dif- agree with him. Res. 83) was agreed to. ferences? Is that honestly why we were We can also pass his version of the Mr. INOUYE. I suggest the absence of sent here today? Because there is no Hire A Hero Act that provides tax in- a quorum. Republican bill that is going to pass centives for employers to hire our he- The PRESIDING OFFICER. The and there is no Democratic bill that is roes who are returning from doing in- clerk will call the roll. going to pass. It needs to be a bipar- credible service for our country. It puts The assistant legislative clerk pro- tisan, bicameral effort that the Presi- them back to work. Their unemploy- ceeded to call the roll. dent will sign. ment rate is 25 percent. I am all for it. Mr. BROWN of Massachusetts. I ask We face very huge challenges. That I clapped again. It is a great idea. unanimous consent the order for the means we must rise to the occasion and We can get to work on reforming our quorum call be rescinded. rise above politics to accomplish the Tax Code in a way that eliminates The PRESIDING OFFICER. Without very big things the American people loopholes and leads to lower rates. We objection, it is so ordered. expect from their elected officials. Our can do these things. It is possible. jobs and economic picture, as we all Those are the things we agree on and f know, is bleak. The line of unemployed we should be doing immediately—not CONCLUSION OF MORNING workers would stretch across America just bringing a bill forward, knowing it BUSINESS and back again. Our national debt and is not going to pass and then spotting The PRESIDING OFFICER. Morning deficits are spiraling out of control. a particular person or party for an business is closed. Working families are getting squeezed election season that is so far away that by the high cost of energy, high health if we don’t do something right away, f care costs, high education costs. Busi- we are going to be in deep trouble and CURRENCY EXCHANGE RATE nesses are squeezed by high tax rates, miss the opportunity. We are Ameri- OVERSIGHT REFORM ACT OF burdensome regulations, and uncer- cans first. We can do it better and we 2011—MOTION TO PROCEED tainty about the future and the polit- should do it better. ical leadership in this country. Our I have been a little bit discouraged— The PRESIDING OFFICER. Under housing market is frozen, and the gov- it seems to go in ebbs and flows—about the previous order, the Senate will re- ernment is making it harder and hard- the ability to actually have an open sume consideration of the motion to er, rather than easier, for borrowers to amendment process. We had to sign a proceed to S. 1619, which the clerk will refinance. Yet with all these challenges letter to the President guaranteeing we report. we have, the answer here in Wash- would actually move forward with the The assistant legislative clerk read ington is just more of the same—more trade agreements. Then we had an open as follows: threats, more gridlock, more partisan- amendment process and, quite frankly, Motion to proceed to the consideration of ship. I say enough already, because I I think when it was done, everybody S. 1619, a bill to provide for identification of have said this back home in Massachu- was satisfied that it was just that—an misaligned currency, require action to cor- open amendment process—and we got rect the misalignment, and for other pur- setts and people, I think, greatly ap- poses. preciate the sentiments: We are Ameri- some good suggestions and sent them cans first. If we don’t work together off to the President. I am eager for The PRESIDING OFFICER. The Sen- right now—at this moment in time, those bills to be passed. ator from Massachusetts. right now—then we are going to miss a We need to allow our Members to WORKING TOGETHER great opportunity. offer their own ideas on job creation. Mr. BROWN of Massachusetts. Mr. We need to focus on jobs. We need to There is no one particular person, President, I appreciate the opportunity focus on the economy. That is what I whether it be the President, the major- to come down to the floor once again have done since the day I got elected. I ity leader, the minority leader, or any to speak to you and the American peo- believe the American people deserve individual here, who has all the ideas ple. I come to the floor today because better. They deserve better than con- on job creation. Since when? I have a there is something that too many peo- gressional gridlock and political vote, just as each and every one of my ple in Washington, DC, are missing gamesmanship. For example, the Presi- colleagues does. I am sure the Pre- right now; that is, we are Americans dent—not you, Mr. President, but the siding Officer has some amendments he first. President—has given us a jobs bill that thinks would help job growth in his It is a simple idea but one that seems isn’t perfect, but it is a start. The ma- State. I know we have worked on one easily forgotten in politics because jority leader has said the Senate might that was cited by independent groups Washington has a way of making elect- consider the President’s package even- as being probably the No. 1 way to ac- ed officials act like partisans rather tually. Really? Eventually? We are in a tually get the economy moving, but we than problem solvers. For example, financial emergency. We are going to will not even have the opportunity to how can any one Member of the Senate talk about creating jobs eventually? allow that to be filed as an amend- be 100 percent right? I just don’t know Let’s be honest with those who sent ment. Is that right? Of course not. how that happens. How can they also us. The current proposal from the I have a number of bipartisan pieces vote 100 percent of the time with their President isn’t going to pass either of legislation, one of which I just ref- own party? Do they honestly believe Chamber if it relies entirely on tax in- erenced with the Presiding Officer, to their party is right 100 percent of the creases to pay for it. I know it and the help boost our economy in Massachu- time or is it easier than going with the Presiding Officer knows it. So when we setts. Whether it is working with our alternative—easier than working to- bring it up, are we going to try to fishermen to protect that industry gether with people whom one doesn’t make it better? Are we going to try to which provides food for American citi- agree with on every single issue? pass it? zens and throughout the world or I ran for the Senate to make a dif- I urge the majority leader to bring whether it is the high-tech sector, bio- ference, and I believe the voters of this the jobs bill—or jobs bills—to the floor farming—you name it—my bills will country sent us here to find ways in that can actually get 60 votes as well help solve, as will the Presiding Offi- which we can all agree, to move our as have a chance of passing in the cer’s and others, some of our economic country forward and to make things House. What would they look like? problems. It will not be done overnight, better. Governing wisely doesn’t mean They would look like parts of the but it is a first step. There is abso- spending all our time politicking— President’s proposal that actually have lutely no reason we can’t move forward making the other side uncomfortable bipartisan support and can help our fel- to have an open amendment process on by voting a certain way or taking un- low Americans immediately. We should a bill that will actually create jobs. comfortable votes, putting those votes take the things everybody agrees on But they will make a difference in

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.013 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6067 Massachusetts today, and that is what I thank the Presiding Officer. I yield been held up now for over 900 days—and my constituents sent me here to do. the floor and suggest the absence of a that I think are going to pass. I believe Secondly, we need to focus on our quorum. this body is going to embrace them be- debt and deficits. They are out of con- The PRESIDING OFFICER. The cause we know this country is losing trol. When I got here, we had an $11.5 clerk will call the roll. market share in the three countries we trillion national debt. It is now up to The bill clerk proceeded to call the are reaching an agreement with. We $14.5 trillion in a little over 1 year. roll. are losing market share in South There is plenty of blame to go around. Mr. REID. Mr. President, I ask unan- Korea, we are losing market share in I hear my colleagues ranting and rav- imous consent that the order for the Colombia, and we are losing market ing and blaming everybody, but every- quorum call be rescinded. share in Panama. In other words, the body is at fault. Let’s acknowledge The PRESIDING OFFICER. Without manufacturers in Tennessee and Vir- that and set aside the sniping of wheth- objection, it is so ordered. ginia and all across this country have a er we should blame this administration f lesser ability to sell their goods into or that administration because, quite these three countries because these RECESS frankly, it doesn’t matter. It doesn’t three free-trade agreements are not in matter at this point. Everyone has con- The PRESIDING OFFICER. Under place. But it is my sense we are getting tributed, and now everyone needs to the previous order, the Senate stands ready to do something constructive, in work together to solve these very real in recess until 2:15 p.m. a bipartisan way, and approve these problems. Thereupon, the Senate, at 12:33 p.m., bills. I am urging the debt committee to recessed until 2:15 p.m. and reassem- So what is stunning to me is that we put aside partisanship and remember bled when called to order by the Pre- would be actually taking up another that we are, once again, Americans siding Officer (Mr. WEBB). bill that would likely hurt trade with first and we have an opportunity right now—right now, in this moment in f the fastest growing other economy and time—to do it better and to solve these CURRENCY EXCHANGE RATE the biggest other economy in the very real problems. We should not get OVERSIGHT REFORM ACT OF world. By the way, China does manipu- lost in party politics. We should think 2011—MOTION TO PROCEED—Con- late its currency. It does do that. It has the way great American leaders have tinued something called a managed float. always thought. They didn’t waste Their financial system is antiquated. It The PRESIDING OFFICER. Does the is being liberalized. They understand time scoring points. They took the Senator from Tennessee wish to be long view. They thought about leaving what they are doing with their cur- heard on the motion to proceed? rency has to change. a legacy for the next generation and Mr. CORKER. I do. leaving our country in a better place. I Over the last 5 years, the Chinese The PRESIDING OFFICER. The Sen- know, as the Presiding Officer does, currency has actually appreciated rel- ator is recognized under the motion to and many others, I have pictures of my ative to our dollar by 30 percent. China proceed. children and my family—no grand- knows it has to do even more of that. Mr. CORKER. Mr. President, I rise to children yet—here in my office in The fact is, as the standard of living in speak about the bill that is about to Washington and in my home and in China improves, people are going to come before us—the China currency Boston. If we care about the young peo- want even greater access to American manipulation bill, as many are calling ple in those photos, we should be de- goods. So what we ought to be doing, it. I want to speak about this bill be- manding—absolutely demanding, we instead of trying to create a trade war cause I think it is poor public policy. should have a lot of the folks who are with a country we want to create bet- I know back home in all of our States not in leadership actually get up and ter relationships with, is focus on the demand a bipartisan compromise on people are concerned about the future; real problems that exist in China. the debt, one that finally puts us back I am concerned about the future. Peo- There is no question the Chinese on the track toward a balanced budget. ple are concerned about manufacturing Government—the Chinese Govern- As the Presiding Officer knows, be- jobs; I am concerned about manufac- ment—needs to open procurement poli- cause I believe he served with him, be- turing jobs. But it seems to me what cies. As a government, they are a large fore I held this Senate seat, it was held we ought to focus on are those things purchaser of goods. Right now they by the late Senator Ted Kennedy and that will take us to the place we want have laws in place that cause them to before that it was held by John F. Ken- to be. purchase those goods from companies nedy. I wish to remind my colleagues I know a lot of times when we are that exist in China. We need to cause that it was President Kennedy who fa- having these types of economic situa- them to open. The Secretary General, mously said: ‘‘Those to whom much is tions, the country turns inward. The or the person we believe to be the next given, much is expected.’’ country tries to look for other things leader of China, is going to be here in The voters have given us so much. to blame for the cause of where we are, January. This is something our Presi- They have given us so many opportuni- and I think that is exactly what this dent ought to talk with him about ties to do it better and to be better in bill is doing. Here we have a situation when he comes to visit and create an solving our country’s very real prob- where our economy is slow, we have a opportunity for success for our compa- lems. They have given us a responsi- financial crisis in Europe that has cre- nies in America to be able to sell goods bility and an opportunity to come here ated tremendous fear in every country to China. and work and get something done. in the world. Yet what we are looking Secondly, we should focus on intel- Every minute we waste, we let them at doing in the Senate is creating a lectual property rights. There is no down. With every petty attack, they trade war with the second largest econ- question Chinese companies take ad- get more cynical and expect less and omy in the world—an economy that is vantage of U.S. companies by stealing less from the people who serve in this growing rapidly and where our exports intellectual property rights. It exists great and historic Chamber. While to this country grew twice as fast in in almost every area. That is some- Washington bickers, their faith in our the year 2010 as it did, on average, with thing we certainly should be talking to democracy is waning. So I, for one, the rest of the world. China about. challenge the majority leader, the mi- To me, Mr. President, this is one of Thirdly, we ought to be talking nority leader, and all the Members to those bills where we cut our nose off to about China investing in this country. finally do something for the American spite our face. It is one of those bills The fact is, we would like to see more people who need our leadership so where we try to make it look back plants created in this country. We badly. Let’s work together on these big home as though we are doing some- would like to see more manufacturing challenges. Let’s renew the faith the thing constructive when what we are occur. So, yes, we should be talking to people of America have bestowed in us really doing is hurting the U.S. econ- China about making investments in and let’s remember we are Americans omy. this country. first and we owe it to them to do it bet- We have three free-trade bills that Lastly, we should certainly be cre- ter. are coming to the floor—that have ating avenues for Chinese consumers to

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.017 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6068 CONGRESSIONAL RECORD — SENATE October 4, 2011 have greater access to American goods. tectionism or trade war; we are in a then it is shipped and milled in China Those are the types of solutions we trade war. Look at the number of jobs and then sold back here. ought to be talking about, and they we have lost to China in the last 10 The labor cost of making paper is can certainly be dealt with at the exec- years. We don’t have to look very far only 10 percent of the cost. Yet they utive branch level. There are WTO vio- to know every time we go to the store can undercut prices here. Why is that? lations we ought to be bringing to the and buy something, it seems darned Well, we assume they subsidize water WTO’s attention. near everything is made in China. It and capital and land and energy. We This bill, in my opinion, is great in wasn’t that way 10 years ago. It sure also know they get a 25-percent addi- optics. It allows Senators to go back wasn’t that way 20 years ago. tional subsidy because of currency be- home—by the way, the Senate is sup- Ten years ago this body made a mis- cause the Chinese game the currency posed to be the cooler place. It is inter- take—many of us opposed it, and I was system. They devalue their currency. esting the leadership in the House, in the House of Representatives then— They underappreciate, if you will, their where we might expect a bill like this with something called permanent nor- currency, meaning they, in a sense, get to move out quickly—a hot piece of mal trade relations with China—letting a bonus. legislation—has already talked about China join the World Trade Organiza- When they sell anything to the what bad policy this is. So, hopefully, tion. In those days, there was a rel- United States, they get a 25-percent this bill will not gain traction if it atively small trade deficit with China. discount. So they can undercut Amer- passes the Senate and goes to the A trade deficit means we buy more ican manufacturers that could be even House of Representatives. The fact is, from them than we sell to them. Today more efficient than they are or, if the this is not the kind of thing the Senate that trade deficit with China is about United States sells into China, our sell- ought to be taking up, and certainly $750 million every single day. Every ers, our producers, get a 25-percent not something the Senate ought to be day we buy $750 million more in prod- penalty. passing. ucts from China than we sell to China. But look at the job loss. This is the We are now in a situation where we If we are buying that much more whole story. This really is the whole have an economic slowdown, the mar- than we sell day after day after day—7 story. We have 10 cosponsors. We have kets are continually getting worse— days a week, 52 weeks a year—we end five Democrats—Senator SCHUMER and and have been, especially since August up losing jobs because these are the I and Senators HAGAN, STABENOW, and 2—and we have a financial crisis in Eu- things we were making in this country. CASEY—and five Republicans—Senators rope where contagion with those finan- Never in our history do I remember— SNOWE and COLLINS of Maine and Sen- ators SESSIONS of Alabama, BURR of cial institutions is potentially spread- and I am not a professional historian, North Carolina, and GRAHAM of South ing around the world. Yet the Senate, but I have never heard anybody say Carolina. This is a bipartisan effort in its wisdom, is considering a trade otherwise on this—that companies in that got 79 votes out of 98 yesterday. war to add to all of that. This is ex- one country would shut their produc- tion down—stop producing steel in So when I hear the other side say we actly the kind of reaction and behavior are starting a trade war, look at this that took place in the 1930s. Again, it is Steubenville or stop producing chemi- cals in Cleveland or stop producing chart. This is California, in the last 10 almost as if we cannot learn from the years, since PNTR—since we set up cars in Dayton or stop producing glass past. this relationship with China and al- in Toledo—shut down a plant, move it Mr. President, I understand that lowed China into the World Trade Or- to another country—often China—and numbers of Senators voted to proceed ganization. Look at the job loss. Cali- then sell the product back into the to this bill, and I understand we ought fornia lost almost a half million jobs. home country, back to the United to have debate on this kind of bill. Most of these are manufacturers. Texas States of America. That is not a ticket That is what the Senate is for. But I lost 232,000. My State lost 103,000 jobs. would encourage all of my colleagues for anyone in America to gain middle- These are 103,000 people that saw on both sides of the aisle not to have class status, and it is not good eco- their plants close. We have lost 50,000 an investment in this bill. nomic policy. It doesn’t put us in the manufacturing plants in this country Again, I realize there are numbers of place we need to be. in the last decade or so. These are cosponsors, but I would encourage all So when I hear the opponents to this 103,596 people, our people. If they lose my colleagues on both sides of the aisle whole idea of leveling the playing field their job, $16-an-hour manufacturing, to stand up and to realize this is ter- say: Oh, my gosh, the Senate, which is they often lose their health insurance; rible policy. I know back home it may supposed to cool the saucer—whatever they often lose their home. sound good, but I hope when Americans that George Washington/Thomas Jef- It is easy for us to talk numbers and understand what we are doing is pur- ferson saying was—cool the hot tea in easy for us, dressed like this and get- suing the wrong issues in the name of the saucer, or however he said that, ting paid well to do these jobs, to for- trying to make ourselves look good and then say this is a trade war, that get what an individual suffering from back home, this bill will not see the our attempt to simply level the playing this kind of job loss is all about. Imag- light of day. Hopefully, we will not field is a trade war, that is just unilat- ine a family in Richmond or a family have the 60 votes to have cloture on eral disarmament. The Chinese under- in Columbus, where they lost their job, this bill. stand what a trade war is about. then they lost their health care, and Mr. President, I yield the floor. Let me cite one example real quick- then they lost their home. They have The PRESIDING OFFICER. The Sen- ly. I was talking to a gentleman who to go to their 12-year-old daughter and ator from Ohio. works for paper companies in the say: Honey, we are going to have to Mr. BROWN of Ohio. Mr. President, I United States, including paper manu- move. We are losing our house. We hear this over and over and over in this facturers we still have in Ohio, in Chil- can’t live here anymore. body and in the House of Representa- licothe and West Carrollton, sort of the These are terrible human problems. tives; that whenever the President of Dayton area, and down into Butler To dismiss our efforts to try to come to the United States talks about increas- County near Cincinnati and other an even, level playing field so we can ing taxes on millionaires—just making places around the State, and he said compete is what we need to do, not their tax rate the same as middle-class the Chinese didn’t even have a coated using names such as trade war and pro- taxpayers—the other side yells ‘‘class paper industry 15 years ago. That is the tectionism and class warfare and all warfare, class warfare, class warfare’’ kind of paper that is the glossy maga- that. against the rich. Yet we know class zine-type paper. The Chinese started I will conclude my remarks. There warfare in this country is being aimed this industry 15 years ago. They buy will be much more in the next 2 days’ right at the middle class and has cost their wood pulp in Brazil, then ship it debate on these issues. so many jobs and caused so many peo- to China, and then it is milled in I suggest the absence of a quorum. ple in the middle class to see their in- China. Paper is expensive to transport. The PRESIDING OFFICER. The comes remain flat for the last 10 years. It is heavy, for the cost of it, and it is clerk will call the roll. When I hear discussions about trade, bulky, for the cost of it. But the Chi- The assistant bill clerk proceeded to I always hear characterizations of pro- nese take wood pulp from Brazil, and call the roll.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.019 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6069 Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The himself—let me count the number of imous consent that the order for the clerk will report the amendment to the times: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11—12 quorum call be rescinded. instructions. times the President of the United The PRESIDING OFFICER. Without The legislative clerk read as follows: States himself, over the last few weeks, objection, it is so ordered. The Senator from Nevada [Mr. REID] pro- has called on us to have this vote. As Under the previous order, all poses amendment numbered 697 to the in- he put it: I want Congress to pass this postcloture time is yielded back and structions of amendment No. 696 to the mo- jobs bill right away. Well, I hope it will the motion to proceed to S. 1619 is tion to recommit. not pass because I do not think it is the agreed to. The amendment is as follows: right direction for the country to take f In the amendment, strike ‘‘6 days’’ and in- to begin to deal with the joblessness sert ‘‘5 days’’. issue, but I do think the President CURRENCY EXCHANGE RATE makes an important point—that he is OVERSIGHT REFORM ACT OF 2011 Mr. REID. I ask for the yeas and nays. entitled to a vote. If I were to be given an opportunity The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there a by my good friend the majority leader, the previous order, the clerk will re- sufficient second? I would offer the President’s jobs bill, port the bill by title. There is a sufficient second. which we think would be more accu- The legislative clerk read as follows: The yeas and nays were ordered. A bill (S. 1619) to provide for identification rately described as stimulus 2, sort of a AMENDMENT NO. 698 TO AMENDMENT NO. 697 of misaligned currency, require action to redo of the approach and the bill we ap- correct the misalignment, and for other pur- Mr. REID. I have a second-degree proved back in 2009, after which we poses. amendment at the desk. have lost 1.7 million jobs. Therefore, I AMENDMENT NO. 694 The PRESIDING OFFICER. The would ask consent to set aside the Mr. REID. The bill having been re- clerk will report the second-degree pending motion and amendments in ported, Mr. President, I have an amendment. order to offer the amendment which I amendment at the desk. The legislative clerk read as follows: have just described and hold in my The PRESIDING OFFICER. The The Senator from Nevada [Mr. REID] pro- hand at this moment. clerk will report. poses an amendment numbered 698 to amend- The PRESIDING OFFICER. The ma- The legislative clerk read as follows: ment No. 697. jority leader. The Senator from Nevada [Mr. REID] pro- The amendment is as follows: Mr. REID. Mr. President, reserving poses an amendment numbered 694. In the amendment, strike ‘‘5 days’’ and in- the right to object, I am not going to The amendment is as follows: sert ‘‘4 days’’. do a long dissertation on stimulus 1, the jobs bill that, in effect, did so much At the end, add the following new section: Mr. REID. I suggest the absence of a good for our country. I can’t talk about SEC. ll. EFFECTIVE DATE. quorum. The provisions of this Act shall become ef- The PRESIDING OFFICER. The the other 49 States, but I can talk fective 3 days after enactment. clerk will call the roll. about what the Recovery Act did for Mr. REID. I ask for the yeas and nays The assistant bill clerk proceeded to the State of Nevada. It basically saved on that amendment. call the roll. the State of Nevada from going into The PRESIDING OFFICER. Is there a Mr. REID. I ask unanimous consent bankruptcy, hundreds of millions of sufficient second? that the order for the quorum call be dollars to help State government stop There is a sufficient second. rescinded. massive layoffs of teachers and create The yeas and nays were ordered. The PRESIDING OFFICER. Without tens of thousands of jobs in areas such as renewable energy. So that is enough AMENDMENT NO. 695 TO AMENDMENT NO. 694 objection, it is so ordered. on the American Recovery Act. I Mr. REID. I have a second-degree Mr. MCCONNELL. Mr. President. thought it was extremely important amendment at the desk. The PRESIDING OFFICER. The Re- for Nevada. Other Senators can come The PRESIDING OFFICER. The publican leader. and talk about how their own States clerk will report. JOBS BILL benefited. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, for ‘‘Right away’’ is a relative term. The The Senator from Nevada [Mr. REID] pro- 3 weeks President Obama has been President has been calling for a vote on poses an amendment numbered 695 to amend- traveling across the country calling on his jobs bill and rightfully so. Why did ment No. 694. Congress to pass what he calls his jobs he start calling for a vote on his jobs The amendment is as follows: bill right away. Here is what he will bill? Because there was again one of In the amendment, strike ‘‘3 days’’, insert say in Texas today, if he has not said it the long obstructions that took place ‘‘2 days’’. already: At least put this jobs bill up in the Senate and in the House on an MOTION TO COMMIT WITH AMENDMENT NO. 696 for a vote so the entire country knows issue that was fairly simple. What was Mr. REID. I have a motion to commit where every Member of Congress that? Funding the Federal Emergency the bill with instructions that is also stands. Well, I agree with the Presi- Management Agency. These dev- at the desk. dent. I think he is entitled to a vote on astating floods, tornadoes, hurricanes, The PRESIDING OFFICER. The his jobs bill. and fires had created a situation where clerk will report. The suggestion that the Senate Re- FEMA was about to go broke. You The legislative clerk read as follows: publicans are not interested in voting would think we could move quickly The Senator from Nevada [Mr. REID] moves on his jobs bill is not true. I think he past that, but, no, we couldn’t because to commit the bill (S. 1619) to the Committee is entitled to a vote. It won’t surprise something we agreed on in late July— on Finance with instructions to report back anyone to know I do not think it is a that we would fund the government for with amendment No. 696. good approach, a way that is likely to the rest of the year—was again brought The amendment is as follows: create jobs, but he has asked for a vote. to the forefront and because the Repub- At the end, add the following new section: I think we ought to accommodate the licans were threatening to close down SEC. lll. EFFECTIVE DATE. President of the United States on a the government again. So of course the The provisions of this Act shall become ef- matter he has been speaking frequently President was calling for his jobs bill. fective 6 days after enactment. about over the last few weeks and give He recognized that what was going on Mr. REID. I ask for the yeas and nays him his vote. here in the Senate and in the House on that amendment. In fact, they have been calling for was a waste of time; that is, why were The PRESIDING OFFICER. Is there a this vote with great repetition. His we spending time unnecessarily on sufficient second? There is a sufficient Press Secretary said it on October 3, funding one of the essentials of govern- second. and David Plouffe, the White House ment; that is, taking care of people The yeas and nays were ordered. Senior Adviser, said the same thing on who have been devastated by these ter- AMENDMENT NO. 697 TO AMENDMENT NO. 696 September 27. David Axelrod, his top rible storms and other calamities. Mr. REID. I have an amendment to strategist, called for us to have this We have moved very quickly, after the instructions. vote on September 13. The President we got through that slog caused by the

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.021 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6070 CONGRESSIONAL RECORD — SENATE October 4, 2011 Republicans, to get FEMA funded and asking us repeatedly over the last few jobs bill and to vote on it now. Just to to get the CR extended for 6 weeks. We weeks to vote on it now. If my friend count again, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, are now on something that is long the majority leader is saying he 11—12 times the President has asked overdue: China currency. China has doesn’t want to honor the President’s us, over the last few weeks, to vote on been manipulating its currency for a request and vote on it now but would what he calls his jobs bill now. I don’t long time. In the last 10 years, we have like to consider voting on it later, that think the President is saying he wants lost 2 million jobs because of this. If is something he and I can discuss as we an extensive debate about it; I think he there were ever a jobs bill, it is this we decide how to move forward with Sen- is saying he wants a vote on it. I want- are doing on the floor right now. ate business. ed to disabuse him of the notion that I sponsored the President’s bill. I am But I think the President of the somehow we are unwilling to vote on the one who brought it to the floor. I United States, whose policies I, gen- his proposal. We are more than happy have announced in a number of speech- erally speaking, do not support—al- to vote on it. es I have given out here that I believe though I am happy to support his ini- I understand why my friend the ma- we should move to this jobs bill. We tiatives on trade, be they ever so late— jority leader may have some reserva- need to move to this right away, there is entitled to know where the Senate tions about going forward. I have read is no question about that, but to tack stands on his proposal that he has been a number of critiques of this legisla- this onto the China currency manipula- out talking about over and over in the tion by Democratic Senators, one part tion legislation is nothing more than a last few weeks, suggesting that we are of it or another. But even though there political stunt. We all know that. If we unwilling to vote on it. is bipartisan opposition to the Presi- don’t, we should know. I am telling ev- What I am saying is, we don’t agree dent’s jobs proposal, I think he is enti- eryone. I said I will bring the American that it is the right policy, but we are tled to a vote. So I am sorry it appears Jobs Act to the floor this work period. more than willing to vote on it. What we will not be able to achieve this vote We have 2 more weeks left in this work I hear my friend the majority leader the President has repetitiously asked period. saying is that even though he supports for over the last few weeks. I would Obviously, the Republican leader, my it, he wants to vote on it some other like to give him that vote, and we will friend, the Senator from Kentucky, time. Well, the President has been say- be talking to the majority leader about wants to do something about the jobs ing he doesn’t want to vote on it some when we might have an opportunity to bill. I am glad he does. He wants us to other time, he wants to vote on it now. vote on his proposal, the President’s move this forward. So my suggestion If my friend is saying we are not proposal which the majority leader in- would be to modify my friend’s unani- going to vote on it now, I would be troduced, which he has been requesting mous consent request and suggest that happy to talk to him and reach an un- us to vote on. we have the permission, for lack of a derstanding to vote on it later. But my The PRESIDING OFFICER (Mr. better word, of the Republicans here in feeling here is that the least we can do FRANKEN). The majority leader. the Senate to immediately move—the for the President is give him a chance Mr. REID. Mr. President, the Presi- motion to proceed would be unneces- to have a vote on his proposal now, as dent introduced his jobs bill. Imme- sary. We could move to that as soon as he has requested on numerous occa- diately, the Republicans continue their we finish—you have two choices: either sions. So I will object to the modifica- obstruction on issues very simple but as soon as we finish the China currency tion, understanding full well the ma- maintain the floor. There are things legislation or we finish the trade legis- jority leader and I, off the floor, will going on here. You just can’t automati- lation, which Senator MCCONNELL and I have further discussions about when we cally move to legislation. We know the have talked about finishing next week. might move to the President’s bill and Senate procedure takes 60 votes to get So I would move to modify my friend give him the vote he has been request- on a piece of legislation. the Republican leader’s consent agree- ing. The President was calling upon Con- ment that we move immediately to the Mr. REID. Mr. President, further re- gress, and especially the Republicans legislation I have introduced on behalf serving my right to object, there are 14 in Congress, to allow his jobs bill to of the President either after we finish million people in this country who are move forward. As I indicated, we were the China currency legislation or after out of work. hung up here on issues that had very the trade bill, whatever my friend What a charade we have going on little to do with the jobs bill. In fact, would rather do. here. We are in the midst of some of we should not have been doing it. All The PRESIDING OFFICER. The the most important legislation we have the time, I repeat, we have been hung pending request is a request from the done this entire year—China currency up on FEMA funding, on the con- Republican leader. manipulation—and we now have a pro- tinuing resolution, which should have Mr. REID. I have asked that it be posal that is ridiculous on its face; that been approved quickly because we modified. is, we vote with no debate on the Presi- agreed to that last July, but they The PRESIDING OFFICER. Does the dent’s jobs bill. This is senseless. It is reneged on that even, and threatened Republican leader so modify his—— unfair to bring this up in this form. We to shut down the government unless Mr. MCCONNELL. Mr. President, re- are going to get to this, and we are FEMA was paid for the way they want- serving the right to object, I listened going to do it either as soon as we fin- ed. We were able ultimately to win carefully to what my good friend the ish this China currency or after we fin- that debate, but it took a long time. majority leader had to say, and he was ish the trade bills, whatever I can work So when the President said he wants talking about other matters debated at out with my Republican colleague so to move to his legislation right away, other times—the first stimulus bill, on that I can move to it. It takes 60 votes he was absolutely candid and forth- which I think we probably have a basic to get to this legislation. right. He wanted to clear the unimpor- disagreement. I think it was almost a The American people, I am sure, can tant things off the floor—the stalling total failure. He also talked about the see through this very clearly, that this tactics on the floor—and move to his debate we had with regard to the con- is nothing more than a political stunt. bill, and that is what we are going to tinuing resolution, which was finally It is clear we need a full debate on do. worked out on a bipartisan basis. But this—we don’t need a filibuster—and What I would be willing to do, if my those are things that occurred in the that time will come very soon, so I ob- friend would be agreeable—would the past. ject. Republican leader agree to a vote on What I am trying to do here today by The PRESIDING OFFICER. The ob- the motion to proceed to the jobs bill? suggesting that we vote on the Presi- jection is heard. We could do that. We could interrupt dent’s jobs bill which my good friend The PRESIDING OFFICER. The Re- this legislation right here. We could in- the majority leader has previously in- publican leader. terrupt the trade bills. We could vote troduced and I gather by way of intro- Mr. MCCONNELL. Mr. President, if I on a motion to proceed to the jobs bill. duction supports, that we honor the re- may elaborate further, we have had a Mr. MCCONNELL. Mr. President, is quest of the President of the United request from the President on multiple my friend propounding a consent agree- States to vote on it now. He has been occasions to vote on what he calls his ment or simply asking a question?

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.030 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6071 Mr. REID. I think if the Republican So it is not at all unusual that the Federal dollars that go to R&D fund- leader is interested in the subject, I President’s proposal of this con- ing, loan guarantees, and public-pri- could put it in proper form, but we get sequence, that would raise taxes, that vate partnerships in order to help de- the point. To get it on the floor, it would spend $1⁄2 trillion in a second velop the next generation of tech- needs 60 votes. I would be happy to, if stimulus bill, would have to achieve 60 nologies here are supposed to be mak- the Republican leader would agree to a votes. That is the way virtually all ing American businesses competitive vote on a motion to proceed to the jobs business is done in the Senate, cer- and generating American jobs, not bill. tainly not extraordinarily unusual. helping develop other industries such Mr. MCCONNELL. Mr. President, let Mr. REID. The American people will as those in China. My amendment me say to my good friend, I am pre- see very soon that a majority of the would prohibit that practice. pared to vote on the President’s pro- Senate supports the President’s jobs Last year, the U.S. Chamber of Com- posal today. If the majority leader bill. merce issued a report entitled ‘‘China’s wants to vote on it some other day, we I note the absence of a quorum. Drive for Indigenous Innovation.’’ The can talk about that, about how to The PRESIDING OFFICER. The Chamber noted that China’s master move forward with it. But the Presi- clerk will call the roll. plan for the development of science and dent has been repeatedly asking us to The assistant legislative clerk pro- technology ‘‘is considered by many take it up and vote on it now, and I am ceeded to call the roll. international technology companies to prepared to do that. With regard to The PRESIDING OFFICER. The Sen- be a blueprint for technology theft on a taking it up some other time and vot- ator from Virginia. scale the world has never seen before.’’ ing on it some other day, we will be Mr. WEBB. Mr. President, I ask The report went on to state that Chi- happy to talk about that off the floor, unanimous consent that the order for na’s ‘‘persistent’’ intellectual property as we do frequently on every issue we the quorum call be rescinded. theft is ‘‘compounded by the indige- deal with. The PRESIDING OFFICER. Without nous innovation industrial policies Mr. REID. Mr. President, I am sure objection, it is so ordered. which compel technology transfers in that in the immediate future—right Mr. WEBB. I ask unanimous consent order to have access to the China mar- away—the American people will see, to speak for 10 minutes and that fol- ket.’’ once again, the Republicans are filibus- lowing my remarks, Senator BARRASSO The New York Times recently re- tering measures they shouldn’t be fili- be recognized. ported that Ford Motor Company is looking to share proprietary tech- bustering—this time, the jobs bill. The PRESIDING OFFICER. Without nologies for electric vehicles in ex- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. would just add in closing, I think my Mr. WEBB. Mr. President, I wish to change for selling cars in China. The good friend’s problem—and I sym- speak for a few minutes about an electric vehicle sector has been devel- pathize with him—is that there is bi- amendment I introduced that, in my oped through Federal R&D funding, partisan opposition to the President’s view, gets to the heart of some of the loan guarantees, and public-private partnerships—costs borne by American proposal. more troubling Chinese trade policies Mr. REID. Mr. President, I heard my that are threatening the economic se- taxpayers. In 2009, for instance, Ford friend say that, and I didn’t want to curity and the long-term competitive- Motor Company received a $5.9 billion get into a long dissertation about bi- ness of our country. loan guarantee from the Department of partisan opposition. There are 53 of us. It is well known that many American Energy to advance its vehicle tech- A majority of Democrats will support companies operating in China are re- nology manufacturing program. We see these types of transfers in the President’s jobs bill. quired to transfer their intellectual other industries as well. The Wash- Mr. MCCONNELL. The majority lead- property and proprietary technology to ington Post reported last month that er just confirmed what I was saying, China as a prerequisite for doing busi- General Electric has transferred valu- which is that there is bipartisan oppo- ness in that country. I will repeat that able aviation avionics technology to sition to this, and we will discuss at they are required to transfer this tech- state-owned Aviation Industry Cor- what point the majority leader is com- nology. Despite assurances from the poration of China. Our government has fortable with going forward with this Chinese leadership earlier this year long supported the aviation industry proposal. My only reason for offering it that this was no longer ‘‘official’’ Chi- through procurement initiatives and nese policy, China does continue to be today was to respond to the President’s Federal research projects. The fruits of aggressive and overt in its pursuit of request that we vote on it, and we are American taxpayer support will now be foreign intellectual property as it prepared to do that. If we can’t do it incorporated into Chinese commercial seeks to develop its own, what it calls today, we will be happy to discuss, as airliners, in line with China’s desire to we always do, the agenda of the Senate indigenous innovation. Companies such develop an internationally competitive and when it would be appropriate to as General Electric and Westinghouse, aircraft industry that could rival vote on it some other time. among many others, have been re- American-based Boeing. Mr. REID. Mr. President, I know I quired to transfer proprietary tech- We see similar examples of tech- only have in my head the math I nology to Chinese counterparts in nology transfer in the nuclear energy learned from Mrs. Picker at Search- order to do business there. sector. According to the Financial light Elementary School. But I do If a private company has developed Times, Westinghouse Electric has know, when we have 53—and I have told technology on its own and it makes a transferred more than 75,000 documents everyone here we will get a majority of business decision to transfer that tech- to Chinese counterparts as the initial the Senate—a majority of the Senate, nology to a joint venture partner in a phase of a technology transfer program not a majority of the Democrats, a ma- place such as China, unless there are in exchange for a share of China’s jority of the Senate—that is not very national security issues, we are obli- growing nuclear market. These docu- bipartisan opposition to this bill. gated to respect the free marketplace. ments relate to the construction of Mr. MCCONNELL. Mr. President, I They may be seeking short-term prof- four third-generation AP1000 reactors can only quote my good friend the ma- its at the expense of long-term com- that Westinghouse is building in China. jority leader who repeatedly has said, petitiveness, but that is a business de- American taxpayers supported the most recently in early 2007, that in the cision. But it is a different case when development of the AP1000 as well as Senate it has always been the case we the American taxpayer has financed its predecessor, the AP600, through need 60 votes. This is my good friend the development of these technologies decades of nuclear energy research and the majority leader when he was the through Federal funding assistance, development at the Department of En- leader of this majority in March of and I do not believe it is appropriate to ergy. In other words, our taxpayers 2007, and he said it repeatedly both allow those technologies simply to be provided years of government support when he was in the minority as leader given away to other countries. for the design and licensing of this re- of the minority or leader of the major- Every American owns a piece of in- actor. ity, that it requires 60 votes certainly tellectual property that has been fi- In a January 2010 letter to Obama ad- on measures that are controversial. nanced through taxpayer assistance. ministration officials, the heads of 19

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.033 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6072 CONGRESSIONAL RECORD — SENATE October 4, 2011 American business and industry asso- nate against foreign companies in the con- protect American innovation and ciations wrote of ‘‘[s]ystemic efforts by text of procurement, including for commer- American jobs, and it is intended to China to develop policies that build cial purposes. make America more competitive and These particular programs are part of a their domestic enterprises at the ex- broader set of government policy initiatives to create jobs here at home. In cases pense of U.S. firms and U.S. intellec- covering, for example, patents and stand- where technologies are developed with tual property.’’ Signatories to that let- ards, competition policy, encryption and tax, the support of the American taxpayer, ter included the Business Roundtable, the effect of which is creating barriers to my legislation prohibits companies the National Association of Manufac- competition in the Chinese market for our from transferring the technology to turers, and the U.S. Chamber of Com- most innovative companies. countries that by law, practice or pol- They also run counter to repeated pledges merce. by the Chinese government to avoid protec- icy, require proprietary technology I ask unanimous consent that this tionism, including the joint commitment of transfers as a matter of doing business. letter be printed in the RECORD. President Hu and President Obama at their Specifically, it says: A country There being no objection, the mate- recent summit in November to pursue open which, by law, practice or policy, is re- rial was ordered to be printed in the trade and investment. Moreover, they do not quired to transfer proprietary tech- RECORD, as follows: provide a constructive framework for a posi- nology or intellectual property as a JANUARY 26, 2010. tive, cooperative and mutually beneficial re- condition of doing business in that lationship. Hon. HILLARY RODHAM CLINTON, country will not be the recipient of any U.S. economic growth relies in significant Secretary of State. measure on access to key international mar- of these technologies that were devel- Hon. TIMOTHY GEITHNER, kets. China is the world’s third largest econ- oped with the assistance of the Amer- Secretary of the Treasury. omy and represents a major potential growth ican taxpayer. Hon. ERIC H. HOLDER, JR., market for the United States. A healthy Quite simply, if taxpayers supported Attorney General. U.S.-China bilateral relationship requires an the development of the technology, Hon. GARY F. LOCKE, expanding economic relationship based on they own a piece of it, and it can’t just Secretary of Commerce. mutual openness. Systematic efforts by Hon. RON KIRK, be given away. The transfer of publicly China to develop policies that build their do- supported proprietary technologies by U.S. Trade Representative. mestic enterprises at the expense of U.S. DEAR SECRETARY CLINTON, SECRETARY firms and U.S. intellectual property is not a American firms to China, and poten- GEITHNER, ATTORNEY GENERAL HOLDER, SEC- framework for a positive and cooperative re- tially other countries, clearly and un- RETARY LOCKE AND AMBASSADOR KIRK: We lationship. Additionally, we are further con- equivocally places the competitive ad- seek your urgent attention to policy devel- cerned that such policies, if left unchal- vantage of the American economy at opments in China that pose an immediate lenged, will be pursued by other important danger to U.S. companies. The Chinese gov- risk. trading partners, compounding the impact ernment has promulgated a series of ‘‘indige- Our trade laws are designed in order on the U.S. economy. nous innovation’’ programs as part of a long- to protect national security, but our We respectfully request that your agencies economic security is also an element of term plan that threaten to exclude a wide make this issue in particular a strategic pri- array of U.S. firms from a market that is ority in your bilateral economic engagement our national security. Intellectual vital to their future growth and ability to with China; develop, in consultation with the property in the civilian sector should create jobs here at home. Given the far- business community and like-minded foreign also be protected. My amendment reaching impact of these policies on the governments, a strong, fully coordinated re- seeks to do that. American economy, we urge you to make sponse to the Chinese government; and raise I believe this is an issue every Sen- this a strategic priority in our bilateral eco- this issue with your Chinese counterparts in ator can support. nomic engagement with China. all appropriate multilateral and bilateral For several years, the Chinese government I thank the Presiding Officer and meetings and forums. yield the floor. has been implementing indigenous innova- With best regards, tion policies aimed at carving out markets The PRESIDING OFFICER. The Sen- Stephen J. Ubl, President and CEO, ator from Wyoming. for national champions and increasing the AdvaMed; Richard R. Vuylsteke, Presi- locally owned and developed intellectual dent, The American Chamber of Com- A SECOND OPINION property of innovative products. We are in- merce in Hong Kong; Brenda Lei Fos- Mr. BARRASSO. Mr. President, I creasingly alarmed by the means China is ter, President, The American Chamber come to the floor, as I have repeatedly using to achieve these goals. of Commerce in Shanghai; Harley since the health care bill was signed Of most immediate concern are new rules Seyedin, President, The American issued by the Chinese government in Novem- into law, to offer a doctor’s second Chamber of Commerce in South China; ber to establish a national catalogue of prod- opinion about issues related to that John Castellani, President, Business ucts to receive significant preferences for health care law. Roundtable (BRT); Robert W. government procurement. Among the cri- A group of House and Senate Repub- Hlolleyman, II, President and CEO, teria for eligibility for the catalogue is that lican lawmakers, including Senator Business Software Alliance (BSA); Bob the products contain intellectual property Vastine, President, Coaliton of Service THUNE of South Dakota, released a that is developed and owned in China and Industries (CSI); Gary Shapiro, Presi- startling new report about the Presi- that any associated trademarks are origi- dent and CEO, Consumer Electronics dent’s health care law. The report is nally registered in China. This represents an Association (CEA); Calman J. Cohen, entitled ‘‘CLASS’ Untold Story: Tax- unprecedented use of domestic intellectual President, Emergency Committee for property as a market-access condition and payers, Employers, and States on the American Trade (ECAT); Dean C. Gar- makes it nearly impossible for the products Hook for Flawed Entitlement Pro- field, President, Information Tech- of American companies to qualify unless gram.’’ I commend this report to my nology Industry Council (ITI); Robert they are prepared to establish Chinese colleagues. Barchiesi; President, The International brands and transfer their research and devel- Many may remember that President AntiCounterfeiting Coalition (IACC); opment of new products to China. Obama’s health care law established a John Engler, President and CEO, Na- This directive targets some of our most in- brandnew, Federal long-term care enti- novative and competitive manufacturing and tional Association of Manufacturers (NAM); Evan R. Gaddis, President and tlement program. It is called the service industries, including computers, soft- CLASS Program, the Community Liv- ware, telecommunications and green tech- CEO, National Electrical Manufactur- nology. Once this system is in place, it is ex- ers Association (NEMA); Bill Reinsch, ing Assistance Services and Supports pected to be expanded to other industries. President, National Foreign Trade Program. The November directive was followed in late Council (NFTC); Ken Wasch, President, This CLASS Program pays a stipend December by the announcement that the Software & Information Industry Asso- to individuals enrolled when they are government would develop a broader cata- ciation (SIIA); Phillip J. Bond, Presi- unable to perform daily living activi- logue of indigenous innovation products and dent and CEO, TechAmerica; Grant ties—dressing, bathing, eating. To Seiffert, President, Telecommuni- sectors to be afforded preferences beyond qualify for the benefits, an individual government procurement (i.e., including sub- cations Industry Association (TIA); Peter Robinson, President and CEO, would have to pay a monthly premium sidies and other preferential treatment). The for 5 years—pay a monthly premium December announcement, which was issued United States Council for International by four Chinese agencies including the State Business (USCIB); Thomas J. Donohue, for 5 years—before the Federal Govern- Owned Assets Supervision and Administra- President and CEO, U.S. Chamber of ment starts to pay out any of the bene- tion Commission (SASAC), also raises the Commerce. fits. specter of China subtly encouraging its Mr. WEBB. I am introducing a very The health care law mandates that many state-owned enterprises to discrimi- simple amendment. It is intended to the CLASS Program collect individual

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.034 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6073 premiums for those 5 years before the to create yet another unsustainable en- and Evaluation also raised the red flag. program actually even starts to pay titlement program, an entitlement pro- According to the report, one employee out benefits. gram this country simply cannot af- wrote in an e-mail on October 22: It sounds pretty good but not so fast. ford. The Obama administration’s own Seems like a recipe for disaster to me. . . . When it comes to the health care law, Chief Actuary, a man named Richard I can’t imagine that CLASS would not have the American people have come to re- Foster, repeatedly tried to tell admin- high levels of adverse selection given the sig- alize that if it sounds too good to be istration officials that the CLASS Pro- nificantly higher premiums compared to true, it probably is. gram was not fiscally sound. Internal similar policies in the private market. The CLASS Program was supposed to e-mails from Mr. Foster first warned Just a week after Senator THUNE re- start January 1, 2011—10 months ago. administration officials in May of leased this stunning new report on the But the Obama administration’s offi- 2009—well before the health care law floor of the Senate, media outlets indi- cials decided to delay the program be- was enacted. cated that the Department of Health cause they know it does not work. It is According to that report, Mr. Fos- and Human Services has closed its now known that the CLASS Program ter’s e-mail says: CLASS Program. Mr. Bob Yee, the was an intentionally designed budget The program is intended to be ‘‘actuarially CLASS Chief Actuary, announced the gimmick—that is correct: an inten- sound’’, but at first glance this goal may be closure in an e-mail. He went on to say tionally designed budget gimmick. impossible. Due to the limited scope of the he would leave his position as the During Senate floor debate of the insurance coverage, the voluntary CLASS CLASS office Actuary effective imme- President’s health care bill, I, along plan would probably not attract many par- diately. News reports indicated the with many other Members of this side ticipants other than individuals who already CLASS office’s employees have either of the aisle, warned repeatedly—repeat- meet the criteria to qualify as beneficiaries. been reassigned or asked to leave. edly—that the CLASS Program is a fi- He went on to say: Mysteriously, however, the Depart- nancial disaster waiting to happen. While the 5-year ‘‘vesting period’’ would ment of Health and Human Services The Congressional Budget Office esti- allow the fund to accumulate a modest level issued a statement denying the office mated the CLASS Program would re- of assets, all such assets could be used just was officially closing. In fact, the duce the deficit by $70 billion over a 10- to meet benefit payments due in the first few statement failed to say if and when the months of the 6th year. year period. These savings are myth- CLASS Program would even start. The ical, and they come from the premium Then, a key sentence: Obama administration has had 18 dollars CLASS collects those first 5 The resulting substantial premium in- months to figure out how to implement years, before it pays out a single creases required to prevent fund exhaustion this CLASS Program. Recent develop- penny. would likely reduce the number of partici- ments show they are not even close to During those first 5 years, the pro- pants, and a classic ‘‘assessment spiral’’ or resolving questions about the pro- ‘‘insurance death spiral’’ would ensue. gram is not required to pay out any gram’s solvency. benefits to any individuals. Over its What does this mean in plain The American people deserve more. first 10 years, the Congressional Budget English? It means the CLASS pre- The American people deserve the truth. Office says this CLASS Program will miums will be too expensive to per- The evidence is indisputable. Adminis- collect $83 billion in premiums and suade young, healthy people to partici- tration officials at the Department of only pay out $13 billion in benefits. pate. It means the CLASS plan’s long- Health and Human Services knew the But instead of holding on to the $70 term care payout is very enticing to CLASS Program was unsustainable, billion in excess premiums collected to people who know they are going to and they knew it before President pay for future expenses we know are need the care; healthy people do not Obama signed the health care bill into coming, Members of the Senate—Mem- participate, sicker people do partici- law. They knew it. Yet this Senate and bers on the other side of the aisle—used pate. Individuals in the health care the House of Representatives and the those same funds to pay for President system call this phenomenon adverse administration failed in their duty to Obama’s health care law. selection. When adverse selection oc- be honest with the American people To add insult to injury, Washington curs, the American taxpayer is at very and to tell them the truth. Democrats then tried to claim that the serious risk of being forced to bail out Were administration officials delib- $70 billion could also be used to pay the program when it fails. erately hiding CLASS’s true cost for down the deficit. The report goes on to show that Mr. political gain? This is certainly not the The American people immediately Foster repeated his concerns during first time during the last several weeks saw this claim was irresponsible. Even the summer of 2009. He writes to an- that we have seen troubling reports ex- the Senate Budget Committee chair- other administration official: posing the administration’s tendency man, Senator KENT CONRAD from North I’m sorry to report that I remain very to ignore financial warnings. They ig- Dakota, admitted the CLASS Program doubtful that this proposal is sustainable at nore the warnings so they can advance was ‘‘a Ponzi scheme of the first the specified premium and benefit amounts. politically important projects to order—something Bernie Madoff would He says: them—projects that turn into expen- be proud of.’’ Yet the President and Thirty-six years of actuarial experience sive failures, with the American tax- Washington Democrats pushed to in- lead me to believe that this program would payers being stuck with the bill. clude this CLASS Program in the collapse in short order and require signifi- I see this report, this incredible health care law. cant federal subsidies to continue. study, as yet one more piece of evi- This new report provides undeniable Let me remind everyone that the dence that the President’s health care evidence that administration officials Chief Actuary is a nonpartisan, high- law must be repealed. It must be re- knew the CLASS Program’s design and ranking official at the U.S. Depart- pealed and replaced with reasonable, payment structure were fiscally ment of Health and Human Services. commonsense, and financially sound unsustainable. The Obama administra- The Chief Actuary’s estimates are crit- alternatives: patient-centered reforms tion knew it. Yet they repeatedly ig- ical to understand the health care that allow individuals to get the care nored the explicit and persistent warn- law’s true fiscal impact and long-term they need, from the doctor they want, ings. viability. at a price they can afford. One might ask: Why is that? The Mr. Foster certainly does not have an I yield the floor. only logical explanation is, administra- ax to grind. He simply offered his anal- The PRESIDING OFFICER. The Sen- tion officials chose to hide the CLASS ysis based on the data, and the Obama ator from Utah. Program’s true cost from congressional administration ignored it. Not only did Mr. HATCH. Mr. President, I rise in lawmakers and the American people— Obama administration officials ignore support of amendment No. 680 that we all to advance President Obama’s ideo- Mr. Foster, they stopped requesting his have filed. I am concerned that the bill logical health care agenda. input. But Mr. Foster was not alone. before us will have only marginal ef- This push to advance an agenda, In the fall of 2009, the Department of fects on China’s manipulation of its rather than reasonable patient-cen- Health and Human Services’ Office of currency. My amendment offers a dif- tered health care reforms, served only the Assistant Secretary for Planning ferent approach, one which I believe

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.036 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6074 CONGRESSIONAL RECORD — SENATE October 4, 2011 will be more effective over the long ernment to take other unilateral ac- term interests, and their actions need term. tions against China, many of which to be addressed. Let me first say, I strongly agree may actually harm U.S. exporters di- Many of my colleagues may argue with the sponsors of this bill about the rectly or expose them to potential re- that negotiations in the WTO and IMF need to send a strong signal to China, taliation by the Chinese. To succeed will not work. My amendment address- and other currency manipulators as over the long term, I think we must go es that potential problem in its second well, that massive intervention in the in a different direction. section. It provides that if the Sec- currency markets to gain trade advan- My amendment does just that. My retary of the Treasury and the U.S. tage will no longer be tolerated. For amendment strikes the unilateral pro- Trade Representative cannot make the international economic system to visions while retaining the core of the progress to effectively mitigate the ad- work, every country, including China, bill that actually advances our shared verse effects of fundamentally mis- needs to play by the rules. goal of combating Chinese currency aligned currencies within the WTO and Similarly to many of my colleagues, practices. I agree with my colleagues the IMF within 90 days, then the ad- my frustrations with China’s trade and that the exchange rates and Inter- ministration shall enter into economic practices go far beyond cur- national Economic Policy Coordina- plurilateral negotiations outside of the rency manipulation. For example, Chi- tion Act of 1988 is simply not working. WTO and IMF to develop agreements na’s failure to protect intellectual Administration after administration with our friends and allies who are also property rights, China’s industrial poli- refuses to exercise its authority and committed to open and fair currency cies, their limitations on American in- deem China a currency manipulator. policies. vestment, and their unfair support and This is enormously frustrating to all of These negotiations will need to de- subsidization of State-owned and us, especially since candidate Obama State-assisted enterprises are all very velop mechanisms to mitigate the ad- campaigned against China’s current verse effects of priority action country serious problems we need to address. currency practices, and after being So while today we are focusing on currency policies, and to encourage elected had his own Treasury Secretary currency manipulation, I look forward those priority action countries to testify before Congress that China is, to working with Senator BAUCUS to ex- abandon their interventions into their in fact, manipulating its currency. Yet amine potential solutions to these currencies. they refuse to act. We have seen multilateral ap- problems through Finance Committee So I agree the Congress must tighten hearings on China, which I hope we will proaches work in the past in combating the criteria and establish a more objec- some of China’s unfair trade and eco- hold soon. tive approach to identifying fundamen- The sponsors of this bill assure us nomic practices. For example, China tally misaligned currencies and desig- that their approach is WTO consistent changed course on both its aggressive nating fundamentally misaligned cur- and will not result in a trade war with indigenous innovation policies and on one of our largest trading partners. rencies for priority action. efforts to hoard its rare earth mate- I supported this goal in the past and Given the importance of these ques- rials primarily due to multilateral continue to today. I also agree we need tions, I wrote Secretary Geithner and pressure against the Chinese. These im- to hold the Secretary of the Treasury Ambassador Kirk to request the admin- portant issues have not been solved and and the U.S. Trade Representative ac- istration’s views. While they assured us require additional efforts. countable. So I have retained the re- they are reviewing the bill, to date, quirements under this bill that they re- But by working with our friends and they have not publicly weighed in one port to and testify before Congress on our allies, we effectively convinced the way or the other. It seems to me they Chinese Government to take a more need to weigh in. Given that they know their progress. But to succeed over the long term we need to adopt a fun- constructive approach. Let’s build on the Senate is debating the legislation the successes we have witnessed in re- this week, I think this is very unfortu- damentally different approach. We have had some success in the cent years. Let’s work together to nate. If the administration is going to past. For example, during the Bush ad- counter, in a systematic and com- have any impact on this debate, I ministration, from 2005 to 2008, nego- prehensive way, the efforts of those would urge them to comment soon. tiations pushed China to appreciate its priority action countries that derive Even though I have supported similar trade advances through current policy. legislation in the past, I have con- currency by 20 percent. Unfortunately, the Obama administration has had no To be clear, I am not suggesting that tinuing reservations about this ap- the United States violate any of its proach. Fundamentally, we must re- such success. international obligations. That point is main focused on one question: Will this My amendment builds on this suc- made clear in the amendment. But I legislation actually solve the currency cessful model but also takes it a step am suggesting that the solution to the problem with China? After careful con- further. First, my amendment directs currency problem cannot be achieved sideration, I have come to the conclu- the Secretary of the Treasury and the unilaterally, and our negotiators must sion it will not. While well-intentioned, U.S. Trade Representative to initiate reach out to our allies to aggressively the bill is too focused on unilateral re- negotiations in the World Trade Orga- counter the behavior of China and oth- medial actions. As a result, I fear the nization and the International Mone- ers. So far the administration has bill will only have a marginal effect on tary Fund to develop effective remedial failed to lead on the currency issue. My China’s practices, while at the same rules and actions that will mitigate the time potentially targeting many U.S. adverse trade and economic effects of amendment requires that they do so. exporters for trade retaliation by fundamentally misaligned currencies The third section of my amendment China. designated for priority action under helps maintain pressure on the admin- For example, the Congressional this bill, and that will encourage pri- istration to take concrete action. It re- Budget Office scored this bill as gener- ority action countries to adopt appro- quires the Treasury Department and ating $61 million in revenue over 10 priate policies to eliminate the funda- the USTR to report to Congress every years. To put this in context, in 2010 mental misalignment of their cur- 180 days following enactment of this alone, the United States imported al- rencies. bill. In these reports the administra- most $365 billion of goods from China. The WTO and the IMF were designed tion must identify: one, the countries Given the scope of the problem, I find to handle complex issues like currency, with which the United States is con- it difficult to believe that unilaterally so we should start there and work with ducting negotiations to mitigate the imposing an additional $6 million in our allies to devise long-term and ef- adverse effects of priority action cur- antidumping and countervailing duties fective solutions. Working with like- rencies, and in what international fora a year on Chinese imports will compel minded countries, we should be able to or negotiating configurations those ne- China to change its currency policies agree that when individual members gotiations are taking place; two, the or have any meaningful impact on our advance their nationalistic interests so remedial rules and actions under dis- trade deficit with China. aggressively through currency manipu- cussion in those negotiations; three, Many of the other remedial provi- lation that they threaten the whole any remedial rules that have been sions in this bill require the U.S. Gov- global economy and their own long- adopted and any remedial actions that

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.037 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6075 have been taken pursuant to those ne- So I call on my colleagues to join me tentions, his integrity, his hard work gotiations; and, four, what, if any, ad- and to not just send a message but to and desire to see things happen. To say ditional authority the Secretary or the take actions that could, in fact, to the Chinese: Please negotiate, is a U.S. Trade Representative needs from produce results. In the end, China strategy for weakness, is a strategy for Congress to conduct these negotiations itself, as well as its neighbors and trad- failure, and multilateral action will and to effectively mitigate the adverse ing partners, will benefit from a more not succeed. The Chinese understand trade and economic effects of fun- open, transparent, and fairly ex- only one thing—I will yield in a brief damentally misaligned currencies or to changed currency regime. What is at moment to my colleague for a question implement coordinated actions with stake is far more than making a state- or a comment, whichever he prefers. other countries. ment. We need to actually alter the But the Chinese only understand one Finally, my amendment sets up a international agreements and the rules thing: being tough; telling them, if process to immediately take advantage of the game to address the problems of they do not discontinue these actions of ongoing international trade negotia- today and tomorrow. we are going to take action unilater- tions by establishing a new priority ne- So I urge my colleagues to support ally on our own. I have been doing this gotiating objective of the United this amendment when it comes up. I for years. I can tell you, China’s poli- States for ongoing and future trade hope we can get it up once we come to cies get worse and worse and worse. As agreements. This new objective re- the final agreement on how to proceed one of my constituents said to me: quires that each party agree to not on this bill. Uncle Sam, when it comes to China, is fundamentally misalign its currency in I yield the floor. Uncle Sam. a manner that would result in a pri- The PRESIDING OFFICER. The Sen- To have a policy that involves large ority action designation and agree to ator from New York. multilateral actions and says to the work together to mitigate the adverse Mr. SCHUMER. Mr. President, my Chinese: Come and negotiate with us, trade and economic effects of fun- main purpose is to address the China makes no sense at all. damentally misaligned currency by currency bill, particularly in regards to I yield for a brief moment on my non-parties such as China. the remarks of Speaker BOEHNER and time to my colleague from Utah—for a For example, if the Trans-Pacific Chairman Bernanke. But there are two minute or so. Partnership negotiations are to tackle other points I wish to make on pre- Mr. HATCH. Well, I appreciate that. 21st-century trade and investment vious speakers’ comments. First, Sen- My colleague has always been very fair issues, as the USTR continues to prom- ator WEBB’s amendment. and gracious to me. I feel the same way ise, I think this plurilateral negotia- It is a very important amendment. toward him. I understand his deep feel- tion would be a great place to start to What it says, of course, is that in cases ings about this matter. I respect and address the challenges of fundamen- where commercial technologies are de- appreciate them as well. But I am not tally misaligned currencies. Working veloped with the support of U.S. tax- talking about necessarily negotiating with this group of like-minded coun- payers, it prohibits companies from with China directly, other than what tries, we should be able to agree transferring the technology to coun- we can do. I am talking about dealing amongst all nine parties that no party tries that force proprietary transfers as will fundamentally misalign its cur- with nations that literally are feeling a condition of doing business. We have rency. the same way we do, and gradually We should also be able to agree to seen this over and over. multiplying our effectiveness by work- work together to counter the actions of China, which does not play fair up ing together—not just sending a mes- other countries whose interventions in and down the line, basically gets away sage but getting the whole world to currency markets destabilize the glob- with economic murder. One of their start saying: Yes, the United States is al economy. We have seen multilateral techniques is to say to a big American right; yes, this group of nations is engagement work in other areas. If we company: We will allow you to sell a right. And we can do that even outside are truly going to solve this currency ton of stuff to us. You will make lots of of the international organizations that problem, we need to look at what other money. But in return you must give us currently exist. efforts have actually produced some re- your proprietary technology—basically But I would like my colleague to sults in moving the Chinese off a mer- your family jewels. look at that amendment and see—I cantilist policy course and improve the It is outrageous, and in the long run think he will see some real good in it. conditions for American businesses and it weakens America’s ability to grow I think it will get us farther down the workers competing against the Chi- and create jobs. The companies do this pathway of doing what he knows needs nese. because in the 5- or 10-year period in to be done, and I know needs to be We can all agree that China’s mas- which they have signed the contract, done, without necessarily causing a sive interventions in its financial sec- they get a lot of revenue. But it cer- major trade war. tor and currency have disrupted global tainly hurts American workers, and it So I just bring that up to my col- trade and that its efforts to benefit certainly hurts these companies in the league for that purpose, respecting him China at the expense of others has long run. But the CEOs probably figure and what he is trying to do. I think harmed many countries and workers, they will be long gone before that this plural lateral approach I am talk- including many in our own United money is made. So I want to support ing about goes far beyond the IMF and States. But I believe rather than mere- Senator WEBB’s amendment. some of the other worldwide organiza- ly sending a message to China, we must In regards to my good friend from tions; it means really doing effective try and find real, long-term solutions Utah who proposed an alternative, I diplomatic work to bring worldwide and empower and direct our nego- would say this: We have tried for a dec- pressure to get people to live within tiators to reach out to our friends and ade to get multilateral action. That in- certain monetary constraints. allies around the world and finally volves getting China’s acquiescence. It I thank my colleague for yielding. solve the problem. is not going to happen. Multilateral ac- Mr. SCHUMER. I thank my col- If existing institutions are not work- tion—like saying to the Chinese: league, and I understand his good in- ing, we must modify them. If that is Please—has not worked. It will not tentions and desire to get to the same not possible, we must look to create work. Our legislation is much stronger. place, which is to get China to behave new effective international agree- It can pass. It got a large vote here this fairly. I certainly will look at his bill. ments. The challenge that China’s cur- week. It has bipartisan support. I simply say this: Growing up in rency interventions present are not I know Speaker BOEHNER—I will talk Brooklyn, we had to deal with a lot of just to the United States but to the about this in a minute—has said he bullies. The only time bullies give in is international economic community. will not take up our bill. But there is when you stand up to them. The pro- We, the Congress, must demand that going to be huge pressure for him to do posal my colleague has made does not the administration launch these crit- so, as I will elaborate later. stand up to China. ical negotiations so we can avert fur- So to my good friend from Utah—and The nations of the world have made ther damage by currency policies of I have tremendous respect for him, and their opinions clear. Recently, Brazil countries like China. I do not doubt for a minute his good in- did. China doesn’t care. They will only

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.039 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6076 CONGRESSIONAL RECORD — SENATE October 4, 2011 care if there are sanctions, tough sanc- a few sanctions, but they won’t create economic recovery. I fear to think tions that give consequences to their a trade war. The only thing worse than that. I fear to think their goal is to unfair—and usually illegal by WTO even a trade war is continuing our make sure the economy is so bad that standards—action. present policies where, 5 and 10 years they might do what our Republican Now I want to talk about Speaker from now, America cannot get up off leader said was his No. 1 goal: unseat BOEHNER’s remarks and Ben the ground because of unfair Chinese President Obama. I shudder to think Bernanke’s remarks. policies. that the millions of American house- Last night was a milestone in the The House Speaker seems to want to holds without jobs, with people looking Senate. For years, the Government of sit out this fight. He seems to want us and searching to find a way to provide China has been willfully breaking the to take a hands-off approach to China. some dignity for their families, have to rules of free trade without provoking a He says, ‘‘This is well beyond what be political fodder for a goal to hold formal response from the U.S. Govern- Congress should be doing.’’ I am aghast the economy back. I don’t want to em- ment—until yesterday. The full Senate at that notion, that the Speaker says brace that conclusion, but it is hard to for the first time went on record that that fighting for American jobs against see another explanation for, on the one it wanted to consider formal action to unfair practices China foists upon us is hand, trying to twist the arm of the confront China’s currency manipula- well beyond what Congress should be Fed when it comes to U.S. monetary tion. It was a lopsided vote, a bipar- doing. What should we be doing? There policy but when it comes to fighting tisan majority of both parties, with 79 is nothing else Congress should be back against China, to say: Hands off. Senators in favor. We will spend the doing except rising to defend American That is totally inconsistent. next few days debating the particulars, jobs. I also find the Speaker’s position on but make no mistake about it, when it If he doesn’t believe these practices this China currency measure strange comes to China’s unfair trade prac- are unfair, he should just listen—the because if he blocks this measure, he is tices, there is a consensus to act in the Speaker should—to Chairman effectively thwarting the will of his Senate. Bernanke. This is what he said this own Members in the House, where It can be hard at times here to get 79 morning: there are 225 cosponsors—61 Repub- votes to turn the lights on. When the The Chinese currency policy is blocking licans at last count—for a measure majority leader and the minority lead- what might be a more normal recovery proc- similar to the one being debated in the er vote together to move forward on a ess in the global economy. It is . . . hurting Senate right now. It is clear there is a major jobs-boosting measure, we the recovery. consensus in the House very similar to should not delay in moving forward. He is the top economist in the land. the one here in the Senate. So I urge But then today, less than 24 hours after It is hurting the recovery, I say to the the Speaker to heed his own Chamber the Senate saw the overwhelming vote Speaker. That is what Ben Bernanke and put this bill on the floor. Don’t in favor of moving forward to finally said. Does the Speaker really think it thwart your own Members who want to confront China with real action, the is beyond what Congress should be support this measure. Give it an up-or- Speaker of the House of Representa- doing—to confront something that is down vote. Even if the leadership tives suggested he would not take up hurting the recovery, that everyone doesn’t want to vote for it, they should the bill if it passes the Senate. He who studies it says is unfair, that no- at least allow the will of the House to called it dangerous. The Speaker’s ar- body has come up with a solution to? go forward. They should not suppress gument is behind the times. The only Multilateral negotiations? Give me a the collective will of their Chamber be- thing that would be dangerous would break. China won’t budge. We know cause at the end of the day you have to be to continue turning the other cheek that. ask yourself which side you are on. while China mounts its assault on U.S. I find it ironic that the Speaker Two major candidates for President jobs, U.S. wealth, and U.S. manufac- wants a hands-off approach on China’s on the Republican side support this turing. Up and down the line, they op- unfair currency practices considering legislation. John Huntsman, who just pose fair practices. They are mercantil- he, along with the rest of the Repub- got back from China—hardly known as ists, maximizing their wealth at the lican leadership in both the House and a radical—said he would sign this bill. expense of American workers, Amer- the Senate, just sent a letter a couple I haven’t talked to him, but I can tell ican companies, and American jobs. weeks ago seeking to meddle in U.S. you, having worked on this issue for 6 Critics like the Speaker say the bill currency policies. Just 2 weeks ago, the years, I am sure that former Ambas- could start a trade war with China. Republican leadership in the House and sador Huntsman is totally frustrated Well, I have news, Mr. President: We Senate sent a letter to Chairman with the Chinese, and he knows that, are already in a trade war with China, Bernanke trying to influence his han- unfortunately, the legislation intro- and it is not going that well. American dling of monetary policies in a highly duced by his fellow Utahan doesn’t ad- companies are fighting for survival in inappropriate way. It was nothing dress it and that the Chinese don’t the United States and around the short of a breach of a protocol that has react when you ask nicely. They don’t globe, battling subsidized Chinese ex- long been observed, which is that you react when you ask, period. They only ports with a built-in price advantage of don’t put political pressure on the Fed- react when there are consequences that 20 to 40 percent. eral Reserve because they need to han- are harmful to them if they continue We cannot raise the white flag on dle monetary policy in an economic the unfair, anti-free-trade policy. American jobs, American wealth, and way, not a political way. A former Fed For some inexplicable reason, the Re- American manufacturing. We can com- official called that attempt to politi- publican leadership in the House is sid- pete successfully against Chinese com- cally meddle in the Fed’s independent ing with the Chinese Government. This petition at home and in China and policymaking outrageous. Politico is not the time to go soft on China. The around the world but only—only—if we wrote that the letter was ‘‘an auda- top economist in the country tells us level the playing field. Our bill helps cious move against a central bank that China is holding back the recovery. level that playing field. prizes its political independence.’’ A Many other economists say that China, There is already a trade war going leading economist said that ‘‘it crosses in its currency policies, is thwarting on, I say to the Speaker. China is a line that shouldn’t be crossed.’’ and distorting world trade. I have seen cheating to gain unfair advantage. It is Let me get this straight. The Speak- some list it as one of the causes for the about time we do something about it. er and the House leadership feel it is international recession we have. We As Mr. Samuelson said in his article in OK to cross the line and try to strong- know—we know—it costs America in the Washington Post, the only thing arm the Fed but it is not OK to have jobs. worse than a trade war—and I believe the will to stand up to China. This is I want to relate what I did yesterday. that won’t happen because China has totally inconsistent, and it is hard to Just one company in upstate New more to lose in a trade war than we do, figure out how you could do one thing York—and I remind some of the edi- and if they are one thing, they are one week and say another the next torial writers and pundits who say this smart, and they won’t cut off their week—unless, of course, the House will just move jobs from China to Ban- nose to spite their face. They may take leadership’s goal is to hold back our gladesh, that they are 5 years behind

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.041 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6077 the times. We are not talking about The ACTING PRESIDENT pro tem- mittee which had jurisdiction over this jobs that are in labor-intensive indus- pore. Without objection, it is so or- subject—I was the one who stood on tries such as toys, clothing, or fur- dered. the floor of the Senate to defeat these niture. Those are gone, and they are Mr. INHOFE. Madam President, I ask bills, and it became easier as each bill not coming back. They are talking unanimous consent to speak as in came along because people recognized about top-end, middle-size, and smaller morning business for up to 15 minutes. that while the science is in question, size American manufacturers and pro- The ACTING PRESIDENT pro tem- the economics are not. ducers who have to fight with one hand pore. Without objection, it is so or- It had been determined by a number tied behind their back because of Chi- dered. of sources—including a branch of the nese currency. EPA INSPECTOR GENERAL REPORT Wharton School of Economics, MIT, This company, which makes a ce- Mr. INHOFE. Madam President, I and CRA, or Charles River Associates— ramic that is put in generators, elec- wanted to come to the floor today be- that the range of the cost of a cap-and- tric generators, prevents pollution. cause 2 days ago I got the results of an trade bill is always in the range of be- They have a great ceramic tool. They inspector general’s report that I re- tween $300 billion and $400 billion a are doing fine. But a few years ago, quested 18 months ago having to do year. China stole it; they just took it. The with the endangerment finding of the It is confusing when we talk about head of the company told me he didn’t EPA. While it is a little bit com- these large numbers. Peoples’ eyes mind because his growth was so large plicated, I will go back and put this in glaze over. They do not understand, just from selling these in the United perspective. and even I have a hard time under- States and Europe that if China wanted Back in the 1990s, we were asked by standing how this affects me and my 20 to sell them in China, where they are the then-Clinton administration to rat- kids and grandkids out in Oklahoma. building lots of powerplants, so be it. ify a treaty called the Kyoto treaty. So I have a system—and I recommend But now China is not only producing This was a treaty that was aimed at it to my friends in the Senate—that I them for consumption in China—his the reduction of greenhouse gases—an- take the number of family income tax product—it is producing them to ex- thropogenic gases and this type of returns that are filed each year—get a port to America, and this gentleman thing. Well, it didn’t pass. It went current figure—and then I do my math. said he cannot compete with them head down 95 to 0 because of two reasons: We So this range between $300 billion and to head. But when China gets a built-in all declared in this body we weren’t $400 billion, when we reduce it down to 30 percent advantage on intellectual going to ratify any treaty that, No. 1, what it would cost each family, is in property that they stole, how is he was damaging economically to the excess of $3,000 a year. Even if we were going to survive? country; and, No. 2, we would treat de- to pass something like this, it still That story can be repeated over and veloping countries differently than de- wouldn’t reduce the emissions, and over. Of course China is holding back veloped nations. Of course this missed that is what we need to get over. our recovery. Of course China’s policies on both those criteria. Anyway, when President Obama saw lose us millions of American jobs and After that happened, it became pop- this, he saw there was no way in the hundreds of billions of dollars of Amer- ular by some of the more radical envi- world the Senate or the House would ican wealth. And finally this body, in a ronmentalist groups who enjoy the pass a cap-and-trade bill. So he decided strictly bipartisan way, with five lead overregulation we have so much of in to do it just by regulation, and we have Republicans and five lead Democrats as this country to seek the introduction been talking about overregulation in cosponsors—and we have criticized of different bills. We had the McCain- the Senate. Sometimes we are inclined both Presidents Bush and Obama for Lieberman bill of 2003 and again in to think the antibusiness attitude of their failure to act—this body gets 2005. We had the Warner-Lieberman bill this administration is just in overtax- some resolve, and the Speaker says no. and several others—the Sanders-Boxer ation and this type of thing. That is not true. Overregulation is also a kill- Do you know what, I don’t believe his bill—and then, I guess, the last one was er. In this case, we are talking about ‘‘no’’ is going to stand. This is an issue a House bill called the Waxman-Mar- the overregulation of something we the American people know has to hap- key bill. Anyway, these bills were all aimed at cannot sustain. pen. This is something they care what we can do in this country in order So in order for the President to be about—Democrats and Republicans. to restrict our use of CO . Obviously— able to do through regulation what he Look at the polling. There is no par- 2 and there is no disagreement on this— could not do through legislation, he tisan divide; it includes both liberals if we in the United States unilaterally had to have what they call an and conservatives. You don’t have to reduce our CO , it will not affect the endangerment finding; that is, the En- have a Ph.D. in economics to know 2 CO emissions worldwide because this vironmental Protection Agency had to that China is cheating us and playing 2 isn’t where the problem lies. come up with a conclusion that CO is unfairly with us. 2 Even when I asked Lisa Jackson, the dangerous to our health. It is called an I believe the pressure from Members Obama-appointed Administrator at the endangerment finding. on both sides of the aisle in the other EPA, for whom I have a great deal of I was getting ready to go over to a body and, more importantly, from the respect, if we were to pass any of these meeting in Copenhagen they have American people and manufacturers all bills I just mentioned—that would have every year. These people who are pro- over the country could work, could get the effect of the Kyoto treaty but only moting these programs have these the Speaker to reconsider his view. on the United States in reducing an- meetings, and I was getting ready to go And I plead, pray, and hope that it does thropogenic gases—would this have the over there, and we had Administrator because there is no greater step we can effect of reducing CO2 emissions, she Jackson before our committee. I re- take to restore jobs in America than to said, no, because, as I pointed out, this member looking at her and saying: I pass this important bill, get it enacted would only affect the United States. am leaving for Copenhagen tomorrow. into law, and see, for once, our top- I would take the argument one step Shall I assume you are going to have notch American companies be able to further and say it would have the effect an endangerment finding as soon as I compete evenly—a fair fight—with Chi- of increasing, not decreasing, emissions leave town? She didn’t answer, but she nese manufacturers. because, as our manufacturing base has smiled. She smiles a lot. Anyway, that I thank the Chair, I yield the floor, to find power to generate itself, they is what happened when I left. and I suggest the absence of a quorum. have to go where that is. Anyway, I An endangerment finding has to be The ACTING PRESIDENT pro tem- only wanted to bring that up because based on science, and that is where this pore. The clerk will call the roll. that effort is still going on today. inspector general’s report came in. The bill clerk proceeded to call the With all these bills that have been Again, this is new stuff, just 2 days roll. before us—and at the time of most of ago. I had requested 18 months ago that Mr. INHOFE. Madam President, I ask them the Republicans were in the ma- they look into the endangerment find- unanimous consent that the order for jority and I was the chairman of the ing to see if this, in fact, is based on the quorum call be rescinded. Environment and Public Works Com- science. Of course, they came out with

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.042 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6078 CONGRESSIONAL RECORD — SENATE October 4, 2011 this report, which was just released. It non-peer-reviewed studies that the tentially costing trillions of dollars and confirms the endangerment finding, IPCC used to make baseless claims, in- thousands of jobs, the IPCC’s errors make which was the very foundation of cluding that global warming would— plain that we need openness, transparency, President Obama’s job-destroying regu- and listen to this; this is the IPCC stuff and accountability in the scientific research financed by the U.S. taxpayers. latory agenda, was rushed—and I am that has totally been rebuked—melt using their words, ‘‘rushed, biased and the Himalayan glaciers by 2035. Didn’t That was a year before the IG report flawed.’’ It calls the scientific integrity happen. came out, and it is almost exactly of the EPA’s decisionmaking process It had 40 percent of the Amazon what the IG report said just this last into question and undermines the rainforest endangered by global warm- week. credibility of the endangerment find- ing. It didn’t happen. Two months before that speech, I ing. Melt mountain ice in the Alps, asked EPA Administrator Lisa Jack- Keep in mind, we have to have an Andes, and Africa. It didn’t happen. son to delay the EPA endangerment endangerment finding before we can Slash crop production by 50 percent finding based on Climategate. She told start regulating all this stuff. Well, the in North Africa by 2020. It is something me—and I have a lot of respect for her, inspector general’s investigation un- that is not even going on. by the way. I have professed that many covered the EPA’s failure to engage in These embarrassments led to a num- times. She is one whom normally I will the required recordkeeping process ber of these same publications to de- ask her a question, and she will come leading up to the endangerment find- mand that the IPCC come clean on the out and give an answer, even though it ing. That is a requirement by law. So review process of the IPCC. may be an unpopular answer with her they did not comply with the law at I am going to read this to let every- boss, President Obama. She said: that time. It also did not follow its own one know how serious this is. I do not agree that the IPCC has been to- peer review procedures. Peer review is The Financial Times, talking about tally discredited in any way. In fact, I think the IPCC: it is important to understand that the IPCC something that is required, and they is a body that follows impartial and open and didn’t do it. Now it is time to implement fundamental objective assessments. Administrator Jackson readily ad- reforms that would reduce the risk of bias She is saying essentially the same mitted way back in 2009 that the EPA and errors appearing in future IPCC assess- thing: had outsourced its scientific review to ments, increase transparency and open up the whole field of climate research to the the United Nations’ Intergovernmental Yes, they had concerns about e-mail. I do widest possible range of scientific views. not defend the conduct of those who sent Panel on Climate Change. those e-mails. Now, this is interesting because they Time Magazine has always kind of Here, they are talking about are going back to say: All right, you been on the other side of this issue. We Climategate. We all remember those guys. You do the peer review on the might remember, Time Magazine had secret e-mails going back and forth be- very thing you have developed. Well, it on their cover this last polar bear tween the principals to somehow fraud- doesn’t work that way, and I think at standing on the last cube of ice and we ulently manipulate the science. She that time we were complaining about are all going to die. Time Magazine, goes on to say: that. So the EPA still refused to con- when they talked about the glaciers all duct its own independent review of the melting, said: There is peer-review, which is part of the science, as the EPA inspector general Glaciergate is a black eye for the IPCC and IPCC process. There are numerous, numerous groups of teams and independent researchers found. Whatever one thinks of the U.N. for the climate science community as a whole. all a part of coming up with IPCC findings, science, the EPA is still required by its The Economist: such that even the IPCC has said that while own procedures, by law, to conduct an we need to investigate and ensure that our independent review. This mixture of sloppiness, lack of commu- scientists are to a standard of scientific con- Of course, I have long warned about nication, and high-handedness gives the duct that we can be proud of, we stand be- the IPCC process and what they have IPCC’s critics a lot to work with. hind our findings. been doing in the past. In fact, it was 6 Newsweek came out: So they are all whitewashing the years ago that I sent a letter to Dr. Some of the IPCC’s most-quoted data and work of the IPCC—again, that was be- Pachauri, the head of the IPCC, specifi- recommendations were taken straight out of fore the IG report came out—but it cally raising the many weaknesses of unchecked activist brochures, newspaper ar- didn’t work because there are maga- ticles, and corporate reports—including zines throughout the world, publica- the IPCC’s peer review process. But Dr. claims of plummeting crop yields in Africa Pachauri dismissed my concerns, and and the rising cost of warming-related nat- tions which generally were on the here is what Reuters said in their arti- ural disasters, both of which have been re- other side of this argument or their cle on how Dr. Pachauri responded to futed by academic studies. Just as damaging, side of the argument. The Guardian, my request. I am quoting now from many climate scientists have responded to for example, talking about Climategate Reuters: critiques by questioning the integrity of and how they are a disgrace, said: their critics, rather than by supplying data In the one-page letter, [Pachauri] denies Pretending that this isn’t a real crisis isn’t and reasoned arguments. the IPCC has an alarmist bias and says ‘‘I going to make it go away. have a deep commitment to the integrity That was in Newsweek. So their anal- The Daily Telegraph said: and objectivity of the IPCC process.’’ ysis was that they are doing all this This scandal could well be the greatest in Pachauri’s main argument is that the IPCC stuff, and they resort to name-calling modern science. comprises both scientists and more than 130 and this type of thing because they governments who approve IPCC reports line don’t have a logical response for it. This is what they are talking about by line. Last year—and keeping in mind this with Climategate. Now, that is what he said, as re- is after I requested the inspector gen- The Atlantic Monthly: ported. As I predicted, it all came apart eral’s report and before; and still 1 year The stink of intellectual corruption is for the IPCC. On the Senate floor last ago in a speech I made right here I overpowering. year I highlighted several media re- said: Let’s remember, the economic rami- ports uncovering serious errors and There is a crisis of confidence in the IPCC. fications of global warming regulations possible fraud by the IPCC. This is the The challenges to the integrity and credi- imposed upon the EPA under the Clean United Nations we are talking about. bility of the IPCC merit a closer examina- Air Act will cost American consumers They are the ones that started all this. tion by the U.S. Congress. The ramifications somewhere in the range of $300 billion ABC News, the Economist, Time of the IPCC spread far and wide, most nota- to $400 billion a year. This is not to magazine, and the Times of London— bly to the Environmental Protection Agen- mention the absurd result that EPA among many others—reported that the cy’s finding that greenhouse gases from mo- readily admits they need to hire 230,000 IPCC’s research contains embarrassing bile sources endanger public health and wel- additional employees and spend an ad- fare. EPA’s finding rests in large measure on flaws—using their language—and the the IPCC’s conclusions—and EPA has accept- ditional $21 billion to implement its IPCC chairman and scientists knew of ed them wholesale, without an independent greenhouse gas regime if they are not the flaws but published them anyway. assessment. At this pivotal time, as the given wide discretion to circumvent Media reports uncovered a number of Obama EPA is preparing to enact policies po- the law, and all this economic pain is

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.044 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6079 for nothing—no gain at all. As the EPA same time, they are advocating in- cant in the international economy or Administrator admitted before our creasing the cost to America by $3 tril- the international marketplace as China committee, it would have no effect on lion. It is not believable. not playing by the rules, cheating time the overall release of anthropogenic I think it is very important, and I am after time after time, giving their gases. on the floor now trying to gather sup- workers and their industries an unfair Also, of note, what happened to the port for having a hearing. We can’t advantage, I think most people know EPA’s vow in 2009 that the Agency have an IG report talking about the what that means. It is not just a ques- would commit to high standards of flawed product of the EPA, of the tion of fairness and playing by the transparency because ‘‘the success of IPCC, of the United Nations and not rules; it is the impact of that cheating, our environmental efforts depends on have some kind of investigation. I hope as Americans lose jobs and have lost earning and maintaining the trust of we will be able to do that. jobs. So we have to take action. The the public we serve’’ or Obama adviser I yield the floor and suggest the ab- time is up. We have been talking about John Holdren’s promise that the ad- sence of a quorum. this for years. We have been pleading ministration would make decisions The ACTING PRESIDENT pro tem- with China in one way or another, urg- based on the best science possible be- pore. The clerk will call the roll. ing them, pushing them, but the time cause, as the President said, ‘‘the pub- The bill clerk proceeded to call the for that is over. The time to act is now. lic must be able to trust the science roll. This is a prudent piece of legislation. and scientific process informing public Mr. CASEY. Madam President, I ask It does a couple of things. Basically decisions.’’ Given what has come to the order for the quorum call be re- what it does is to at long last help light in this report, it appears the scinded. American manufacturers and our work- Obama EPA cannot be trusted on the The ACTING PRESIDENT pro tem- ers by clarifying that our trade en- most consequential decision the Agen- pore. Without objection, it is so or- forcement laws can and should be used cy has ever made. dered. to address currency undervaluation. It I have already called upon the com- Mr. CASEY. Madam President, I rise also provides an opportunity for us to mittees in the Senate—this would be to speak this afternoon about the legis- improve oversight by establishing ob- my committee of which I am the rank- lation that is before us, the Currency jective criteria to identify misaligned ing member, the Environment and Pub- Exchange Rate Oversight Reform Act, currencies and imposing tough con- lic Works Committee—to have an in- which got an overwhelming vote yes- sequences for offenders. So it doesn’t vestigation. My gosh, I don’t ever re- terday. There are not many times when put into place a new rule for inter- call in the years I have been here an IG a piece of legislation on a specific topic national trade; it just says that if you report coming out where there weren’t gets the kind of overwhelming support violate the rules, there are going to be numerous hearings to find out and to to move forward as we saw yesterday consequences and that our Treasury probe into why they came up with the in the vote that took place, and now we Department and our Commerce Depart- decisions they made. are considering the bill. ment are going to take action no mat- I have tried for 10 years now to pur- When you go across Pennsylvania, if ter what administration is in office, a sue this thing with the various bills you drew a line down the middle of our Democratic administration or a Repub- that were introduced to do legisla- State and moved to the east, a lot of lican administration. tively—to implement the require- communities were devastated by flood- I can point to a number of Senators ments. Then, when we see they are un- ing. Other than that issue, the No. 1 in both parties—and I think I am one able to do it—and if we look around issue for the people of our State—and I of them—who have been urging this ad- this Senate, there are only about 30 think the people of the United States ministration and the prior administra- votes now. They don’t have half the in total—is the issue of jobs. In their tion to take stronger, more decisive ac- number of votes to impose cap and frustration, they look to Washington tion. For a variety of reasons, they trade. They don’t have it. It is not for action and for solutions. Too often haven’t done that. That is not to say here. That is why the President is try- what they see when they turn on the they haven’t been working on it and ing to do it through regulations. television set or read about what is not to say they haven’t been pushing It is kind of interesting, if we put happening here, they see a lot of fight- their counterparts in China, but I this in perspective. This supercom- ing, a lot of bickering, a lot of back think we have been far too timid in the mittee they keep talking about, the 12 and forth and, frankly, a lot of politics approach we take because, again, this people—6 Democrats, 6 Republicans, 3 but not enough action on the question isn’t some far-off issue. This is about from the House, 3 from the Senate— of jobs. American jobs and whether we are their goal is to find $1.5 trillion in 10 What we have before us is not some going to stand by and allow more and years. We have a President in his own esoteric bill about currency, although more—tens of thousands or hundreds of budget—and this isn’t Democrats or it is somewhat about that. Obviously, thousands more—American jobs to be Republicans or House or Senate. This it truly is not that. This is a bill that lost in the next decade as we have seen is the President. His three budgets he speaks directly to the frustration hemorrhage from our society in the came out with have just under a $5 tril- Americans feel and I know the people last 10 years. One of the causes, one of lion deficit. That is inconceivable. of Pennsylvania feel. There are not the substantial factors in that job I can remember coming down here in many places in Pennsylvania I can go loss—not the only but one—is the the mid-1990s, when President Clinton where I talk about this issue of China cheating China does on its currency. was in power. The first $1.5 trillion for many years cheating on currency It is as if we are telling our workers budget we had, I complained this is not and us losing lots and lots of jobs be- and our companies: Look, we are going sustainable. Now it is $1.5 trillion over cause of it. Hundreds and thousands of to have a foot race with Chinese com- and above what it costs to run Amer- jobs are lost because of that. There are panies and Chinese workers, and we are ica. Obviously, that can’t be done. not many places in our State where I going to have this competition, as we So when we stop to think about the can go to talk about that where the have every day in the international fact that it should be fairly easy to point of view that I express doesn’t re- marketplace, but China is going to find $1.5 trillion, that would just be his ceive unanimous support. start at the—if this is a 100-yard dash, deficit for 1 year to find $1.5 trillion. This is a very real issue for people. they are going to start at the 20- or 25- This is kind of hard to follow. But if This isn’t far off. They know that, just or 30-yard line and then we are going to they were successful in implementing as in other aspects of life, especially on start the race and see how we do. what they could not do by legislation something as consequential and signifi- It is completely unfair to our work- and have a cap and trade, that would cant as international trade—most peo- ers. It undermines their ability to com- cost a minimum of $300 billion a year; ple understand that when we are in- pete even if they are working as hard or, multiply that by 10, that would be volved in that kind of endeavor, we as they can, even if they have a high $3 trillion. have to play by the rules. Every coun- skill level, even if the company has in- So we have this supercommittee out try should play by the rules. When we vested time and training in those there trying to find $1.5 trillion; at the have a country as big and as signifi- workers, has invested capital in the

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.045 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6080 CONGRESSIONAL RECORD — SENATE October 4, 2011 equipment and the technology. Some- this issue—and I am broadly summa- The PRESIDING OFFICER (Mr. times it doesn’t matter what the com- rizing, but one of the many conclusions CASEY). Without objection, it is so or- pany does to improve its production, to they reached about this issue is that if dered. improve its efficiency. It doesn’t mat- China revalued its currency by 28.5 per- Mr. BROWN of Ohio. Mr. President, I ter what the workers do. They can go cent—now, many would say it is a big- appreciate the Presiding Officer’s com- to school and learn and prepare and get ger problem than a 28.5-percent or 28.5- ments earlier in support of the Cur- trained. But if they are at a 15- or 20- percent advantage their workers and rency Exchange Rate Oversight Reform or 25-percent disadvantage—by the their companies have—if they revalued Act of 2011. The Presiding Officer and way, those are the lowest estimates. to that level, at 28.5 percent, the I—both Democrats—joined by five Re- This has been a problem of above 30 growth in our gross domestic product publicans and three other Democrats— percent or higher at times. But no mat- in the United States would support are the prime sponsors of the Currency ter what the percentage is, we know 1,631,000 U.S. jobs. If other Asian coun- Exchange Rate Oversight Reform Act there has been a lot of cheating and we tries also revalued their currency, then of 2011. know it is costing us jobs. So it is time 2,250,000 American jobs would be cre- The cloture motion on the motion to for action. ated. So even if someone could prove proceed was agreed to—the rules in the Senate are sometimes a bit impen- This morning at the Joint Economic those numbers are off by 10,000 or 20,000 etrable, but the cloture motion on the Committee hearing, we had Federal or even if we could debate the number motion to proceed to the bill was Reserve Chairman Ben Bernanke. I being off because some might reach dif- agreed to last night with 79 votes out asked him about currency, and I actu- ferent numbers—but I have seen num- of 98. So there is clear interest in this ally read to him some statements he bers that high, and I have also seen body to debate one of the most impor- has made in the past about currency numbers in the hundreds and hundreds tant jobs bills we have seen in front of and about the adverse role China has of thousands of jobs. us, I say to the Presiding Officer, in played, the role about which I am as So any policy we can enact here—in our almost 5 years in the Senate. I frustrated as any American. I asked this case, being appropriately tough have not seen in my time here another him about that. The summation of his with China on the cheating they do on jobs bill be voted on this overwhelm- comments has been reported already, currency—if passage of legislation such ingly, this bipartisanly, that was this but in addition to commenting about as this, the one we are considering, important for putting people back to the impact on our workers and our leads to the creation of 1.6 million jobs work. companies, he talked about the impact just as it relates to having China play Let me sort of expand on that. First of China’s currency policies on the by the rules, why wouldn’t we pass leg- of all, this Currency Exchange Rate global economic recovery. So this isn’t islation to do that? Oversight Reform Act of 2011 has broad just an adverse consequence for Amer- People are saying over and over to support from business and labor. It cre- ica, for the United States, this is an us, please do something about jobs. ates jobs without spending taxpayer impediment to a full and robust recov- And sometimes the response is, well, dollars. In fact, this legislation raises ery around the world. So this isn’t just we are trying, but we can’t get agree- revenue and reduces our deficit, clear- limited to the impact on our workers ment or we are trying, but we don’t ly, because when people go back to and our companies, it has worldwide have all the solutions. We finally have work, people who are now on unem- reach, worldwide impact, and world- a piece of legislation that will create ployment benefits—sometimes receiv- wide consequences. jobs for sure and has broad and sub- ing food stamps, sometimes getting So the United States is unwilling, so stantial bipartisan support. other subsidies, maybe trade adjust- far, to crack down on China’s currency We should pass this bill because it ment assistance, which the Presiding and to crack down on what I would as- will send two messages that are badly Officer has been so involved in—in- sert is manipulation. Some will say: needed right now from us to the Amer- stead, people going back to work will Well, it might be something different ican people—No. 1, that we are focused be paying taxes and not be the bene- than that, but I think it is basic ma- on job creation in the near term, not 10 ficiaries of those programs. So it is a nipulation—cheating. I think it is a years from now but in the next year or plus both ways in terms of reducing step we have to take now, to have rules two. So it is a very specific answer to our government’s budget deficit. in place for how we react to their their request of us as their elected rep- Most important, it is in response to cheating and then to have very tough resentatives that we focus on enacting an enormous problem, an enormous consequences. That is what is in the legislation that will create jobs. Sec- economic threat, brought on by the bill. ondly, the message we will send to the Chinese Communist Party Govern- Unfortunately, this inability to re- American people is that we finally get ment. Senators SCHUMER, CASEY, spond appropriately or assertively or it. Finally, Democrats and Republicans SNOWE, STABENOW, SESSIONS, BURR, aggressively is one of many, I would can come together on a very serious HAGAN, COLLINS and I have been work- argue, pieces of a flawed trade strategy issue of great consequence to families ing closely to bring this bill to the that have been a prevailing point of who have been devastated by job loss; floor. I thank the majority leader, who view over the course of two administra- that we are finally coming together, usually sits at this desk, for bringing tions. We are going to have some de- Democrats and Republicans, working this bill to the floor to respond, purely bate about trade coming up, and we are together to have a unanimous vote on and simply, to China’s protectionist going to see some interesting alliances, a job-creation bill. trade policies. This is not the United some interesting coalitions here. But States turning inward and pointing fin- It is that simple. Anyone who tries to our flawed trade strategy—if we can gers at other countries. This is a re- make it more complicated than that is even call it a strategy—has failed over sponse to Chinese protectionism, to probably trying to mislead because it many years, failed our workers and Chinese economic policies and trade is that simple. We need to focus our at- failed our companies. policies that have been unfair, that tention in the days ahead to get this We will get to the debate on the cheat—the Chinese have cheated—and legislation passed and to finally take trade agreements later, but at least that cost us American jobs. today and this week we can finally action in a way that is directed at job We know when a factory closes—we make progress on an issue that has creation in a bipartisan way. have had 50,000; Senator SANDERS said cost the American people lots and lots Madam President, I yield the floor earlier today, we have had 50,000 fac- of jobs. and note the absence of a quorum. tories close in this country in the last Let me give my colleagues a sense of The ACTING PRESIDENT pro tem- decade or so, not all because of China. what could happen if we are able to pore. The clerk will call the roll. I do not blame them nearly for all that. pass this legislation. In a report dated The legislative clerk proceeded to But when a factory closes, we know June 17 of this year from the Economic call the roll. what it does to a community, whether Policy Institute—one of the many Mr. BROWN of Ohio. Mr. President, I it is in Harrisburg, whether it is in think tanks across Washington of var- ask unanimous consent that the order Sharon, whether it is in Erie, whether ious points of view that have studied for the quorum call be rescinded. it is in Cleveland or Akron or Canton.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.048 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6081 I am encouraged by my colleagues on trade surplus, but it is certainly a big happen. So when the Chinese game the both sides of the aisle who support this part of the reason. From 2005 to the currency system and jobs are lost in bill who see how China’s protectionist middle of 2008, we started to fight back Pittsburgh or in Dayton, then bad trade policies have undermined busi- and were headed in the right direction, things happen in Pittsburgh and Day- nesses, have disadvantaged manufac- however slowly. The Senate over- ton to those families, to those commu- turers, and ultimately, most impor- whelmingly supported a measure of- nities, to those States. tantly, have cost American jobs. We all fered by New York Democratic Senator What has been our response when our know the problem. For years, China SCHUMER and South Carolina Repub- trading partners use any means nec- subsidized its exports by adopting arti- lican Senator GRAHAM that would put essary—low labor costs, direct sub- ficial, manipulated exchange rates not tariffs on Chinese imports if the gov- sidies, currency manipulation—to com- based on market forces. As a result, ernment did not let its currency appre- pete? What has been our response? It China’s exports to the United States ciate. has been inaction. We have not done remain cheap, our exports to China re- All it did was it wiped clean the ad- very much. It has been adherence to main more expensive. In other words, vantage China had created by manipu- the status quo, and we can no longer because they cheat on their currency, a lating its currency. That bill passed afford to do that. Some like the Pre- product made in Wuhan and sold in the Senate, but it did not pass the siding Officer from Pennsylvania and Lima or Dayton, OH, will be cheaper House. It was never signed by the others of us around here have been because they have subsidized their pro- President. But what it did do was get beating the drum for a long time that duction by weakening their currency. China’s attention. Beginning in 2005, these trade agreements are not fair, At the same time, if a company in China began to do a slight currency ap- that they are not fair to the American Lima or Dayton, OH, tries to sell into preciation, which allowed for a few worker and to Americans, particularly China, the cost of that item is 25 per- years of modest progress toward let- small manufacturers. Bigger manufac- cent more because China has gamed ting its currency appreciate. turers kind of take care of themselves. the currency system. So by keeping the But then in the summer of 2008, They kind of do it by moving produc- value of the renminbi, the RMB or the China abandoned its feigned interest in tion overseas. Small manufacturers yuan, the words for the Chinese cur- fairness. It once again fixed the value usually cannot do that. rency, by keeping the RMB artificially of the renminbi against the U.S. dollar. We know what it does to our work- low, China incentivizes foreign cor- Then, in June 2010, China vowed to ers—bad tax law, bad trade law, bad porations to shift production there be- allow its currency to float more freely currency policy. This bill is a modest cause it reduces the price of investing against the dollar and other foreign measure. It is not as sweeping as I in China and makes Chinese exports currencies. The Peterson Institute for would like to do. But it is a modest cheaper. International Economics found that, measure that gives our government the In this continued devaluation—I use despite the intervention appreciation, tools to fight back. With different the percentage 25 percent, some econo- the RMB is even more undervalued parts authored by several of my col- mists say it may be as high as 40 per- today against the dollar than it was 1 leagues, this bill came from two other cent, but clearly it is that range—they year ago. That is the recent history of bills we put together. The bill updates are cheating, they are gaming the sys- China’s currency manipulation. the processes and tools the government tem 25 to 40 percent. Think about in The Chinese, in other words, when would have at its disposal when it Pennsylvania and Ohio, two States they know people are watching, when comes to countries that are currency that have a lot in common. Think they see the U.S. Government, with our manipulators, that are in some ways about a company, think of two gas sta- very strong economy—even when we repeat currency manipulators. tions on opposite corners. One buys its look weak internally and way too Senator SNOWE from Maine, a Repub- oil 25, 30 or 35 or 40 percent less expen- many people unemployed, we are the lican, and I, a Democrat, have worked sively, pays a lower price than the major economic force on Earth—when on a part that would immediately des- competitor across the street. It is clear they see us doing something, they re- ignate unfair subsidies as an unfair what is going to happen. The compet- spond. They start to act a little better. trade practice. That means jobs for a itor that cannot get the break, get the It is a little bit similar to a naughty number of industries: coated paper in subsidy, is going to go out of business kid. When the parents are watching, southwest Ohio, tires in Finley, OH, pretty quickly. they are going to act better. When the aluminum extrusion, tubular steel in It is that phenomenon that has Chinese—we hope our kids do not break northeast Ohio. It means more Amer- caused serious harm to the U.S. econ- the law the way the Chinese do, inter- ican manufacturers, from autos to omy and has cost America jobs. In 1993, national trade law, but when we watch clean energy, can petition the govern- the Chinese currency, the RMB, was them, they behave better. When we ment against unfair subsidies from im- valued at approximately 5.5 to 1 U.S. exert discipline on them, in other porting countries. dollar. Then, from 1995 to 2005, it was words, we are going to change this law That measure is combined with com- valued at about 8.28 without change the way they have gamed the system prehensive measures to reform the during that period. That can mean one on currency, they begin to let the cur- structural deficiencies in our govern- of two things: a huge coincidence or rency float and let it appreciate and do ment’s approach to combating cur- blatant currency manipulation. some better, more fairminded things. rency manipulation. That part of the Our trade deficit with China in 1993 New research by economists at MIT bill was spearheaded by Senators SCHU- was about $30 billion, $40 billion—in shows how much damage China’s trade MER and GRAHAM. It would improve that range. Today, we run a deficit 8, 9, and export policies have done to our oversight of currency exchange rates— 10 times that, of $275 billion—a bilat- labor market and to our communities. and I would add Senator STABENOW was eral deficit just in our relationship The report shows China imports actu- involved in that. with the Chinese. According to a recent ally have effects on jobs but also in- It would improve oversight of cur- Economic Policies Institute report, creased use of Federal programs such rency exchange rates. It would ensure since China joined the WTO, the World as the Social Security and disability that the Treasury Department properly Trade Organization, in 2001, 2.8 million insurance program. Of course it does. identifies countries that undervalue jobs have been lost or displaced in the When people get laid off, all kinds of their currency. Under the Omnibus United States as a result of the U.S. things happen in their lives. They Trade Act of 1988, the Treasury Depart- trade deficit—2.8 million jobs. That is apply for food stamps. They may lose ment is required to formally identify hundreds of thousands in my State. It their home, causing, if they are fore- countries that manipulate their cur- is tens of thousands in States as small closed on, the values of homes in the rency for the purpose of gaining an un- as West Virginia. It is hundreds of neighborhood to decline, and the public fair competitive trade advantage. In thousands in States as large as Penn- schools do not have quite the support. recent years, Treasury has found that sylvania. They may not be able to hire one certain country’s currencies were un- Currency manipulation is not the teacher as a result of a handful of peo- dervalued. It was pretty clear and pret- only reason China enjoys an enormous ple losing their jobs. All those things ty obvious.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.050 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6082 CONGRESSIONAL RECORD — SENATE October 4, 2011 Reputable economists from the ship it from Brazil to China to the our exports have grown in China. But Reagan administration, from the Car- United States. The cost of labor is only while U.S. exports to China have in- ter administration, for years respect- about 10 percent of the production of creased to China, they have not come able economists were saying these cur- paper. Yet China has found a way to close to balancing imports from China. rencies were undervalued 25 percent, 35 underprice Ohio paper and underprice Imports from China have grown fast- percent, some have said as high as 50 paper made in other parts of the coun- er—in fact, about three times as many percent. It was pretty hard for the try. as we export to China. Treasury Department to say anything It is pretty clear that is, in part, be- Look at our trade deficit with China other than these countries’ currencies cause they get a 25-, 30-, 35-, 40-percent versus the rest of the world. In 2000, were undervalued. basically add-on benefit for their price China represented 26 percent of our However, based on the interpretation because of currency manipulation. total trade deficit. Last year, it was of the law’s legal standard for a finding That is why, in part, they are being just over 70 percent. In the space of 10 of manipulation, the finding of the able to do that. They are probably sub- years, look how this changed. That is word ‘‘manipulation,’’ Treasury has re- sidizing their water, their energy and the whole story. fused and continues to cite such coun- their land and their capital also, so Currency is a big factor that cannot tries as currency manipulators. that they can underprice us. That is be denied. While many multinational Our legislation is bipartisan. As I why this is so serious. companies don’t say it, I think it is said, five Republicans, five Democrats Ohio workers have lost jobs because clear that even the most ardent pro- are the primary sponsors. It got 79 China has gamed the currency system. ponents of China PNTR are feeling a votes. Three Democrats voted against That is all we should need to know. bit of buyer’s remorse because of Chi- moving the bill forward yesterday; 16 American companies have folded, have na’s aggressive protectionism. Republicans voted against it. So it has gone out of business, because China has Others, in criticizing this bill, will broad bipartisan support. cheated on its trade policies, not fol- say there is nothing we can do to bring But what is amazing is the President lowing the rule of law in the World back the jobs we have lost—that Amer- of the United States, in either party— Trade Organization. That should be icans don’t want to work at those jobs President Bush was negligent in find- enough to get 100 votes in this body. anymore anyway. That is a pretty ing of manipulation. President Obama It got us 79 yesterday. Our bill makes naive view of American manufacturing. has been negligent in finding manipu- it clear that countervailing duties can My State is No. 3 in manufacturing. lation. I will give some credit to Presi- be applied when imported goods benefit California, which has three times the dent Obama in his move, in some cases, from currency manipulation as an ex- population, and Texas make more than of actually doing real enforcement of port subsidy. we do. If we don’t act, we are not just talk- trade rules and trade laws. It has The bill would establish new criteria ing about jobs in textiles or steel or turned immediately into job growth in to identify countries misaligning cur- tires, which are important; we are the Mahoning Valley, a new steel mill, rency—and trigger tougher con- talking about jobs in clean energy, in Finley with tires, in southwest Ohio sequences for those who engage in such semiconductors, and auto supplies. with paper. But the President and the unfair trade practices. A trade war? WTO compliance? Re- Treasury Department have just ne- We can no longer accept China and taliation? We welcome this debate. I glected to do their duty; that is, inter- other countries doing whatever it want colleagues to come to the floor— preting and saying China has manipu- takes to make their exports cheaper. some of the 19 who opposed moving this lated currency. We can no longer accept that China bill forward, when they say China will The biannual release of this statu- continues to mount a massive trade start a trade war and talk about WTO torily required report to Congress is al- surplus in the United States. compliance and retaliation. The fact is most a Washington charade. Last year, It is time to enforce the trade laws, China has been playing that trade war Secretary Geithner even announced he and it is time the WTO enforces its for 10 years. would delay the report’s release. I care rules. The American people have been pa- less about the exact timing of this re- Critics claim this bill would ignite a tient as the administration continues a port than I do the administration’s trade war with China. Frankly, they strategy of talk without action. But willingness to be open with Congress declared a trade war at least one dec- our patience is up, as more U.S. busi- and the American people about what it ade ago. If it is not a trade war, critics nesses are undercut and more U.S. jobs is doing and why it is doing it. But here assert this bill is not compliant with are eliminated. is why it is important. our World Trade Organization obliga- This bill is about economic competi- Some argue the Commerce Depart- tions. tiveness, where everyone is competing ment already has the authority to I have listened to many multi- in the market by the same set of rules. treat currency manipulation as an ex- national companies argue our bill will I have been to maybe 150 manufac- port subsidy and apply countervailing provoke retaliation by China. My ques- turing plants in my State in the last 3, duties. But the Commerce Department tion to these detractors is, How can 4 years. I know American businesses has tended to also kick these decisions China impose retaliation against some- can compete and American workers down the road, duck the issue of cur- thing that is, in fact, WTO legal? But can compete. Let’s make the playing rency manipulation when it inves- since receiving PNTR status and the field level, and S. 1619 will help us do tigates other subsidies. The bill puts an benefits of WTO membership, China that. end to that bureaucratic end-around. has taken money from American con- I yield the floor. I told a story earlier today on the sumers and investors without fully The PRESIDING OFFICER. The Sen- Senate floor. I would like to repeat it, opening its markets to American busi- ator from Michigan is recognized. briefly. A trade lawyer representing a nesses and workers. Mr. LEVIN. Mr. President, first, I southwest Ohio paper company told me The results are record trade deficits commend the Senator from Ohio for his China did not even have a coated paper and millions of lost jobs in Ohio and leadership on this bill. This has been a industry, the glossy paper magazines across the United States. long time in coming. It is a long battle are typically printed on—did not even These arguments come from the that is being fought over Chinese un- have that technology until a decade or same proponents of giving China PNTR fair trade practices. One of the most so ago. status and WTO membership, so China significant and damaging unfair trade When they started those companies would adhere to a rules-based trading practices is the manipulation of cur- in China, they bought their wood pulp system—and they predicted and prom- rency by the Chinese. Senator BROWN is in Brazil, they shipped it to China, ised in 2000, when it passed, that China taking the lead in getting this finally they milled it in China, and they sold would adhere to a rules-based trading rectified. I commend him for it. I know it back here—at the high cost of trans- system. They have not been. People the Presiding Officer, the Senator from porting something as heavy as paper, care about our exports to China, as do Pennsylvania, is also a real fighter in as bulky as paper, for the price of I. Remember, currency undervaluation this area, trying to correct the unfair- paper; it is a pretty expensive move to makes exports harder to sell also. Yes, ness that has been allowed to exist

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.051 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6083 when the Chinese currency is manipu- on their manipulation of its currency, several earlier currency manipulation lated. Senator CASEY, I believe, has and it is simply long overdue that we bills. It clarifies that U.S. counter- been a leader and is an original cospon- enact legislation to end that unfair ad- vailing duty laws can address currency sor. I am proud to be a cosponsor of the vantage because the tools we have to undervaluation, giving American com- bill. combat the problem have been, so far, panies and manufacturers stronger I have long supported the effort to unequal to the task. tools to fight back against these unfair take action against unfair currency The International Monetary Fund trade practices. It would also replace manipulation by our trading partners. has what it calls articles of agreement. the weak and flawed currency provi- I think for at least the last 8 years we Those articles prohibit countries from sions in current law with a new frame- have had bills that have been intro- manipulating their currency for the work, based on objective criteria that duced to address the issue of unfair purpose of gaining unfair trade advan- will require Treasury to identify mis- currency manipulation. This is an un- tage. But the words are hollow because aligned currencies and require action fair trade practice that contributes to the IMF has no means to enforce that by the administration if countries fail large U.S. trade deficits and to job loss. prohibition. to correct the misalignment. The reality is that when American Our current laws give the adminis- companies do business in the global tration, on paper, the power to act to Under this bill, the administration marketplace, they are not competing combat currency manipulation. But would be required to take specific ac- against companies overseas; they are those laws are easily bypassed and too tion if a country with a priority cur- competing against foreign govern- easily ignored. Both Republican and rency designation does not adopt poli- ments that support those companies. Democratic administrations have cies to eliminate the misalignment That is especially true with foreign failed to take action. The Treasury De- within specified periods of time. For governments such as China and, in the partment is required to issue a semi- instance, if no policies are adopted past, Japan and other countries that annual report on international eco- after 90 days, the legislation directs manipulate the value of their currency nomic and exchange rate policies, in the administration to, among other to keep its value artificially low. Cur- which it could conclude—as almost things, prohibit Federal procurement rency manipulation makes Chinese ex- every independent observer concludes— of goods and services from the des- ports unfairly cheap and U.S. products that China is manipulating its cur- ignated country, unless that country is more expensive in China, displacing rency. To date, the Treasury Depart- a member of the WTO Agreement on U.S. production and jobs. This is noth- ment has never made such a finding Government Procurement, of which ing short, as Senator BROWN has said, since the 1988 Trade Act mandated the China is not. After 360 days of failure of a Chinese Government subsidy, and report. Instead, what it does—the to adopt appropriate policies, the we should be fighting against it—hard. Treasury Department—is hint, sug- USTR—the Trade Representative—is Trade creates new jobs when we ex- gests, and sometimes threatens, but it required to request a dispute settle- port. Trade results in the loss of jobs doesn’t act. ment in the WTO with the government when imports replace goods that were A couple examples. The Bush admin- responsible for the misaligned cur- once produced here. When trade defi- istration’s 2006 exchange rate report rency. cits rise, we are losing jobs to imports. said the following: Congress is on record in support of The reality is, we have been running China needs to move quickly to introduce fighting currency manipulation. In massive, unsustainable trade deficits exchange rate flexibility at a far faster pace 2007, a majority of Senators went on with China. Just in the first 7 months than it has done to date. Given our strong disappointment [5 years ago] and the impor- record supporting a currency manipu- of this year, we had a trade deficit of lation bill that was brought up as an more than $160 billion with China. That tance of China to the world economy, the Treasury Department will closely monitor amendment to a State Department re- is four times larger than our deficit China’s progress in implementing its eco- authorization bill. That bill would have with any other trading partner. Last nomic rebalancing strategy, remain fully en- imposed tariffs on Chinese imports to year, we exported $92 billion of goods gaged at every opportunity with China, and compensate for currency manipulation to China, and we imported an astound- continue actively and frankly to press China by China. But it was withdrawn by its to quicken the pace of renminbi flexibility. ing $365 billion from China. So there is sponsors in exchange for a promise to a growing trade surplus, as illustrated That was the Bush administration 6 develop and vote on a WTO-compliant by the charts Senator BROWN has pre- years ago. In May of 2011, under the bill. The pending bill is a WTO-compli- sented to us. Obama administration, here is what ant bill. Last Congress, the House of China’s growing trade surplus with the exchange rate report states: Representatives passed a bill, H.R. 2378, the United States and the rest of the Treasury’s view, however, is that progress the Currency Reform For Fair Trade world has been fueled by massive cur- thus far is insufficient and that more rapid Act. That narrower currency manipula- rency manipulation, subsidies, and progress is needed. Treasury will continue to tion bill made it clear that the Depart- other unfair trade practices. Estimates closely monitor— ment of Commerce is to fight the ille- are, the Chinese currency is under- Those were the same words used 5 gal subsidization of foreign currencies valued by up to 40 percent, which years ago. Maybe they took this from by using U.S. countervailing duty laws. makes U.S. goods that much more ex- the computer and moved it from 2006 to Unfortunately, the Senate ran out of pensive for Chinese consumers and 2011. time at the end of the session and we makes Chinese goods artificially cheap the pace of appreciation of the renminbi by did not take up the bill. in the United States and around the China. It is a high priority for Treasury— world. As a result, U.S. imports from Really? That is good news. The trou- So the bill before us, S. 1619, will China have increased, and U.S. exports ble is, the facts don’t support the state- allow us to deal with any country that to China have been suppressed. ment. is found to be manipulating its cur- Senator BROWN has gone through working through the G–20, the IMF, and rency, not just China, which is at the some of the numbers, and I will repeat through direct bilateral discussions to en- moment the worst offender. In the them because I think it is important courage policies that will produce greater 1990s and early 2000s, Japan manipu- that every American focus on these exchange rate flexibility. lated its currency, and this was a numbers and the growth of this trade The failure of administration after major problem for our manufacturers deficit with China. administration to do more than closely and put them at an unfair competitive In 2001, our trade deficit with China monitor rather than take action is why disadvantage vis-a-vis Japanese manu- was $84 billion. It grew to $278 billion Congress must act to pass legislation facturers. For instance, when the Japa- in 2010. According to an Economic Pol- to require action against foreign coun- nese Government was intervening in icy Institute study, released in Sep- tries that are unfairly manipulating currency markets to hold the yen at tember, this deficit resulted in the loss their currency. 116 yen to the dollar, that translated or displacement of nearly 2.8 million So the bill before us, S. 1619, the Cur- into an $8,000 subsidy for every large U.S. jobs over that period. The report rency Exchange Rate Oversight Act, vehicle imported into the United blamed part of our deficit with China which is a bipartisan bill, combines States from Japan. The market share

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.052 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6084 CONGRESSIONAL RECORD — SENATE October 4, 2011 gained by Japanese auto manufactur- an unfair advantage over American industrial revolution at Slater Mill on ers was to a significant degree the re- manufacturers. the banks of Rhode Island’s Blackstone sult of the currency manipulation un- Our American trade deficit with River through the first decade of the dertaken by the Japanese Government China rose from $83 billion in 2001—the 21st century. But they have watched in on behalf of its exporters. Because year China joined the World Trade Or- recent years as job after job has been today the Japanese yen is at historic ganization—to $273 billion in 2010. That lost to China. highs, Japanese currency is not an im- trend is discouraging enough on its This unfair competition needs to mediate concern. This could change at own, but it is more troubling to con- stop. The advantage the undervalued any time because Japan has recently sider that the growing trade deficit ul- currency gives to Chinese companies indicated it is willing to intervene timately represents goods no longer has put American manufacturers out of again in currency markets. made in the United States by U.S. business and middle-class Americans So, Mr. President, with both Cham- workers. In fact, the Economic Policy out of work. bers now on record supporting currency Institute estimates that the trade def- The Wall Street Journal reported manipulation legislation, there is no icit with China has cost 2.8 million last week on a study that measured the reason we should not pass this legisla- American jobs over the past decade, in- impact of unbalanced trade with China tion quickly and send it to the Presi- cluding nearly 12,000 jobs in my home on communities across the country. dent for his signature. I hope our col- State of Rhode Island. The research shows that areas with in- leagues will support this bipartisan With so many families still strug- dustries exposed to Chinese import legislation because it will finally—fi- gling with unemployment in the wake competition have higher unemploy- nally, long overdue, years too late—ad- of the recession, it is important that ment rates and lower wages, and the dress the very problematic and costly we examine just how we came to lose people in these areas are forced to rely practice of our trade competitors who so many jobs to a single country and more heavily on government safety net manipulate their currencies to create respond accordingly. It would be one programs. jobs in their countries at the expense thing if the answer was that China’s That study ranked the Greater Provi- of jobs here in the United States. workers are just more talented, their dence, RI, area second among regions I again thank Senator BROWN of Ohio products are of higher quality, and exposed to competition from China. for his great work on this bill. I know they have simply bested us in the open This comes as no surprise to Rhode Is- he and the Presiding Officer, Senator market. But that is not the case. The landers. CASEY, and others, including my col- evidence suggests another explanation: Rhode Island was once a world leader league from Michigan, have been work- that China is gaming the international in textiles and jewelry manufacturing. ing hard on this bill, and hopefully in system. But these industries have been hit hard the next couple of days it will come to First, China provides subsidies to by a flood of cheap imports from China, a fruitful conclusion. critical industries, which likely vio- greatly straining our State’s economy. I yield the floor. lates World Trade Organization rules If we regained the nearly 12,000 jobs es- The PRESIDING OFFICER. The Sen- and gives Chinese companies an unfair timated to have been lost to China over ator from Ohio. competitive advantage over American the past decade, our unemployment Mr. BROWN of Ohio. Mr. President, I manufacturers. rate in Rhode Island would drop by two thank Senator LEVIN. There is no bet- Second, by restricting exports of full percentage points. ter team in any State in the country their raw materials, China drives up As I travel around Rhode Island, I than Senator LEVIN and Senator STA- the cost of making products here in the have heard time and time again from BENOW. With all the troubles they have United States. workers and business owners about the had in that State with manufacturing, Third, by turning a blind eye to or costs of Chinese currency manipula- as has my State, they are always on even facilitating the rampant theft of tion. the right side of these issues and advo- American intellectual property, China George Shuster is the CEO of Cran- cating for local companies, especially benefits from what may be the largest ston Print Works, a textile manufac- small companies that feed into the illicit transfer of wealth in history. turer that traces its roots in Rhode Is- auto supply chain, and for the workers Finally, of course, China appears to land back to 1807. He told me: be intentionally manipulating the of those companies. So I am appre- We know first-hand the impact that Chi- ciative of his leadership for so many value of its currency. Indeed, through na’s disruptive policies have had as we have years. controlled purchases of massive seen factory after factory close their doors Mr. President, I suggest the absence amounts of U.S. currency, the Chinese around us. Addressing China’s manipulation of a quorum. central bank has made the value of its of its currency would be a good first step to The PRESIDING OFFICER. The currency—the yuan—artificially cheap bringing our trade policy to where it needs clerk will call the roll. relative to the U.S. dollar. Economists to be to help get American manufacturers The assistant legislative clerk pro- estimate the yuan is currently under- moving in the right direction again. ceeded to call the roll. valued by as much as 28 percent Leslie Taito is the CEO of the non- Mr. WHITEHOUSE. Mr. President, I against our dollar. The depressed value profit Rhode Island Manufacturing Ex- ask unanimous consent that the order makes it 28 percent cheaper to buy tension Service. She has worked with a for the quorum call be rescinded. goods from China than from the United diverse set of manufacturers across the The PRESIDING OFFICER. Without States and it makes U.S. goods cor- State to help them increase their effi- objection, it is so ordered. respondingly more expensive. It is es- ciency and become more competitive. Mr. WHITEHOUSE. Mr. President, I sentially a subsidy for Chinese prod- She told me this: rise today to speak in support of the ucts and a tax on U.S. products. U.S. manufacturers are resourceful, agile, Currency Exchange Rate Oversight Re- This is much more than a problem of and fully capable to meet national and inter- form Act of 2011, and I would note the abstract economic theory. The con- national demand. Currency manipulation presence on the floor of one of its prin- sequences of currency manipulation creates an uneven playing field that has cost the United States countless jobs and has dra- cipal sponsors, Senator SHERROD are deeply felt in households in Rhode matically increased our trade deficit. I BROWN of Ohio, whom I have been very Island and across the country. In the equate it to telling a boxer to go into the pleased to work with on this legisla- Presiding Officer’s home State of Penn- ring with one hand tied behind his back and tion. sylvania, in the floor manager’s home asking him to come out the victor. Manufac- I am proud to be one of the original State of Ohio, and all across the United turers in this country aren’t asking for spe- cosponsors of this bill, an important States, it is felt by families who for cial consideration, they just want it to be piece of bipartisan legislation that will generations have contributed to our fair. help protect American workers from growth as a nation by going to work Mr. President, this is why I made ad- the trade-distorting effects of currency every day and building things, from dressing currency manipulation a cen- manipulation. In particular, this legis- cars and boats to toys and electronics. tral part of my ‘‘Making It in Rhode Is- lation will allow us to fight back These workers helped define our Amer- land’’ manufacturing agenda, and why against policies China has used to gain ican character, from the start of the I was one of the original cosponsors of

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.054 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6085 the legislation that is before the Sen- rules that could have an adverse effect icy of intervening in currency markets ate today. on the economy. The amendment is to limit the appreciation of its cur- The Currency Exchange Rate Over- based on S. 1538, The Regulatory Time- rency against the dollar has played a sight Reform Act of 2011 will strength- Out Act, which I introduced last month major role in driving this deficit by en the tools that we have at our dis- with 16 of my colleagues. The timeout making Chinese exports cheaper and posal to counter the actions of coun- would cover major rules costing more imports more expensive. tries such as China that choose to ma- than $100 million per year, and other The bill that we are now considering nipulate their currency rates. This leg- rules that have been considered ‘‘sig- is an important step toward holding ac- islation will first improve the over- nificant’’ under Executive orders going countable countries, such as China, sight of exchange rates and allow us to back to President Clinton and followed that manipulate their currency for the identify currencies that are mis- by President George W. Bush and purpose of gaining an unfair trade ad- aligned. For countries found to manip- President Obama. vantage. I thank the leader for bring- ulate their currency values or that fail The point of my amendment is to ing this bill to the floor, and I urge my to correct a misalignment, this law provide job creators with a sensible colleagues to support this legislation. will trigger tough consequences. Our breather from burdensome new regula- CLOTURE MOTION trade enforcement agencies will gain tions. This would give businesses time Mr. REID. Mr. President, I have a clear authority to eliminate the advan- to get back on their feet, create the cloture motion at the desk. tage created by currency manipulation jobs that Americans so desperately The PRESIDING OFFICER (Mr. BEN- by imposing tariffs on products im- need, and enhance the global competi- NET). The cloture motion having been ported from offending countries. This tiveness of American workers. presented under rule XXII, the Chair should send a clear message to China, This moratorium would also provide directs the clerk to read the motion. or any currency manipulator, that if us with the time we need to review and The legislative clerk read as follows: they abuse the currency markets, they improve the regulatory process. Earlier CLOTURE MOTION will not benefit. this year, I proposed the CURB Act, Simply put, this legislation will help which stands for clearing unnecessary We, the undersigned Senators, in accord- level the playing field for American ance with the provisions of rule XXII of the regulatory burdens, which would re- Standing Rules of the Senate, hereby move companies. Economists have predicted form the regulatory process in several that a fair market for our exports to bring to a close debate on S. 1619, a bill to important ways. Many of our col- provide for identification of misaligned cur- would reduce our annual trade deficit leagues have also introduced regu- rency, require action to correct the mis- by between $100 billion and $200 billion. latory reform proposals, and the Home- alignment, and for other purposes. The resulting increase in production land Security and Governmental Af- Harry Reid, Sherrod Brown, Charles E. would add over one-quarter of $1 tril- fairs Committee has already held three Schumer, Al Franken, Jeanne Shaheen, lion to our GDP and create up to 2.25 hearings on the topic this year. I ex- Kay R. Hagan, Robert P. Casey, Jr., Richard J. Durbin, Michael F. Bennet, million American jobs. pect this issue will be a priority for our Are the Chinese squawking about Richard Blumenthal, Carl Levin, Kent committee this fall. Conrad, Jim Webb, Benjamin L. Cardin, this? Are the big multinational cor- In sports, a ‘‘time-out’’ gives athletes porations who have no allegiance to Sheldon Whitehouse, Tom Harkin, a chance to catch their breaths. Amer- Daniel K. Inouye. any flag or nation squawking about ican workers and businesses are the this? Yes. Of course, they are. America Mr. REID. Mr. President, I ask unan- athletes in a global competition that imous consent that the mandatory has for too long been taken advantage we must win. Our workers need policies of, allowing the wiles of others to erode quorum under rule XXII be waived. that will get them off the sidelines and our wealth. The winners at a rigged The PRESIDING OFFICER. Without back on the job. Our economy needs a game will always object when the other objection, it is so ordered. time-out from excessive and costly reg- party gets wise to the fact that the ulations. My amendment will provide f game is rigged and begin to do some- this needed time-out. I am pleased that thing about it. MORNING BUSINESS Senators BLUNT, COATS, COBURN, ENZI, But if we are to solve the problem of Mr. REID. I ask unanimous consent China’s currency manipulation and HUTCHISON, and THUNE have joined me in offering this amendment, and I urge that the Senate proceed to a period of stand up for American companies, morning business, with Senators al- American manufacturers, and Amer- my colleagues to support it. Mr. President, I rise today to speak lowed to speak for up to 10 minutes ican workers, we should pass this legis- each. lation. in favor of the Currency Exchange Rate Oversight Reform Act, which I was The PRESIDING OFFICER. Without I applaud my colleagues from both objection, it is so ordered. sides of the aisle for their work on this pleased to join with Senators BROWN of bill, and I commend in particular Sen- Ohio, SCHUMER, GRAHAM, SNOWE, and f others in introducing. This legislation ator SHERROD BROWN of Ohio who is FOREST JOBS AND RECREATION will ensure that the U.S. government here on the Senate floor managing the ACT bill right now. finally gets tough with countries, like I yield the floor. China, that manipulate their currency Mr. INOUYE. Mr. President, this Ms. COLLINS. Mr. President, with to gain an unfair trade advantage. summer my wife and I spent some time unemployment stuck at 9.1 percent, Maine’s manufacturers and their em- visiting the forests in the Rocky Moun- and consumer confidence plummeting, ployees can compete with the best in tains and we were horrified at the rate we must take action now to help put the world, but not when the competi- of dead and dying trees throughout the Americans back to work. tion is gaming the system to get a leg region from the mountain pine beetle Our Nation’s job creators have been up. Time and time again, I hear from epidemic. Upon returning to the Senate telling us for some time that the lack Maine manufacturers whose efforts to and visiting with my colleagues, I of jobs is largely due to a climate of compete successfully in the global learned that Montana has almost 5 mil- uncertainty, most notably the uncer- economy simply cannot overcome the lion acres of trees impacted by this epi- tainty and cost created by new Federal practices of illegal pricing and sub- demic. Additionally, Wyoming has ap- regulations. sidies of countries such as China. The proximately 31⁄2 million acres also im- America needs a ‘‘time-out’’ from results of these unfair practices are pacted by this epidemic. These forests regulations that discourage job cre- lost jobs, shuttered factories, and deci- are in dire need and we must step up ation and hurt our economy. If a pro- mated economies. and empower the Forest Service to ad- posed rule would have an adverse im- A recent study by the Economic Pol- dress this looming issue. The tactic of pact on jobs, the economy, or Amer- icy Institute estimates that between waiting for these trees to decompose ica’s international competitiveness, it 2001 and 2008, the U.S. trade deficit while we solve our forest management should not go into effect. with China eliminated or displaced 2.8 battles does not work. While we wait, Today, I am filing an amendment to million American jobs, including 9,500 the timber infrastructure which can provide a 1-year moratorium on final jobs in the State of Maine. China’s pol- address this problem is also dying and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.055 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6086 CONGRESSIONAL RECORD — SENATE October 4, 2011 those jobs will be lost forever. The cost for their efforts to expand the diversity and friends seeing their soldiers off to of performing timber work in the fu- in media ownership with their recent war. He thanked them for their service ture will become more and more cost partnership. Clear Channel has donated to our Nation, and he assured them prohibitive, consuming the Forest six radio stations to MMTC to use for all—the troops and their families—that Service budget. training purposes and ultimately for they had the full support of our coun- We must step up and help our forest sale to minority and women broad- try’s highest ranking military officer. communities with this problem by pro- casters. It was a great comfort to the Guard, viding the timber industry new tools I am pleased to say that one of these and they will not forget his expression and piloting different tactics to address stations is in my home State of New of support. Neither will I. these red and gray forests, all while Jersey. Through this program, ‘‘Radio In fact, Admiral Mullen and his wife, balancing the needs of conservation. Vision Cristiana,’’ a minority broad- Deborah, have dedicated much of their We must do this while restoring these cast company, has purchased WTOC, time to advancing a range of initia- lands and setting aside other lands for based in Newton, NJ, and will use the tives to support troops and their fami- future generations. I believe Senator station to broadcast Hispanic religious lies. These include wounded warrior TESTER’s Forest Jobs and Recreation programming. care, veteran employment and edu- Act accomplishes this aim by desig- Diversity in media ownership en- cation, survivor benefits, suicide pre- nating 666,000 acres of wilderness for hances diverse perspectives and better vention, and mental health. Again, hunting, fishing, and hiking. This bill serves the community as a whole. It these efforts speak to the type of man also puts another 375,000 acres into provides a window into communities, and leader Admiral Mullen is and to his areas specifically for recreation so peo- into languages, views, and values that commitment to our men and women in ple can bike, ride, and snowmobile in might otherwise be totally suppressed uniform. more places. Additionally, this bill fo- without those outlets. I wish Mike and Deborah all the best. cuses on recovering our forests from So I am pleased to acknowledge the He departs the U.S. military with the the impacts of beetles and restoring partnership between Clear Channel and sincere thanks of a grateful nation. I these woods to prime habitat for fish, MMTC to furthering this goal, and I know that I have benefitted from his birds, and big game. All of this will cre- only hope that this deal will encourage wise counsel over the years. America is ate much-needed jobs, healthier for- others to donate stations so that the fortunate to have such a leader. ests, and more opportunities for out- American airwaves can one day reflect f door recreation—and the economy it the diverse makeup of the country’s supports. people. ADDITIONAL STATEMENTS Decisions on how to use and protect f our natural resources are never simple TRIBUTE TO ADMIRAL MICHAEL G. ANGEL IN ADOPTION or clear cut. They require commitment MULLEN and fortitude. They force conversations ∑ Mr. BOOZMAN. Mr. President, today and compromise. They make us strong- Mr. LEAHY. Mr. President, I would I honor Theresa K. Reeves of Fort er by overcoming differences and look- like to take a moment to pay tribute Smith, AR, as a 2011 Angel in Adoption. ing toward the future. That is some- to ADM Michael Mullen, a man who Theresa serves as executive director of thing the U.S. Senate could reflect served our country with distinction for Heart to Heart Pregnancy Support upon. Senator TESTER’s collaborative 43 years. Center, an organization that provides approach of listening to his constitu- During his tenure as Chairman of the services to assist women, men, and ents who came together and found so- Joint Chiefs of Staff, he has presided families facing unplanned pregnancies lutions to the problems facing their over the wars in Afghanistan and Iraq, and dealing with pregnancy related communities is a positive example of the historic repeal of the don’t ask, concerns. In the past 7 years that The- people working together to achieve don’t tell policy, the successful oper- resa has served as executive director, their common goals of bettering this ation against Osama bin Laden, and an Heart to Heart has helped more than landscape for future generations. We episode of unprecedented change in the 14,000 individuals. cannot wait. The dead and dying trees Middle East. He has been tireless in his Theresa’s strong advocacy for adop- become more of a hazard each day and job, having visited our troops in Iraq tion makes her an ideal recipient of the ability of mills to make something and Afghanistan so many times that this recognition. Through working from this decomposing product will not we have lost count. Moreover, his ten- alongside birth mothers throughout last. The more proactive we can be, the ure as Chairman has been noteworthy the adoption process and speaking to less this will cost us in the long run. for the amount of time he has spent local high schools, colleges, and com- Senator TESTER’s efforts and collabo- with our troops on the front lines of munity groups about the benefits of rative approach to address the beetle war. adoption, Theresa has facilitated more epidemic should be commended. This is Before becoming Chairman, Admiral than 30 adoptions. In 2008, Theresa re- why I am a cosponsor of S. 268, the For- Mullen served as the Navy’s Chief and ceived accreditation as a life affirming est Jobs and Recreation Act, intro- Vice Chief of Naval Operations, as the specialist. In addition, she has com- duced by Senator TESTER. Commander of U.S. Naval Forces in pleted the adoption liaison training Europe, and as the Commander of the f from the National Council of Adoption. Allied Joint Force Command in Naples, I am proud of Theresa for her dedica- EXPANDING DIVERSITY OF Italy. Over the course of his career, Ad- tion to adoption services and for in- AMERICA’S AIRWAVES miral Mullen has served aboard seven vesting in the lives of families in the Mr. MENENDEZ. Mr. President, the warships, three times as the com- Arkansas River Valley. I commend her lack of diversity in our Nation’s radio manding officer. In the U.S. Navy’s his- for her service and ask my colleagues and television media ownership is a far tory, he is only the third naval officer to join me in honoring her and the cry from the reality in which we live. ever to be appointed to four different many other Angels in Adoption who Multilingual and multicultural sta- four-star assignments. He is also one of continue to selflessly work to ensure tions are critical to the fabric of com- the few remaining veterans of the Viet- that all children grow up in safe, munities all across this country, yet nam War serving in the top ranks of healthy, and loving homes.∑ their access to the airwaves increas- our military. f ingly has been disappearing. When the Vermont National Guard’s It is clearly in the best interest of 1–86th Infantry Brigade Combat Team REMEMBERING THE HONORABLE our democracy that media ownership deployed to Afghanistan in 2010, Admi- STEPHAN M. MINIKES reflects the wealth of this Nation’s di- ral Mullen traveled to Vermont to visit ∑ Mr. CARDIN. Mr. President, today I versity. the troops at one of their departure wish to honor the memory of Ambas- That is why today I pause to applaud ceremonies. On a cold January morn- sador Stephan Minikes, and send my Clear Channel and Minority Media and ing, joined by his wife Deborah, he condolences to his wife Dede and their Telecommunications Council, MMTC, spoke to a hall packed with families family. Born in Berlin, Germany, and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.010 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6087 immigrating to the United States as a tory that defines its region and its citi- REMEMBERING AMOS MCCLURE young boy, Stephan exemplified the zens. Delta County, MI, set along Lake ∑ Mrs. MCCASKILL. Mr. President, American spirit through a life of hard Michigan in Michigan’s Upper Penin- today I pay tribute to Mr. Amos work and public service. I worked sula, is one such place, and since its in- McClure, who passed away on October closely with Stephan while he served as ception 150 years ago, has contributed 1, 2011, at the Veterans Administration the U.S. Ambassador to the Organiza- much to the rich and proud history of Hospital in St. Louis, MO. A veteran of my home State. tion for Security and Cooperation in the Korean war, during which he was While human life in this region dates Europe from 2001 until 2005. During taken prisoner, Amos lived the life of that period, he made significant ad- back to at least 500 A.D. as evidenced by cliff paintings found in the area, the an American patriot. vances in Europe, the Caucasus and Just out of high school, Amos joined Central Asia on a wide range of secu- area was first surveyed in 1843, and in 1861, a triangle shaped section of this the U.S. Army in 1948 at the age of 17. rity-related concerns, including coun- At the U.S. Armed Forces Institute in terterrorism, arms control, human land was incorporated as Delta County. At one point in the early 1850s, the Fort Lewis, WA, he became an expert rights, democratization, and economic rifleman before specializing in heavy development. mouth of the Escanaba River was home to the largest timber producer in the infantry during the Korean war. On No- Prior to his appointment, Ambas- vember 29, 1950—just 19 days shy of his sador Minikes practiced law for more world; built by one of the county’s founding fathers, Nelson Ludington. 20th birthday—Amos was captured by than 30 years in Washington, DC and the enemy while serving his nation in New York. He worked in public law and Two years after the county’s incorpo- ration, the Chicago and Northwestern Korea. He spent almost 3 years as a policy strategy, while more recently he prisoner of war, until his release on represented clients in national defense, Railroad constructed Delta County’s first iron ore dock. Over the ensuing August 8, 1953—Armistance Day. energy, transportation, and inter- decade, the residents of Delta County Amos was shot and wounded as a national trade. A well known member witnessed the construction of the first prisoner of war. But Amos was a sur- of the Washington political, legal and frame houses and a hotel, in addition vivor and his strength and determina- diplomatic communities, Ambassador to the Sand Point Lighthouse in Esca- tion helped him overcome both the Minikes combined knowledge of busi- naba. The Delta County Historical So- physical and emotional wounds that ness and government from the perspec- ciety restored this lighthouse in 1987, were inflicted on so many American tives of the White House, the U.S. Con- and it still stands today along Delta POWs. For his service, and in recogni- gress and Federal agencies, as well as County’s majestic coastline. tion of the sacrifices he made for his of the roles of U.S. embassies and for- The years following Escanaba’s es- country, CPL Amos McClure received eign embassies in Washington, DC. tablishment were prosperous, as Delta numerous military awards, including Ambassador Minikes was a 1961 grad- County grew as a transportation hub the Prisoner of War Medal. uate of Cornell University and a 1964 for iron in the north, powering the Amos returned home from serving in graduate of Yale Law School. He was a growth of the Great Lakes region’s Korea to marry his sweetheart, Norma member of the bars of the District of manufacturing prowess. In 1877, the Jean Southerland. They were married Columbia, the State of New York, the city of Gladstone was incorporated at for almost 52 years before she passed U.S. Supreme Court and various other the end of the Soo Line railroad. Twen- away. They leave behind five children. Federal courts, including the U.S. ty-one years after its founding, Delta After his discharge, Amos worked for Court of Military Appeals, and a mem- County constructed its first court- the Atomic Energy Commission as a ber of the American Bar Association, house, and a year later, in 1883, the vil- storage battery technician. Later, as a the District of Columbia Bar Associa- lage of Escanaba, the county seat, in- civilian for the U.S. Air Force, he tion, the Federal Bar Association, the corporated as a city. Today, the county worked as a storage battery technician American Society of International Law takes pride in its continued role in before moving to St. Louis to become a and the Association of the Bar of the transporting ore, partnered with a di- service manager and electrician until city of New York. versified paper industry and its popu- his retirement in 2004. Along with these bar association larity as a destination for tourists vis- I honor Amos today out of apprecia- memberships and his impressive edu- iting one of our Nation’s most pristine tion for the sacrifices he made on be- cational background, Stephan was a regions. half of his fellow Americans, for his wonderful public servant throughout The Hiawatha National Forest ac- contributions to his community, and his lifetime. He lectured to students counts for more than half of Delta for the example he set for his children. around the world on issues ranging County’s land area. This beautiful nat- He had the benefit of a strong family from foreign policy to national defense, ural resource stretches across Michi- support system and a work ethic that traveled to more than 100 countries gan’s Upper Peninsula, touching three allowed him to move forward from the representing the U.S. Government and of the five Great Lakes and contains horrors of war. His spirited approach to private interests, served as the director 413 inland lakes, making it a popular life is emblematic of the courage, of the Washington Opera at the Ken- destination for campers and outdoor honor, and strength of our veterans nedy Center, was a member of the Ex- enthusiasts. A respect for the environ- who fought for our freedom. ecutive Committee of the Yale Law ment is a central part of the culture of I join his family, the people of Mis- School and a member of the board of Delta County residents, and in 1991, souri, and all Americans, in saluting directors of the American Council on Delta County was awarded one of six Amos McClure’s courage, and I humbly Germany. statewide ‘‘model’’ program grants for recognize him for all that he has done Ambassador Minikes was devoted not a recycling and composting program. only to his country, the promotion of Delta County’s sesquicentennial and for all that he endured for this human rights and the improvement of marks a great moment for the count- country. Amos McClure was a true ∑ global policies, but to his family. Col- less citizens who have contributed American hero. leagues, please join me in honoring and much to the success of this region and f remembering of Ambassador Stephan have helped shape the cultural fabric of TRIBUTE TO MAUREEN Minikes, a true leader and patriot.∑ this area over the last century and a BEAUREGARD f half. On June 22, Delta County held a ceremony reminiscent of its 100th anni- ∑ Mrs. SHAHEEN. Mr. President, today DELTA COUNTY versary celebration, raising a flag and I honor Families in Transition Presi- ∑ Mr. LEVIN. Mr. President, there are exploring in depth the long, rich his- dent and Founder Maureen Beauregard thousands of small and medium size tory of the county. I know my col- for her outstanding service to New counties across our country that form leagues in the Senate join me and Hampshire families over the last two the backbone of our shared history and thousands of citizens across Michigan decades. cultural heritage. These communities in wishing the residents of Delta Coun- Twenty years ago, Maureen Beau- shape our political, economic, and so- ty the best as they chart a course for regard made a commitment to help cial structure. Each has a unique his- another century of accomplishment.∑ homeless and at-risk families find safe,

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.014 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6088 CONGRESSIONAL RECORD — SENATE October 4, 2011 affordable housing. Thanks to Ms. Mrs. Cole, one of its reading clerks, an- MEASURES REFERRED Beauregard’s leadership and vision, nounced that the House has passed the The following bills were read the first Families in Transition has grown from following bills, in which it requests the and the second times by unanimous serving just a handful of families to concurrence of the Senate: consent, and referred as indicated: supporting over 300 adults and children H.R. 470. An act to further allocate and ex- H.R. 473. An act to provide for the convey- every night. Today Families in Transi- pand the availability of hydroelectric power ance of approximately 140 acres of land in tion provides essential services includ- generated at Hoover Dam, and for other pur- the Ouachita National Forest in Oklahoma ing substance abuse treatment, mental poses. to the Indian Nations Council, Inc., of the health counseling, childcare services, H.R. 473. An act to provide for the convey- Boy Scouts of America, and for other pur- and is spread out over ten housing ance of approximately 140 acres of land in poses; to the Committee on Agriculture, Nu- units, two retail outlets, and 53 em- the Ouachita National Forest in Oklahoma trition, and Forestry. ployees. to the Indian Nations Council, Inc., of the H.R. 670. An act to convey certain sub- A leader and role model to others in Boy Scouts of America, and for other pur- merged lands to the Commonwealth of the poses. the non-profit field, it is no surprise Northern Mariana Islands in order to give H.R. 489. An act to clarify the jurisdiction that earlier this year Maureen Beau- that territory the same benefits in its sub- of the Secretary of the Interior with respect merged lands as Guam, the Virgin Islands, regard was honored for her hard work to the C.C. Cragin Dam and Reservoir, and and American Samoa have in their sub- and dedication by New Hampshire for other purposes. merged lands; to the Committee on Energy Business Review as an Outstanding H.R. 670. An act to convey certain sub- and Natural Resources. Woman in Business. Her accomplish- merged lands to the Commonwealth of the H.R. 686. An act to require the conveyance ments over the years have truly been Northern Mariana Islands in order to give of certain public land within the boundaries remarkable, and she will continue to that territory the same benefits in its sub- of Camp Williams, Utah, to support the have a positive impact on countless at- merged lands as Guam, the Virgin Islands, training and readiness of the Utah National risk families in New Hampshire. and American Samoa have in their sub- Guard; to the Committee on Energy and Nat- As we mark the 20th anniversary of merged lands. ural Resources. Families in Transition, I would like to H.R. 686. An act to require the conveyance f of certain public land within the boundaries recognize Maureen Beauregard and of Camp Williams, Utah, to support the MEASURES PLACED ON THE thank her for all that she has done to training and readiness of the Utah National CALENDAR make New Hampshire a better place to Guard. live and raise a family.∑ The following bills were read the first H.R. 765. An act to amend the National and second times by unanimous con- f Forest Ski Permit Act of 1986 to clarify the authority of the Secretary of Agriculture re- sent, and placed on the calendar: TRIBUTE TO JOHN RIST garding additional recreational uses of Na- H.R. 470. An act to further allocate and ex- ∑ Mrs. SHAHEEN. Mr. President, today tional Forest System land that is subject to pand the availability of hydroelectric power I honor educator and principal John ski area permits, and for other purposes. generated at Hoover Dam, and for other pur- Rist for his outstanding service to the poses. The message also announced that the H.R. 489. An act to clarify the jurisdiction Manchester School District for the last House agreed to the following concur- of the Secretary of the Interior with respect 29 years. rent resolution, without amendment: to the C.C. Cragin Dam and Reservoir, and Throughout his years with the Man- S. Con. Res. 29. Concurrent resolution au- for other purposes. chester School of Technology and Cen- thorizing the use of the rotunda of the H.R. 765. An act to amend the National tral High School, John has always been United States Capitol for an event to present Forest Ski Area Permit Act of 1986 to clarify committed to improving the lives of the Congressional Gold Medal, collectively, the authority of the Secretary of Agriculture our young people. As he retires as prin- to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ regarding additional recreational uses of Na- cipal of Central High School, I thank Aldrin, Jr., Michael Collins, and John Her- tional Forest System land that is subject to him for his service to the people of schel Glenn, Jr., in recognition of their sig- ski area permits, and for other purposes. Manchester and the State of New nificant contributions to society. f Hampshire. The message further announced that EXECUTIVE AND OTHER John first came to Central High the House agreed to the following con- COMMUNICATIONS School in 1999 as interim principal. current resolution, in which it requests The following communications were With his strong personality and gen- the concurrence of the Senate: laid before the Senate, together with erous nature, he successfully led Cen- H. Con. Res. 83. Concurrent resolution di- tral through challenging times. He was accompanying papers, reports, and doc- recting the Clerk of the House of Representa- uments, and were referred as indicated: named principal of the school in 2002 tives to make a further correction in the en- and during his tenure John helped Cen- rollment of H.R. 2608. EC–3395. A communication from the Ad- tral gain full accreditation, established ministrator, Rural Housing Service, Depart- At 2:52 p.m., a message from the ment of Agriculture, transmitting, pursuant the Central Pride Foundation to sup- to law, the report of a rule entitled ‘‘Inter- port school activities, and oversaw House of Representatives, delivered by governmental Review’’ (7 CFR Parts 1778, major renovations. Under John’s lead- Mr. Cole, one of its reading clerks, an- 1942, 1944, 1948, 1951, 1980, 3560, 3565, 3570, 4274) ership, Central’s standardized test nounced that the House agree to the received during adjournment of the Senate scores increased and the dropout rate amendment of the Senate to the in the Office of the President of the Senate decreased. amendment of the House to the amend- on September 28, 2011; to the Committee on John’s commitment to our young ment of the Senate to the bill (H.R. Agriculture, Nutrition, and Forestry. people extended well beyond the prin- 2608) entitled ‘‘An Act to provide for an EC–3396. A communication from the Ad- cipal’s office. He was a constant pres- additional temporary extension of pro- ministrator, Rural Utilities Service, Depart- ment of Agriculture, transmitting, pursuant ence in the band room, cafeteria, and grams under the Small Business Act to law, the report of a rule entitled ‘‘Expan- at Central’s many sporting events. He and the Small Business Investment Act sion of 911 Access; Telecommunications Loan will truly be missed. of 1958, and for other purposes.’’. Program’’ (RIN0572–AC24) received during I am pleased that even as John re- ENROLLED BILL SIGNED adjournment of the Senate in the Office of tires from Central High School, he will At 3:20 p.m., a message from the the President of the Senate on September 29, continue to serve on the New Hamp- 2011; to the Committee on Agriculture, Nu- House of Representatives, delivered by shire State Board of Education. trition, and Forestry. Mrs. Cole, one of its reading clerks, an- I thank John, a model educator, men- EC–3397. A communication from the Sec- nounced that the Speaker has signed tor, and public servant, for his service. retary of the Commodity Futures Trading the following enrolled bill: He truly embodies what it means to Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Foreign Fu- have Central pride.∑ H.R. 2608. An act making continuing appro- priations for fiscal year 2012, and for other tures and Options Contracts on a Non-Nar- f purposes. row-Based Security Index; Commission Cer- MESSAGES FROM THE HOUSE tification Procedures’’ ((17 CFR Part 30) The enrolled bill was subsequently (RIN3038–AC54)) received during adjournment At 10:03 a.m., a message from the signed by the President pro tempore of the Senate in the Office of the President House of Representatives, delivered by (Mr. INOUYE). of the Senate on September 28, 2011; to the

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.008 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6089 Committee on Agriculture, Nutrition, and tion, Miramar and was assigned Navy case of Advertising and Notice of Insured Status’’ Forestry. number 10–02; to the Committee on Appro- (RIN3133–AD83) received during adjournment EC–3398. A communication from the Sec- priations. of the Senate in the Office of the President retary of the Commodity Futures Trading EC–3406. A communication from the Direc- of the Senate on September 29, 2011; to the Commission, transmitting, pursuant to law, tor of Defense Procurement and Acquisition Committee on Banking, Housing, and Urban the report of a rule entitled ‘‘Retail Foreign Policy, Department of Defense, transmit- Affairs. Exchange Transactions; Conforming Changes ting, pursuant to law, the report of a rule en- EC–3415. A communication from the Gen- to Existing Regulations in Response to the titled ‘‘Defense Federal Acquisition Regula- eral Counsel of the National Credit Union Dodd-Frank Wall Street Reform and Con- tion Supplement: Responsibility and Liabil- Administration, transmitting, pursuant to sumer Protection Act’’ (17 CFR Part 5) re- ity for Government Property’’ ((RIN0750– law, the report of a rule entitled ‘‘Share In- ceived during adjournment of the Senate in AG94) (DFARS Case 2010–D018)) received in surance and Appendix’’ (RIN3133–AD79) re- the Office of the President of the Senate on the Office of the President of the Senate on ceived during adjournment of the Senate in September 28, 2011; to the Committee on Ag- October 3, 2011; to the Committee on Armed the Office of the President of the Senate on riculture, Nutrition, and Forestry. Services. September 29, 2011; to the Committee on EC–3399. A communication from the Con- EC–3407. A communication from the Direc- Banking, Housing, and Urban Affairs. gressional Review Coordinator, Animal and tor of Defense Procurement and Acquisition EC–3416. A communication from the Chief Plant Health Inspection Service, Department Policy, Department of Defense, transmit- Counsel, Federal Emergency Management of Agriculture, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Agency, Department of Homeland Security, law, the report of a rule entitled ‘‘Golden titled ‘‘Defense Federal Acquisition Regula- transmitting, pursuant to law, the report of Nematode; Removal of Regulated Areas’’ tion Supplement: Administering Trafficking a rule entitled ‘‘Suspension of Community (Docket No. APHIS–2011–0036) received dur- in Persons Regulations’’ ((RIN0750–AH41) Eligibility’’ ((44 CFR Part 64) (Docket No. ing adjournment of the Senate in the Office (DFARS Case 2011–D051)) received in the Of- FEMA–2011–0002)) received during adjourn- of the President of the Senate on September fice of the President of the Senate on Octo- ment of the Senate in the Office of the Presi- 29, 2011; to the Committee on Agriculture, ber 3, 2011; to the Committee on Armed Serv- dent of the Senate on September 29, 2011; to Nutrition, and Forestry. ices. the Committee on Banking, Housing, and EC–3400. A communication from the Con- EC–3408. A communication from the Direc- Urban Affairs. gressional Review Coordinator, Animal and tor of Defense Procurement and Acquisition EC–3417. A communication from the Chief Plant Health Inspection Service, Department Policy, Department of Defense, transmit- Counsel, Federal Emergency Management of Agriculture, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Agency, Department of Homeland Security, law, the report of a rule entitled titled ‘‘Defense Federal Acquisition Regula- transmitting, pursuant to law, the report of ‘‘Phytosanitary Treatments; Location of and tion Supplement: Accelerate Small Business a rule entitled ‘‘Changes in Flood Elevation Process for Updating Treatment Schedules; Payments’’ ((RIN0750–AH19) (DFARS Case Determinations’’ ((44 CFR Part 65) (Docket Technical Amendment’’ (Docket No. APHIS– 2011–D008)) received in the Office of the No. FEMA–2011–0002)) received during ad- 2008–0022) received during adjournment of the President of the Senate on October 3, 2011; to journment of the Senate in the Office of the Senate in the Office of the President of the the Committee on Armed Services. President of the Senate on September 29, Senate on September 29, 2011; to the Com- EC–3409. A communication from the Direc- 2011; to the Committee on Banking, Housing, mittee on Agriculture, Nutrition, and For- tor of Defense Procurement and Acquisition and Urban Affairs. estry. Policy, Department of Defense, transmit- f EC–3401. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, titled ‘‘Defense Federal Acquisition Regula- EXECUTIVE REPORT OF Office of Policy, Environmental Protection tion Supplement: Definition of ‘Qualifying COMMITTEE Agency, transmitting, pursuant to law, the Country End Product’ ’’ ((RIN0750–AH21) report of a rule entitled ‘‘Isaria fumosorosea (DFARS Case 2011–D028)) received during ad- The following executive report of a Apopka strain 97; Exemption from the Re- journment of the Senate in the Office of the nomination was submitted: quirement of a Tolerance’’ (FRL No. 8889–8) President of the Senate on September 28, By Mrs. FEINSTEIN for the Select Com- received in the Office of the President of the 2011; to the Committee on Armed Services. mittee on Intelligence. Senate on September 26, 2011; to the Com- EC–3410. A communication from the Under *Irvin Charles McCullough III, of Mary- mittee on Agriculture, Nutrition, and For- Secretary of Defense (Personnel and Readi- land, to be Inspector General of the Intel- estry. ness), transmitting a report on the approved ligence Community, Office of the Director of EC–3402. A communication from the Direc- retirement of Lieutenant General Dana T. National Intelligence. tor of the Regulatory Management Division, Atkins, United States Air Force, and his ad- *Nomination was reported with rec- Office of Policy, Environmental Protection vancement to the grade of lieutenant general ommendation that it be confirmed sub- Agency, transmitting, pursuant to law, the on the retired list; to the Committee on ject to the nominee’s commitment to report of a rule entitled ‘‘Amisulbrom; Pes- Armed Services. ticide Tolerances’’ (FRL No. 8885–3) received EC–3411. A communication from the Under respond to requests to appear and tes- in the Office of the President of the Senate Secretary of Defense (Personnel and Readi- tify before any duly constituted com- on September 26, 2011; to the Committee on ness), transmitting a report on the approved mittee of the Senate. Agriculture, Nutrition, and Forestry. retirement of Lieutenant General David P. f EC–3403. A communication from the Direc- Fridovich, United States Army, and his ad- tor of the Regulatory Management Division, vancement to the grade of lieutenant general INTRODUCTION OF BILLS AND Office of Policy, Environmental Protection on the retired list; to the Committee on JOINT RESOLUTIONS Agency, transmitting, pursuant to law, the Armed Services. The following bills and joint resolu- EC–3412. A communication from the Dep- report of a rule entitled ‘‘Protection of tions were introduced, read the first Stratospheric Ozone: The 2011 Critical Use uty to the Chairman for External Affairs, Exemption From the Phaseout of Methyl Federal Deposit Insurance Corporation, and second times by unanimous con- Bromide’’ (FRL No. 9473–5) received in the transmitting, pursuant to law, the report of sent, and referred as indicated: Office of the President of the Senate on Sep- a rule entitled ‘‘Risk-Based Capital Stand- By Mr. CORNYN (for himself and Mr. tember 29, 2011; to the Committee on Agri- ards: Advanced Capital Adequacy Frame- HARKIN): culture, Nutrition, and Forestry. work—Basel II; Establishment of a Risk- S. 1644. A bill to amend the Internal Rev- EC–3404. A joint communication from the Based Capital Floor’’ (RIN3064–AD58) re- enue Code of 1986 to expand workplace health Under Secretary of Defense (Comptroller) ceived during adjournment of the Senate in incentives by equalizing the tax con- and the Associate Director of National Intel- the Office of the President of the Senate on sequences of employee athletic facility use; ligence, transmitting, pursuant to law, a re- September 28, 2011; to the Committee on to the Committee on Finance. port relative to violations of the Banking, Housing, and Urban Affairs. By Mr. CASEY: Antideficiency Act that occurred within the EC–3413. A communication from the Gen- S. 1645. A bill to establish an Oleoresin National Intelligence Program and the Mili- eral Counsel of the National Credit Union Capsicum Spray Pilot Program in the Bu- tary Intelligence Program and was assigned Administration, transmitting, pursuant to reau of Prisons, and for other purposes; to National Geospatial-Intelligence Agency law, the report of a rule entitled ‘‘Golden the Committee on the Judiciary. case number 10–04; to the Committee on Ap- Parachute and Indemnification Payments’’ By Mr. INHOFE: propriations. (RIN3133–AD73) received during adjournment S. 1646. A bill to repeal the Zimbabwe De- EC–3405. A communication from the Under of the Senate in the Office of the President mocracy and Economic Recovery Act of 2001; Secretary of Defense (Comptroller), trans- of the Senate on September 29, 2011; to the to the Committee on Foreign Relations. mitting, pursuant to law, a report relative to Committee on Banking, Housing, and Urban By Mr. CRAPO: violations of the Antideficiency Act that oc- Affairs. S. 1647. A bill to repeal the sunset on the curred within the Operation and Mainte- EC–3414. A communication from the Gen- reduction of capital gains rates for individ- nance, Marine Corps account, during fiscal eral Counsel of the National Credit Union uals and on the taxation of dividends of indi- year 2008 at the Marine Corps Base, Camp Administration, transmitting, pursuant to viduals at capital gain rates; to the Com- Pendleton, and the Marine Corps Air Sta- law, the report of a rule entitled ‘‘Accuracy mittee on Finance.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.013 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6090 CONGRESSIONAL RECORD — SENATE October 4, 2011 By Mr. PAUL (for himself, Mr. MCCON- sponsor of S. 211, a bill to provide for a (Mr. COONS) was added as a cosponsor NELL, and Mr. COATS): biennial budget process and a biennial of S. 949, a bill to amend the National S. 1648. A bill to terminate the Transpor- appropriations process and to enhance Oilheat Research Alliance Act of 2000 tation Enhancement Program and transfer oversight and performance of the Fed- to reauthorize and improve that Act, the funding dedicated to such program to carry out the most critical emergency trans- eral Government. and for other purposes. portation projects identified by the Sec- S. 306 S. 1029 retary of Transportation, after consultation At the request of Mr. WEBB, the name At the request of Mr. UDALL of Colo- with State and local transportation officials; of the Senator from New York (Mrs. rado, the name of the Senator from to the Committee on Environment and Pub- GILLIBRAND) was added as a cosponsor Delaware (Mr. COONS) was added as a lic Works. of S. 306, a bill to establish the Na- By Mr. BAUCUS: cosponsor of S. 1029, a bill to amend the S. 1649. A bill to amend the provisions of tional Criminal Justice Commission. Public Utility Regulatory Policies Act title 5, United States Code, relating to the S. 341 of 1978 to provide electric consumers methodology for calculating the amount of At the request of Mr. BROWN of Mas- the right to access certain electric en- any Postal surplus or supplemental liability sachusetts, the name of the Senator ergy information, and for other pur- under the Civil Service Retirement System, from Montana (Mr. TESTER) was added poses. and for other purposes; to the Committee on as a cosponsor of S. 341, a bill to re- Homeland Security and Governmental Af- S. 1048 fairs. quire the rescission or termination of At the request of Mr. MENENDEZ, the By Mr. CRAPO (for himself, Mr. Federal contracts and subcontracts name of the Senator from Minnesota JOHANNS, Mr. SHELBY, Mr. VITTER, with enemies of the United States. (Mr. FRANKEN) was added as a cospon- Mr. TOOMEY, Mr. MORAN, and Mr. S. 362 sor of S. 1048, a bill to expand sanctions KIRK): At the request of Mr. WHITEHOUSE, imposed with respect to the Islamic S. 1650. A bill to provide for the orderly im- the name of the Senator from Delaware plementation of the provisions of title VII of Republic of Iran, North Korea, and (Mr. COONS) was added as a cosponsor the Dodd-Frank Wall Street Reform and Syria, and for other purposes. Consumer Protection Act, and for other pur- of S. 362, a bill to amend the Public S. 1219 Health Service Act to provide for a poses; to the Committee on Banking, Hous- At the request of Mr. BARRASSO, the Pancreatic Cancer Initiative, and for ing, and Urban Affairs. names of the Senator from Kansas (Mr. By Mr. SESSIONS (for himself and Ms. other purposes. ROBERTS), the Senator from Alabama SNOWE): S. 418 S. 1651. A bill to provide for greater trans- (Mr. SESSIONS) and the Senator from At the request of Mr. HARKIN, the parency and honesty in the Federal budget Arkansas (Mr. BOOZMAN) were added as process; to the Committee on the Budget. name of the Senator from Wyoming cosponsors of S. 1219, a bill to require By Mr. BLUMENTHAL (for himself, (Mr. ENZI) was added as a cosponsor of Federal agencies to assess the impact Mr. FRANKEN, and Mr. WHITEHOUSE): S. 418, a bill to award a Congressional of Federal action on jobs and job oppor- S. 1652. A bill to amend title 9 of the Gold Medal to the World War II mem- tunities, and for other purposes. United States Code to prohibit mandatory bers of the Civil Air Patrol. arbitration clauses in contracts for mobile S. 1299 S. 436 service; to the Committee on the Judiciary. At the request of Mr. MORAN, the At the request of Mr. SCHUMER, the By Ms. KLOBUCHAR (for herself, Mr. name of the Senator from New Hamp- name of the Senator from Hawaii (Mr. BLUNT, Mr. HELLER, and Mr. BEGICH): shire (Mrs. SHAHEEN) was added as a co- AKAKA) was added as a cosponsor of S. S. 1653. A bill to make minor modifications sponsor of S. 1299, a bill to require the to the procedures relating to the issuance of 436, a bill to ensure that all individuals Secretary of the Treasury to mint visas; to the Committee on the Judiciary. who should be prohibited from buying a coins in commemoration of the centen- By Mr. UDALL of Colorado (for himself firearm are listed in the national in- nial of the establishment of Lions and Mr. BENNET): stant criminal background check sys- S. 1654. A bill to establish an alternative Clubs International. tem and require a background check accountability model; to the Committee on S. 1301 Health, Education, Labor, and Pensions. for every firearm sale. S. 510 At the request of Mr. LEAHY, the f name of the Senator from Nevada (Mr. At the request of Mr. UDALL of New ADDITIONAL COSPONSORS Mexico, the name of the Senator from HELLER) was added as a cosponsor of S. 1301, a bill to authorize appropriations S. 25 Hawaii (Mr. AKAKA) was added as a co- for fiscal years 2012 to 2015 for the Traf- At the request of Mrs. SHAHEEN, the sponsor of S. 510, a bill to prevent name of the Senator from California drunk driving injuries and fatalities, ficking Victims Protection Act of 2000, to enhance measures to combat traf- (Mrs. FEINSTEIN) was added as a co- and for other purposes. ficking in person, and for other pur- sponsor of S. 25, a bill to phase out the S. 595 poses. Federal sugar program, and for other At the request of Mrs. MURRAY, the purposes. name of the Senator from Colorado S. 1315 S. 119 (Mr. BENNET) was added as a cosponsor At the request of Mr. BLUMENTHAL, At the request of Mr. VITTER, the of S. 595, a bill to amend title VIII of the name of the Senator from Delaware name of the Senator from North Caro- the Elementary and Secondary Edu- (Mr. COONS) was added as a cosponsor lina (Mr. BURR) was added as a cospon- cation Act of 1965 to require the Sec- of S. 1315, a bill to amend the Omnibus sor of S. 119, a bill to preserve open retary of Education to complete pay- Crime Control and Safe Streets Act of competition and Federal Government ments under such title to local edu- 1968 to extend public safety officers’ neutrality towards the labor relations cational agencies eligible for such pay- death benefits to fire police officers. of Federal Government contractors on ments within 3 fiscal years. S. 1447 Federal and federally funded construc- S. 838 At the request of Mr. CRAPO, the tion projects. At the request of Mr. TESTER, the name of the Senator from Connecticut S. 164 name of the Senator from Tennessee (Mr. LIEBERMAN) was added as a co- At the request of Mr. BROWN of Mas- (Mr. ALEXANDER) was added as a co- sponsor of S. 1447, a bill to amend the sachusetts, the name of the Senator sponsor of S. 838, a bill to amend the Safe and Drug-Free Schools and Com- from Montana (Mr. TESTER) was added Toxic Substances Control Act to clar- munities Act to authorize the use of as a cosponsor of S. 164, a bill to repeal ify the jurisdiction of the Environ- grant funds for dating violence preven- the imposition of withholding on cer- mental Protection Agency with respect tion, and for other purposes. tain payments made to vendors by gov- to certain sporting good articles, and S. 1472 ernment entities. to exempt those articles from a defini- At the request of Mrs. GILLIBRAND, S. 211 tion under that Act. the name of the Senator from Florida At the request of Mr. ISAKSON, the S. 949 (Mr. NELSON) was added as a cosponsor name of the Senator from New Hamp- At the request of Mrs. SHAHEEN, the of S. 1472, a bill to impose sanctions on shire (Ms. AYOTTE) was added as a co- name of the Senator from Delaware persons making certain investments

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.016 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6091 that directly and significantly con- MURKOWSKI) was added as a cosponsor place health incentives by equalizing tribute to the enhancement of the abil- of S. 1620, a bill to ensure the the tax consequences of employee ath- ity of Syria to develop its petroleum icebreaking capabilities of the United letic facility use; to the Committee on resources, and for other purposes. States and for other purposes. Finance. S. 1479 S. 1629 Mr. CORNYN. Mr. President, I rise to At the request of Mr. CASEY, the At the request of Ms. MIKULSKI, her introduce the Workforce Health Im- name of the Senator from Oregon (Mr. name was added as a cosponsor of S. provement Program Act of 2011, other- WYDEN) was added as a cosponsor of S. 1629, a bill to amend title 38, United wise known as the WHIP Act. I am very 1479, a bill to preserve Medicare bene- States Code, to clarify presumptions pleased to be joined again by my good ficiary choice by restoring and expand- relating to the exposure of certain vet- friend and colleague, Senator TOM HAR- ing Medicare open enrollment and erans who served in the vicinity of the KIN, who shares my commitment to disenrollment opportunities. Republic of Vietnam, and for other pur- helping keep America fit. Public health experts unanimously S. 1508 poses. agree that people who maintain active At the request of Mr. MENENDEZ, the S. 1632 and healthy lifestyles dramatically re- name of the Senator from Massachu- At the request of Mr. MENENDEZ, the duce their risk of contracting chronic setts (Mr. BROWN) was added as a co- name of the Senator from South Da- diseases. And as the government works sponsor of S. 1508, a bill to extend loan kota (Mr. JOHNSON) was added as a co- to reign in the high cost of health care, limits for programs of the Federal sponsor of S. 1632, a bill to amend the it is worth talking about what we all Housing Administration, the govern- Internal Revenue Code of 1986 to pro- can do to help ourselves. As you know, ment-sponsored enterprises, and the vide a look back rule in the case of fed- prevention is key, and exercise is a pri- Department of Veterans Affairs, and erally declared disasters for deter- mary component in the prevention of for other purposes. mining earned income for purposes of many adverse health conditions that S. 1512 the child tax credit and the earned in- can arise over one’s lifetime. A phys- come credit, and for other purposes. At the request of Mr. CARDIN, the ically fit population helps to decrease name of the Senator from Vermont S.J. RES. 6 health-care costs, reduce governmental (Mr. LEAHY) was added as a cosponsor At the request of Mrs. HUTCHISON, the spending, reduce illnesses, and improve of S. 1512, a bill to amend the Internal name of the Senator from Florida (Mr. worker productivity. Revenue Code of 1986 and the Small RUBIO) was added as a cosponsor of S.J. According to the Centers for Disease Business Act to expand the availability Res. 6, a joint resolution disapproving Control and Prevention, CDC, the eco- of employee stock ownership plans in S the rule submitted by the Federal Com- nomic cost alone to businesses in the corporations, and for other purposes. munications Commission with respect form of health insurance and absentee- S. 1514 to regulating the Internet and ism is more that $15 billion. Addition- At the request of Mr. TESTER, the broadband industry practices. ally, the CDC estimates that more than names of the Senator from Connecticut S.J. RES. 21 one-third of all U.S. adults fail to meet (Mr. BLUMENTHAL) and the Senator At the request of Mr. MENENDEZ, the minimum recommendations for aerobic from Alaska (Mr. BEGICH) were added name of the Senator from Connecticut physical activity. With physical inac- as cosponsors of S. 1514, a bill to au- (Mr. BLUMENTHAL) was added as a co- tivity being a key contributing factor thorize the President to award a gold sponsor of S.J. Res. 21, a joint resolu- to overweight and obesity, and ad- medal on behalf of the Congress to tion proposing an amendment to the versely affecting workforce produc- Elouise Pepion Cobell, in recognition Constitution of the United States rel- tivity, we quite simply need to do more of her outstanding and enduring con- ative to equal rights for men and to help employers encourage exercise. tributions to American Indians, Alaska women. Given the tremendous benefits exer- Natives, and the Nation through her S. RES. 132 cise provides, I believe Congress has a tireless pursuit of justice. At the request of Mr. NELSON of Ne- duty to create as many incentives as S. 1527 braska, the name of the Senator from possible to get Americans off the At the request of Mrs. HAGAN, the Michigan (Ms. STABENOW) was added as couch, up, and moving. names of the Senator from Alaska (Mr. a cosponsor of S. Res. 132, a resolution With this in mind, I am reintro- BEGICH) and the Senator from Maine recognizing and honoring the zoos and ducing the WHIP Act. (Ms. SNOWE) were added as cosponsors aquariums of the United States. Current law already permits busi- nesses to deduct the cost of on-site of S. 1527, a bill to authorize the award S. RES. 251 of a Congressional gold medal to the workout facilities, which are provided At the request of Mr. CARPER, the for the benefit of employees on a pre- Montford Point Marines of World War name of the Senator from Kansas (Mr. II. tax basis. But if a business wants or ROBERTS) was added as a cosponsor of needs to outsource these health bene- S. 1539 S. Res. 251, a resolution expressing sup- fits, they and/or their employees are At the request of Mr. CORNYN, the port for improvement in the collection, required to bear the full cost. In other name of the Senator from Alabama processing, and consumption of recy- words, employees who receive off-site (Mr. SESSIONS) was added as a cospon- clable materials throughout the United fitness center subsidies are required to sor of S. 1539, a bill to provide Taiwan States. pay income tax on the benefits, and with critically needed United States- AMENDMENT NO. 669 their employers bear the associated ad- built multirole fighter aircraft to At the request of Mr. MERKLEY, the ministrative costs of complying with strengthen its self-defense capability names of the Senator from Maine (Ms. the IRS rules. against the increasing military threat SNOWE) and the Senator from Nebraska The WHIP Act would correct this in- from China. (Mr. NELSON) were added as cosponsors equity in the tax code to the benefit of S. 1588 of amendment No. 669 intended to be many smaller businesses and their em- At the request of Mr. WEBB, the proposed to S. 1619, a bill to provide for ployees. Specifically, it would provide names of the Senator from Alaska (Mr. identification of misaligned currency, an employer’s right to deduct up to BEGICH) and the Senator from Alaska require action to correct the misalign- $900 of the cost of providing health club (Ms. MURKOWSKI) were added as cospon- ment, and for other purposes. benefits off-site for their employees. In sors of S. 1588, a bill to protect the f addition, the employer’s contribution right of individuals to bear arms at to the cost of the health club fees water resources development projects STATEMENTS ON INTRODUCED would not be taxable income for em- administered by the Secretary of the BILLS AND JOINT RESOLUTIONS ployees—creating an incentive for Army, and for other purposes. By Mr. CORNYN (for himself and more employers to contribute to the S. 1620 Mr. HARKIN): health and welfare of their employees. At the request of Mr. BEGICH, the S. 1644. A bill to amend the Internal The WHIP Act is an important step name of the Senator from Alaska (Ms. Revenue Code of 1986 to expand work- in reversing the largely preventable

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.018 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6092 CONGRESSIONAL RECORD — SENATE October 4, 2011 health crisis that our country is facing, (2) CONFORMING AMENDMENT.—The last sen- ‘‘(ii)(I) If the result of the determination or through the promotion of physical ac- tence of section 274(e)(4) of such Code is redetermination under clause (i) is a surplus, tivity and disease prevention. It is a amended by inserting ‘‘the first sentence of’’ the Office shall transfer the amount of such critical component of America’s health before ‘‘subsection (a)(3)’’. surplus to the Postal Service Retiree Health (e) EFFECTIVE DATE.—The amendments Benefits Fund not later than 15 days after care policy: prevention. It will improve made by this section shall apply to taxable the date of such determination or redeter- our nation’s quality of life by pro- years beginning after the date of the enact- mination. moting physical activity and pre- ment of this Act. ‘‘(II) If a determination or redetermination venting disease. under clause (i) for a fiscal year is made be- Mr. President, I ask unanimous con- By Mr. BAUCUS: fore the Office makes a redetermination sent that the text of the bill be printed S. 1649. A bill to amend the provi- under paragraph (2)(B) with respect to the fiscal year, the Office may not make a deter- in the RECORD. sions of title 5, United States Code, re- There being no objection, the text of lating to the methodology for calcu- mination under paragraph (2)(B) with respect to the fiscal year. the bill was ordered to be printed in lating the amount of any Postal sur- plus or supplemental liability under ‘‘(C) The provisions of law described in this the RECORD, as follows: subparagraph are— the Civil Service Retirement System, S. 1644 ‘‘(i) the first sentence of section 8339(a); and for other purposes; to the Com- and Be it enacted by the Senate and House of Rep- mittee on Homeland Security and Gov- resentatives of the United States of America in ‘‘(ii) section 8339(d)(1). Congress assembled, ernmental Affairs. ‘‘(5) For purposes of this subsection— Mr. BAUCUS. Mr. President, I ask ‘‘(A) the term ‘Postal Service Retiree SECTION 1. SHORT TITLE. Health Benefits Fund’ means the fund estab- This Act may be cited as the ‘‘Workforce unanimous consent that the text of the bill be printed in the RECORD. lished under section 8909a; and Health Improvement Program Act of 2011’’. ‘‘(B) the term ‘Postal Service Fund’ means SEC. 2. EMPLOYER-PROVIDED OFF-PREMISES There being no objection, the text of the bill was ordered to be printed in the fund established under section 2003 of HEALTH CLUB SERVICES. title 39.’’. ECORD (a) TREATMENT AS FRINGE BENEFIT.—Sub- the R , as follows: (b) COORDINATION PROVISIONS.— paragraph (A) of section 132(j)(4) of the Inter- S. 1649 (1) AMENDMENT.—Section 8909a of title 5, nal Revenue Code of 1986 (relating to on- Be it enacted by the Senate and House of Rep- United States Code, is amended by adding at premises gyms and other athletic facilities) resentatives of the United States of America in the end the following: is amended to read as follows: Congress assembled, ‘‘(e) Notwithstanding any other provision ‘‘(A) IN GENERAL.—Gross income shall not SECTION 1. SHORT TITLE. of law, the amount payable by the Postal include— This Act may be cited as the ‘‘United Service under subsection (d) in any fiscal ‘‘(i) the value of any on-premises athletic States Postal Service Pension Obligation Re- year ending on or before September 30, 2021, facility provided by an employer to its em- calculation and Restoration Act of 2011’’. shall be determined without regard to the re- ployees, and SEC. 2. MODIFIED METHODOLOGY. quirements under section 8348(h)(4).’’. ‘‘(ii) so much of the fees, dues, or member- (a) IN GENERAL.—Section 8348(h) of title 5, (2) RULE OF CONSTRUCTION.—Nothing in this ship expenses paid by an employer to an ath- United States Code, is amended by adding at Act, or an amendment made by this Act, letic or fitness facility described in subpara- the end the following: shall be construed to affect the amount of graph (C) on behalf of its employees as does ‘‘(4)(A) To the extent that a determination any benefits otherwise payable from the not exceed $900 per employee per year.’’. under paragraph (1), relating to benefits at- Civil Service Retirement and Disability (b) ATHLETIC FACILITIES DESCRIBED.—Para- tributable to civilian employment with the Fund to any individual. graph (4) of section 132(j) of the Internal Rev- United States Postal Service, is based on any (c) TECHNICAL AMENDMENT.—The heading enue Code of 1986 (relating to special rules) is provision of law described in subparagraph for section 8909a of title 5, United States amended by adding at the end the following (C), such determination shall be made in ac- Code, is amended by striking ‘‘Benefit’’ and new subparagraph: cordance with such provision and any other- inserting ‘‘Benefits’’. ‘‘(C) CERTAIN ATHLETIC OR FITNESS FACILI- wise applicable provisions of law, subject to SEC. 3. ADDITIONAL PROVISIONS. TIES DESCRIBED.—For purposes of subpara- the following: (a) IN GENERAL.—Section 8348(h)(2) of title graph (A)(ii), an athletic or fitness facility ‘‘(i) The ‘average pay’ used in the case of 5, United States Code, is amended by adding described in this subparagraph is a facility— any individual shall be a single amount, de- at the end the following: ‘‘(i) which provides instruction in a pro- termined in accordance with section 8331(4), ‘‘(F) Notwithstanding any other provision gram of physical exercise, offers facilities for taking into account the rates of basic pay in of this subsection, for purposes of deter- the preservation, maintenance, encourage- effect for such individual during the periods mining the Postal surplus or supplemental ment, or development of physical fitness, or of creditable service performed by such indi- liability for each of fiscal years 2016, 2017, is the site of such a program of a State or vidual. Nothing in this subsection shall be 2018, 2019, and 2020— local government, considered to permit or require— ‘‘(i) paragraph (4)(A) shall not apply to a ‘‘(ii) which is not a private club owned and ‘‘(I) one determination of average pay with determination under paragraph (1); and operated by its members, respect to service performed with the United ‘‘(ii) the determination under paragraph (1) ‘‘(iii) which does not offer golf, hunting, States Postal Service; and shall be made by applying the methodology sailing, or riding facilities, ‘‘(II) a separate determination of average that was used to carry out this paragraph ‘‘(iv) whose health or fitness facility is not pay with respect to service performed with with respect to the fiscal year preceding the incidental to its overall function and pur- its predecessor entity in function. fiscal year referred to in paragraph pose, and ‘‘(ii) In determining the portion of an an- (4)(B)(i).’’. ‘‘(v) which is fully compliant with the nuity attributable to civilian employment (b) RELATING TO A POSTAL SURPLUS.—Sec- State of jurisdiction and Federal anti-dis- with the United States Postal Service, with tion 8348(h)(2)(C) of title 5, United States crimination laws.’’. respect to any period of employment with Code, is amended— (c) EXCLUSION APPLIES TO HIGHLY COM- the United States Postal Service that fol- (1) by inserting ‘‘2021,’’ after ‘‘2015,’’; and PENSATED EMPLOYEES ONLY IF NO DISCRIMI- lows any other period of employment cred- (2) by striking ‘‘if the result is’’ and all NATION.—Section 132(j)(1) of the Internal itable under section 8332 (without regard to that follows through ‘‘terminated.’’ and in- Revenue Code of 1986 is amended— whether such employment was with an enti- serting the following: ‘‘if the result is a sur- (1) by striking ‘‘Paragraphs (1) and (2) of ty referred to in clause (i)(II)), the total plus— subsection (a)’’ and inserting ‘‘Subsections service of an employee for purposes of any ‘‘(i) that amount shall be transferred— (a)(1), (a)(2), and (j)(4)’’, and provision of law described in subparagraph ‘‘(I) to the Postal Service Retiree Health (2) by striking the heading thereof through (C) shall be the sum of— Benefits Fund, if the surplus is for fiscal ‘‘(2) APPLY’’ and inserting ‘‘CERTAIN EXCLU- ‘‘(I) any period of employment with the year 2020 or a preceding fiscal year; and SIONS APPLY’’. United States Postal Service; and ‘‘(II) to the Postal Service Fund, if the sur- (d) EMPLOYER DEDUCTION FOR DUES TO CER- ‘‘(II) any period of employment creditable plus is for fiscal year 2021 or a subsequent TAIN ATHLETIC FACILITIES.— under section 8332 that precedes the period fiscal year; and (1) IN GENERAL.—Paragraph (3) of section described in subclause (I). ‘‘(ii) any prior amortization schedule for 274(a) of the Internal Revenue Code of 1986 ‘‘(B)(i) Not later than 6 months after the payments shall be terminated.’’. (relating to denial of deduction for club date of enactment of this paragraph, the Of- SEC. 4. TREATMENT OF CERTAIN SURPLUS RE- dues) is amended by adding at the end the fice shall determine (or, if applicable, rede- TIREMENT CONTRIBUTIONS. following new sentence: ‘‘The preceding sen- termine) the amount of the Postal surplus or Section 8423(b) of title 5, United States tence shall not apply to so much of the fees, supplemental liability as of the close of the Code, is amended— dues, or membership expenses paid to ath- fiscal year most recently ending before such (1) by redesignating paragraph (5) as para- letic or fitness facilities (within the meaning date of enactment, in conformance with the graph (6); and of section 132(j)(4)(C)) as does not exceed $900 methodology required under subparagraph (2) by inserting after paragraph (4) the fol- per employee per year.’’. (A). lowing:

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.020 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6093 ‘‘(5) If, for fiscal year 2010, the amount because it does not properly measure (2) by adding at the end the following: computed under paragraph (1)(B) is less than individual students’ growth over time. ‘‘(11) CRITERIA AND IMPLEMENTATION OF AC- zero (in this section referred to as ‘surplus Unfortunately, under current law, COUNTABILITY MODEL.— postal contributions’), the amount of such schools are punished when such groups ‘‘(A) IN GENERAL.— surplus postal contributions shall be trans- of students do not meet the required ‘‘(i) TRANSITIONAL PARTICIPATION.—Prior to ferred— level of AYP, even if individual stu- a State’s adoption of college and career ‘‘(A) to the Postal Service Retiree Health ready academic content standards and col- Benefits Fund to pay any liability to the dents actually displayed substantial lege and career ready assessments, as defined Postal Service Retiree Health Benefits Fund growth over that time. Our bill would in subparagraphs (B) and (C) of paragraph for fiscal year 2011; fix that. (13), a State may apply to the Secretary to ‘‘(B) if all liability to the Postal Service Using the nationally recognized Colo- replace the State plan requirements under Retiree Health Benefits Fund for fiscal year rado Growth Model as its inspiration, paragraph (2) with the accountability re- 2011 has been paid, to the Employees’ Com- the Growth to Excellence Act would quirements under paragraph (12). pensation Fund established under section amend current law to allow all states ‘‘(ii) REQUIRED PARTICIPATION.—After the 8147; and to move toward an accountability sys- adoption of college and career ready aca- ‘‘(C) if all liability of the United States tem that measures student growth demic content standards and college and ca- Postal Service to the Employees’ Compensa- reer ready assessments, as defined in sub- tion Fund has been paid, to the United rates together with their attainment of college and career readiness. Growth paragraphs (B) and (C) of paragraph (13) and States Postal Service for the repayment of required under this subsection— any obligation issued under section 2005 of models, which track students from year to year, provide schools, parents, ‘‘(I) a State shall comply with this para- title 39.’’. graph and paragraph (12) in lieu of paragraph SEC. 5. RURAL POST OFFICES. teachers, and students alike with the (2); and Section 404(d) of title 39, United States information they need to see where in- ‘‘(II) references in this Act to section Code, is amended by adding at the end the dividual student improvements have 1111(b)(2) shall be deemed to be references to following: been made and where there is still this paragraph and paragraph (12). ‘‘(7) Notwithstanding any other provision room for continued learning. ‘‘(B) CRITERIA.—A State that participates of this subsection, in making any determina- This legislation, I believe, will pro- in the accountability model described in tion under subsection (a)(3) as to the neces- vide a proven system of tracking ac- paragraph (12) shall carry out the following sity for the closing or consolidation of any tual student growth aimed at preparing activities: post office, the Postal Service may not close our students for college and for their ‘‘(i) Implement challenging college and ca- any post office which is located more than 10 reer ready academic content standards, as miles from any other post office.’’. careers, without unnecessarily pun- ishing schools in a one-size-fits-all ap- defined in paragraph (13)(B). SEC. 6. EFFECTIVE DATE. ‘‘(ii) Implement college and career ready (a) IN GENERAL.—This Act and the amend- proach. This will ultimately improve assessments, as defined in paragraph 13(C). ments made by this Act shall take effect on accountability standards for teachers, ‘‘(iii) For a secondary school, measure the date of enactment of this Act. principals and school systems nation- graduation rates as defined in section (b) INTENT OF CONGRESS.—It is the intent of wide as it will provide us with the data 200.19(b)(1) of title 34, Code of Federal Regu- Congress that this Act apply with respect to we need to ensure America’s students lations. the allocation of past, present, and future are prepared to win the global eco- ‘‘(iv) Assess not less than 2 additional indi- benefit liabilities between the United States nomic race in the 21st Century. cators of whether students are college and Postal Service and the Treasury of the As Congress continues its important career ready, such as— United States. work on the reauthorization of the Ele- ‘‘(I) student scores on the ACT; ‘‘(II) student scores on the SAT; By Mr. UDALL of Colorado (for mentary and Secondary Education Act, I urge my colleagues to join both Sen- ‘‘(III) the percentage of students who at- himself and Mr. BENNET): tend an institution of higher education; ator Bennet and me in supporting the S. 1654. A bill to establish an alter- ‘‘(IV) college remediation rates; native accountability model; to the Growth to Excellence Act. ‘‘(V) results from Advance Placement or Mr. President, I ask unanimous con- Committee on Health, Education, International Baccalaureate exams; sent that the text of the bill be printed Labor, and Pensions. ‘‘(VI) student grade point averages at an in the RECORD. Mr. UDALL of Colorado. Mr. Presi- institution of higher education; or There being no objection, the text of ‘‘(VII) rates of completion of the first year dent, I come to the floor to speak the bill was ordered to be printed in at an institution of higher education. about a Colorado common-sense ap- the RECORD, as follows: ‘‘(v) Provide a comprehensive State system proach to solving a national problem S. 1654 of accountability for schools that do not facing schools because of the current Be it enacted by the Senate and House of Rep- meet the standard for adequate student No Child Left Behind, NCLB law. resentatives of the United States of America in growth, as described in paragraph (12), which Today, I am introducing the Growth to Congress assembled, aims to ensure that each student is college Excellence Act, along with my friend SECTION 1. SHORT TITLE. and career ready before such student grad- and colleague Senator Bennet. This Act may be cited as the ‘‘Growth to uates from secondary school and which shall In my travels across the great state Excellence Act of 2011’’. include, at a minimum— ‘‘(I) the evaluation of each school and each of Colorado, educators from Pueblo to SEC. 2. ACCOUNTABILITY MODEL. Section 1111(b) of the Elementary and Sec- group of students described in paragraph Grand Junction have shared with me (2)(C)(v)(II) against annual progress targets the difficulties and cumbersome bur- ondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended— described in subclauses (V) and (VI) of para- dens placed on them by NCLB. Al- (1) in paragraph (3), by adding at the end graph (12)(B)(i) that are aligned with the though well-intentioned, NCLB has the following: goal of ensuring that each student is college continued to suffer from under-funding ‘‘(E) ASSESSMENTS ABOVE AND BELOW GRADE and career ready before such student grad- and poor implementation, which have LEVEL.— uates from secondary school; in turn hurt our nation’s students. ‘‘(i) IN GENERAL.—Notwithstanding any ‘‘(II) a system of categorization that will A major component of the current other requirement of this paragraph, a State group schools based on— may carry out this paragraph through the ‘‘(aa) how the overall performance of stu- law is the measurement of Annual dents, and the performance of each subgroup Yearly Progress, or AYP for short, for use of adaptive assessments that— ‘‘(I) are administered through a computer- of students described in paragraph a group of students. Current law re- ized means; (2)(C)(v)(II), at such school compares to each quires States to compare one year’s ‘‘(II) are aligned with grade-level academic annual progress target described in sub- class of students to the next year’s content standards; and clauses (V) and (VI) of paragraph (12)(B)(i); class, and it fails to measure the ‘‘(III) measure academic growth above and and progress of individual students over below grade level. ‘‘(bb) if the school is a secondary school, time. ‘‘(ii) REQUIREMENTS FOR ADAPTIVE ASSESS- how students at such school perform when This is problematic for schools be- MENTS.—For the results of any adaptive as- measured against key indicators of college and career readiness, as described in clauses cause it doesn’t adequately represent sessment to be included in the account- ability model described under paragraph (12), (iii) and (iv); true educational progress, focusing in- such results must provide the information ‘‘(III) supports and consequences for each stead on anonymous students’ test necessary to determine adequate student school in the State, as appropriate for each scores. Likewise, the information is growth in accordance with paragraph school based on the categorization described meaningless to parents and students (12)(C)(i).’’; and in subclause (II); and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.022 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6094 CONGRESSIONAL RECORD — SENATE October 4, 2011 ‘‘(IV) incentives for schools that consist- ‘‘(VI) establish annual progress targets for ‘‘(hh) The percentage of secondary school ently exceed the annual progress targets de- each secondary school that aim to reduce by graduates who attend an institution of high- scribed in subclauses (V) and (VI) of para- half, in less than 6 years, the difference be- er education. graph (12)(B)(i). tween the percentage of students who grad- ‘‘(ii) The percentage of secondary school ‘‘(vi) Adopt intervention mechanisms for uate from such secondary school and 90 per- graduates who do not require remediation at schools, as described in section 1116. cent. an institution of higher education. ‘‘(vii) Ensure that adequate student growth ‘‘(ii) DEFINITION OF TOP PERFORMING ‘‘(II) VALIDITY AND RELIABILITY.—The State reports are delivered, in a timely manner, to SCHOOL.—In this paragraph, the term ‘top shall ensure that each indicator described in parents and teachers (as appropriate) to en- performing school’ means a school that is this clause is rigorous, valid for the indica- able parents and teachers to examine stu- ranked at the 90th percentile when all tor’s assigned use, reliable, and consistent dent progress toward becoming college and schools in a State are ranked (with separate with any relevant nationally recognized pro- career ready. rankings for elementary schools and for sec- fessional and technical standards. ‘‘(C) ASSESSMENTS ABOVE AND BELOW GRADE ondary schools) from lowest to highest, ‘‘(III) REPORTING OF INDICATORS.—A State LEVEL.— based on the percentage of students at each shall publicly report each of the indicators ‘‘(i) IN GENERAL.—In carrying out the as- school who meet challenging college and ca- that are included within the composite sessment requirements described in subpara- reer ready academic content standards. measure of adequate school performance, as graph (B)(ii), a State may use adaptive as- ‘‘(iii) TOP PERFORMING SCHOOLS.—A top per- described in this clause, in the aggregate and sessments described in paragraph (3)(E). forming school shall be considered a school disaggregated by each group of students de- ‘‘(ii) REQUIREMENTS FOR ADAPTIVE ASSESS- that is meeting annual progress targets scribed in paragraph (2)(C)(v)(II). MENTS.—For the results of any adaptive as- under subclauses (V) and (VI) of clause (i), ‘‘(D) ANNUAL IMPROVEMENT FOR SCHOOLS.— sessment to be included in the account- for such time as the school remains a top Each year, for a school to meet the standard ability model described under paragraph (12), performing school. for adequate student growth under this para- such results must provide the information ‘‘(C) ADEQUATE STUDENT GROWTH.— graph, not less than 95 percent of each group necessary to determine adequate student ‘‘(i) IN GENERAL.—The term ‘adequate stu- of students described in paragraph growth in accordance with paragraph dent growth’ shall be defined by a State— (2)(C)(v)(II) who are enrolled in the school (12)(C)(i). ‘‘(I) to mean— are required to take the assessments, con- ‘‘(12) ACCOUNTABILITY MODEL.— ‘‘(aa) for each student at a school who is sistent with paragraph (3), including sub- ‘‘(A) IN GENERAL.—Each State that will use not on track to being college and career paragraph (C)(xi) of such paragraph, and an accountability model under this para- ready in a subject, a rate of growth indi- with— graph shall submit a plan to the Secretary, cating that the student will be on track to ‘‘(i) accommodations provided in the same which shall demonstrate that the State has being college and career ready within 3 manner as those provided under section 504 developed and will implement a single, state- years, or by the last year of student testing, of the Rehabilitation Act of 1973 (29 U.S.C. wide State accountability system that will whichever is earlier; and 794); and be effective in ensuring that all local edu- ‘‘(bb) for a student who is on track to being ‘‘(ii) accommodations and alternative as- cational agencies, public elementary schools, college and career ready in a subject, but is sessments provided in the same manner as and public secondary schools meet the stand- not yet college and career ready, a rate of those provided under section 612(a)(16)(A) of ard of adequate student growth as defined growth equal to not less than 1 year of aca- the Individuals with Disabilities Education under this paragraph. demic growth; Act. ‘‘(B) COMPONENTS OF THE ACCOUNTABILITY ‘‘(II) in a manner that— ‘‘(E) EVALUATION.— MODEL.— ‘‘(aa) applies the same high standards of ‘‘(i) SECRETARIAL DUTIES.—The Secretary ‘‘(i) IN GENERAL.—Each State account- academic achievement to all public elemen- shall— ability model shall— tary school and secondary school students in ‘‘(I) establish a rigorous peer-review proc- ‘‘(I) be based on the academic standards the State; ess, which shall include a diverse board of ex- and academic assessments adopted under ‘‘(bb) is statistically rigorous, valid, and perts and community stakeholders, to assist paragraphs (1), (3), and (11), and other aca- reliable; in the review of State accountability model demic indicators consistent with subpara- ‘‘(cc) results in continuous and substantial plans, based on the criteria described in sub- graph (C)(ii); academic improvement for all students; and paragraphs (B) and (C)(i); ‘‘(II) take into account the achievement of ‘‘(dd) measures the progress of public ele- ‘‘(II) appoint individuals to the peer-review all public elementary school and secondary mentary schools, secondary schools, local process who are representative of parents, school students; educational agencies, and the State based on teachers, State educational agencies, and ‘‘(III) be the same accountability model the academic assessments described in para- local educational agencies, and who are fa- that the State uses for all public elementary graphs (3) and (11). miliar with educational standards, assess- schools and secondary schools or all local ‘‘(ii) MEASURES OF ADEQUATE SCHOOL PER- ments, accountability, the needs of low-per- educational agencies in the State; FORMANCE.— forming schools, and other educational needs ‘‘(IV) include components that recognize ‘‘(I) IN GENERAL.—A State may develop a of students; successful schools and that require interven- composite measure of a school’s adequate ‘‘(III) if the Secretary determines that the tion measures in struggling schools, which student growth, as described under this para- State plan does not meet the requirements of the State will use to hold local educational graph, to be used for public reporting, that this paragraph, immediately notify the State agencies and public elementary schools and may incorporate 1 or more of the following of such determination and the reasons for secondary schools accountable for student indicators: such determination; achievement and for ensuring that such ‘‘(aa) Overall student cohort proficiency or ‘‘(IV) not decline to approve a State’s ac- agencies and schools meet the standard of growth to proficiency on the assessments countability model plan before— adequate student growth as described in sub- adopted under paragraphs (3) and (11) over a ‘‘(aa) offering the State an opportunity to paragraph (C), in accordance with this para- period of 2 or more years. revise its accountability model plan; graph; ‘‘(bb) The percentage of students who are ‘‘(bb) providing technical assistance in ‘‘(V) establish annual progress targets for making sufficient growth to meet the college order to assist the State to meet the require- each school that aim to reduce by half, in and career ready academic content stand- ments of this paragraph; less than 6 years— ards, as described in paragraph (13)(B), before ‘‘(cc) providing a hearing; and ‘‘(aa) the difference between the percent- the last year that the student is in the stu- ‘‘(dd) allowing the State to communicate age of students at the top performing schools dent’s current school, or in less than 3 years, with peer reviewers in order to further ex- in the State who meet the college and career whichever occurs earlier. plain or justify the merits of the State’s ac- ready academic content standards described ‘‘(cc) Progress in closing achievement gaps countability model plan; and in paragraph (13)(B) or make adequate stu- between each group of students listed in ‘‘(V) have the authority to disapprove a dent growth, as described in subparagraph paragraph (2)(C)(v)(II) and the overall stu- State accountability model plan for not (C), and the percentage of such students at dent population of the school over a period of meeting the requirements of this paragraph, each school that is not a top performing 2 or more years. but shall not have the authority to require a school; and ‘‘(dd) For secondary schools, a continuous State, as a condition of approval of the State ‘‘(bb) for each category of students de- and substantial increase in the graduation accountability model plan, to include in, or scribed in paragraph (2)(C)(v)(II), the dif- rate (as defined in section 200.19(b)(1) of title delete from, such plan 1 or more specific ele- ference between the percentage of students 34, Code of Federal Regulations). ments of the State’s academic content stand- who meet the college and career ready aca- ‘‘(ee) Year-to-year growth and growth to ards or to use specific academic assessment demic content standards described in para- proficiency on the assessments adopted instruments or items. graph (13)(B) or make adequate student under paragraphs (3) and (11). ‘‘(ii) STATE REVISIONS.—A State account- growth, as described in subparagraph (C), at ‘‘(ff) Attendance for all public elementary ability model plan shall be revised by the the top performing schools in the State, and school students. State educational agency if it is necessary to the percentage of such students at each ‘‘(gg) The percentage of students who earn satisfy the requirements of this paragraph. school that is not a top performing school; sufficient credits to be promoted to the next ‘‘(F) APPROVED SCHOOLS.—If, as of the date and grade. of enactment of the Growth to Excellence

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.029 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6095 Act of 2011, a State has already received ap- SA 676. Mr. CORNYN submitted an amend- SA 699. Mr. CORKER submitted an amend- proval from the Secretary to use an account- ment intended to be proposed by him to the ment intended to be proposed by him to the ability model, the Secretary may allow such bill S. 1619, supra; which was ordered to lie bill S. 1619, supra; which was ordered to lie State a period of not more than 2 years from on the table. on the table. the date of enactment of such Act to transi- SA 677. Mr. CORNYN submitted an amend- SA 700. Ms. SNOWE (for herself and Mr. tion to the use of the accountability model ment intended to be proposed by him to the COBURN) submitted an amendment intended described in this paragraph. bill S. 1619, supra; which was ordered to lie to be proposed by her to the bill S. 1619, ‘‘(13) DEFINITIONS.—In this subsection: on the table. supra; which was ordered to lie on the table. ‘‘(A) COLLEGE AND CAREER READY.—The SA 678. Mr. PAUL (for himself, Mr. VITTER, SA 701. Mr. ROBERTS submitted an term ‘college and career ready’ when used Mr. DEMINT, and Mr. LEE) submitted an amendment intended to be proposed by him with respect to a student means that the stu- amendment intended to be proposed by him to the bill S. 1619, supra; which was ordered dent meets the requirements necessary to be to the bill S. 1619, supra; which was ordered to lie on the table. admitted into credit-bearing, nonremedial, to lie on the table. SA 702. Mr. ROBERTS submitted an entry level coursework at a State public in- SA 679. Mr. HATCH submitted an amend- amendment intended to be proposed by him stitution of higher education. ment intended to be proposed by him to the to the bill S. 1619, supra; which was ordered ‘‘(B) COLLEGE AND CAREER READY ACADEMIC bill S. 1619, supra; which was ordered to lie to lie on the table. CONTENT STANDARDS.—The term ‘college and on the table. SA 703. Mr. BROWN, of Massachusetts sub- career ready academic content standards’ SA 680. Mr. HATCH (for himself and Mr. mitted an amendment intended to be pro- means challenging academic content stand- BLUNT) submitted an amendment intended to posed by him to the bill S. 1619, supra; which ards (as required under paragraph (1)) that be proposed by him to the bill S. 1619, supra; was ordered to lie on the table. are— which was ordered to lie on the table. SA 704. Ms. STABENOW (for herself and SA 681. Mr. HATCH submitted an amend- ‘‘(i) developed based on evidence that mas- Mr. GRAHAM) submitted an amendment in- ment intended to be proposed by him to the tery of such standards corresponds to being tended to be proposed by her to the bill S. bill S. 1619, supra; which was ordered to lie college and career ready without the need for 1619, supra; which was ordered to lie on the on the table. remediation; and table. SA 682. Mr. HATCH submitted an amend- ‘‘(ii)(I) common to a significant number of SA 705. Mr. UDALL, of Colorado submitted ment intended to be proposed by him to the States; or an amendment intended to be proposed by bill S. 1619, supra; which was ordered to lie ‘‘(II) approved by a system of public 4-year him to the bill S. 1619, supra; which was or- on the table. institutions of higher education in the State, dered to lie on the table. SA 683. Mr. HATCH submitted an amend- SA 706. Mr. BROWN, of Massachusetts sub- such that mastery of such standards leads to ment intended to be proposed by him to the placement into credit-bearing, nonremedial, mitted an amendment intended to be pro- bill S. 1619, supra; which was ordered to lie posed by him to the bill S. 1619, supra; which first-year coursework for a student admitted on the table. to an institution of higher education that is was ordered to lie on the table. SA 684. Mr. HATCH submitted an amend- SA 707. Mr. BROWN, of Massachusetts sub- part of such system. ment intended to be proposed by him to the ‘‘(C) COLLEGE AND CAREER READY ASSESS- mitted an amendment intended to be pro- bill S. 1619, supra; which was ordered to lie posed by him to the bill S. 1619, supra; which MENTS.—The term ‘college and career ready on the table. assessments’ means an assessment for math- was ordered to lie on the table. SA 685. Mr. CRAPO (for himself, Mr. SA 708. Mr. BROWN, of Massachusetts sub- ematics and an assessment for reading or OHANNS, Mr. SHELBY, Mr. VITTER, Mr. J mitted an amendment intended to be pro- language arts that— TOOMEY, Mr. MORAN, and Mr. KIRK) sub- posed by him to the bill S. 1619, supra; which ‘‘(i) measures the annual academic growth mitted an amendment intended to be pro- was ordered to lie on the table. of individual students; posed by him to the bill S. 1619, supra; which ‘‘(ii) is aligned with the college and career SA 709. Mr. BROWN, of Massachusetts sub- was ordered to lie on the table. mitted an amendment intended to be pro- ready academic content standards described SA 686. Mr. DEMINT submitted an amend- posed by him to the bill S. 1619, supra; which in this paragraph; and ment intended to be proposed by him to the was ordered to lie on the table. ‘‘(iii) meets the requirements under para- bill S. 1619, supra; which was ordered to lie SA 710. Mr. BROWN, of Massachusetts sub- graph (3). on the table. mitted an amendment intended to be pro- ‘‘(D) ON TRACK TO BEING COLLEGE AND CA- SA 687. Mr. DEMINT submitted an amend- posed by him to the bill S. 1619, supra; which REER READY.—The term ‘on track to being ment intended to be proposed by him to the was ordered to lie on the table. college and career ready’ in a subject means bill S. 1619, supra; which was ordered to lie SA 711. Mr. BROWN, of Massachusetts sub- that a student is performing at or above on the table. mitted an amendment intended to be pro- grade level, such that the student will be col- SA 688. Mr. DEMINT submitted an amend- posed by him to the bill S. 1619, supra; which lege and career ready in the subject before ment intended to be proposed by him to the was ordered to lie on the table. graduation from secondary school, as meas- bill S. 1619, supra; which was ordered to lie SA 712. Mr. SHELBY (for himself, Mr. ured by the State assessment system.’’. on the table. CRAPO, Mr. CORKER, Mr. DEMINT, Mr. VITTER, f SA 689. Mr. DEMINT submitted an amend- ment intended to be proposed by him to the Mr. JOHANNS, Mr. TOOMEY, Mr. KIRK, Mr. AMENDMENTS SUBMITTED AND bill S. 1619, supra; which was ordered to lie MORAN, and Mr. WICKER) submitted an PROPOSED on the table. amendment intended to be proposed by him SA 690. Mr. DEMINT submitted an amend- to the bill S. 1619, supra; which was ordered SA 670. Mr. COBURN submitted an amend- ment intended to be proposed by him to the to lie on the table. ment intended to be proposed by him to the bill S. 1619, supra; which was ordered to lie SA 713. Mr. WHITEHOUSE submitted an bill S. 1619, to provide for identification of on the table. amendment intended to be proposed by him misaligned currency, require action to cor- SA 691. Mr. LEE submitted an amendment to the bill S. 1619, supra; which was ordered rect the misalignment, and for other pur- intended to be proposed by him to the bill S. to lie on the table. poses; which was ordered to lie on the table. 1619, supra; which was ordered to lie on the SA 714. Mr. WYDEN (for himself and Mr. SA 671. Mr. BARRASSO submitted an table. CRAPO) submitted an amendment intended to amendment intended to be proposed by him SA 692. Mr. JOHANNS submitted an be proposed by him to the bill S. 1619, supra; to the bill S. 1619, supra; which was ordered amendment intended to be proposed by him which was ordered to lie on the table. to lie on the table. to the bill S. 1619, supra; which was ordered SA 715. Mr. WYDEN (for himself, Ms. SA 672. Mr. BARRASSO (for himself, Mr. to lie on the table. SNOWE, Mr. SCHUMER, Mr. PORTMAN, Mr. MANCHIN, and Mr. BLUNT) submitted an SA 693. Mr. WEBB submitted an amend- BLUNT, and Mrs. MCCASKILL) submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 1619, supra; which was ordered bill S. 1619, supra; which was ordered to lie to the bill S. 1619, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 673. Ms. MURKOWSKI (for herself and SA 694. Mr. REID proposed an amendment SA 716. Mr. HATCH submitted an amend- Mr. HELLER) submitted an amendment in- to the bill S. 1619, supra. ment intended to be proposed by him to the tended to be proposed by her to the bill S. SA 695. Mr. REID proposed an amendment bill S. 1619, supra; which was ordered to lie 1619, supra; which was ordered to lie on the to amendment SA 694 proposed by Mr. REID on the table. table. to the bill S. 1619, supra. SA 717. Ms. COLLINS submitted an amend- SA 674. Mr. HELLER (for himself and Mr. SA 696. Mr. REID proposed an amendment ment intended to be proposed by her to the VITTER) submitted an amendment intended to the bill S. 1619, supra. bill S. 1619, supra; which was ordered to lie to be proposed by him to the bill S. 1619, SA 697. Mr. REID proposed an amendment on the table. supra; which was ordered to lie on the table. to amendment SA 696 proposed by Mr. REID SA 718. Mr. INHOFE submitted an amend- SA 675. Mr. MENENDEZ (for himself and to the bill S. 1619, supra. ment intended to be proposed by him to the Mr. CARDIN) submitted an amendment in- SA 698. Mr. REID proposed an amendment bill S. 1619, supra; which was ordered to lie tended to be proposed by him to the bill S. to amendment SA 697 proposed by Mr. REID on the table. 1619, supra; which was ordered to lie on the to the amendment SA 696 proposed by Mr. SA 719. Mr. THUNE submitted an amend- table. REID to the bill S. 1619, supra. ment intended to be proposed by him to the

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.029 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6096 CONGRESSIONAL RECORD — SENATE October 4, 2011 bill S. 1619, supra; which was ordered to lie Representatives not later than 15 days after statement, the responsible Federal official on the table. exercising a waiver under this paragraph. shall consult with and obtain the comments SA 720. Mr. ROBERTS (for himself and Mr. of any Federal agency which has jurisdiction JOHANNS) submitted an amendment intended SA 671. Mr. BARRASSO submitted an by law or special expertise with respect to to be proposed by him to the bill S. 1619, amendment intended to be proposed by any jobs or job opportunities impacts in- supra; which was ordered to lie on the table. him to the bill S. 1619, to provide for volved. Copies of such statement and the SA 721. Mr. RUBIO submitted an amend- identification of misaligned currency, comments and views of the appropriate Fed- ment intended to be proposed by him to the require action to correct the misalign- eral, State, and local agencies that are au- bill S. 1619, supra; which was ordered to lie ment, and for other purposes; which thorized to develop and enforce policies and on the table. was ordered to lie on the table; as fol- programs relevant to jobs and job opportuni- f lows: ties, shall be made available to the Council of Economic Advisors and to the public as TEXT OF AMENDMENTS At the appropriate place, insert the fol- provided by section 552 of title 5, United lowing: Mr. COBURN submitted an States Code, and shall accompany the pro- SA 670. SEC. lll. ASSESSMENTS OF EMPLOYMENT IM- amendment intended to be proposed by posal through the existing agency review PACT. process. him to the bill S. 1619, to provide for (a) SHORT TITLE.—This section may be (C) CUMULATIVE IMPACT OF PROPOSED AC- cited as the ‘‘Employment Impact Act of identification of misaligned currency, TIONS.—In determining the impact of a pro- 2011’’. require action to correct the misalign- posed action on jobs and job opportunities, ment, and for other purposes; which (b) PURPOSE.—The purposes of this section are the following: the responsible Federal official shall take was ordered to lie on the table; as fol- (1) To declare that the impact of Federal into account the cumulative impact on jobs lows: regulations on jobs and job prospects in the and job opportunities of concurrently pend- On page 33, after line 5, add the following: United States is a significant and relevant ing proposals affecting a particular industry consideration to all Federal regulatory pol- or sector of the economy, and shall not make SEC. 16. PROHIBITION ON FOREIGN AID TO a finding of no significant impact solely on COUNTRIES HOLDING MORE THAN icy actions and henceforth should be taken $10,000,000,000 IN UNITED STATES into account by Federal regulators when the basis of examining the impacts of a sin- DEBT. they decide to take actions under their re- gle proposal in isolation from other pending (a) PROHIBITION ON FUNDING.—Except as spective statutory authorities. proposals. provided in subsection (c), no funds may be (2) To express the concern of Congress that (D) COMBINING ENVIRONMENTAL AND JOB IM- appropriated or otherwise made available to Federal regulators consider the cumulative PACT STATEMENTS.—A jobs impact statement provide assistance to the people or govern- impact of multiple proposed Federal regula- required under this section may be combined ment of a country that is listed by the tions on jobs and jobs prospects in the with a detailed statement of environmental United States Treasury as owning more than United States and that the cumulative im- impacts required to be prepared under the $10,000,000,000 in United States debt. This pact of such regulations should be given all National Environmental Policy Act of 1969 prohibition includes both direct bilateral as- due consideration and weighed in the balance (42 U.S.C. 4321 et seq.), if both statements are sistance and assistance provided by the with the other purposes sought to be required with respect to the same proposed United States Agency for International De- achieved by such regulatory measures. action. velopment to nongovernmental organiza- (c) DUTY TO ASSESS THE IMPACT OF FED- (d) CONFORMITY OF ADMINISTRATIVE PROCE- tions and multilateral organizations, includ- ERAL ACTION ON JOBS AND JOB OPPORTUNI- DURES.—All agencies of the Federal Govern- ing the United Nations and affiliated organi- TIES.— ment shall review their present statutory zations, for programs designed to assist the (1) IN GENERAL.—The Congress authorizes authority, administrative regulations, and residents of any country that owns more and directs, to the fullest extent possible, current policies and procedures for the pur- than $10,000,000,000 in United States debt. that all agencies of the Federal Government pose of determining whether there are any (b) RESCISSION OF FISCAL YEAR 2012 shall— deficiencies or inconsistencies therein which FUNDS.—Any funds appropriated or other- (A) utilize a systematic, interdisciplinary prohibit full compliance with the purposes wise made available for fiscal year 2012 for approach which shall insure the integrated and provisions of this section, and shall pro- assistance prohibited under subsection (a) use of the relevant fields of research and pose to the President not later than one year and available for obligation as of the date of learning in planning and decisionmaking after enactment of this Act, such measures the enactment of this Act are hereby re- which may have an impact on jobs and job as may be necessary to bring their authority scinded. opportunities; and policies into conformity with the intent, (c) EXCEPTIONS.— (B) identify and develop methods and pro- purposes, and procedures set forth in this (1) EXEMPTED ASSISTANCE.—The prohibition cedures, in consultation with the Council on section. under subsection (a) does not apply to— Economic Advisors, Office of the President, (e) NO JUDICIAL REVIEW OF JOBS IMPACT (A) Foreign Military Financing assistance; which will insure that presently STATEMENTS.—Implementation of this sec- (B) assistance for programs to strengthen unquantified impacts on job and job opportu- tion, including a jobs impact statement pre- the rule of law and good governance; and nities may be given appropriate consider- pared in accordance with this section, shall (C) assistance for programs to promote re- ation in decisionmaking along with environ- not be subject to judicial review. ligious liberty and freedom. mental and other considerations; and (2) PRESIDENTIAL WAIVER.— (C) include in every recommendation or re- SA 672. Mr. BARRASSO (for himself, (A) IN GENERAL.—The President may waive port on proposals for legislation and other Mr. MANCHIN, and Mr. BLUNT) sub- the prohibition on assistance under sub- major Federal actions with potentially sig- mitted an amendment intended to be section (a) if the President determines that nificant effects on jobs and job opportuni- proposed by him to the bill S. 1619, to providing such assistance is necessary to re- ties, a jobs impact statement as described in provide for identification of misaligned spond to an emergency requirement. paragraph (2). currency, require action to correct the (B) EMERGENCY REQUIREMENT DEFINED.— (2) JOBS IMPACT STATEMENT.— misalignment, and for other purposes; (i) DEFINITION.—For purposes of this para- (A) CONTENTS.—A jobs impact statement graph, an emergency requirement is— required under paragraph (1) shall include a which was ordered to lie on the table; (I) necessary, essential, or vital (not mere- detailed statement by the responsible offi- as follows: ly useful or beneficial); cial on— At the end, add the following: (II) sudden, quickly coming into being, and (i) the impact of the proposed action on TITLE XX—STANDARDS FOR CEMENT not building up over time; jobs and job opportunities, including an as- MANUFACTURING (III) an urgent, pressing, and compelling sessment of the jobs that would be lost, need requiring immediate action; gained, or sent overseas as a result of the SEC. ll01. SHORT TITLE. (IV) subject to clause (ii), unforeseen, un- proposed action; This title may be cited as the ‘‘Cement predictable, and unanticipated; and (ii) any adverse effect on jobs and job op- Sector Regulatory Relief Act of 2011’’. (V) not permanent in nature. portunities which could not be avoided SEC. ll02. LEGISLATIVE STAY. (ii) MEANING OF UNFORESEEN.—For purposes should the proposal be implemented; (a) ESTABLISHMENT OF STANDARDS.—In lieu of this subparagraph, an emergency that is (iii) alternatives and modifications to the of the rules specified in subsection (b), and part of an aggregate level of anticipated proposed action that could avoid negative notwithstanding the date by which those emergencies, particularly when normally es- impacts on jobs and job opportunities; and rules would otherwise be required to be pro- timated in advance, is not unforeseen. (iv) the relationship between any local mulgated, the Administrator of the Environ- (C) CONGRESSIONAL NOTIFICATION.—The short-term impacts on jobs and job opportu- mental Protection Agency (referred to in President shall notify the Committee on nities and the maintenance and enhance- this title as the ‘‘Administrator’’) shall— Foreign Relations and the Committee on Ap- ments of long-term productivity and envi- (1) propose regulations for the Portland ce- propriations of the Senate and the Com- ronmental values. ment manufacturing industry and Portland mittee on Foreign Affairs and the Com- (B) CONSULTATION WITH RELEVANT FEDERAL cement plants that are subject to any of the mittee on Appropriations of the House of AGENCIES.—Prior to preparing a jobs impact rules specified in subsection (b) that—

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.024 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6097 (A) establish maximum achievable control ant to section l02(a)(1) establishing an emis- was ordered to lie on the table; as fol- technology standards, performance stand- sion standard under section 112 or 129 of the lows: ards, and other requirements under sections Clean Air Act (42 U.S.C. 7412, 7429) shall be At the end, add the following: 112 and 129, as applicable, of the Clean Air treated as the date on which the Adminis- Act (42 U.S.C. 7412, 7429); and trator first proposes such a regulation for TITLE l—CRITICAL MINERALS (B) identify nonhazardous secondary mate- purposes of applying— SEC. ll01. SHORT TITLE. rials that, when used as fuels in combustion (1) the definition of the term ‘‘new source’’ This title may be cited as the ‘‘Critical units of that industry and those plants, qual- under section 112(a)(4) of that Act (42 U.S.C. Minerals Policy Act of 2011’’. ify as solid waste under the Solid Waste Dis- 7412(a)(4)); or SEC. ll02. DEFINITIONS. posal Act (42 U.S.C. 6901 et seq.) for purposes (2) the definition of the term ‘‘new solid In this title: of determining the extent to which the com- waste incineration unit’’ under section (1) APPLICABLE COMMITTEES.—The term bustion units are required to meet the emis- 129(g)(2) of that Act (42 U.S.C. 7429(g)(2)). ‘‘applicable committees’’ means— sion standards under section 112 or 129 of the (c) RULE OF CONSTRUCTION.—Nothing in (A) the Committee on Energy and Natural Clean Air Act (42 U.S.C. 7412, 7429); and this title restricts or otherwise affects para- Resources of the Senate; graphs (3)(B) and (4) of section 112(i) of the (2) promulgate final versions of those regu- (B) the Committee on Natural Resources of Clean Air Act (42 U.S.C. 7412(i)). lations by not later than— the House of Representatives; (A) the date that is 15 months after the SEC. ll04. ENERGY RECOVERY AND CONSERVA- (C) the Committee on Energy and Com- date of enactment of this Act; or TION. merce of the House of Representatives; and (B) such later date as may be determined Notwithstanding any other provision of (D) the Committee on Science, Space, and by the Administrator. law, and to ensure the recovery and con- Technology of the House of Representatives. (b) STAY OF EARLIER RULES.— servation of energy consistent with the Solid (2) CLEAN ENERGY TECHNOLOGY.—The term (1) PORTLAND-SPECIFIC RULES.—The final Waste Disposal Act (42 U.S.C. 6901 et seq.), in ‘‘clean energy technology’’ means a tech- rule entitled ‘‘National Emission Standards promulgating regulations under section nology related to the production, use, trans- for Hazardous Air Pollutants from the Port- l02(a) addressing the subject matter of the mission, storage, control, or conservation of land Cement Manufacturing Industry and rules specified in section l02(b)(2), the Ad- energy that— Standards of Performance for Portland Ce- ministrator shall— (A) reduces the need for additional energy ment Plants’’ (75 Fed. Reg. 54970 (September (1) adopt the definitions of the terms supplies by using existing energy supplies 9, 2010)) shall be— ‘‘commercial and industrial solid waste in- with greater efficiency or by transmitting, (A) of no force or effect; cineration unit’’, ‘‘commercial and indus- distributing, storing, or transporting energy (B) treated as though the rule had never trial waste’’, and ‘‘contained gaseous mate- with greater effectiveness in or through the taken effect; and rial’’ in the rule entitled ‘‘Standards for Per- infrastructure of the United States; (C) replaced in accordance with subsection formance of New Stationary Sources and (B) diversifies the sources of energy supply (a). Emission Guidelines for Existing Sources: of the United States to strengthen energy se- (2) OTHER RULES.— Commercial and Industrial Solid Waste In- curity and to increase supplies with a favor- (A) IN GENERAL.—The final rules described cineration Units’’ (65 Fed. Reg. 75338 (Decem- able balance of environmental effects if the in subparagraph (B), to the extent that those ber 1, 2000)); and entire technology system is considered; or rules apply to the Portland cement manufac- (2) identify nonhazardous secondary mate- (C) contributes to a stabilization of atmos- turing industry and Portland cement plants, rial to be solid waste (as defined in section pheric greenhouse gas concentrations shall be— 1004 of the Solid Waste Disposal Act (42 through reduction, avoidance, or sequestra- (i) of no force or effect; U.S.C. 6903) only if— tion of energy-related greenhouse gas emis- (ii) treated as though the rules had never (A) the material meets that definition of sions. taken effect; and commercial and industrial waste; or (3) CRITICAL MINERAL.— (iii) replaced in accordance with subsection (B) if the material is a gas, the material (A) IN GENERAL.—The term ‘‘critical min- (a). meets that definition of contained gaseous eral’’ means any mineral designated as a (B) DESCRIPTION OF RULES.—The final rules material. critical mineral pursuant to section l11. described in this subparagraph are— SEC. ll05. OTHER PROVISIONS. (B) EXCLUSIONS.—The term ‘‘critical min- (i) the final rule entitled ‘‘Standards of (a) ESTABLISHMENT OF STANDARDS ACHIEV- eral’’ does not include coal, oil, natural gas, Performance for New Stationary Sources and ABLE IN PRACTICE.—In promulgating regula- or any other fossil fuels. Emission Guidelines for Existing Sources: tions under section l02(a), the Adminis- (4) CRITICAL MINERAL MANUFACTURING.—The Commercial and Industrial Solid Waste In- trator shall ensure, to the maximum extent term ‘‘critical mineral manufacturing’’ cineration Units’’ (76 Fed. Reg. 15704 (March practicable, that emission standards for ex- means— 21, 2011)); and isting and new sources established under sec- (A) the production, processing, refining, (ii) the final rule entitled ‘‘Identification tion 112 or 129 of the Clean Air Act (42 U.S.C. alloying, separation, concentration, mag- of Non-Hazardous Secondary Materials That 7412, 7429), as applicable, can be met under netic sintering, melting, or beneficiation of Are Solid Waste’’ (76 Fed. Reg. 15456 (March actual operating conditions consistently and critical minerals within the United States; 21, 2011)). concurrently with emission standards for all (B) the fabrication, assembly, or produc- SEC. ll03. COMPLIANCE DATES. other air pollutants covered by regulations tion, within the United States, of clean en- (a) ESTABLISHMENT OF COMPLIANCE applicable to the source category, taking ergy technologies (including technologies re- DATES.—For each regulation promulgated into account— lated to wind, solar, and geothermal energy, pursuant to section l02(a), the Adminis- (1) variability in actual source perform- efficient lighting, electrical superconducting trator— ance; materials, permanent magnet motors, bat- (1) shall establish a date for compliance (2) source design; teries, and other energy storage devices), with standards and requirements under the (3) fuels; military equipment, and consumer elec- regulation that is, notwithstanding any (4) inputs; tronics, or components necessary for applica- other provision of law, not earlier than 5 (5) controls; tions; or years after the effective date of the regula- (6) ability to measure the pollutant emis- (C) any other value-added, manufacturing- tion; and sions; and related use of critical minerals undertaken (2) in proposing a date for that compliance, (7) operating conditions. within the United States. shall take into consideration— (b) REGULATORY ALTERNATIVES.—For each (A) the costs of achieving emission reduc- regulation promulgated under section (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ tions; l02(a), from among the range of regulatory has the meaning given the term in section 4 (B) any non-air quality health and environ- alternatives authorized under the Clean Air of the Indian Self-Determination and Edu- mental impact and energy requirements of Act (42 U.S.C. 7401 et seq.), including work cation Assistance Act (25 U.S.C. 450b). the standards and requirements; practice standards under section 112(h) of (6) MILITARY EQUIPMENT.—The term ‘‘mili- (C) the feasibility of implementing the that Act (42 U.S.C. 7412(h)), the Adminis- tary equipment’’ means equipment used di- standards and requirements, including the trator shall impose the least burdensome, rectly by the armed forces to carry out mili- time necessary— consistent with the purposes of that Act and tary operations. (i) to obtain necessary permit approvals; Executive Order 13563 (76 Fed. Reg. 3821 (Jan- (7) RARE EARTH ELEMENT.— and uary 21, 2011)). (A) IN GENERAL.—The term ‘‘rare earth ele- (ii) to procure, install, and test control ment’’ means the chemical elements in the equipment; SA 673. Ms. MURKOWSKI (for herself periodic table from lanthanum (atomic num- (D) the availability of equipment, sup- and Mr. HELLER) submitted an amend- ber 57) up to and including lutetium (atomic pliers, and labor, given the requirements of ment intended to be proposed by him number 71). (B) INCLUSIONS.—The term ‘‘rare earth ele- the regulation and other proposed or final- to the bill S. 1619, to provide for identi- ized regulations of the Administrator; and ment’’ includes the similar chemical ele- (E) potential net employment impacts. fication of misaligned currency, re- ments yttrium (atomic number 39) and scan- (b) NEW SOURCES.—The date on which the quire action to correct the misalign- dium (atomic number 21). Administrator proposes a regulation pursu- ment, and for other purposes; which (8) SECRETARY.—

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(A) SUBTITLE A.—In subtitle A, the term subsection (e), or any update to the list eral resources on Federal land that is open ‘‘Secretary’’ means the Secretary of the In- under subsection (f), the Secretary shall sub- to location and entry for exploration, devel- terior— mit to the applicable committees written no- opment, and other uses. (i) acting through the Director of the tice of the action. (b) FIELD WORK.—If existing information United States Geological Survey; and SEC. ll12. POLICY. and datasets prove insufficient to complete (ii) in consultation with (as appropriate)— (a) POLICY.—It is the policy of the United the assessment under this section and there (I) the Secretary of Energy; States to promote an adequate, reliable, do- is no reasonable opportunity to obtain the (II) the Secretary of Defense; mestic, and stable supply of critical min- information and datasets from nongovern- (III) the Secretary of Commerce; erals, produced in an environmentally re- mental entities, the Secretary may carry out (IV) the Secretary of State; sponsible manner, in order to strengthen and field work (including drilling, remote sens- (V) the Secretary of Agriculture; sustain the economic security, and the man- ing, geophysical surveys, geological map- (VI) the United States Trade Representa- ufacturing, industrial, energy, technological, ping, and geochemical sampling and anal- tive; and and competitive stature, of the United ysis) to supplement existing information and (VII) the heads of other applicable Federal States. datasets available for determining the exist- agencies. (b) COORDINATION.—The President, acting ence of critical minerals on— (B) SUBTITLE B.—In subtitle B, the term through the Executive Office of the Presi- (1) Federal land that is open to location ‘‘Secretary’’ means the Secretary of Energy. dent, shall coordinate the actions of Federal and entry for exploration, development, and (9) STATE.—The term ‘‘State’’ means— agencies under this and other Acts— other uses; (A) a State; (1) to encourage Federal agencies to facili- (2) Indian tribe land, at the request and (B) the Commonwealth of Puerto Rico; and tate the availability, development, and envi- with the written permission of the Indian (C) any other territory or possession of the ronmentally responsible production of do- tribe; and United States. mestic resources to meet national critical (3) State land, at the request and with the (10) VALUE-ADDED.—The term ‘‘value- minerals needs; written permission of the Governor of a added’’ means, with respect to an activity, (2) to minimize duplication, needless pa- State. ECHNICAL ASSISTANCE.—At the request an activity that changes the form, fit, or perwork, and delays in the administration of (c) T of the Governor of a State or an Indian tribe, function of a product, service, raw material, applicable laws (including regulations) and the Secretary may provide technical assist- or physical good such that the resultant the issuance of permits and authorizations ance to State governments and Indian tribes market price is greater than the cost of necessary to explore for, develop, and conducting critical mineral resource assess- making the changes. produce critical minerals and construct and ments on non-Federal land. (11) WORKING GROUP.—The term ‘‘Working operate critical mineral manufacturing fa- (d) FINANCIAL ASSISTANCE.—The Secretary Group’’ means the Critical Minerals Working cilities in an environmentally responsible may make grants to State governments, or Group established under section l14(a). manner; Indian tribes and economic development en- Subtitle A—Designations and Policies (3) to promote the development of eco- tities of Indian tribes, to cover the costs as- SEC. ll11. DESIGNATIONS. nomically stable and environmentally re- sociated with assessments of critical mineral sponsible domestic critical mineral produc- (a) DRAFT METHODOLOGY.—Not later than resources on State or Indian tribe land. 30 days after the date of enactment of this tion and manufacturing; (e) REPORT.—Not later than 4 years after Act, the Secretary shall publish in the Fed- (4) to establish an analytical and fore- the date of enactment of this Act, the Sec- eral Register for public comment a draft casting capability for identifying critical retary shall submit to the applicable com- methodology for determining which minerals mineral demand, supply, and other market mittees a report describing the results of the qualify as critical minerals based on an as- dynamics relevant to policy formulation assessment conducted under this section. sessment of whether the minerals are— such that informed actions can be taken to (f) PRIORITIZATION.— (1) subject to potential supply restrictions avoid supply shortages, mitigate price vola- (1) IN GENERAL.—The Secretary may se- (including restrictions associated with for- tility, and prepare for demand growth and quence the completion of resource assess- eign political risk, abrupt demand growth, other market shifts; ments for each critical mineral such that military conflict, and anti-competitive or (5) to strengthen educational and research critical materials considered to be most crit- protectionist behaviors); and capabilities and workforce training; ical under the methodology established pur- (2) important in use (including clean en- (6) to bolster international cooperation suant to section l11 are completed first. ergy technology-, defense-, agriculture-, and through technology transfer, information (2) REPORTING.—If the Secretary sequences health care-related applications). sharing, and other means; the completion of resource assessments for (b) AVAILABILITY OF DATA.—If available (7) to promote the efficient production, each critical material, the Secretary shall data is insufficient to provide a quantitative use, and recycling of critical minerals; submit a report under subsection (e) on an basis for the methodology developed under (8) to develop alternatives to critical min- iterative basis over the 4-year period begin- this section, qualitative evidence may be erals; and ning on the date of enactment of this Act. used. (9) to establish contingencies for the pro- (g) UPDATES.—The Secretary shall periodi- (c) FINAL METHODOLOGY.—After reviewing duction of, or access to, critical minerals for cally update the assessment conducted under public comments on the draft methodology which viable sources do not exist within the this section based on— under subsection (a) and updating that draft United States. (1) the generation of new information or methodology as appropriate, the Secretary SEC. ll13. RESOURCE ASSESSMENT. datasets by the Federal government; or shall enter into an arrangement with the Na- (a) IN GENERAL.—Not later than 4 years (2) the receipt of new information or tional Academy of Sciences and the National after the date of enactment of this Act, in datasets from critical mineral producers, Academy of Engineering to obtain, not later consultation with applicable State (includ- State geological surveys, academic institu- than 120 days after the date of enactment of ing geological surveys), local, academic, in- tions, trade associations, or other entities or this Act— dustry, and other entities, the Secretary individuals. (1) a review of the methodology; and shall complete a comprehensive national as- SEC. ll14. PERMITTING. (2) recommendations for improving the sessment of each critical mineral that— (a) CRITICAL MINERALS WORKING GROUP.— methodology. (1) identifies and quantifies known critical (1) IN GENERAL.—There is established with- (d) FINAL METHODOLOGY.—After reviewing mineral resources, using all available public in the Department of the Interior a working the recommendations under subsection (c), and private information and datasets, in- group to be known as the ‘‘Critical Minerals not later than 150 days after the date of en- cluding exploration histories; Working Group’’, which shall report to the actment of this Act, the Secretary shall pub- (2) estimates the cost of production of the President and Congress through the Sec- lish in the Federal Register a description of critical mineral resources identified and retary. the final methodology for determining which quantified under this section, using all avail- (2) COMPOSITION.—The Working Group shall minerals qualify as critical minerals. able public and private information and be composed of the following: (e) DESIGNATIONS.—Not later than 180 days datasets, including exploration histories; (A) The Secretary of the Interior (or a des- after the date of enactment of this Act, the (3) provides a quantitative and qualitative ignee), who shall serve as chair of the Work- Secretary shall publish in the Federal Reg- assessment of undiscovered critical mineral ing Group. ister a list of minerals designated as critical, resources throughout the United States, in- (B) A Presidential designee from the Exec- pursuant to the final methodology under cluding probability estimates of tonnage and utive Office of the President, who shall serve subsection (d), for purposes of carrying out grade, using all available public and private as vice-chair of the Working Group. this title. information and datasets, including explo- (C) The Secretary of Energy (or a des- (f) SUBSEQUENT REVIEW.—The methodology ration histories; ignee). and designations developed under sub- (4) provides qualitative information on the (D) The Secretary of Agriculture (or a des- sections (d) and (e) shall be updated at least environmental attributes of the critical min- ignee). every 5 years, or in more regular intervals if eral resources identified under this section; (E) The Secretary of Defense (or a des- considered appropriate by the Secretary. and ignee). (g) NOTICE.—On finalization of the method- (5) pays particular attention to the identi- (F) The Secretary of Commerce (or a des- ology under subsection (d), the list under fication and quantification of critical min- ignee).

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(1) critical minerals exploration; comments received pursuant to subsection (c) STATE ASSISTANCE.—The President may (2) critical minerals permitting; (e), the Working Group shall publish in the provide technical, legal, or other assistance (3) critical minerals production; and Federal Register a description of the final to State governments to facilitate State re- (4) critical minerals manufacturing. performance metric. view of applications to build new critical (c) DUTIES.—The Working Group shall— (g) ANNUAL REPORT.—Not later than 2 mineral manufacturing facilities. (1) facilitate Federal agency efforts to op- years after the date of enactment of this SEC. ll16. RECYCLING AND ALTERNATIVES. timize efficiencies associated with the per- Act, using the performance metric under (a) ESTABLISHMENT.—The Secretary of En- mitting of activities that will increase explo- subsection (f), and annually thereafter, the ergy shall conduct a program of research and ration and development of domestic, critical Working Group shall submit to the applica- development to promote the efficient pro- minerals, while maintaining environmental ble committees, as part of the budget request duction, use, and recycling of, and alter- standards; of the Department of the Interior for each natives to, critical minerals. (2) facilitate Federal agency review of laws fiscal year, each report that— (b) COOPERATION.—In carrying out the pro- (including regulations) and policies that dis- (1) describes the progress made by the ex- gram, the Secretary of Energy shall cooper- courage investment in exploration and devel- ecutive branch of the Federal Government ate with appropriate— opment of domestic, critical minerals; on matters within the control of that branch (1) Federal agencies and National Labora- (3) assess whether Federal policies ad- towards optimizing efficiencies, while main- tories; versely impact the global competitiveness of taining environmental standards, associated (2) critical mineral producers; the domestic, critical minerals exploration with the permitting of activities that will in- (3) critical mineral manufacturers; and development sector (including taxes, crease exploration and development of do- (4) trade associations; fees, regulatory burdens, and access restric- mestic, critical minerals; and (5) academic institutions; tions); (2) compares the United States to other (6) small businesses; and (4) evaluate the sufficiency of existing countries in terms of permitting efficiency, (7) other relevant entities or individuals. (c) ACTIVITIES.—Under the program, the mechanisms for the provision of tenure on environmental standards, and other criteria Secretary shall carry out activities that in- Federal land and the role of the mechanisms relevant to a globally competitive economic clude the identification and development in attracting capital investment for the ex- sector. of— ploration and development of domestic, crit- (h) REPORT OF SMALL BUSINESS ADMINIS- (1) advanced critical mineral production or ical minerals; and TRATION.—Not later than 300 days after the processing technologies that decrease the en- (5) generate such other information and date of enactment of this Act, the Adminis- vironmental impact, and costs of production, take such other actions as the Working trator of the Small Business Administration of such activities; Group considers appropriate to achieve the shall submit to the applicable committees a (2) techniques and practices that minimize policy described in section l12(a). report that assesses the performance of Fed- or lead to more efficient use of critical min- (d) REPORT.—Not later than 300 days after eral agencies in— erals; the date of enactment of this Act, the Work- (1) complying with chapter 6 of title 5, ing Group shall submit to the applicable (3) techniques and practices that facilitate United States Code (commonly known as the committees a report that— the recycling of critical minerals, including ‘‘Regulatory Flexibility Act’’), in promul- (1) describes the results of actions taken options for improving the rates of collection gating regulations applicable to the critical under subsection (c); of post-consumer products containing crit- minerals industry; and (2) evaluates the amount of time typically ical minerals; (2) performing an analysis of regulations required (including range derived from min- (4) commercial markets, advanced storage applicable to the critical minerals industry imum and maximum durations, mean, me- methods, energy applications, and other ben- that may be outmoded, inefficient, duplica- dian, variance, and other statistical meas- eficial uses of critical minerals processing tive, or excessively burdensome. ures or representations) to complete each byproducts; and (i) JUDICIAL REVIEW.— step (including those aspects outside the (5) alternative minerals, metals, and mate- (1) IN GENERAL.—Nothing in this section af- control of the executive branch of the Fed- rials, particularly those available in abun- fects any judicial review of an agency action eral Government, such as judicial review, ap- dance within the United States and not sub- under any other provision of law. plicant decisions, or State and local govern- ject to potential supply restrictions, that (2) CONSTRUCTION.—This section— ment involvement) associated with the proc- lessen the need for critical minerals. (A) is intended to improve the internal essing of applications, operating plans, (d) REPORT.—Not later than 2 years after management of the Federal Government; and leases, licenses, permits, and other use au- the date of enactment of this Act and every (B) does not create any right or benefit, thorizations for critical mineral-related ac- 5 years thereafter, the Secretaries shall sub- substantive or procedural, enforceable at law tivities on Federal land, which shall serve as mit to the applicable committees a report or equity by a party against the United a baseline for the performance metric devel- summarizing the activities, findings, and States (including an agency, instrumen- oped and finalized under subsections (e) and progress of the program. tality, officer, or employee thereof) or any (f), respectively; SEC. ll17. ANALYSIS AND FORECASTING. other person. (3) identifies measures (including regu- (a) CAPABILITIES.—In order to evaluate ex- latory changes and legislative proposals) SEC. ll15. MANUFACTURING. isting critical mineral policies and inform that would optimize efficiencies, while main- (a) AGREEMENT.—At the request of the future actions that may be taken to avoid taining environmental standards, associated Governor of a State, the President (or a des- supply shortages, mitigate price volatility, with the permitting of activities that will in- ignee) may enter into a cooperative agree- and prepare for demand growth and other crease exploration and development of do- ment with the State for the processing of market shifts, the Secretary, in consultation mestic, critical minerals; and permits for critical mineral manufacturing with academic institutions, the Energy In- (4) identifies options (including cost recov- facilities (including those related to wind, formation Administration, and others in ery paid by applicants) for ensuring adequate solar, and geothermal energy, efficient light- order to maximize the application of existing staffing of divisions, field offices, or other ing, electrical superconducting materials, competencies related to developing and entities responsible for the consideration of permanent magnet motors, and batteries and maintaining computer-models and similar applications, operating plans, leases, li- other energy storage devices) under which analytical tools, shall conduct and publish censes, permits, and other use authorizations each party to the agreement identifies steps, the results of an annual report that in- for critical mineral-related activities on including timelines, that the party will take cludes— Federal land. to optimize efficiencies, while maintaining (1) as part of the annually published Min- (e) DRAFT PERFORMANCE METRIC.—Not environmental standards, associated with eral Commodity Summaries from the United later than 330 days after the date of enact- the environmental review and consideration States Geological Survey, a comprehensive ment of this Act, and upon completion of the of Federal and State permits for a new crit- review of critical mineral production, con- report required under subsection (d), the ical mineral manufacturing facility. sumption, and recycling patterns, includ- Working Group shall publish in the Federal (b) AUTHORITY UNDER AGREEMENT.—In car- ing— Register for public comment a draft descrip- rying out this section, the President may— (A) the quantity of each critical mineral tion of a performance metric for evaluating (1) accept from an applicant a consolidated domestically produced during the preceding the progress made by the executive branch of application for all permits required by the year;

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(B) the quantity of each critical mineral mation or data has been transformed into a (1) ESTABLISHMENT.—The Secretary and domestically consumed during the preceding statistical or aggregate form that does not the National Science Foundation shall joint- year; allow the identification of the person who ly conduct a competitive grant program (C) market price data for each critical supplied particular information; and under which institutions of higher education mineral; (3) procedures are established to require may apply for and receive 4-year grants for— (D) an assessment of— the withholding of any information or data (A) startup costs for newly designated fac- (i) critical mineral requirements to meet collected for the report if the Secretary de- ulty positions in integrated critical mineral the national security, energy, economic, in- termines that withholding is necessary to education, research, innovation, training, dustrial, technological, and other needs of protect proprietary information, including and workforce development programs con- the United States during the preceding year; any trade secrets or other confidential infor- sistent with subsection (b); (ii) the reliance of the United States on mation. (B) internships, scholarships, and fellow- foreign sources to meet those needs during SEC. ll18. EDUCATION AND WORKFORCE. ships for students enrolled in critical min- the preceding year; and (a) WORKFORCE ASSESSMENT.—Not later eral programs; and (iii) the implications of any supply short- than 300 days after the date of enactment of (C) equipment necessary for integrated ages, restrictions, or disruptions during the this Act, the Secretary of Labor (in con- critical mineral innovation, training, and preceding year; sultation with the Secretary of the Interior, workforce development programs. (E) the quantity of each critical mineral the Director of the National Science Founda- (2) RENEWAL.—A grant under this sub- domestically recycled during the preceding tion, and employers in the critical minerals section shall be renewable for up to 2 addi- year; sector) shall submit to Congress an assess- tional 3-year terms based on performance (F) the market penetration during the pre- ment of the domestic availability of tech- criteria outlined under subsection (b)(1)(D). ceding year of alternatives to each critical nically trained personnel necessary for crit- mineral; SEC. ll19. INTERNATIONAL COOPERATION. ical mineral assessment, production, manu- (G) a discussion of applicable international (a) ESTABLISHMENT.—The Secretary of facturing, recycling, analysis, forecasting, trends associated with the discovery, produc- State, in coordination with the Secretary, education, and research, including an anal- tion, consumption, use, costs of production, shall carry out a program to promote inter- ysis of— prices, and recycling of each critical mineral national cooperation on critical mineral sup- as well as the development of alternatives to (1) skills that are in the shortest supply as ply chain issues with allies of the United critical minerals; and of the date of the assessment; States. (2) skills that are projected to be in short (H) such other data, analyses, and evalua- (b) ACTIVITIES.—Under the program, the tions as the Secretary finds are necessary to supply in the future; (3) the demographics of the critical min- Secretary may work with allies of the achieve the purposes of this section; and United States— (2) a comprehensive forecast, entitled the erals industry and how the demographics will evolve under the influence of factors (1) to increase the global, responsible pro- ‘‘Annual Critical Minerals Outlook’’, of pro- duction of critical minerals, if a determina- jected critical mineral production, consump- such as an aging workforce; (4) the effectiveness of training and edu- tion is made by the Secretary that there is tion, and recycling patterns, including— no viable production capacity for the critical (A) the quantity of each critical mineral cation programs in addressing skills short- ages; minerals within the United States; projected to be domestically produced over (2) to improve the efficiency and environ- the subsequent 1-year, 5-year, and 10-year pe- (5) opportunities to hire locally for new and existing critical mineral activities; mental performance of extraction tech- riods; niques; (B) the quantity of each critical mineral (6) the sufficiency of personnel within rel- evant areas of the Federal Government for (3) to increase the recycling of, and deploy- projected to be domestically consumed over ment of alternatives to, critical minerals; the subsequent 1-year, 5-year, and 10-year pe- achieving the policy described in section l12(a); and (4) to assist in the development and trans- riods; fer of critical mineral extraction, processing, (C) market price projections for each crit- (7) the potential need for new training pro- grams to have a measurable effect on the and manufacturing technologies that would ical mineral, to the maximum extent prac- have a beneficial impact on world com- ticable and based on the best available infor- supply of trained workers in the critical modity markets and the environment; mation; minerals industry. (5) to strengthen and maintain intellectual (D) an assessment of— (b) CURRICULUM STUDY.— property protections; and (i) critical mineral requirements to meet (1) IN GENERAL.—The Secretary and the (6) to facilitate the collection of informa- projected national security, energy, eco- Secretary of Labor shall jointly enter into tion necessary for analyses and forecasts nomic, industrial, technological, and other an arrangement with the National Academy conducted pursuant to section l17. needs of the United States; of Sciences and the National Academy of En- (ii) the projected reliance of the United gineering under which the Academies shall Subtitle B—Mineral-specific Actions States on foreign sources to meet those coordinate with the National Science Foun- SEC. ll21. ADMINISTRATION. needs; and dation on conducting a study— (iii) the projected implications of potential (A) to design an interdisciplinary program Nothing in this subtitle or an amendment supply shortages, restrictions, or disrup- on critical minerals that will support the made by this subtitle affects the method- tions; critical mineral supply chain and improve ology or designations established under sec- (E) the quantity of each critical mineral the ability of the United States to increase tion l11. projected to be domestically recycled over domestic, critical mineral exploration, de- SEC. ll22. COBALT. the subsequent 1-year, 5-year, and 10-year pe- velopment, and manufacturing; (a) AUTHORIZATION.—The Secretary shall riods; (B) to address undergraduate and graduate education, especially to assist in the devel- support research programs that focus on (F) the market penetration of alternatives novel uses for cobalt (including energy tech- to each critical mineral projected to take opment of graduate level programs of re- search and instruction that lead to advanced nologies and super-alloys), including— place over the subsequent 1-year, 5-year, and (1) use in clean energy technologies (in- 10-year periods; degrees with an emphasis on the critical mineral supply chain or other positions that cluding, for purposes of this section, re- (G) a discussion of reasonably foreseeable chargeable batteries, catalysts, photovoltaic international trends associated with the dis- will increase domestic, critical mineral ex- ploration, development, and manufacturing; cells, permanent magnets, and fuel cells); covery, production, consumption, use, costs (2) use in alloys with military equipment, of production, prices, and recycling of each (C) to develop guidelines for proposals from institutions of higher education with sub- civil aviation, and electricity generation ap- critical mineral as well as the development plications; and of alternatives to critical minerals; and stantial capabilities in the required dis- ciplines to improve the critical mineral sup- (3) use as coal-to-gas and coal-to-liquid (H) such other projections relating to each catalysts. critical mineral as the Secretary determines ply chain and advance the capacity of the to be necessary to achieve the purposes of United States to increase domestic, critical (b) CATEGORIES.—Research under this sec- this section. mineral exploration, development, and man- tion shall be conducted in— (b) PROPRIETARY INFORMATION.—In pre- ufacturing; and (1) a fundamental category, including lab- paring a report described in subsection (a), (D) to outline criteria for evaluating per- oratory and literature research; and the Secretary shall ensure that— formance and recommendations for the (2) an applied category, including plant and (1) no person uses the information and data amount of funding that will be necessary to field research. collected for the report for a purpose other establish and carry out the grant program (c) REPORT.—Not later than 2 years after than the development of or reporting of ag- described in subsection (c). the date of enactment of this Act, the Sec- gregate data in a manner such that the iden- (2) REPORT.—Not later than 2 years after retary shall submit to the applicable com- tity of the person who supplied the informa- the date of enactment of this Act, the Sec- mittees a report describing— tion is not discernible and is not material to retary shall submit to Congress a description (1) the research programs carried out under the intended uses of the information; of the results of the study required under this section; (2) no person discloses any information or paragraph (1). (2) the findings of the programs; and data collected for the report unless the infor- (c) GRANT PROGRAM.— (3) future research efforts planned.

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(8) $1,000,000 for each of fiscal years 2012 (2) produce technologies that represent an (a) RESOURCES.—Not later than 1 year after through 2014 may be used to carry out sec- environmental improvement compared to the date of enactment of this Act, the Sec- tions l22, l23, l24, and l25 and the amend- conventional production processes; or retary of the Interior shall complete an up- ments made by those sections; and (3) produce technologies that attain a high- date of existing resource information for (9) $1,000,000 may be used to carry out sec- er efficiency level compared to conventional phosphate and rare earth elements. tion l26, to remain available until expended. production processes. (b) CONSULTATION.—In updating resource (b) COORDINATION.—In carrying out the pro- information under this section, the Sec- SA 674. Mr. HELLER (for himself and grams under subsection (a), the Secretary retary of the Interior shall consult with— Mr. VITTER) submitted an amendment shall coordinate with other entities to pro- (1) the heads of appropriate State geologi- intended to be proposed by him to the mote the development of environmentally cal surveys; bill S. 1619, to provide for identification responsible lead manufacturing, including— (2) mineral producers; (1) other Federal agencies; (3) mineral processors; of misaligned currency, require action (2) States with affected interests; (4) trade associations; to correct the misalignment, and for (3) manufacturers; (5) academic institutions; and other purposes; which was ordered to (4) clean energy technology manufacturers, (6) such other entities or individuals as the lie on the table; as follows: including producers of batteries and other Secretary of the Interior considers appro- At the end of the bill, insert the following: energy storage technologies; and priate. TITLE l—NO BUDGET, NO PAY ACT (5) any others considered appropriate by (c) LIMITATION.— the Secretary. (1) IN GENERAL.—Resource information up- SEC. 01. SHORT TITLE. This title may be cited as the ‘‘No Budget, SEC. ll24. LITHIUM. dates carried out pursuant to this section No Pay Act’’. Subtitle E of title VI of the Energy Inde- shall be limited to collection of existing in- pendence and Security Act of 2007 (42 U.S.C. formation. SEC. 02. DEFINITION. 17241 et seq.) is amended by adding at the end (2) ADMINISTRATION.—If any mineral cov- In this title, the term ‘‘Member of Con- the following: ered by this section is designated as a crit- gress’’— ‘‘SEC. 657. GRANTS FOR LITHIUM PRODUCTION ical mineral under section l11, this section (1) has the meaning given under section RESEARCH AND DEVELOPMENT. shall not apply. 2106 of title 5, United States Code; and ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In (d) REPORT.—Not later than 2 years after (2) does not include the Vice President. this section, the term ‘eligible entity’ the date of enactment of this Act, the Sec- SEC. 03. TIMELY APPROVAL OF CONCURRENT means— retary of the Interior shall submit to the ap- RESOLUTION ON THE BUDGET. ‘‘(1) a private partnership or other entity plicable committees written notification cer- If both Houses of Congress have not ap- that is— tifying that the resource information for proved a concurrent resolution on the budget ‘‘(A) organized in accordance with Federal phosphate and rare earth elements is up-to- as described under section 301 of the Congres- law; and date. sional Budget and Impoundment Control Act ‘‘(B) engaged in lithium production for use Subtitle C—Miscellaneous of 1974 (2 U.S.C. 632) for a fiscal year before in advanced battery technologies; SEC. ll31. OFFSETS. October 1 of that fiscal year, the pay of each ‘‘(2) a public entity, such as a State, tribal, (a) IN GENERAL.—The following Acts are re- Member of Congress may not be paid for each or local governmental entity; or pealed: day following that October 1 until the date ‘‘(3) a consortium of entities described in (1) The National Materials and Minerals on which both Houses of Congress approve a paragraphs (1) and (2). Policy, Research and Development Act of concurrent resolution on the budget for that ‘‘(b) GRANTS.—The Secretary shall provide 1980 (30 U.S.C. 1601 et seq.), other than sub- fiscal year. grants to eligible entities for research, devel- sections (e) and (f) of section 5 of that Act (30 SEC. 04. NO PAY WITHOUT CONCURRENT RESO- opment, demonstration, and commercial ap- U.S.C. 1604). LUTION ON THE BUDGET. plication of domestic industrial processes (2) The National Critical Materials Act of (a) IN GENERAL.—Notwithstanding any that are designed to enhance domestic lith- 1984 (30 U.S.C. 1801 et seq.). other provision of law, no funds may be ap- ium production for use in advanced battery (b) CONFORMING AMENDMENT.—Section 3(d) propriated or otherwise be made available technologies, as determined by the Sec- of the National Superconductivity and Com- from the United States Treasury for the pay retary. petitiveness Act of 1988 (15 U.S.C. 5202(d)) is of any Member of Congress during any period ‘‘(c) USE.—An eligible entity shall use a amended in the first sentence by striking ‘‘, determined by the Chairperson of the Com- grant provided under this section to develop with the assistance of the National Critical mittee on the Budget of the Senate or the or enhance— Materials Council as specified in the Na- Chairperson of the Committee on the Budget ‘‘(1) domestic industrial processes that in- tional Critical Materials Act of 1984 (30 of the House of Representatives under sec- crease lithium production, processing, or re- U.S.C. 1801 et seq.),’’. tion 05. cycling for use in advanced lithium bat- SEC. ll32. ADMINISTRATION. (b) NO RETROACTIVE PAY.—A Member of teries; or Nothing in this title or an amendment Congress may not receive pay for any period ‘‘(2) industrial processes associated with made by this title modifies any requirement determined by the Chairperson of the Com- new formulations of lithium feedstock for or authority provided by the matter under mittee on the Budget of the Senate or the use in advanced lithium batteries.’’. the heading ‘‘GEOLOGICAL SURVEY’’ of the Chairperson of the Committee on the Budget SEC. ll25. THORIUM. first section of the Act of March 3, 1879 (43 of the House of Representatives under sec- (a) STUDY.—The Secretary, in consultation U.S.C. 31(a)). tion 05, at any time after the end of that pe- with the Nuclear Regulatory Commission, SEC. ll33. AUTHORIZATION OF APPROPRIA- riod. shall conduct a study on the technical, eco- TIONS. SEC. 05. DETERMINATIONS. nomic, and policy issues (including non- There is authorized to be appropriated to (a) SENATE.— proliferation) associated with establishing a carry out this title and the amendments (1) REQUEST FOR CERTIFICATIONS.—On Octo- licensing pathway for the complete thorium made by this title $53,250,000, of which— ber 1 of each year, the Secretary of the Sen- nuclear fuel cycle (including mining, mill- (1) $500,000 may be used to carry out sec- ate shall submit a request to the Chairperson ing, processing, fabrication, reactors, dis- tion l11, to remain available until expended; of the Committee on the Budget of the Sen- posal, and decommissioning) that— (2) $20,000,000 may be used to carry out sec- ate for certification of determinations made (1) identifies the gaps in the technical tion l13, to remain available until expended; under paragraph (2) (A) and (B). knowledge that could lead to a licensing (3) $2,000,000 may be used to carry out sec- (2) DETERMINATIONS.—The Chairperson of pathway; and tion l14, to remain available until expended; the Committee on the Budget of the Senate (2) considers technologies and applications (4) $1,000,000 for each of fiscal years 2012 shall— for any thorium byproducts of critical min- through 2016 may be used to carry out sec- (A) on October 1 of each year, make a de- eral production or processing. tion l16 and the amendment made by that termination of whether Congress is in com- (b) COOPERATION.—In conducting the study section, to remain available until expended; pliance with section 04 and whether Senators under subsection (a), the Secretary shall co- (5)(A) $1,500,000 for each of fiscal years 2012 may not be paid under that section; and operate with appropriate— and 2013 may be used to carry out section (B) determine the period of days following (1) trade associations; l17, to remain available until expended; and each October 1 that Senators may not be (2) equipment manufacturers; (B) $750,000 for each of fiscal years 2014 paid under section 04; and (3) National Laboratories; through 2016 may be used to carry out sec- (C) provide timely certification of the de- (4) institutions of higher education; and tion l17; terminations under subparagraphs (A) and

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(B) upon the request of the Secretary of the (19) Heading 9902.52.26 (relating to woven (b) FULL RESTORATION OF PAYMENT LEVELS Senate. fabrics of cotton). IN CALENDAR YEARS 2010 AND 2011.— (b) HOUSE OF REPRESENTATIVES.— (20) Heading 9902.52.27 (relating to woven (1) TRANSFER OF AMOUNTS.— (1) REQUEST FOR CERTIFICATIONS.—On Octo- fabrics of cotton). (A) IN GENERAL.—Not later than 30 days ber 1 of each year, the Chief Administrative (21) Heading 9902.52.28 (relating to woven after the date of the enactment of this Act, Officer of the House of Representatives shall fabrics of cotton). the Secretary of the Treasury shall transfer submit a request to the Chairperson of the (22) Heading 9902.52.29 (relating to woven to the Wool Apparel Manufacturers Trust Committee on the Budget of the House of fabrics of cotton). Fund, out of the general fund of the Treasury Representatives for certification of deter- (23) Heading 9902.52.30 (relating to woven of the United States, amounts determined by minations made under paragraph (2) (A) and fabrics of cotton). the Secretary of the Treasury to be equiva- (B). (24) Heading 9902.52.31 (relating to woven lent to amounts received in the general fund (2) DETERMINATIONS.—The Chairperson of fabrics of cotton). that are attributable to the duty received on the Committee on the Budget of the House of (b) EXTENSION OF DUTY REFUNDS AND PIMA articles classified under chapter 51 or chap- Representatives shall— COTTON TRUST FUND; MODIFICATION OF AFFI- ter 62 of the Harmonized Tariff Schedule of (A) on October 1 of each year, make a de- DAVIT REQUIREMENTS.—Section 407 of title IV the United States (as determined under sec- termination of whether Congress is in com- of division C of the Tax Relief and Health tion 4002(c)(2) of the Miscellaneous Trade and pliance with section 04 and whether Senators Care Act of 2006 (Public Law 109–432; 120 Stat. Technical Corrections Act of 2004 (Public may not be paid under that section; and 3060) is amended— Law 108–429; 118 Stat. 2600)), subject to the (B) determine the period of days following (1) in subsection (b)— limitation in subparagraph (B). each October 1 that Senators may not be (A) in paragraph (1), by striking ‘‘amounts (B) LIMITATION.—The Secretary of the paid under section 04; and determined by the Secretary’’ and all that Treasury shall not transfer more than the (C) provide timely certification of the de- follows through ‘‘5208.59.80’’ and inserting amount determined by the Secretary to be terminations under subparagraph (A) and (B) ‘‘amounts received in the general fund that necessary for— upon the request of the Chief Administrative are attributable to duties received since Jan- (i) U.S. Customs and Border Protection to Officer of the House of Representatives. uary 1, 2004, on articles classified under make payments to eligible manufacturers SEC. 06. EFFECTIVE DATE. heading 5208’’; and under section 4002(c)(3) of the Miscellaneous This title shall take effect on February 1, (B) in paragraph (2), by striking ‘‘October Trade and Technical Corrections Act of 2004 2013. 1, 2008’’ and inserting ‘‘December 31, 2013’’; so that the amount of such payments, when (2) in subsection (c)— added to any other payments made to eligi- SA 675. Mr. MENENDEZ (for himself (A) in the matter preceding paragraph (1), ble manufacturers under section 4002(c)(3) of and Mr. CARDIN) submitted an amend- by striking ‘‘beginning in fiscal year 2007’’ such Act for calendar years 2010 and 2011, ment intended to be proposed by him and inserting ‘‘for fiscal year 2011 and each equal the total amount of payments author- to the bill S. 1619, to provide for identi- fiscal year thereafter’’; ized to be provided to eligible manufacturers (B) by striking ‘‘grown in the United under section 4002(c)(3) of such Act for cal- fication of misaligned currency, re- endar years 2010 and 2011; and quire action to correct the misalign- States’’ each place it appears; and (C) in paragraph (2), in the matter pre- (ii) the Secretary of Commerce to provide ment, and for other purposes; which ceding subparagraph (A), by inserting ‘‘that grants to eligible manufacturers under sec- was ordered to lie on the table; as fol- produce ring spun cotton yarns in the United tion 4002(c)(6) of the Miscellaneous Trade and lows: States’’ after ‘‘of pima cotton’’; Technical Corrections Act of 2004 so that the At the end, add the following: (3) in subsection (d)— amounts of such grants, when added to any other grants made to eligible manufacturers TITLE ll—MISCELLANEOUS (A) in the matter preceding paragraph (1), by inserting ‘‘annually’’ after ‘‘provided’’; under section 4002(c)(6) of such Act for cal- SEC. l01. RENEWAL OF DUTY SUSPENSIONS ON and endar years 2010 and 2011, equal the total COTTON SHIRTING FABRICS AND RE- amount of grants authorized to be provided LATED PROVISIONS. (B) in paragraph (1), by inserting ‘‘during to eligible manufacturers under section (a) EXTENSIONS.—Each of the following the year in which the affidavit is filed and’’ 4002(c)(6) of such Act for calendar years 2010 headings of the Harmonized Tariff Schedule after ‘‘imported cotton fabric’’; and and 2011. of the United States is amended by striking (4) in subsection (f)— (2) PAYMENT OF AMOUNTS.—U.S. Customs everything after ‘‘suitable for use in men’s (A) in the matter preceding paragraph (1), and Border Protection shall make payments and boys’ shirts’’ in the article description by inserting ‘‘annually’’ after ‘‘provided’’; described in paragraph (1) to eligible manu- column and by striking the date in the effec- and facturers not later than 30 days after such tive date column and inserting ‘‘12/31/2013’’: (B) in paragraph (1)— transfer of amounts from the general fund of (1) Heading 9902.52.08 (relating to woven (i) by striking ‘‘grown in the United the Treasury of the United States to the fabrics of cotton). States’’ and inserting ‘‘during the year in Wool Apparel Manufacturers Trust Fund. (2) Heading 9902.52.09 (relating to woven which the affidavit is filed and’’; and The Secretary of Commerce shall promptly fabrics of cotton). (ii) by inserting ‘‘in the United States’’ provide grants described in paragraph (1) to (3) Heading 9902.52.10 (relating to woven after ‘‘cotton yarns’’. eligible manufacturers after such transfer of fabrics of cotton). (c) EFFECTIVE DATE.—The amendments amounts from the general fund of the Treas- (4) Heading 9902.52.11 (relating to woven made by this section shall take effect on the ury of the United States to the Wool Apparel fabrics of cotton). date of the enactment of this Act and apply Manufacturers Trust Fund. (5) Heading 9902.52.12 (relating to woven with respect to affidavits filed on or after such date of enactment. (c) RULE OF CONSTRUCTION.—The amend- fabrics of cotton). ments made by subsection (a) shall not be (6) Heading 9902.52.13 (relating to woven SEC. l02. MODIFICATION OF WOOL APPAREL construed to affect the availability of fabrics of cotton). MANUFACTURERS TRUST FUND. amounts transferred to the Wool Apparel (7) Heading 9902.52.14 (relating to woven (a) IN GENERAL.—Section 4002(c)(2) of the Manufacturers Trust Fund before the date of fabrics of cotton). Miscellaneous Trade and Technical Correc- the enactment of this Act. (8) Heading 9902.52.15 (relating to woven tions Act of 2004 (Public Law 108–429; 118 (d) CONFORMING AMENDMENTS.—Title IV of fabrics of cotton). Stat. 2600) is amended— the Miscellaneous Trade and Technical Cor- (9) Heading 9902.52.16 (relating to woven (1) in subparagraph (A), by striking ‘‘sub- rections Act of 2004 (Public Law 108–429; 118 fabrics of cotton). ject to the limitation in subparagraph (B)’’ Stat. 2600) is amended by striking ‘‘Bureau of (10) Heading 9902.52.17 (relating to woven and inserting ‘‘subject to subparagraphs (B) Customs and Border Protection’’ each place fabrics of cotton). and (C)’’; and it appears and inserting ‘‘U.S. Customs and (11) Heading 9902.52.18 (relating to woven (2) by adding at the end the following new Border Protection’’. fabrics of cotton). subparagraph: (e) DISCRETIONARY AUTHORITY.— (12) Heading 9902.52.19 (relating to woven ‘‘(C) ALTERNATIVE FUNDING SOURCE.—Sub- (1) IN GENERAL.—Section 4002(c)(3) of Pub- fabrics of cotton). paragraph (A) shall be applied and adminis- lic Law 108–429 is amended by inserting ‘‘(or (13) Heading 9902.52.20 (relating to woven tered by substituting ‘chapter 62’ for ‘chap- to protect domestic manufacturing employ- fabrics of cotton). ter 51’ for any period of time with respect to ment, and at the sole discretion of the U.S. (14) Heading 9902.52.21 (relating to woven which the Secretary notifies Congress that Customs and Border Protection, no later fabrics of cotton). amounts determined by the Secretary to be than April 15)’’ after ‘‘March 1 of the year of (15) Heading 9902.52.22 (relating to woven equivalent to amounts received in the gen- the payment’’. fabrics of cotton). eral fund of the Treasury of the United (2) EFFECTIVE DATE.—The amendment (16) Heading 9902.52.23 (relating to woven States that are attributable to the duty re- made by this subsection shall be effective for fabrics of cotton). ceived on articles classified under chapter 51 payment year 2011 and thereafter. (17) Heading 9902.52.24 (relating to woven of the Harmonized Tariff Schedule of the fabrics of cotton). United States are not sufficient to make SA 676. Mr. CORNYN submitted an (18) Heading 9902.52.25 (relating to woven payments under paragraph (3) or grants amendment intended to be proposed by fabrics of cotton). under paragraph (6).’’. him to the bill S. 1619, to provide for

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.028 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6103 identification of misaligned currency, ber 31 of each year, the President shall sub- any legislative action that would be required require action to correct the misalign- mit to the appropriate congressional com- to fully implement the plan; and ment, and for other purposes; which mittees a report on the risks posed by for- (3) move expeditiously to implement the was ordered to lie on the table; as fol- eign holdings of debt instruments of the plan in order to protect the long-term na- United States, in both classified and unclas- tional security and economic stability of the lows: sified form. United States. At the appropriate place, add the fol- (b) MATTERS TO BE INCLUDED.—Each report lowing: submitted under this section shall include SA 677. Mr. CORNYN submitted an TITLE l—TRANSPARENCY REQUIRE- the following: amendment intended to be proposed by MENTS FOR FOREIGN-HELD DEBT (1) The most recent data available on for- him to the bill S. 1619, to provide for SEC. l01. SHORT TITLE. eign holdings of debt instruments of the identification of misaligned currency, This title may be cited as the ‘‘Foreign- United States, which data shall not be older than the date that is 7 months preceding the require action to correct the misalign- Held Debt Transparency and Threat Assess- ment, and for other purposes; which ment Act’’. date of the report. (2) The country of domicile of all foreign was ordered to lie on the table; as fol- SEC. l02. DEFINITIONS. creditors who hold debt instruments of the lows: In this title: United States. (1) APPROPRIATE CONGRESSIONAL COMMIT- At the appropriate place, insert the fol- (3) The total amount of debt instruments TEES.—The term ‘‘appropriate congressional lowing: of the United States that are held by the for- committees’’ means the following: SEC. ll. SALE OF F–16 AIRCRAFT TO TAIWAN. eign creditors, broken out by the creditors’ (A) The Committee on Armed Services, the (a) FINDINGS.—Congress makes the fol- country of domicile and by public, quasi-pub- Committee on Foreign Relations, the Com- lowing findings: lic, and private creditors. mittee on Finance, and the Committee on (1) The Department of Defense, in its 2011 (4) For each foreign country listed in para- the Budget of the Senate. report to Congress on ‘‘Military and Security graph (2)— (B) The Committee on Armed Services, the Developments Involving the People’s Repub- (A) an analysis of the country’s purpose in Committee on Foreign Affairs, the Com- lic of China,’’ found that ‘‘China continued holding debt instruments of the United mittee on Ways and Means, and the Com- modernizing its military in 2010, with a focus States and long-term intentions with regard mittee on the Budget of the House of Rep- on Taiwan contingencies, even as cross- to such debt instruments; resentatives. Strait relations improved. The PLA seeks (B) an analysis of the current and foresee- (2) DEBT INSTRUMENTS OF THE UNITED the capability to deter Taiwan independence able risks to the long-term national security STATES.—The term ‘‘debt instruments of the and influence Taiwan to settle the dispute on and economic stability of the United States United States’’ means all bills, notes, and Beijing’s terms. In pursuit of this objective, posed by each country’s holdings of debt in- bonds issued or guaranteed by the United Beijing is developing capabilities intended to struments of the United States; and States or by an entity of the United States deter, delay, or deny possible U.S. support (C) a specific determination of whether the Government, including any Government- for the island in the event of conflict. The level of risk identified under subparagraph sponsored enterprise. balance of cross-Strait military forces and (B) is acceptable or unacceptable. SEC. l03. SENSE OF CONGRESS. capabilities continues to shift in the main- (c) PUBLIC AVAILABILITY.—The President It is the sense of Congress that— land’s favor.’’ In this report, the Department shall make each report required by sub- of Defense also concludes that, over the next (1) the growing Federal debt of the United section (a) available, in its unclassified form, States has the potential to jeopardize the na- decade, China’s air force will remain pri- to the public by posting it on the Internet in marily focused on ‘‘building the capabilities tional security and economic stability of the a conspicuous manner and location. United States; required to pose a credible military threat to SEC. l05. ANNUAL REPORT ON RISKS POSED BY (2) the increasing dependence of the United Taiwan and U.S. forces in East Asia, deter THE FEDERAL DEBT OF THE UNITED Taiwan independence, or influence Taiwan to States on foreign creditors has the potential STATES. settle the dispute on Beijing’s terms’’. to make the United States vulnerable to (a) IN GENERAL.—Not later than December (2) The Defense Intelligence Agency (DIA) undue influence by certain foreign creditors 31 of each year, the Comptroller General of conducted a preliminary assessment of the in national security and economic policy- the United States shall submit to the appro- status and capabilities of Taiwan’s air force making; priate congressional committees a report on in an unclassified report, dated January 21, (3) the People’s Republic of China is the the risks to the United States posed by the 2010. The DIA found that, ‘‘[a]lthough Tai- largest foreign creditor of the United States, Federal debt of the United States. wan has nearly 400 combat aircraft in serv- in terms of its overall holdings of debt in- (b) CONTENT OF REPORT.—Each report sub- struments of the United States; mitted under this section shall include the ice, far fewer of these are operationally capa- (4) the current level of transparency in the following: ble.’’ The report concluded, ‘‘Many of Tai- scope and extent of foreign holdings of debt (1) An analysis of the current and foresee- wan’s fighter aircraft are close to or beyond instruments of the United States is inad- able risks to the long-term national security service life, and many require extensive equate and needs to be improved, particu- and economic stability of the United States maintenance support. The retirement of Mi- larly regarding the holdings of the People’s posed by the Federal debt of the United rage and F–5 aircraft will reduce the total Republic of China; States. size of the Taiwan Air Force.’’ (5) through the People’s Republic of Chi- (2) A specific determination of whether the (3) Since 2006, authorities from Taiwan na’s large holdings of debt instruments of levels of risk identified under paragraph (1) have made repeated requests to purchase 66 the United States, China has become a super are sustainable. F–16C/D multirole fighter aircraft from the creditor of the United States; (3) If the determination under paragraph United States, in an effort to modernize the (6) under certain circumstances, the hold- (2) is that the levels of risk are air force of Taiwan and maintain its self-de- ings of the People’s Republic of China could unsustainable, specific recommendations for fense capability. give China a tool with which China can try reducing the levels of risk to sustainable lev- (4) According to a report by the Perryman to manipulate the domestic and foreign pol- els, in a manner that results in a reduction Group, a private economic research and anal- icymaking of the United States, including in Federal spending. ysis firm, the requested sale of F–16C/Ds to Taiwan ‘‘would generate some $8,700,000,000 the United States relationship with Taiwan; SEC. l06. CORRECTIVE ACTION TO ADDRESS UN- (7) under certain circumstances, if the Peo- ACCEPTABLE AND UNSUSTAINABLE in output (gross product) and more than ple’s Republic of China were to be displeased RISKS TO UNITED STATES NATIONAL 87,664 person-years of employment in the with a given United States policy or action, SECURITY AND ECONOMIC STA- US,’’ including 23,407 direct jobs, while ‘‘eco- China could attempt to destabilize the BILITY. nomic benefits would likely be realized in 44 United States economy by rapidly divesting In any case in which the President deter- states and the District of Columbia’’. large portions of China’s holdings of debt in- mines under section lll04(b)(4)(C) that a (5) The sale of F–16C/Ds to Taiwan would struments of the United States; and foreign country’s holdings of debt instru- both sustain existing high-skilled jobs in key (8) the People’s Republic of China’s expan- ments of the United States pose an unaccept- United States manufacturing sectors and sive holdings of such debt instruments of the able risk to the long-term national security create new ones. United States could potentially pose a direct or economic stability of the United States, (6) On August 1, 2011, a bipartisan group of threat to the United States economy and to the President shall, within 30 days of the de- 181 members of the House of Representatives United States national security. This poten- termination— sent a letter to the President, expressing tial threat is a significant issue that war- (1) formulate a plan of action to reduce the support for the sale of F–16C/Ds to Taiwan. rants further analysis and evaluation. risk level to an acceptable and sustainable On May 26, 2011, a bipartisan group of 45 SEC. l04. QUARTERLY REPORT ON RISKS POSED level, in a manner that results in a reduction members of the Senate sent a similar letter BY FOREIGN HOLDINGS OF DEBT IN- in Federal spending; to the President, expressing support for the STRUMENTS OF THE UNITED (2) submit to the appropriate congressional sale. Two other members of the Senate wrote STATES. committees a report on the plan of action separately to the President or the Secretary (a) QUARTERLY REPORT.—Not later than that includes a timeline for the implementa- of State in 2011 and expressed support for March 31, June 30, September 30, and Decem- tion of the plan and recommendations for this sale.

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(b) SENSE OF CONGRESS.—It is the sense of (2) CONTENTS.—The report under paragraph weighted average of bilateral exchange rates, Congress that— (1) shall include a detailed description of the expressed in price-adjusted terms. (1) a critical element to maintaining peace findings and conclusion of the Comptroller (5) SECRETARY.—The term ‘‘Secretary’’ and stability in Asia in the face of China’s General with respect to the audit that is the means the Secretary of the Treasury. two-decade-long program of military mod- subject of the report, together with such rec- (6) STERILIZATION.—The term ‘‘steriliza- ernization and expansion of military capa- ommendations for legislative or administra- tion’’ means domestic monetary operations bilities is ensuring a militarily strong and tive action as the Comptroller General may taken to neutralize the monetary impact of confident Taiwan; determine to be appropriate. increases in reserves associated with inter- (2) a Taiwan that is confident in its ability (c) REPEAL OF CERTAIN LIMITATIONS.—Sub- vention in the currency exchange market. to deter Chinese aggression will increase its section (b) of section 714 of title 31, United SEC. 3. REPORT ON INTERNATIONAL MONETARY ability to proceed in developing peaceful re- States Code, is amended by striking all after POLICY AND CURRENCY EXCHANGE lations with China in areas of mutual inter- ‘‘in writing.’’. RATES. est; (d) TECHNICAL AND CONFORMING AMEND- (a) REPORTS REQUIRED.— (3) the cross-Strait military balance be- MENT.—Section 714 of title 31, United States (1) IN GENERAL.—Not later than March 15 tween China and our longstanding strategic Code, is amended by striking subsection (f). and September 15 of each calendar year, the partner, Taiwan, has clearly shifted in Chi- Secretary, after consulting with the Chair- na’s favor; SA 679. Mr. HATCH submitted an man of the Board of Governors of the Federal (4) China’s military expansion poses a clear amendment intended to be proposed by Reserve System and the Advisory Committee and present danger to Taiwan, and this him to the bill S. 1619, to provide for on International Exchange Rate Policy, shall threat has very serious implications for the identification of misaligned currency, submit to Congress and make public, a writ- ability of the United States to fulfill its se- require action to correct the misalign- ten report on international monetary policy and currency exchange rates. curity obligations to allies in the region and ment, and for other purposes; which (2) CONSULTATIONS.—On or before March 30 protect our vital United States national in- was ordered to lie on the table; as fol- and September 30 of each calendar year, the terests in East Asia; lows: Secretary shall appear, if requested, before (5) Taiwan’s air force continues to deterio- At the end, add the following: the Committee on Banking, Housing, and rate, and it needs additional advanced Urban Affairs and the Committee on Finance multirole fighter aircraft in order to mod- SEC. 16. ANNUAL REPORT ON TRADE ENFORCE- MENT ACTIVITIES OF THE UNITED of the Senate and the Committee on Finan- ernize its fleet and maintain a sufficient self- STATES TRADE REPRESENTATIVE. cial Services and the Committee on Ways defense capability; Not later than 1 year after the date of the and Means of the House of Representatives (6) the United States has a statutory obli- enactment of this Act, and annually there- to provide testimony on the reports sub- gation under the Taiwan Relations Act (22 after, the Comptroller General of the United mitted pursuant to paragraph (1). U.S.C. 3301 et seq.) to provide Taiwan the de- States shall submit to the Committee on Fi- (b) CONTENT OF REPORTS.—Each report sub- fense articles necessary to enable Taiwan to nance of the Senate and the Committee on mitted under subsection (a) shall contain the maintain sufficient self-defense capabilities, Ways and Means of the House of Representa- following: in furtherance of maintaining peace and sta- tives a report— (1) An analysis of currency market devel- bility in the western Pacific region; (1) describing the trade enforcement activi- opments and the relationship between the (7) in order to comply with the Taiwan Re- ties carried out by the Office of the United United States dollar and the currencies of lations Act, the United States must provide States Trade Representative during the year major economies and trading partners of the Taiwan with additional advanced multirole preceding the submission of the report, in- United States. fighter aircraft, as well as significant up- cluding any consultations initiated by the (2) A review of the economic and monetary grades to Taiwan’s existing fleet of multirole United States Trade Representative to re- policies of major economies and trading fighter aircraft; and solve disputes under existing trade agree- partners of the United States, and an evalua- (8) the proposed sale of F–16C/D multirole ments; tion of how such policies impact currency ex- fighter aircraft to Taiwan would have sig- (2) assessing the economic impact of each change rates. nificant economic benefits to the United such activity, including the impact on bilat- (3) A description of any currency interven- States economy. eral trade and on employment in the United tion by the United States or other major (c) SALE OF AIRCRAFT.—The President shall States; and economies or trading partners of the United carry out the sale of no fewer than 66 F–16C/ (3) assessing the cost of, and resources States, or other actions undertaken to ad- D multirole fighter aircraft to Taiwan. dedicated to, each such activity. just the actual exchange rate relative to the United States dollar. SA 678. Mr. PAUL (for himself, Mr. SA 680. Mr. MENENDEZ (for himself (4) An evaluation of the domestic and glob- VITTER, Mr. DEMINT, and Mr. LEE) sub- and Mr. BLUNT) submitted an amend- al factors that underlie the conditions in the mitted an amendment intended to be ment intended to be proposed by him currency markets, including— proposed by him to the bill S. 1619, to to the bill S. 1619, to provide for identi- (A) monetary and financial conditions; provide for identification of misaligned fication of misaligned currency, re- (B) accumulation of foreign assets; currency, require action to correct the quire action to correct the misalign- (C) macroeconomic trends; misalignment, and for other purposes; ment, and for other purposes; which (D) trends in current and financial account which was ordered to lie on the table; was ordered to lie on the table; as fol- balances; (E) the size, composition, and growth of as follows: lows: international capital flows; At the appropriate place, insert the fol- Strike all after the enacting clause and in- (F) the impact of the external sector on lowing: sert the following: economic growth; SEC. ll. AUDIT REFORM AND TRANSPARENCY SECTION 1. SHORT TITLE. (G) the size and growth of external indebt- FOR THE BOARD OF GOVERNORS OF This Act may be cited as the ‘‘Currency edness; THE FEDERAL RESERVE SYSTEM. Misalignment Mitigation and Reform Act of (H) trends in the net level of international (a) IN GENERAL.—Notwithstanding section 2011’’. investment; and 714 of title 31, United States Code, or any SEC. 2. DEFINITIONS. (I) capital controls, trade, and exchange re- other provision of law, an audit of the Board In this Act: strictions. of Governors of the Federal Reserve System (1) COUNTRY.—The term ‘‘country’’ means a (5) A list of currencies designated as fun- and the Federal reserve banks under sub- foreign country, dependent territory, or pos- damentally misaligned currencies pursuant section (b) of such section 714 shall be com- session of a foreign country, and may include to section 4(a)(2), and a description of any pleted before the end of 2012. an association of 2 or more foreign countries, economic models or methodologies used to (b) REPORT.— dependent territories, or possessions of coun- establish the list. (1) IN GENERAL.—A report on the audit re- tries into a customs union outside the (6) A list of currencies designated for pri- quired under subsection (a) shall be sub- United States. ority action pursuant to section 4(a)(3). mitted by the Comptroller General to the (2) FUNDAMENTAL MISALIGNMENT.—The (7) An identification of the nominal value Congress before the end of the 90-day period term ‘‘fundamental misalignment’’ means a associated with the medium-term equi- beginning on the date on which such audit is significant and sustained undervaluation of librium exchange rate, relative to the United completed and made available to the Speak- the prevailing real effective exchange rate, States dollar, for each currency listed under er of the House of Representatives, the ma- adjusted for cyclical and transitory factors, paragraph (6). jority and minority leaders of the House of from its medium-term equilibrium level. (8) A description of any consultations con- Representatives, the majority and minority (3) FUNDAMENTALLY MISALIGNED CUR- ducted or other steps taken pursuant to sec- leaders of the Senate, the chairman and RENCY.—The term ‘‘fundamentally mis- tion 5, including any actions taken to elimi- ranking member of the committee and each aligned currency’’ means a foreign currency nate the fundamental misalignment. subcommittee of jurisdiction in the House of that is in fundamental misalignment. (c) CONSULTATIONS.—The Secretary shall Representatives and the Senate, and any (4) REAL EFFECTIVE EXCHANGE RATE.—The consult with the Chairman of the Board of other Member of Congress who requests it. term ‘‘real effective exchange rate’’ means a Governors of the Federal Reserve System

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.035 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6105 and the Advisory Committee on Inter- the International Monetary Fund to develop requested, before the Committee on Bank- national Exchange Rate Policy with respect effective remedial rules and actions— ing, Housing, and Urban Affairs and the to the preparation of each report required (A) to mitigate the adverse trade and eco- Committee on Finance of the Senate and the under subsection (a). Any comments pro- nomic effects of fundamentally misaligned Committee on Financial Services and the vided by the Chairman of the Board of Gov- currencies designated for priority action pur- Committee on Ways and Means of the House ernors of the Federal Reserve System or the suant to section 4(a)(3); and of Representatives to provide testimony on Advisory Committee on International Ex- (B) to encourage countries that issue such the report submitted pursuant to subpara- change Rate Policy shall be submitted to the currencies to adopt appropriate policies to graph (A). Secretary not later than the date that is 15 eliminate the fundamental misalignment of (4) NEGOTIATING OBJECTIVE FOR ONGOING days before the date each report is due under their currencies. AND FUTURE NEGOTIATIONS.— subsection (a). The Secretary shall submit (2) ADDITIONAL PLURILATERAL NEGOTIA- (A) IN GENERAL.—For any negotiation with the report to Congress after taking into ac- TIONS.—If the negotiations required by para- respect to an agreement relating to trade or count all comments received from the Chair- graph (1) do not result in agreement on the international monetary policy, it shall be a man and the Advisory Committee. development of effective remedial rules and priority negotiating objective of the United SEC. 4. IDENTIFICATION OF FUNDAMENTALLY actions described in that paragraph within 90 States to negotiate with each party to the MISALIGNED CURRENCIES. days, the Secretary and the United States agreement a commitment— (a) IDENTIFICATION.— Trade Representative shall enter into (i) to prohibit fundamental misalignment (1) IN GENERAL.—The Secretary shall ana- plurilateral negotiations outside the World of the currency issued by the party that Trade Organization and the International lyze on a semiannual basis the prevailing would result in the designation of the cur- Monetary Fund to develop agreements with real effective exchange rates of foreign cur- rency for priority action pursuant to section countries the currencies of which have not rencies. 4(a)(3); and been designated for priority action pursuant (2) DESIGNATION OF FUNDAMENTALLY MIS- (ii) to cooperate with the other parties to to section 4(a)(3), consistent with inter- ALIGNED CURRENCIES.—With respect to the the agreement to mitigate adverse trade and currencies of countries that have significant national obligations— (A) to mitigate the adverse trade and eco- economic effects of the fundamental mis- bilateral trade flows with the United States, alignment of currencies designated for such and currencies that are otherwise significant nomic effects of fundamentally misaligned currencies designated for such priority ac- priority action. to the operation, stability, or orderly devel- (B) APPLICABILITY.—Subparagraph (A) opment of regional or global capital mar- tion; (B) to encourage countries that issue such shall apply with respect to an agreement de- kets, the Secretary shall determine whether scribed in that subparagraph that— any such currency is in fundamental mis- currencies to adopt appropriate policies to eliminate the fundamental misalignment of (i) is commenced on or after the date of the alignment and shall designate such currency their currencies; and enactment of this Act; or as a fundamentally misaligned currency. (C) to implement, if necessary, coordinated (ii) was commenced before such date of en- (3) DESIGNATION OF CURRENCIES FOR PRI- actions with respect to countries that issue actment and is ongoing on such date of en- ORITY ACTION.—The Secretary shall designate such currencies to prevent or address cur- actment. a currency identified under paragraph (2) for rency exchange actions taken by those coun- priority action if the country that issues SEC. 6. ADVISORY COMMITTEE ON INTER- tries that are inconsistent with the obliga- such currency is— NATIONAL EXCHANGE RATE POLICY. tions of those countries as members of the (A) engaging in protracted large-scale World Trade Organization and the Inter- (a) ESTABLISHMENT.— intervention in the currency exchange mar- national Monetary Fund. (1) IN GENERAL.—There is established an ket, particularly if accompanied by partial (3) REPORTS.— Advisory Committee on International Ex- or full sterilization; (A) IN GENERAL.—Not later than 180 days change Rate Policy (in this section referred (B) engaging in excessive and prolonged of- after the date of the enactment of this Act, to as the ‘‘Committee’’). The Committee ficial or quasi-official accumulation of for- and every 180 days thereafter until the date shall be responsible for— eign exchange reserves and other foreign as- on which all countries that issue currencies (A) advising the Secretary in the prepara- sets, for balance of payments purposes; designated for priority action pursuant to tion of each report to Congress on inter- (C) introducing or substantially modifying section 4(a)(3) have eliminated the funda- national monetary policy and currency ex- for balance of payments purposes a restric- mental misalignment of their currencies, the change rates, provided for in section 3; and tion on, or incentive for, the inflow or out- Secretary and the United States Trade Rep- (B) advising Congress and the President flow of capital, that is inconsistent with the resentative shall submit to Congress a report with respect to— goal of achieving full currency convert- on the results of the negotiations described (i) international exchange rates and finan- ibility; or in paragraphs (1) and (2). cial policies; and (D) pursuing any other policy or action (B) CONTENTS.—The report required by sub- (ii) the impact of such policies on the econ- that, in the view of the Secretary, warrants paragraph (A) shall identify— omy of the United States. designation for priority action. (i) the countries with which the United (2) MEMBERSHIP.— (b) REPORTS.—The Secretary shall include States is conducting negotiations under (A) IN GENERAL.—The Committee shall be a list of any foreign currency designated paragraphs (1) and (2) and the international composed of 9 members as follows, none of under paragraph (2) or (3) of subsection (a) fora in which those negotiations are taking whom shall be employees of the Federal Gov- and the data and reasoning underlying such place; ernment: designations in each report required by sec- (ii) the remedial rules and actions under (i) CONGRESSIONAL APPOINTEES.— tion 3. discussion in those negotiations; (I) SENATE APPOINTEES.—Four persons shall SEC. 5. NEGOTIATIONS AND CONSULTATIONS. (iii) any remedial rules that have been be appointed by the President pro tempore of (a) IN GENERAL.—Upon designation of a adopted and any remedial actions that have the Senate, upon the recommendation of the currency pursuant to section 4(a)(2), the Sec- been taken pursuant to those negotiations; chairmen and ranking members of the Com- retary shall seek to consult bilaterally with and mittee on Banking, Housing, and Urban Af- the country that issues such currency in (iv) what, if any, additional authority the fairs and the Committee on Finance of the order to facilitate the adoption of appro- Secretary and the United States Trade Rep- Senate. priate policies to address the fundamental resentative need from Congress to conduct (II) HOUSE APPOINTEES.—Four persons shall misalignment. negotiations under this subsection— be appointed by the Speaker of the House of (b) CONSULTATIONS INVOLVING CURRENCIES (I) to effectively mitigate the adverse Representatives upon the recommendation DESIGNATED FOR PRIORITY ACTION.—With re- trade and economic effects of fundamentally of the chairmen and ranking members of the spect to each currency designated for pri- misaligned currencies; or Committee on Financial Services and the ority action pursuant to section 4(a)(3), the (II) to implement coordinated actions with Committee on Ways and Means of the House Secretary shall, in addition to seeking to countries the currencies of which have not of Representatives. consult with a country pursuant to sub- been designated for priority action pursuant (ii) PRESIDENTIAL APPOINTEE.—One person section (a), seek the advice of the Inter- to section 4(a)(3) to prevent or address ex- shall be appointed by the President. national Monetary Fund with respect to the change rate actions— (B) QUALIFICATIONS.—Persons shall be se- Secretary’s findings in the report submitted (aa) taken by countries that issue cur- lected under subparagraph (A) on the basis of to Congress pursuant to section 3(a). rencies that have been designated for such their objectivity and demonstrated expertise (c) PLURILATERAL NEGOTIATIONS RELATING priority action; and in finance, economics, or currency exchange. TO FUNDAMENTALLY MISALIGNED CUR- (bb) that are inconsistent with the obliga- (3) TERMS.—Members shall be appointed for RENCIES.— tions of those countries as members of the a term of 4 years or until the Committee ter- (1) NEGOTIATIONS THROUGH WORLD TRADE World Trade Organization and the Inter- minates. An individual may be reappointed ORGANIZATION AND INTERNATIONAL MONETARY national Monetary Fund. to the Committee for additional terms. FUND.—The Secretary and the United States (C) CONSULTATIONS.—On or before the date (4) VACANCIES.—Any vacancy in the Com- Trade Representative shall enter into that is 15 days after the date on which each mittee shall not affect its powers, but shall plurilateral or multilateral negotiations report is required to be submitted under sub- be filled in the same manner as the original through the World Trade Organization and paragraph (A), the Secretary shall appear, if appointment.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.037 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6106 CONGRESSIONAL RECORD — SENATE October 4, 2011 (b) DURATION OF COMMITTEE.—Notwith- tural products from the United States to the SA 683. Mr. HATCH submitted an standing section 14(c) of the Federal Advi- Russian Federation; amendment intended to be proposed by sory Committee Act (5 U.S.C. App.), the (3) eliminating technical barriers to trade him to the bill S. 1619, to provide for Committee shall terminate on the date that that affect the information technology in- identification of misaligned currency, is 4 years after the date of the enactment of dustry; and this Act unless renewed by the President (4) generally strengthening respect for the require action to correct the misalign- pursuant to section 14 of the Federal Advi- rule of law. ment, and for other purposes; which sory Committee Act (5 U.S.C. App.) for a sub- was ordered to lie on the table; as fol- sequent 4-year period. The President may SA 682. Mr. HATCH submitted an lows: continue to renew the Committee for succes- amendment intended to be proposed by At the end, add the following: sive 4-year periods by taking appropriate ac- him to the bill S. 1619, to provide for SEC. 16. REPORT ON TRADE AGENCY REORGA- tion prior to the date on which the Com- identification of misaligned currency, NIZATION PROPOSAL. mittee would otherwise terminate. require action to correct the misalign- Not later than 30 days after the date of the (c) PUBLIC MEETINGS.—The Committee ment, and for other purposes; which enactment of this Act, the Director of the shall hold at least 2 public meetings each was ordered to lie on the table; as fol- Office of Management and Budget shall sub- year for the purpose of accepting public com- lows: mit to the Committee on Finance of the Sen- ments, including comments from small busi- ate and the Committee on Ways and Means At the end, add the following: ness owners. The Committee shall also meet of the House of Representatives a report— as needed at the call of the Secretary or at SEC. 16. SENSE OF CONGRESS ON BRAZIL AND (1) on the analysis undertaken by the Of- the call of two-thirds of the members of the THE INFORMATION TECHNOLOGY AGREEMENT OF THE WORLD TRADE fice of Management and Budget of the Presi- Committee. ORGANIZATION. dent’s proposal to reorganize the Federal (d) CHAIRPERSON.—The Committee shall (a) FINDINGS.—Congress makes the fol- agencies with responsibilities relating to elect from among its members a chairperson lowing findings: international trade, as provided for in the for a term of 4 years or until the Committee (1) Under the Ministerial Declaration on memorandum of the President for the heads terminates. A chairperson of the Committee Trade in Information Technology Products of executive departments and agencies relat- may be reelected chairperson but is ineli- of the World Trade Organization, agreed to ing to government reform for competitive- gible to serve consecutive terms as chair- at Singapore December 13, 1996 (in this sec- ness and innovation, dated March 11, 2011; person. tion referred to as the ‘‘Information Tech- and (e) STAFF.—The Secretary shall make nology Agreement’’), 70 countries have (2) that includes— available to the Committee such staff, infor- eliminated their tariffs on information tech- (A) the proposed options for reorganization mation, personnel, administrative services, nology products. Those countries represent of those agencies considered by the Office of and assistance as the Committee may rea- about 97 percent of the global trade of infor- Management and Budget during its review of sonably require to carry out its activities. mation technology products. those agencies; (f) APPLICATION OF FEDERAL ADVISORY COM- (2) The United States is a signatory to the (B) conclusions derived from that review; MITTEE ACT.— Information Technology Agreement, as are and (1) IN GENERAL.—The provisions of the Fed- other developed countries as well as devel- (C) recommendations for reorganizing eral Advisory Committee Act (5 U.S.C. App.) oping countries. those agencies. shall apply to the Committee. (3) By liberalizing the trade of information (2) EXCEPTION.—Except for the 2 annual technology products, the Information Tech- SA 684. Mr. HATCH submitted an public meetings required under subsection nology Agreement improves global inter- amendment intended to be proposed by (c), meetings of the Committee shall be ex- connectedness and promotes economic devel- empt from the requirements of subsections him to the bill S. 1619, to provide for opment in signatory countries, including de- identification of misaligned currency, (a) and (b) of sections 10 and 11 of the Federal veloping countries. Advisory Committee Act (relating to open (4) The list of signatories to the Informa- require action to correct the misalign- meetings, public notice, public participation, tion Technology Agreement does not include ment, and for other purposes; which and public availability of documents), when- Brazil, a major trading partner of the United was ordered to lie on the table; as fol- ever and to the extent it is determined by States. lows: the President or the Secretary that such (5) Brazil is one of the 10 largest economies At the appropriate place, insert the fol- meetings will be concerned with matters the in the world, is the fifth largest consumer lowing: disclosure of which would seriously com- market for information technology products promise the development by the United SEC. ll. PROMOTION OF JOB CREATION. in the world, and is the largest consumer (a) FINDINGS.—Congress makes the fol- States Government of monetary and finan- market for such products in Latin America. cial policy. lowing findings: Brazil ranks seventh in the world in the use (1) In terms of bilateral surveillance, Arti- SEC. 7. REPEAL OF THE EXCHANGE RATES AND of the Internet. ECONOMIC POLICY COORDINATION cle IV of the International Monetary Fund (6) Brazil is a major market for informa- (referred to in this section as the ‘‘IMF’’) Ar- ACT OF 1988. tion technology products and it imposes tar- The Exchange Rates and International ticles of Agreement lays out a code of con- iffs on information technology products im- duct for countries’ exchange rate and domes- Economic Policy Coordination Act of 1988 (22 ported from the United States, but the tic policies. Within this setting, Article IV U.S.C. 5301 et seq.) is repealed. United States imposes no tariffs on such consultations use exchange rate assessments products imported from Brazil. to monitor countries competitiveness and SA 681. Mr. HATCH submitted an (7) Morever, because the United States des- vulnerabilities to balance of payments cri- amendment intended to be proposed by ignates Brazil as a beneficiary developing ses. him to the bill S. 1619, to provide for country under the Generalized System of (2) The IMF uses three complementary identification of misaligned currency, Preferences under title V of the Trade Act of measures to perform exchange rate assess- 1974 (19 U.S.C. 2461 et seq.), over $2,000,000,000 require action to correct the misalign- ments and to help determine exchange rate in imports from Brazil entered the United ment, and for other purposes; which misalignments, a ‘‘macroeconomic balance’’ States duty-free under the Generalized Sys- was ordered to lie on the table; as fol- approach, an ‘‘equilibrium real exchange tem of Preferences in 2010. lows: rate’’ approach, and an ‘‘external sustain- (8) It is reasonable for the United States to ability’’ approach. At the end, add the following: expect Brazil to provide tariff reciprocity (3) Exchange rate assessments are based on SEC. 16. SENSE OF CONGRESS ON ACCESSION OF and, at a minimum, to become a signatory to the notion of equilibrium, which the IMF has THE RUSSIAN FEDERATION TO THE the Information Technology Agreement. WORLD TRADE ORGANIZATION. identified as ‘‘consistency with external and (b) SENSE OF CONGRESS.—It is the sense of It is the sense of Congress that, before the Congress that the President should make it internal balance over the medium to long United States can support the accession of a priority to urge Brazil to become a signa- run’’. the Russian Federation to the World Trade tory to the Information Technology Agree- (4) The ‘‘medium term,’’ according to IMF Organization, the Government of the Rus- ment. definitions relevant to exchange rate assess- sian Federation needs to make considerable (c) REPORT.—Not later than the date that ments, is a horizon over which domestic and and demonstrative progress toward com- is 180 days after the date of the enactment of partner-country output gaps are closed and plying with the major obligations of mem- this Act and not later than the date that is the lagged effects of past exchange rate bers of the World Trade Organization, includ- 1 year after such date of enactment, the changes are fully realized. ing— United States Trade Representative shall (5) An output gap is measured by the dif- (1) strengthening protection of intellectual submit to the Committee on Finance of the ference between actual output in an econ- property rights, including significantly in- Senate and the Committee on Ways and omy and potential output. creasing enforcement efforts with respect to Means of the House of Representatives a re- (6) Potential output is the level of output Internet piracy; port on the progress made in efforts to urge in an economy that would be realized if (2) curtailing the use of unjustified sani- Brazil to become a signatory to the Informa- labor, capital, and other resources were at tary restrictions to limit exports of agricul- tion Technology Agreement. high levels of utilization.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.037 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6107 (7) Negative output gaps mean that actual purposes; which was ordered to lie on ‘‘(1) IN GENERAL.—Not later than December output in an economy is below potential out- the table; as follows: 31, 2011, the Commodity Futures Trading Commission, the Securities and Exchange put. At the end, add the following: (8) This Act seeks to help close a negative Commission, and the prudential regulators output gap in the United States by pro- SEC. 16. DODD-FRANK IMPROVEMENTS REGARD- shall jointly, pursuant to the notice and ING REGULATION OF DERIVATIVES. moting the elimination of global imbalances comment requirements contained in title 5, (a) ESTABLISHMENT.—Section 4 of the Secu- United States Code, adopt an implementa- and currency misalignments, and relies part- rities Exchange Act of 1934 (15 U.S.C. 78d) is tion schedule for this title. ly on IMF determinations of exchange rate amended by adding at the end the following: misalignments which, in turn, rely on the ‘‘(2) SCHEDULE CONTENT.—Such implemen- ‘‘(j) OFFICE OF DERIVATIVES.— concept of the output gap. tation schedule shall— ‘‘(1) OFFICE ESTABLISHED.—There is estab- ‘‘(A) set forth a schedule for the publica- (9) Negative output gaps are typically con- lished within the Commission the Office of tion of final rules required by this title, ex- sistent with unemployed labor resources. Derivatives (referred to in this subsection as cept that, unless otherwise specifically pro- The more negative the gap, the larger tends the ‘Office’)— vided by a provision of this title, the rules to be the unemployment rate and the greater ‘‘(A) to administer the rules of the Com- required by subsection (d)(1) shall be adopted the need for job creation. mission with respect to security-based swaps before any other required rules; (10) Negative output gaps for the United and, as necessary, to make recommendations ‘‘(B) set forth a schedule for the effective States mean the difference between the ac- to the Commission for new rules or changes dates for provisions of this title, including tual gross domestic product and ‘‘potential to existing rules with respect to security- provisions that require a rulemaking and gross domestic product’’. based swaps; provisions that do not require a rulemaking; (b) DEFINITIONS.—In this section: ‘‘(B) to coordinate oversight of the market ‘‘(C) take into consideration— (1) OUTPUT GAP COMPUTED BY THE CBO.—The for swaps and security-based swaps, partici- ‘‘(i) a quantitative analysis of the effects of term ‘‘output gap computed by the Congres- pants in that market, and infrastructure this title on United States economic growth sional Budget Office’’ means the difference, providers for that market with other rel- and job creation; computed by the Congressional Budget Of- evant domestic and international regulators; ‘‘(ii) the implications of this title for cross- fice, between actual gross domestic product and border activity by, and international com- and the Congressional Budget Office’s meas- ‘‘(C) to monitor developments in the mar- petitiveness of, United States financial insti- ure of potential gross domestic product. ket for swaps and security-based swaps. tutions, companies, and investors; (2) POTENTIAL GROSS DOMESTIC PRODUCT.— ‘‘(2) DIRECTOR OF THE OFFICE.—The head of ‘‘(iii) whether and how the definitional, The term ‘‘potential gross domestic product’’ the Office shall be the Director, who shall re- clearing, trading, reporting, recordkeeping, means the Congressional Budget Office’s es- port to the Director of the Division of Trad- real-time reporting, registration, capital, timate of ‘‘full-employment’’ gross domestic ing and Markets and the Director of Risk, margin, business conduct, position limits product, according to the Congressional Strategy, and Financial Innovation. and other requirements of this title work to- Budget Office’s definition of full-employ- ‘‘(3) STAFFING.— gether, and how they affect market depth ment as taken from statistical procedures ‘‘(A) IN GENERAL.—The Office shall be and liquidity; and grounded in economic theory. staffed by persons transferred in accordance ‘‘(iv) the implications of any lack of har- (3) UNEMPLOYMENT RATE.—The term ‘‘un- with subparagraph (B), including persons monization by the Securities and Exchange employment rate’’ means the U-3 measure as having knowledge of and expertise in the Commission, the Commodity Futures Trad- computed by the Bureau of Labor Statistics, uses for, trading in, execution of, and clear- ing Commission, and the prudential regu- which is the total number of unemployed as ing of swaps and security-based swaps. lators with respect to the timing and the a percentage of the civilian labor force as re- ‘‘(B) TRANSFERS.—The Director of the Of- substance of their rules. ported in the Bureau of Labor Statistic’s fice of Derivatives, the Director of the Divi- ‘‘(h) ORDERLY IMPLEMENTATION AUTHOR- Current Population Survey (commonly sion of Trading and Markets, the Director of known as the ‘‘Household Survey’’). ITY.—Notwithstanding any other provision of Risk, Strategy, and Financial Innovation, law, the Commodity Futures Trading Com- (c) DAVIS-BACON AND MCNAMARA-O’HARA and the Director of the Office of Compliance, mission, the Securities and Exchange Com- NOT APPLICABLE.— Inspections, and Examinations shall jointly mission and the prudential regulators, by (1) IN GENERAL.—No Federal funds shall be identify employees to be transferred from rule, regulation, or order, may conditionally used to administer or enforce the wage-rate the Division of Trading and Markets, the Di- or unconditionally exempt any person, swap, requirements of subchapter IV of chapter 31 vision of Risk, Strategy, and Financial Inno- security-based swap, activity, or trans- of part A of subtitle II of title 40, United vation, and the Office of Compliance, Inspec- action, or any class or classes of persons, States Code (commonly referred to as the tions, and Examinations, respectively, to the swaps, security-based swaps, activities, or ‘‘Davis-Bacon Act’’), or of the Service Con- Office of Derivatives, in numbers sufficient transactions, from any provision or provi- tract Act of 1965 (Public Law 89-286; com- to carry out fully the requirements of this sions of this title administered thereby, or monly referred to as the ‘‘McNamara-O’Hara subsection. any rule or regulation thereunder, to the ex- Service Contract Act’’), with respect to any ‘‘(4) ENFORCEMENT.—The Division of En- tent that such exemption is necessary or ap- project or program funded by the United forcement shall consult with the Office be- propriate in the public interest and is in fur- States, during any calendar quarter fol- fore presenting a recommendation with re- therance of the objectives of this title, such lowing a calendar quarter for which the out- spect to security-based swaps to the Com- as the orderly implementation and inter- put gap computed by the Congressional mission. national harmonization of the timing and Budget Office is negative or the unemploy- ‘‘(5) INSPECTIONS AND EXAMINATIONS.—A substance of derivatives regulatory reform.’’. ment rate as computed by the Bureau of representative of the Office shall be afforded (2) EFFECTIVE DATES.—Title VII of the Labor Statistics averages five percent or the opportunity to participate in any inspec- Dodd–Frank Wall Street Reform and Con- more, until such time as the Congressional tion or examination of a security-based swap sumer Protection Act (Public Law 111–203, Budget Office makes the determinations dealer, major security-based swap partici- 124 Stat. 1641) is amended— under paragraph (2). pant, security-based swap data repository, or (A) in section 754 (7 U.S.C. 7a note), by (2) FUTURE APPLICATION.—The limitation clearing agency that clears security-based striking ‘‘the later of’’ and all that follows provided for in paragraph (1) shall cease to swaps. through the period and inserting ‘‘the dates apply and the wage-rate requirements de- ‘‘(6) ANNUAL REPORT.—On or before the specified in the implementation schedule scribed in paragraph (1) shall apply begin- date that is one year after the Office is es- adopted pursuant to section 712(g).’’; and ning in the first calendar quarter that fol- tablished and annually thereafter, the Direc- (B) in section 774 (15 U.S.C. 77b note), by lows four or more consecutive calendar quar- tor shall submit to the Chairman and publish striking ‘‘the later of’’ and all that follows ters of non-negative output gaps as com- on the public website of the Commission a through the period and inserting ‘‘the dates puted by the Congressional Budget Office report that describes the activities of the Of- specified in the implementation schedule and four or more consecutive quarters of av- fice during the preceding year, and the devel- adopted pursuant to section 712(g).’’. erage unemployment rates that are below opments in the swaps and security-based (c) CLARIFICATION OF END USER STATUS.— the level of the unemployment rate deemed swaps market.’’ (1) END USERS OF SWAPS.— consistent with the Congressional Budget Of- (b) ORDERLY IMPLEMENTATION OF DERIVA- (A) MARGIN REQUIREMENTS.—Section 4s(e) fice’s estimate of full employment. TIVES PROVISIONS.— of the Commodity Exchange Act (7 U.S.C. (1) REVIEW OF REGULATORY AUTHORITY.— 6s(e)), as added by section 731 of the Dodd- SA 685. Mr. CRAPO (for himself, Mr. Section 712 of the Dodd-Frank Wall Street Frank Wall Street Reform and Consumer JOHANNS, Mr. SHELBY, Mr. VITTER, Mr. Reform and Consumer Protection Act (15 Protection Act, is amended by adding at the TOOMEY, Mr. MORAN, and Mr. KIRK) U.S.C. 8302) is amended— end the following: submitted an amendment intended to (A) in each of subsections (a)(3) and (e), by ‘‘(4) APPLICABILITY WITH RESPECT TO striking ‘‘360’’ each place that term appears COUNTERPARTIES.—The margin requirements be proposed by him to the bill S. 1619, and inserting ‘‘720’’; and of this subsection shall not apply to a swap to provide for identification of mis- (B) by adding at the end the following: in which 1 of the counterparties is not— aligned currency, require action to cor- ‘‘(g) ORDERLY IMPLEMENTATION SCHED- ‘‘(A) a swap dealer or major swap partici- rect the misalignment, and for other ULE.— pant;

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.040 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6108 CONGRESSIONAL RECORD — SENATE October 4, 2011 ‘‘(B) an investment fund that— ‘‘(II) whose outstanding security-based modity Futures Trading Commission and the ‘‘(i) has issued securities (other than debt swaps create substantial net uncollateralized Securities and Exchange Commission may securities) to more than 5 unaffiliated per- counterparty exposure that could have seri- jointly issue such rules as are necessary to sons; ous adverse effects on the financial stability prohibit transactions or activities, or classes ‘‘(ii) would be an investment company (as of the United States banking system or fi- of transactions or activities conducted out- defined in section 3 of the Investment Com- nancial markets;’’. side of the United States that the agencies pany Act of 1940 (15 U.S.C. 80a–3)) but for (C) EFFECTIVE DATE.—The amendments find— paragraph (1) or (7) of subsection (c) of that made by this paragraph shall have the same ‘‘(1) have no valid business purpose; section; and effective date as provided in section 774 of ‘‘(2) are structured with the sole purpose of ‘‘(iii) is not primarily invested in physical the Dodd–Frank Wall Street Reform and evading the requirements of this title; and assets (including commercial real estate) di- Consumer Protection Act, as amended by ‘‘(3) might reasonably be expected to have rectly or through an interest in an affiliate this Act. a serious adverse effect on the stability of that owns the physical assets; (d) TREATMENT OF AFFILIATE TRANS- the United States financial system. ‘‘(C) a regulated entity, as defined in sec- ACTIONS.—Title VII of the Dodd–Frank Wall ‘‘(c) EXCEPTION.—Subsection (a) shall not tion 1303 of the Federal Housing Enterprises Street Reform and Consumer Protection Act apply to any provision of this title prohib- Financial Safety and Soundness Act of 1992 (15 U.S.C. 8301 et seq.) is amended by insert- iting fraud or manipulation or any rule or (12 U.S.C. 4502); or ing after section 713 (15 U.S.C. the following regulation thereunder.’’. ‘‘(D) a commodity pool that is predomi- new section: nantly invested in any combination of com- ‘‘SEC. 713A. TREATMENT OF AFFILIATE TRANS- SA 686. Mr. DEMINT submitted an modities, commodity swaps, commodity op- ACTIONS. amendment intended to be proposed by ‘‘(a) IN GENERAL.—An agreement, contract, tions, or commodity futures. him to the bill S. 1619, to provide for or transaction that would otherwise be a ‘‘(5) MARGIN TRANSITION RULES.—Swaps en- identification of misaligned currency, swap or security-based swap, and that is en- tered into before the date on which final tered into by a party that is controlling, require action to correct the misalign- rules under section 712(e) of the Dodd-Frank controlled by, or under common control with ment, and for other purposes; which Wall Street Reform and Consumer Protec- its counterparty shall not be deemed to be a was ordered to lie on the table; as fol- tion Act (15 U.S.C. 8302(e)) become effective ‘swap’ or ‘security-based swap’ for purposes lows: shall be exempt from the margin require- of this Act. ments under this subsection.’’. At the appropriate place, insert the fol- ‘‘(b) REPORTING.—All agreements, con- lowing: (B) MAJOR SWAP PARTICIPANT.—Section tracts, or transactions described in sub- SEC. ll. GOLD AND SILVER COINS THAT ARE 1a(33)(A) of the Commodity Exchange Act (7 section (a) shall be reported to either a swap U.S.C. 1a(33)(A)) is amended by striking LEGAL TENDER NOT SUBJECT TO data repository, or, if there is no swap data TAXATION. clause (ii) and inserting the following: repository that would accept such trans- (a) IN GENERAL.—Gold and silver coins de- ‘‘(ii) whose outstanding swaps create sub- action reports, to the Commission pursuant clared legal tender by the Federal Govern- stantial net uncollateralized counterparty to sections 729 and 766. within such time pe- ment or any State government shall not be exposure that could have serious adverse ef- riod as the Commission may prescribe by subject to taxation. fects on the financial stability of the United rule or regulation.’’. (b) CONFORMING AMENDMENT.—Section States banking system or financial markets; (e) INTERNATIONAL COMPETITIVENESS AND 1(h)(5) of the Internal Revenue Code of 1986 is or’’. HARMONIZATION.— amended— (C) EFFECTIVE DATE.—The amendments (1) STUDY ON INTERNATIONAL SWAP REGULA- (1) by striking ‘‘(as defined in section made by subsection (a) shall have the same TION.—Section 719(c)(2) of the Dodd-Frank 408(m) without regard to paragraph (3) there- effective date as provided in section 754 of Wall Street Reform and Consumer Protec- of)’’ in subparagraph (A), and the Dodd–Frank Wall Street Reform and tion Act (15 U.S.C. 8307(c)(2)) is amended— (2) by adding at the end the following new Consumer Protection Act, as amended by (A) by striking ‘‘18’’ and inserting ‘‘30’’; subparagraph: section 1(b) of this Act. (B) in subparagraph (C), by striking ‘‘and’’ ‘‘(C) COLLECTIBLE.—For purposes of this (2) END USERS OF SECURITY-BASED SWAPS.— at the end; paragraph, the term ‘collectible’ has the (A) MARGIN REQUIREMENTS.—Section 15F(e) (C) in subparagraph (D), by striking the pe- meaning given such term by section 408(m), of the Securities Exchange Act of 1934 (15 riod at the end and inserting ‘‘; and’’; and determined without regard to subparagraphs U.S.C. 780–10(e)), as added by section 764 of (D) by adding at the end the following: (A)(iii), (A)(iv), and (B).’’. the Dodd-Frank Wall Street Reform and ‘‘(E) an analysis of the progress of mem- (c) EFFECTIVE DATE.—The provisions of, Consumer Protection Act, is amended by bers of the Group of 20 and other countries and amendments made by, this section shall adding at the end the following: toward implementing derivatives regulatory take effect on the date of the enactment of ‘‘(4) APPLICABILITY WITH RESPECT TO reform, including material differences in the this Act. COUNTERPARTIES.—The margin requirements schedule for implementation (as well as ma- of this subsection shall not apply to a secu- terial differences in definitions, clearing, SA 687. Mr. DEMINT submitted an rity-based swap in which 1 of the counterpar- trading, reporting, registration, capital, amendment intended to be proposed by ties is not— margin, business conduct, and position lim- him to the bill S. 1619, to provide for ‘‘(A) a security-based swap dealer or major its) and their possible and likely effects on identification of misaligned currency, security-based swap participant; United States competitiveness, market li- require action to correct the misalign- ‘‘(B) an investment fund that would be an quidity, and financial stability.’’. investment company (as defined in section 3 (2) APPLICABILITY.—The Dodd-Frank Wall ment, and for other purposes; which of the Investment Company Act of 1940 (15 Street Reform and Consumer Protection Act was ordered to lie on the table; as fol- U.S.C. 80a–3)), but for paragraph (1) or (7) of is amended by inserting after section 719 the lows: section 3(c) of that Act (15 U.S.C. 80a–3(c)), following new section: At the appropriate place, insert the fol- that is not primarily invested in physical as- ‘‘SEC. 719A. APPLICABILITY. lowing: sets (including commercial real estate) di- ‘‘(a) IN GENERAL.—Subject to subsections SEC. ll. REPEAL OF THE DODD-FRANK WALL rectly or through interest in its affiliates (b) and (c), and notwithstanding any other STREET REFORM AND CONSUMER that own such assets; provision of this title, no activities con- PROTECTION ACT. ‘‘(C) a regulated entity, as defined in sec- ducted outside of the United States between The Dodd-Frank Wall Street Reform and tion 1303 of the Federal Housing Enterprises counterparties established under the laws of Consumer Protection Act (Public Law 111– Financial Safety and Soundness Act of 1992 any jurisdiction outside of the United States 203) is repealed, and the provisions of law (12 U.S.C. 4502); or (including a non-United States branch of a amended by such Act are revived or restored ‘‘(D) a commodity pool that is predomi- United States entity licensed and recognized as if such Act had not been enacted. nantly invested in any combination of com- under local law outside of the United States) modities, commodity swaps, commodity op- shall be considered— SA 688. Mr. DEMINT submitted an tions or commodity futures. ‘‘(1) to have a direct and significant con- amendment intended to be proposed by ‘‘(5) MARGIN TRANSITION RULES.—Security- nection with activities in, or effect on, com- him to the bill S. 1619, to provide for based swaps entered into before the date on merce of the United States; identification of misaligned currency, which final rules under section 712(e) of the ‘‘(2) to constitute a business within the ju- require action to correct the misalign- Dodd–Frank Wall Street Reform and Con- risdiction of the United States; or ment, and for other purposes; which sumer Protection Act become effective are ‘‘(3) to constitute evasion of any provision was ordered to lie on the table; as fol- exempt from the margin requirements of of this title, unless those activities con- this subsection.’’. travene such rules as may be adopted by the lows: (B) MAJOR SECURITY-BASED SWAP PARTICI- Commodity Futures Trading Commission At the appropriate place, insert the fol- PANT.—Section 3(a)(67)(A)(ii)(II) of the Secu- and the Securities and Exchange Commis- lowing: rities Exchange Act of 1934 (15 U.S.C. sion pursuant to subsection (b). SEC. ll. NULLIFICATION OF FINAL RULE. 78c(a)(67)(A)(ii)(II)), is amended to read as ‘‘(b) RULEMAKING.—After completing the As of the date of enactment of this Act, the follows: report required by section 719(c)(2), the Com- final rule entitled ‘‘Use of Ozone-Depleting

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.041 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6109 Substances; Removal of Essential-Use Des- the Internal Revenue Code of 1986 is amended rials, or some combination of those mate- ignation (Epinephrine)’’ (73 Fed. Reg. 69532 by striking ‘‘85 percent’’ and inserting ‘‘85.7 rials. (November 19, 2008)) shall have no force or ef- percent’’. ‘‘(b) APPLICABILITY.—Except as provided in fect. (b) PERMANENT EXTENSION TO ELECT REPA- subsection (c), this Act does not apply to, TRIATION.—Subsection (f) of section 965 of the and references in this Act to particulate SA 689. Mr. DEMINT submitted an Internal Revenue Code of 1986 is amended to matter are deemed to exclude, nuisance dust. amendment intended to be proposed by read as follows: ‘‘(c) EXCEPTION.—Subsection (b) does not him to the bill S. 1619, to provide for ‘‘(f) ELECTION.—The taxpayer may elect to apply with respect to any geographical area identification of misaligned currency, apply this section to any taxable year only if in which nuisance dust is not regulated require action to correct the misalign- made on or before the due date (including ex- under State, tribal, or local law to the ex- tensions) for filing the return of tax for such tent that the Administrator finds that— ment, and for other purposes; which taxable year.’’. ‘‘(1) nuisance dust (or any subcategory of was ordered to lie on the table; as fol- (c) REPATRIATION INCLUDES CURRENT AND nuisance dust) causes substantial adverse lows: ACCUMULATED FOREIGN EARNINGS.— public health and welfare effects at ambient At the appropriate place, insert the fol- (1) IN GENERAL.—Paragraph (1) of section concentrations; and lowing: 965(b) of the Internal Revenue Code of 1986 is ‘‘(2) the benefits of applying standards and SEC. ll. EMPLOYEE FREE CHOICE. amended to read as follows: other requirements of this Act to nuisance (a) AMENDMENTS TO THE NATIONAL LABOR ‘‘(1) IN GENERAL.—The amount of dividends dust (or such a subcategory of nuisance dust) RELATIONS ACT.— taken into account under subsection (a) shall outweigh the costs (including local and re- (1) RIGHTS OF EMPLOYEES.—Section 7 of the not exceed the sum of the current and accu- gional economic and employment impacts) National Labor Relations Act (29 U.S.C. 157) mulated earnings and profits described in of applying those standards and other re- is amended by striking ‘‘except to’’ and all section 959(c)(3) for the year a deduction is quirements to nuisance dust (or such a sub- that follows through ‘‘authorized in section claimed under subsection (a), without dimi- category).’’. 8(a)(3)’’. nution by reason of any distributions made SEC. ll03. TEMPORARY PROHIBITION AGAINST (2) UNFAIR LABOR PRACTICES.—Section 8 of during the election year, for all controlled REVISING ANY NATIONAL AMBIENT the National Labor Relations Act (29 U.S.C. foreign corporations of the United States AIR QUALITY STANDARD APPLICA- 158) is amended— shareholder.’’. BLE TO COARSE PARTICULATE MAT- (A) in subsection (a)(3), by striking ‘‘: Pro- (2) CONFORMING AMENDMENTS.— TER. vided, That’’ and all that follows through (A) Section 965(b) of such Code is amended Before the date that is 1 year after the ‘‘retaining membership’’; by striking paragraphs (2) and (4) and by re- date of enactment of this Act, the Adminis- (B) in subsection (b)— designating paragraph (3) as paragraph (2). trator of the Environmental Protection (i) in paragraph (2), by striking ‘‘or to dis- (B) Section 965(c) of such Code is amended Agency may not propose, finalize, imple- criminate’’ and all that follows through ‘‘re- by striking paragraphs (1) and (2) and by re- ment, or enforce any regulation revising the taining membership’’; and designating paragraphs (3), (4), and (5) as national primary ambient air quality stand- (ii) in paragraph (5), by striking ‘‘covered paragraphs (1), (2), and (3), respectively. ard or the national secondary ambient air by an agreement authorized under sub- (C) Paragraph (3) of section 965(c) of such quality standard applicable to particulate section (a)(3) of this section’’; and Code, as redesignated by subparagraph (B), is matter with an aerodynamic diameter great- (C) in subsection (f), by striking clause (2) amended to read as follows: er than 2.5 micrometers under section 109 of and redesignating clauses (3) and (4) as ‘‘(3) CONTROLLED GROUPS.—All United the Clean Air Act (42 U.S.C. 7409). clauses (2) and (3), respectively. States shareholders which are members of an (b) AMENDMENT TO THE RAILWAY LABOR affiliated group filing a consolidated return SA 693. Mr. WEBB submitted an ACT.—Section 2 of the Railway Labor Act (45 under section 1501 shall be treated as one amendment intended to be proposed by U.S.C. 152) is amended by striking paragraph United States shareholder.’’. him to the bill S. 1619, to provide for Eleven. (d) CLERICAL AMENDMENTS.— identification of misaligned currency, (1) The heading for section 965 of the Inter- require action to correct the misalign- SA 690. Mr. DEMINT submitted an nal Revenue Code of 1986 is amended by ment, and for other purposes; which amendment intended to be proposed by striking ‘‘TEMPORARY’’. was ordered to lie on the table; as fol- him to the bill S. 1619, to provide for (2) The table of sections for subpart F of lows: identification of misaligned currency, part III of subchapter N of chapter 1 of such require action to correct the misalign- Code is amended by striking ‘‘Temporary At the end, add the following: dividends’’ and inserting ‘‘Dividends’’. ment, and for other purposes; which SEC. 16. PROHIBITION ON TRANSFER OF PROPRI- (e) EFFECTIVE DATE.—The amendments ETARY TECHNOLOGY AND INTEL- was ordered to lie on the table; as fol- made by this section shall apply to taxable LECTUAL PROPERTY DEVELOPED lows: years ending after the date of the enactment WITH FUNDING PROVIDED BY THE On page 5, between lines 9 and 10, insert of this Act. UNITED STATES GOVERNMENT TO the following: ENTITIES OF CERTAIN COUNTRIES. (4) A description of currency intervention SA 692. Mr. JOHANNS submitted an (a) IN GENERAL.—Notwithstanding any by the United States that includes an assess- amendment intended to be proposed by other provision of law, a United States com- mercial entity may not transfer to any enti- ment, based on factors that include eco- him to the bill S. 1619, to provide for nomic growth, job creation, inflation, and ty described in subsection (b) any propri- identification of misaligned currency, etary technology or intellectual property commodities prices, of the effects in the require action to correct the misalign- United States and internationally of actions that was researched, developed, or commer- taken by the Board of Governors of the Fed- ment, and for other purposes; which cialized using a contract, grant, loan, loan eral Reserve System and the Federal Open was ordered to lie on the table; as fol- guarantee, or other financial assistance pro- Market Committee, including— lows: vided or awarded by the United States Gov- (A) significantly increasing in the size of At the end, add the following: ernment. the Federal Reserve’s balance sheet; (b) ENTITIES DESCRIBED.— TITLE ll—FARM DUST REGULATION (1) IN GENERAL.—An entity described in (B) conducting multiple rounds of quan- PREVENTION titative easing; and this subsection is an entity— SEC. ll01. SHORT TITLE. (C) maintaining exceptionally low interest (A) owned or controlled by the government This title may be cited as the ‘‘Farm Dust rates for an extended period of time. of a country described in paragraph (2); or Regulation Prevention Act of 2011’’. (B) in which citizens of such a country hold SA 691. Mr. LEE submitted an SEC. ll02. NUISANCE DUST. interests representing at least 5 percent of amendment intended to be proposed by Part A of title I of the Clean Air Act (42 the capital structure of the entity. him to the bill S. 1619, to provide for U.S.C. 7401 et seq.) is amended by adding at (2) COUNTRIES DESCRIBED.—A country de- the end the following: scribed in this paragraph is a country in identification of misaligned currency, ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- which, by law, practice, or policy, any require action to correct the misalign- MARILY BY STATE, TRIBAL, AND United States entity is required to transfer ment, and for other purposes; which LOCAL GOVERNMENTS. proprietary technology or intellectual prop- was ordered to lie on the table; as fol- ‘‘(a) DEFINITION OF NUISANCE DUST.—In this erty as a condition of doing business in that lows: section, the term ‘nuisance dust’ means par- country. At the end, add the following: ticulate matter— (c) WAIVER.—The Secretary of Commerce SEC. lll. MODIFICATION AND PERMANENT EX- ‘‘(1) generated from natural sources, un- may waive the prohibition in subsection (a) TENSION OF THE INCENTIVES TO paved roads, agricultural activities, earth with respect to a transfer of proprietary REINVEST FOREIGN EARNINGS IN moving, or other activities typically con- technology or intellectual property if the THE UNITED STATES. ducted in rural areas; or Secretary determines that the transfer (a) REPATRIATION SUBJECT TO 5 PERCENT ‘‘(2) consisting primarily of soil, windblown would not compromise the economic inter- TAX RATE.—Subsection (a)(1) of section 965 of dust, or other natural or biological mate- ests or competitiveness of the United States.

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(d) APPLICABILITY.—This section applies SEC. ll. AMENDMENTS TO THE FEDERAL RE- (4) Since 1980, Federal agencies have been with respect to the transfer on or after the SERVE ACT. required to recognize and take account of date of the enactment of this Act of any pro- (a) MAINTENANCE OF LONG RUN GROWTH; the differences in the scale and resources of prietary technology or intellectual property PRICE STABILITY AND LOW INFLATION.—Sec- regulated entities, but in many instances developed before, on, or after such date of en- tion 2A of the Federal Reserve Act (12 U.S.C. have failed to do so. actment. 225a) is amended— (5) In 2009, there were nearly 70,000 pages in (e) REGULATIONS.—The Secretary of Com- (1) by striking ‘‘maximum employment, the Federal Register, and, according to re- merce, in consultation with other relevant stable prices,’’ and inserting ‘‘long-term search by the Office of Advocacy of the Federal agencies, shall prescribe such regu- price stability, a low rate of inflation,’’; and Small Business Administration, the annual lations as may be necessary to carry out this (2) by at the end the following: ‘‘The Board cost of Federal regulations totals section. shall establish an explicit numerical defini- $1,750,000,000,000. Small firms bear a dis- (f) UNITED STATES COMMERCIAL ENTITY DE- tion of the term ‘long-term price stability’ proportionate burden, paying approximately FINED.—In this section, the term ‘‘United and shall maintain monetary policy that ef- 36 percent more per employee than larger States commercial entity’’ means a commer- fectively promotes such long-term price sta- firms in annual regulatory compliance costs. cial entity organized under the laws of the bility.’’. (6) All agencies in the Federal Government United States or any jurisdiction within the (b) RULE OF CONSTRUCTION.—The amend- should fully consider the costs, including in- United States. ments made by subsection (a) shall not be direct economic impacts and the potential construed as a limitation on the authority or for job loss, of proposed rules, periodically SA 694. Mr. REID proposed an amend- responsibility of the Board of Governors of review existing regulations to determine ment to the bill S. 1619, to provide for the Federal Reserve System— their impact on small entities, and repeal identification of misaligned currency, (1) to provide liquidity to markets in the regulations that are unnecessarily duplica- event of a disruption that threatens the tive or have outlived their stated purpose. require action to correct the misalign- smooth functioning and stability of the fi- ment, and for other purposes; as fol- (7) It is the intention of Congress to amend nancial sector; or chapter 6 of title 5, United States Code, to lows: (2) to serve as a lender of last resort under ensure that all impacts, including foresee- At the end, add the following new section: the Federal Reserve Act when the Board de- able indirect effects, of proposed and final SECTION ll. EFFECTIVE DATE. termines such action is necessary. rules are considered by agencies during the The provisions of this Act shall become ef- (c) CONGRESSIONAL OVERSIGHT.—The Board rulemaking process and that the agencies as- fective 3 days after enactment. of Governors of the Federal Reserve System sess a full range of alternatives that will shall, concurrent with each semiannual hear- limit adverse economic consequences, en- SA 695. Mr. REID proposed an amend- ing to Congress, submit a written report to hance economic benefits, and fully address ment to amendment SA 694 proposed the Congress containing— potential job loss. (1) numerical measures to help Congress lll by Mr. REID to the bill S. 1619, to pro- assess the extent to which the Board and the SEC. 3. INCLUDING INDIRECT ECONOMIC vide for identification of misaligned IMPACT IN SMALL ENTITY ANAL- Federal Open Market Committee are achiev- YSES. currency, require action to correct the ing and maintaining a legitimate definition misalignment, and for other purposes; Section 601 of title 5, United States Code, of the term long-term price stability, as such is amended by adding at the end the fol- as follows: term is defined or modified pursuant to the lowing: In the amendment, strike ‘‘3 days’’, insert second sentence of section 2A of the Federal ‘‘(9) the term ‘economic impact’ means, ‘‘2 days’’. Reserve Act (as added by this Act); with respect to a proposed or final rule— (2) a description of the intermediate vari- ‘‘(A) the economic effects on small entities SA 696. Mr. REID proposed an amend- ables used by the Board to gauge the pros- directly regulated by the rule; and ment to the bill S. 1619, to provide for pects for achieving the objective of long- ‘‘(B) the reasonably foreseeable economic identification of misaligned currency, term price stability; and effects of the rule on small entities that— (3) the definition, or any modifications require action to correct the misalign- ‘‘(i) purchase products or services from, thereto, of the term long-term price sta- sell products or services to, or otherwise con- ment, and for other purposes; as fol- bility, as such term is defined or modified lows: duct business with entities directly regu- pursuant to the second sentence of section lated by the rule; At the end, add the following new section: 2A of the Federal Reserve Act (as added by ‘‘(ii) are directly regulated by other gov- SECTION ll. EFFECTIVE DATE. this section). ernmental entities as a result of the rule; or The provisions of this Act shall become ef- Ms. SNOWE (for herself and ‘‘(iii) are not directly regulated by the fective 6 days after enactment. SA 700. agency as a result of the rule but are other- Mr. COBURN) submitted an amendment wise subject to other agency regulations as a SA 697. Mr. REID proposed an amend- intended to be proposed by her to the result of the rule.’’. ment to amendment SA 696 proposed bill S. 1619, to provide for identification SEC. lll4. JUDICIAL REVIEW TO ALLOW SMALL by Mr. REID to the bill S. 1619, to pro- of misaligned currency, require action ENTITIES TO CHALLENGE PRO- vide for identification of misaligned to correct the misalignment, and for POSED REGULATIONS. currency, require action to correct the other purposes; which was ordered to Section 611(a) of title 5, United States misalignment, and for other purposes; lie on the table; as follows: Code, is amended— (1) in paragraph (1), by inserting ‘‘603,’’ At the end, add the following: as follows: after ‘‘601,’’; In the amendment, strike ‘‘6 days’’ and in- TITLE ll—FREEDOM FROM RESTRIC- (2) in paragraph (2), by inserting ‘‘603,’’ sert ‘‘5 days’’. TIVE EXCESSIVE EXECUTIVE DEMANDS after ‘‘601,’’; AND ONEROUS MANDATES (3) by striking paragraph (3) and inserting SA 698. Mr. REID proposed an amend- SEC. lll1. SHORT TITLE. the following: ment to amendment SA 697 proposed This title may be cited as the ‘‘Freedom ‘‘(3) A small entity may seek such review by Mr. REID to the amendment SA 696 from Restrictive Excessive Executive De- during the 1-year period beginning on the proposed by Mr. REID to the bill S. 1619, mands and Onerous Mandates Act of 2011’’. date of final agency action, except that— to provide for identification of mis- SEC. lll2. FINDINGS. ‘‘(A) if a provision of law requires that an aligned currency, require action to cor- Congress finds the following: action challenging a final agency action be rect the misalignment, and for other (1) A vibrant and growing small business commenced before the expiration of 1 year, sector is critical to the recovery of the econ- the lesser period shall apply to an action for purposes; as follows: omy of the United States. judicial review under this section; and In the amendment, strike ‘‘5 days’’ and in- (2) Regulations designed for application to ‘‘(B) in the case of noncompliance with sec- sert ‘‘4 days’’. large-scale entities have been applied uni- tion 603 or 605(b), a small entity may seek ju- formly to small businesses and other small dicial review of agency compliance with such SA 699. Mr. CORKER submitted an entities, sometimes inhibiting the ability of section before the close of the public com- amendment intended to be proposed by small entities to create new jobs. ment period.’’; and him to the bill S. 1619, to provide for (3) Uniform Federal regulatory and report- (4) in paragraph (4)— identification of misaligned currency, ing requirements in many instances have im- (A) in subparagraph (A), by striking ‘‘, require action to correct the misalign- posed on small businesses and other small and’’ and inserting a semicolon; ment, and for other purposes; which entities unnecessary and disproportionately (B) in subparagraph (B), by striking the pe- burdensome demands, including legal, ac- riod and inserting ‘‘; or’’; and was ordered to lie on the table; as fol- counting, and consulting costs, thereby (C) by adding at the end the following: lows: threatening the viability of small entities ‘‘(C) issuing an injunction prohibiting an At the appropriate place, insert the fol- and the ability of small entities to compete agency from taking any agency action with lowing: and create new jobs in a global marketplace. respect to a rulemaking until that agency is

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.043 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6111 in compliance with the requirements of sec- ‘‘(7) the length of time since the rule has dressed the issues identified in the notice; tion 603 or 605.’’. been evaluated, or the degree to which tech- and SEC. lll5. PERIODIC REVIEW. nology, economic conditions, or other fac- ‘‘(C) Not later than 30 days after the date Section 610 of title 5, United States Code, tors have changed in the area affected by the on which the Inspector General for an agen- is amended to read as follows: rule; and cy transmits a notice under subparagraph ‘‘§ 610. Periodic review of rules ‘‘(8) the economic impact of the rule, in- (B)(ii), an amount equal to 1 percent of the amount appropriated for the fiscal year to ‘‘(a)(1) Not later than 180 days after the cluding— the appropriations account of the agency date of enactment of the Freedom from Re- ‘‘(A) the estimated number of small enti- that is used to pay salaries shall be re- strictive Excessive Executive Demands and ties to which the rule will apply; scinded. Onerous Mandates Act of 2011, each agency ‘‘(B) the estimated number of small entity jobs that will be lost or created due to the ‘‘(D) Nothing in this paragraph may be shall establish a plan for the periodic review construed to prevent Congress from acting to of— rule; and ‘‘(C) the projected reporting, record- prevent a rescission under subparagraph ‘‘(A) each rule issued by the agency that (C).’’. the head of the agency determines has a sig- keeping, and other compliance requirements of the proposed rule, including— SEC. lll6. REQUIRING SMALL BUSINESS RE- nificant economic impact on a substantial VIEW PANELS FOR ADDITIONAL number of small entities, without regard to ‘‘(i) an estimate of the classes of small en- AGENCIES. whether the agency performed an analysis tities that will be subject to the require- (a) AGENCIES.—Section 609 of title 5, United under section 604 with respect to the rule; ment; and States Code, is amended— and ‘‘(ii) the type of professional skills nec- (1) in subsection (b)— ‘‘(B) any small entity compliance guide re- essary for preparation of the report or (A) by striking ‘‘a covered agency’’ the quired to be published by the agency under record. first place it appears and inserting ‘‘an agen- section 212 of the Small Business Regulatory ‘‘(d)(1) Each agency shall submit an annual cy designated under subsection (d)’’; and Enforcement Fairness Act of 1996 (5 U.S.C. report regarding the results of the review re- (B) by striking ‘‘a covered agency’’ each 601 note). quired under subsection (a) to— place it appears and inserting ‘‘the agency’’; ‘‘(2) In reviewing rules and small entity ‘‘(A) Congress; and (2) by striking subsection (d), as amended compliance guides under paragraph (1), the ‘‘(B) in the case of an agency that is not an by section 1100G(a) of Public Law 111–203 (124 agency shall determine whether the rules independent regulatory agency (as defined in Stat. 2112), and inserting the following: and guides should— section 3502(5) of title 44), the Administrator ‘‘(d)(1) On and after the date of enactment ‘‘(A) be amended or rescinded, consistent of the Office of Information and Regulatory of the Freedom from Restrictive Excessive with the stated objectives of applicable stat- Affairs of the Office of Management and Executive Demands and Onerous Mandates utes, to minimize any significant adverse Budget. Act of 2011, the Environmental Protection economic impacts on a substantial number ‘‘(2) Each report required under paragraph Agency, the Occupational Safety and Health of small entities (including an estimate of (1) shall include a description of any rule or Administration of the Department of Labor, any adverse impacts on job creation and em- guide with respect to which the agency made and the Bureau of Consumer Financial Pro- ployment by small entities); or a determination of infeasibility under para- tection shall be— ‘‘(B) continue in effect without change. graph (5) or (6) of subsection (c), together ‘‘(A) agencies designated under this sub- ‘‘(3) Each agency shall publish the plan es- with a detailed explanation of the reasons section; and tablished under paragraph (1) in the Federal for the determination. ‘‘(B) subject to the requirements of sub- Register and on the Web site of the agency. ‘‘(e) Each agency shall publish in the Fed- section (b). ‘‘(4) An agency may amend the plan estab- eral Register and on the Web site of the ‘‘(2) The Chief Counsel for Advocacy shall lished under paragraph (1) at any time by agency a list of the rules and small entity designate as agencies that shall be subject to publishing the amendment in the Federal compliance guides to be reviewed under the the requirements of subsection (b) on and Register and on the Web site of the agency. plan required under subsection (a) that in- after the date of the designation— ‘‘(b) Each plan established under sub- cludes— ‘‘(A) 3 agencies for the first year after the section (a) shall provide for— ‘‘(1) a brief description of each rule or date of enactment of the Freedom from Re- ‘‘(1) the review of each rule and small enti- guide; strictive Excessive Executive Demands and ty compliance guide described in subsection ‘‘(2) for each rule, the reason why the head Onerous Mandates Act of 2011; (a)(1) in effect on the date of enactment of of the agency determined that the rule has a ‘‘(B) in addition to the agencies designated the Freedom from Restrictive Excessive Ex- significant economic impact on a substantial under subparagraph (A), 3 agencies for the ecutive Demands and Onerous Mandates Act number of small entities (without regard to second year after the date of enactment of of 2011— whether the agency had prepared a final reg- the Freedom from Restrictive Excessive Ex- ‘‘(A) not later than 9 years after the date of ulatory flexibility analysis for the rule); and ecutive Demands and Onerous Mandates Act publication of the plan in the Federal Reg- ‘‘(3) a request for comments from the pub- of 2011; and ister; and lic, the Chief Counsel for Advocacy of the ‘‘(C) in addition to the agencies designated ‘‘(B) every 9 years thereafter; and Small Business Administration, and the Reg- under subparagraphs (A) and (B), 3 agencies ‘‘(2) the review of each rule adopted and ulatory Enforcement Ombudsman con- for the third year after the date of enact- small entity compliance guide described in cerning the enforcement of the rules or pub- ment of the Freedom from Restrictive Exces- subsection (a)(1) that is published after the lication of the guides. sive Executive Demands and Onerous Man- date of enactment of the Freedom from Re- ‘‘(f)(1) Not later than 6 months after each dates Act of 2011. strictive Excessive Executive Demands and date described in subsection (b)(1), the In- ‘‘(3) The Chief Counsel for Advocacy shall Onerous Mandates Act of 2011— spector General for each agency shall— designate agencies under paragraph (2) based ‘‘(A) not later than 9 years after the publi- ‘‘(A) determine whether the agency has on the economic impact of the rules of the cation of the final rule in the Federal Reg- conducted the review required under sub- agency on small entities, beginning with ister; and section (b) appropriately; and agencies with the largest economic impact ‘‘(B) every 9 years thereafter. ‘‘(B) notify the head of the agency of— on small entities.’’; and ‘‘(c) In reviewing rules under the plan re- ‘‘(i) the results of the determination under (3) in subsection (e)(1), by striking ‘‘the quired under subsection (a), the agency shall subparagraph (A); and covered agency’’ and inserting ‘‘the agency’’. consider— ‘‘(ii) any issues preventing the Inspector (b) TECHNICAL AND CONFORMING AMEND- ‘‘(1) the continued need for the rule; General from determining that the agency MENTS.— ‘‘(2) the nature of complaints received by has conducted the review under subsection (1) SECTION 603.—Section 603(d) of title 5, the agency from small entities concerning (b) appropriately. United States Code, as added by section the rule; ‘‘(2)(A) Not later than 6 months after the 1100G(b) of Public Law 111–203 (124 Stat. 2112), ‘‘(3) comments by the Regulatory Enforce- date on which the head of an agency receives is amended— ment Ombudsman and the Chief Counsel for a notice under paragraph (1)(B) that the (A) in paragraph (1), by striking ‘‘a covered Advocacy of the Small Business Administra- agency has not conducted the review under agency, as defined in section 609(d)(2)’’ and tion; subsection (b) appropriately, the agency inserting ‘‘the Bureau of Consumer Financial ‘‘(4) the complexity of the rule; shall address the issues identified in the no- Protection’’; and ‘‘(5) the extent to which the rule overlaps, tice. (B) in paragraph (2), by striking ‘‘A cov- duplicates, or conflicts with other Federal ‘‘(B) Not later than 30 days after the last ered agency, as defined in section 609(d)(2),’’ rules and, unless the head of the agency de- day of the 6-month period described in sub- and inserting ‘‘The Bureau of Consumer Fi- termines it to be infeasible, State and local paragraph (A), the Inspector General for an nancial Protection’’. rules; agency that receives a notice described in (2) SECTION 604.—Section 604(a) of title 5, ‘‘(6) the contribution of the rule to the cu- subparagraph (A) shall— United States Code, is amended— mulative economic impact of all Federal ‘‘(i) determine whether the agency has ad- (A) by redesignating the second paragraph rules on the class of small entities affected dressed the issues identified in the notice; designated as paragraph (6) (relating to cov- by the rule, unless the head of the agency de- and ered agencies), as added by section termines that such a calculation cannot be ‘‘(ii) notify Congress if the Inspector Gen- 1100G(c)(3) of Public Law 111–203 (124 Stat. made; eral determines that the agency has not ad- 2113), as paragraph (7); and

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(1) by striking subsection (b) and inserting ‘‘(a) A Federal agency shall be deemed to the following: have satisfied a requirement regarding the SEC. lll7. EXPANDING THE REGULATORY ‘‘(b) Each initial regulatory flexibility content of a regulatory flexibility agenda or FLEXIBILITY ACT TO AGENCY GUID- analysis required under this section shall ANCE DOCUMENTS. regulatory flexibility analysis under section contain a detailed statement— 602, 603, or 604, if the Federal agency provides Section 601(2) of title 5, United States ‘‘(1) describing the reasons why action by in the agenda or regulatory flexibility anal- Code, is amended by inserting after ‘‘public the agency is being considered; ysis a cross-reference to the specific portion comment’’ the following: ‘‘and any signifi- ‘‘(2) describing the objectives of, and legal of an agenda or analysis that is required by cant guidance document, as defined in the basis for, the proposed rule; another law and that satisfies the require- Office of Management and Budget Final Bul- ‘‘(3) estimating the number and type of ment under section 602, 603, or 604.’’. letin for Agency Good Guidance Procedures small entities to which the proposed rule (d) CERTIFICATIONS.—Section 605(b) of title (72 Fed. Reg. 3432; January 25, 2007)’’. will apply; 5, United States Code, is amended, in the sec- SEC. lll8. REQUIRING THE INTERNAL REV- ‘‘(4) describing the projected reporting, ond sentence, by striking ‘‘statement pro- ENUE SERVICE TO CONSIDER SMALL recordkeeping, and other compliance re- viding the factual’’ and inserting ‘‘detailed ENTITY IMPACT. quirements of the proposed rule, including statement providing the factual and legal’’. (a) IN GENERAL.—Section 603(a) of title 5, an estimate of the classes of small entities (e) QUANTIFICATION REQUIREMENTS.—Sec- United States Code, is amended, in the fifth which will be subject to the requirement and tion 607 of title 5, United States Code, is sentence, by striking ‘‘but only’’ and all that the type of professional skills necessary for amended to read as follows: follows through the period at the end and in- preparation of the report and record; ‘‘§ 607. Quantification requirements serting ‘‘but only to the extent that such in- ‘‘(5) describing all relevant Federal rules ‘‘In complying with sections 603 and 604, an terpretative rules, or the statutes upon which may duplicate, overlap, or conflict agency shall provide— which such rules are based, impose on small with the proposed rule, or the reasons why ‘‘(1) a quantifiable or numerical descrip- entities a collection of information require- such a description could not be provided; and tion of the effects of the proposed or final ment or a recordkeeping requirement.’’. ‘‘(6) estimating the additional cumulative rule, including an estimate of the potential (b) DEFINITIONS.—Section 601 of title 5, economic impact of the proposed rule on for job loss, and alternatives to the proposed United States Code, as amended by section 3 small entities, including job loss by small or final rule; or of this title, is amended— entities, beyond that already imposed on the ‘‘(2) a more general descriptive statement (1) in paragraph (6), by striking ‘‘and’’ at class of small entities by the agency, or the regarding the potential for job loss and a de- the end; and reasons why such an estimate is not avail- tailed statement explaining why quantifica- (2) by striking paragraphs (7) and (8) and able.’’; and tion under paragraph (1) is not practicable or inserting the following: (2) by adding at the end the following: reliable.’’. ‘‘(7) the term ‘collection of information’ ‘‘(e) An agency shall notify the Chief Coun- SEC. lll11. ENSURING THAT AGENCIES CON- has the meaning given that term in section sel for Advocacy of the Small Business Ad- SIDER SMALL ENTITY IMPACT DUR- 3502(3) of title 44; ministration of any draft rules that may ING THE RULEMAKING PROCESS. ‘‘(8) the term ‘recordkeeping requirement’ have a significant economic impact on a sub- Section 605(b) of title 5, United States has the meaning given that term in section stantial number of small entities— Code, is amended— 3502(13) of title 44; and’’. ‘‘(1) when the agency submits a draft rule (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and to the Office of Information and Regulatory (2) by adding at the end the following: SEC. lll9. REPORTING ON ENFORCEMENT AC- Affairs of the Office of Management and ‘‘(2) If, after publication of the certifi- TIONS RELATING TO SMALL ENTI- Budget under Executive Order 12866, if that cation required under paragraph (1), the head TIES. order requires the submission; or of the agency determines that there will be Section 223 of the Small Business Regu- ‘‘(2) if no submission to the Office of Infor- a significant economic impact on a substan- latory Enforcement Fairness Act of 1996 (5 mation and Regulatory Affairs is required— tial number of small entities, the agency U.S.C. 601 note) is amended— ‘‘(A) a reasonable period before publication shall comply with the requirements of sec- (1) in subsection (a)— of the rule by the agency; and tion 603 before the publication of the final (A) by striking ‘‘Each agency’’ and insert- ‘‘(B) in any event, not later than 3 months rule, by— ing the following: before the date on which the agency pub- ‘‘(A) publishing an initial regulatory flexi- ‘‘(1) ESTABLISHMENT OF POLICY OR PRO- lishes the rule.’’. bility analysis for public comment; or GRAM.—Each agency’’; and (b) FINAL REGULATORY FLEXIBILITY ANAL- ‘‘(B) re-proposing the rule with an initial (B) by adding at the end the following: YSIS.— regulatory flexibility analysis. ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later (1) IN GENERAL.—Section 604(a) of title 5, ‘‘(3) The head of an agency may not make than 2 years after the date of enactment of United States Code, is amended— a certification relating to a rule under this the Freedom from Restrictive Excessive Ex- (A) by inserting ‘‘detailed’’ before ‘‘de- subsection, unless the head of the agency has ecutive Demands and Onerous Mandates Act scription’’ each place it appears; determined— of 2011, and every 2 years thereafter, each (B) in paragraph (2)— ‘‘(A) the average cost of the rule for small agency regulating the activities of small en- (i) by inserting ‘‘detailed’’ before ‘‘state- entities affected or reasonably presumed to tities shall review the civil penalties im- ment’’ each place it appears; and be affected by the rule; posed by the agency for violations of a statu- (ii) by inserting ‘‘(or certification of the ‘‘(B) the number of small entities affected tory or regulatory requirement by a small proposed rule under section 605(b))’’ after or reasonably presumed to be affected by the entity to determine whether a reduction or ‘‘initial regulatory flexibility analysis’’; rule; and waiver of the civil penalties is appropriate.’’; (C) in paragraph (4), by striking ‘‘an expla- ‘‘(C) the number of affected small entities and nation’’ and inserting ‘‘a detailed expla- for which that cost will be significant. (2) in subsection (c)— nation’’; and ‘‘(4) Before publishing a certification and a (A) by striking ‘‘Agencies shall report’’ and (D) in paragraph (6) (relating to a descrip- statement providing the factual basis for the all that follows through ‘‘the scope’’ and in- tion of steps taken to minimize significant certification under paragraph (1), the head of serting ‘‘Not later than 2 years after the date economic impact), as added by section 1601 of an agency shall— of enactment of the Freedom from Restric- the Small Business Jobs Act of 2010 (Public ‘‘(A) transmit a copy of the certification tive Excessive Executive Demands and Oner- Law 111–240; 124 Stat. 2251), by inserting ‘‘de- and statement to the Chief Counsel for Advo- ous Mandates Act of 2011, and every 2 years tailed’’ before ‘‘statement’’. cacy of the Small Business Administration; thereafter, each agency shall submit to the (2) PUBLICATION OF ANALYSIS ON WEB SITE, and Committee on Small Business and Entrepre- ETC.—Section 604(b) of title 5, United States ‘‘(B) consult with the Chief Counsel for Ad- neurship and the Committee on Homeland Code, is amended to read as follows: vocacy of the Small Business Administration Security and Governmental Affairs of the ‘‘(b) The agency shall— on the accuracy of the certification and Senate and the Committee on Small Busi- ‘‘(1) make copies of the final regulatory statement.’’. ness and the Committee on the Judiciary of flexibility analysis available to the public, SEC. lll12. ADDITIONAL POWERS OF THE OF- the House of Representatives a report dis- including by publishing the entire final regu- FICE OF ADVOCACY. cussing the scope’’; and latory flexibility analysis on the Web site of Section 203 of Public Law 94–305 (15 U.S.C. (B) by striking ‘‘and the total amount of the agency; and 634c) is amended— penalty reductions and waivers’’ and insert- ‘‘(2) publish in the Federal Register the (1) in paragraph (5), by striking ‘‘and’’ at ing ‘‘the total amount of penalty reductions final regulatory flexibility analysis, or a the end; and waivers, and the results of the most re- summary of the analysis that includes the (2) in paragraph (6), by striking the period cent review under subsection (a)(2)’’. telephone number, mailing address, and ad- at the end and inserting ‘‘; and’’; and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.048 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6113 (3) by inserting after paragraph (6) the fol- Centers for Medicare & Medicaid Services to vice and consent, and referred to a com- lowing: implement or enforce any regulation pro- mittee, shall be referred to the Committee ‘‘(7) at the discretion of the Chief Counsel mulgated pursuant to the Patient Protection on Finance. Each Deputy United States for Advocacy, comment on regulatory action and Affordable Care Act until such time as Trade Representative, the Chief Agricultural by an agency that affects small businesses, the Office of the Actuary of such Centers— Negotiator, and the Chief Trade Enforcement without regard to whether the agency is re- (1) publishes an analysis of the impact that Officer shall hold office at the pleasure of quired to file a notice of proposed rule- such regulation would have on health care the President and shall have the rank of Am- making under section 553 of title 5, United premiums in the individual and group mar- bassador.’’. States Code, with respect to the action.’’. kets; and (b) FUNCTIONS OF POSITION.—Section 141(c) SEC. lll13. FUNDING AND OFFSETS. (2) estimates, based on the analysis pub- of the Trade Act of 1974 (19 U.S.C. 2171(c)) is (a) AUTHORIZATION.—There are authorized lished under paragraph (1), that the imple- amended by adding at the end the following to be appropriated to the Small Business Ad- mentation of such regulation will not result new paragraph: ministration, for any costs of carrying out in an increase in individual or group market ‘‘(6) The principal function of the Chief this title and the amendments made by this premiums in excess of 5 percent. Trade Enforcement Officer shall be to ensure title (including the costs of hiring additional that United States trading partners comply employees)— SA 703. Mr. BROWN of Massachusetts with trade agreements to which the United (1) $1,000,000 for fiscal year 2012; submitted an amendment intended to States is a party. The Chief Trade Enforce- (2) $2,000,000 for fiscal year 2013; and be proposed by him to the bill S. 1619, ment Officer shall assist the United States (3) $3,000,000 for fiscal year 2014. to provide for identification of mis- Trade Representative in investigating and (b) REPEALS.—In order to offset the costs aligned currency, require action to cor- prosecuting disputes pursuant to trade of carrying out this title and the amend- agreements to which the United States is a ments made by this title and to reduce the rect the misalignment, and for other purposes; which was ordered to lie on party, including before the World Trade Or- Federal deficit, the following provisions of ganization, and shall assist the United law are repealed, effective on the date of en- the table; as follows: States Trade Representative in carrying out actment of this Act: At the end, add the following: the Trade Representative’s functions under (1) Section 21(n) of the Small Business Act SEC. lll. REPEAL OF IMPOSITION OF WITH- subsection (d). The Chief Trade Enforcement (15 U.S.C. 648). HOLDING ON CERTAIN PAYMENTS Officer shall make recommendations with re- (2) Section 27 of the Small Business Act (15 MADE TO VENDORS BY GOVERN- spect to the administration of United States U.S.C. 654). MENT ENTITIES. trade laws relating to foreign government (3) Section 1203(c) of the Energy Security (a) IN GENERAL.—The amendment made by barriers to United States goods, services, in- and Efficiency Act of 2007 (15 U.S.C. 657h(c)). section 511 of the Tax Increase Prevention vestment, and intellectual property, and SEC. lll14. TECHNICAL AND CONFORMING and Reconciliation Act of 2005 is repealed with respect to government procurement and AMENDMENTS. and the Internal Revenue Code of 1986 shall other trade matters. The Chief Trade En- (a) HEADING.—Section 605 of title 5, United be applied as if such amendment had never forcement Officer shall perform such other States Code, is amended in the section head- been enacted. functions as the United States Trade Rep- ing by striking ‘‘Avoidance’’ and all that fol- (b) RESCISSION OF UNSPENT FEDERAL FUNDS resentative may direct.’’. TO OFFSET LOSS IN REVENUES.— lows and inserting the following: (c) COMPENSATION.—Section 5314 of title 5, ‘‘Incorporations by reference and certifi- (1) IN GENERAL.—Notwithstanding any United States Code, is amended by inserting cation’’. other provision of law, of all available unob- after ‘‘Chief Agricultural Negotiator.’’ the (b) TABLE OF SECTIONS.—The table of sec- ligated funds, $30,000,000,000 in appropriated following: discretionary funds are hereby permanently tions for chapter 6 of title 5, United States ‘‘Chief Trade Enforcement Officer.’’. Code, is amended— rescinded. (d) TECHNICAL AMENDMENTS.—Section (1) by striking the item relating to section (2) IMPLEMENTATION.—The Director of the 141(e) of the Trade Act of 1974 (19 U.S.C. 605 and inserting the following: Office of Management and Budget shall de- termine and identify from which appropria- 2171(e)) is amended— ‘‘605. Incorporations by reference and cer- (1) in paragraph (1), by striking ‘‘5314’’ and tifications.’’; tion accounts the rescission under paragraph (1) shall apply and the amount of such rescis- inserting ‘‘5315’’; and and sion that shall apply to each such account. (2) in paragraph (2), by striking ‘‘the max- (2) by striking the item relating to section Not later than 60 days after the date of the imum rate of pay for grade GS–18 as provided 607 inserting the following: enactment of this Act, the Director of the in section 5332’’ and inserting ‘‘the maximum ‘‘607. Quantification requirements.’’. Office of Management and Budget shall sub- rate of pay for level IV of the Executive mit a report to the Secretary of the Treas- Schedule in section 5315’’. SA 701. Mr. ROBERTS submitted an ury and Congress of the accounts and amendment intended to be proposed by amounts determined and identified for re- SA 705. Mr. UDALL of Colorado sub- him to the bill S. 1619, to provide for scission under the preceding sentence. mitted an amendment intended to be identification of misaligned currency, (3) EXCEPTION.—This subsection shall not proposed by him to the bill S. 1619, to apply to the unobligated funds of the Depart- require action to correct the misalign- provide for identification of misaligned ment of Defense or the Department of Vet- currency, require action to correct the ment, and for other purposes; which erans Affairs. was ordered to lie on the table; as fol- misalignment, and for other purposes; lows: SA 704. Ms. STABENOW (for herself which was ordered to lie on the table; On page 33, after line 5, insert the fol- and Mr. GRAHAM) submitted an amend- as follows: lowing: ment intended to be proposed by her to At the end of the bill, add the following: SEC. 16. REPEAL OF UNEARNED INCOME MEDI- the bill S. 1619, to provide for identi- TITLE ll—CRITICAL MINERALS AND CARE CONTRIBUTION TAX. fication of misaligned currency, re- MATERIALS Subsection (a) of section 1402 of the Health quire action to correct the misalign- Care and Education Reconciliation Act of SEC. ll01. SHORT TITLE. 2010, and the amendments made thereby, are ment, and for other purposes; which This title may be cited as the ‘‘Critical hereby repealed; and the Internal Revenue was ordered to lie on the table; as fol- Minerals and Materials Promotion Act of Code of 1986 shall be applied as if such sub- lows: 2011’’. section and amendments had never been en- At the end, add the following: SEC. ll02. DEFINITION OF CRITICAL MINERALS acted. SEC. ll. CHIEF TRADE ENFORCEMENT OFFI- AND MATERIALS. CER. In this title: SA 702. Mr. ROBERTS submitted an (a) ESTABLISHMENT OF POSITION.—Section (1) IN GENERAL.—The term ‘‘critical min- amendment intended to be proposed by 141(b)(2) of the Trade Act of 1974 (19 U.S.C. erals and materials’’ means naturally occur- him to the bill S. 1619, to provide for 2171(b)(2)) is amended to read as follows: ring, nonliving, nonfuel substances with a identification of misaligned currency, ‘‘(2) There shall be in the Office 3 Deputy definite chemical composition— require action to correct the misalign- United States Trade Representatives, 1 Chief (A) that perform an essential function for ment, and for other purposes; which Agricultural Negotiator, and 1 Chief Trade which no satisfactory substitutes exist; and was ordered to lie on the table; as fol- Enforcement Officer who shall all be ap- (B) the supply of which has a high prob- pointed by the President, by and with the ad- ability of becoming restricted, leading to lows: vice and consent of the Senate. As an exer- physical unavailability or excessive costs for At the appropriate place, insert the fol- cise of the rulemaking power of the Senate, the applicable minerals and materials in key lowing: any nomination of a Deputy United States applications. SEC. ll. PROTECTION OF AMERICAN JOBS. Trade Representative, the Chief Agricultural (2) EXCLUSIONS.—The term ‘‘critical min- Notwithstanding any other provision of Negotiator, or the Chief Trade Enforcement erals and materials’’ does not include ice, law, no Federal funds shall be used by the Officer submitted to the Senate for its ad- water, or snow.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.048 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6114 CONGRESSIONAL RECORD — SENATE October 4, 2011 SEC. ll03. PROGRAM TO DETERMINE PRESENCE (2) identify critical minerals and materials (7) The cost to United States taxpayers of OF AND FUTURE NEEDS FOR CRIT- needs and establish early warning systems research that— ICAL MINERALS AND MATERIALS. for critical minerals and materials supply (A) has been carried out using grants, (a) IN GENERAL.—The Secretary of the In- problems; loans, or other financial assistance provided terior, acting through the United States Ge- (3) establish a mechanism for the coordina- by the United States Government; and ological Survey, shall establish a research tion and evaluation of Federal critical min- (B) has resulted in technology that has and development program— erals and materials programs, including pro- been transferred to an entity in China or an (1) to provide data and scientific analyses grams involving research and development, entity owned or controlled by the Govern- for research on, and assessments of the po- in a manner that complements related ef- ment of China. tential for, undiscovered and discovered re- forts carried out by the private sector and (8) Any other notable instances of transfer sources of critical minerals and materials in other domestic and international agencies of technology to such entities that are a the United States and other countries; and and organizations; cause for concern for the United States Gov- (2) to analyze and assess current and future (4) promote and encourage private enter- ernment or the global technological leader- critical minerals and materials supply prise in the development of economically ship of the United States. chains— sound and stable domestic critical minerals (b) UNITED STATES PERSON DEFINED.—In (A) with advice from the Energy Informa- and materials supply chains; this section, the term ‘‘United States per- tion Administration on future energy tech- (5) promote and encourage the recycling of son’’ means— nology market penetration; and critical minerals and materials, taking into (1) an individual who is a citizen of the (B) using the Mineral Commodity Sum- account the logistics, economic viability, en- United States or an alien lawfully admitted maries produced by the United States Geo- vironmental sustainability, and research and for permanent residence to the United logical Survey. development needs for completing the recy- States; or (b) GLOBAL SUPPLY CHAIN.—The Secretary cling process; (2) an entity organized under the laws of shall, if appropriate, cooperate with inter- (6) assess the need for and make rec- the United States or of any jurisdiction national partners to ensure that the program ommendations concerning the availability within the United States. established under subsection (a) provides and adequacy of the supply of technically analyses of the global supply chain of crit- trained personnel necessary for critical min- SA 707. Mr. BROWN of Massachusetts ical minerals and materials. erals and materials research, development, submitted an amendment intended to SEC. ll04. PROGRAM TO STRENGTHEN THE DO- extraction, and industrial practice, with a MESTIC CRITICAL MINERALS AND be proposed by him to the bill S. 1619, particular focus on the problem of attracting to provide for identification of mis- MATERIALS SUPPLY CHAIN FOR and maintaining high-quality professionals CLEAN ENERGY TECHNOLOGIES. for maintaining an adequate supply of crit- aligned currency, require action to cor- The Secretary of Energy shall conduct a ical minerals and materials; and rect the misalignment, and for other program of research, development, and dem- (7) report to Congress on activities and purposes; which was ordered to lie on onstration to strengthen the domestic crit- findings under this subsection. ical minerals and materials supply chain for the table; as follows: At the end, add the following: clean energy technologies and to ensure the Mr. BROWN of Massachusetts SA 706. SEC. 16. GOVERNMENT ACCOUNTABILITY OFFICE long-term, secure, and sustainable supply of submitted an amendment intended to critical minerals and materials sufficient to REPORT ON THE TRANSFER TO EN- strengthen the national security of the be proposed by him to the bill S. 1619, TITIES IN THE PEOPLE’S REPUBLIC OF CHINA OF TECHNOLOGY DEVEL- United States and meet the clean energy to provide for identification of mis- aligned currency, require action to cor- OPED USING FUNDS PROVIDED BY production needs of the United States, in- THE UNITED STATES GOVERNMENT. cluding— rect the misalignment, and for other (a) IN GENERAL.—Not later than March 30, (1) critical minerals and materials produc- purposes; which was ordered to lie on 2012, the Comptroller General of the United tion, processing, and refining; the table; as follows: States shall submit to Congress a report on (2) minimization of critical minerals and At the end, add the following: the transfer by United States persons of materials in energy technologies; SEC. 16. GOVERNMENT ACCOUNTABILITY OFFICE technology developed using grants, loans, or (3) recycling of critical minerals and mate- REPORT ON THE TRANSFER TO EN- other financial assistance provided by the rials; and TITIES IN THE PEOPLE’S REPUBLIC United States Government to entities in the (4) substitutes for critical minerals and OF CHINA OF TECHNOLOGY DEVEL- People’s Republic of China or entities owned materials in energy technologies. OPED USING FUNDS PROVIDED BY or controlled by the Government of China THE UNITED STATES GOVERNMENT. SEC. ll05. STRENGTHENING EDUCATION AND that includes an assessment of the following: TRAINING IN MINERAL AND MATE- (a) IN GENERAL.—Not later than March 30, 2012, the Comptroller General of the United (1) The degree to which the United States RIAL SCIENCE AND ENGINEERING Government has expressly or tacitly acqui- FOR CRITICAL MINERALS AND MA- States shall submit to Congress a report on TERIALS PRODUCTION. the transfer by United States persons of esced to the transfer of such technology to (a) IN GENERAL.—The Secretary of Energy technology developed using grants, loans, or such entities. shall promote the development of the crit- other financial assistance provided by the (2) The strategic benefit to the Govern- ical minerals and materials industry work- United States Government to entities in the ment of China and to industries in China of force in the United States. People’s Republic of China or entities owned obtaining such technology. (b) SUPPORT.—In carrying out subsection or controlled by the Government of China (3) The extent to which there is a con- (a), the Secretary shall support— that includes an assessment of the following: certed effort by the Government of China to (1) critical minerals and materials edu- (1) The degree to which the United States obtain certain types of technology from cation by providing undergraduate and grad- Government has expressly or tacitly acqui- United States persons. uate scholarships and fellowships at institu- esced to the transfer of such technology to (4) Any instances of the transfer of tech- tions of higher education, including tech- such entities. nology to entities in China or entities owned nical and community colleges; (2) The strategic benefit to the Govern- or controlled by the Government of China (2) partnerships between industry and in- ment of China and to industries in China of that are of national security concern to the stitutions of higher education, including obtaining such technology. United States Government. technical and community colleges, to pro- (3) The extent to which there is a con- (5) The degree to which the transfer of vide onsite job training; and certed effort by the Government of China to technology to such an entity by a United (3) development of courses and curricula on obtain certain types of technology from States person has caused other United States critical minerals and materials. United States persons. persons to need to compete against other SEC. ll06. SUPPLY OF CRITICAL MINERALS AND (4) Any instances of the transfer of tech- such entities. MATERIALS. nology to entities in China or entities owned (6) Any instances of the transfer of tech- (a) POLICY.—It is the policy of the United or controlled by the Government of China nology that have enabled such entities to ad- States to promote an adequate and stable that are of national security concern to the vance beyond the technological capabilities supply of critical minerals and materials United States Government. of industries in the United States or to make necessary to maintain national security, (5) The degree to which the transfer of significant gains in technological develop- economic well-being, and industrial produc- technology to such an entity by a United ment relative to the technological capabili- tion with appropriate attention to a long- States person has caused other United States ties of such industries. term balance between resource production, persons to need to compete against other (7) The cost to United States taxpayers of energy use, a healthy environment, natural such entities. research that— resources conservation, and social needs. (6) Any instances of the transfer of tech- (A) has been carried out using grants, (b) IMPLEMENTATION.—To implement the nology that have enabled such entities to ad- loans, or other financial assistance provided policy described in subsection (a), the Presi- vance beyond the technological capabilities by the United States Government; and dent, acting through the Executive Office of of industries in the United States or to make (B) has resulted in technology that has the President, shall— significant gains in technological develop- been transferred to an entity in China or an (1) coordinate the actions of applicable ment relative to the technological capabili- entity owned or controlled by the Govern- Federal agencies; ties of such industries. ment of China.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.045 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6115 (8) Any other notable instances of transfer small- and medium-sized businesses in the (E) with respect to the Federal Housing Fi- of technology to such entities that are a United States and other interested parties in nance Agency, the Chief Economist, or an cause for concern for the United States Gov- determining how to make the expedited dis- employee of the agency with comparable au- ernment or the global technological leader- pute settlement process described in sub- thority; ship of the United States. section (a) most effective. (F) with respect to the Financial Stability (b) UNITED STATES PERSON DEFINED.—In Oversight Council, the Chief Economist, or this section, the term ‘‘United States per- SA 711. Mr. BROWN of Massachusetts an employee of the agency with comparable son’’ means— submitted an amendment intended to authority; (1) an individual who is a citizen of the be proposed by him to the bill S. 1619, (G) with respect to the Office of the Comp- United States or an alien lawfully admitted to provide for identification of mis- troller of the Currency, the Director for Pol- for permanent residence to the United aligned currency, require action to cor- icy Analysis, or an employee of the agency States; or with comparable authority; (2) an entity organized under the laws of rect the misalignment, and for other (H) with respect to the Office of Financial the United States or of any jurisdiction purposes; which was ordered to lie on Research, the Director, or an employee of within the United States. the table; as follows: the agency with comparable authority; At the end, add the following: (I) with respect to the National Credit Mr. BROWN of Massachusetts SA 708. SEC. 16. INCLUSION OF EXPEDITED DISPUTE SET- Union Administration, the Chief Economist, submitted an amendment intended to TLEMENT PROCESS WITH RESPECT or an employee of the agency with com- be proposed by him to the bill S. 1619, TO NONTARIFF BARRIERS IN THE parable authority; and to provide for identification of mis- TRANS-PACIFIC PARTNERSHIP (J) with respect to the Securities and Ex- aligned currency, require action to cor- AGREEMENT. change Commission, the Director of the Divi- (a) IN GENERAL.—In negotiations with re- rect the misalignment, and for other sion of Risk, Strategy, and Financial Innova- spect to the Trans-Pacific Partnership tion, or an employee of the agency with com- purposes; which was ordered to lie on Agreement, it shall be a negotiating objec- parable authority; the table; as follows: tive of the United States to include in the (3) the term ‘‘Council’’ means the Chief At the end, add the following: Agreement a process for settling disputes Economists Council established under sec- SEC. 16. IMPROVING ACCESS TO INTERNATIONAL with respect to nontariff barriers on an expe- tion 209; and MARKETS. dited basis. (4) the term ‘‘regulation’’— There are authorized to be appropriated to (b) CONSULTATIONS.—The United States (A) means an agency statement of general the United States Trade Representative Trade Representative shall consult with applicability and future effect that is de- $2,000,000 for each of the fiscal years 2012 small- and medium-sized businesses in the signed to implement, interpret, or prescribe through 2014 to initiate any proceeding to re- United States and other interested parties in law or policy or to describe the procedure or solve a dispute relating to a barrier to mar- determining how to make the expedited dis- practice requirements of an agency, includ- ket access with a country— pute settlement process described in sub- ing rules, orders of general applicability, in- (1) that is a WTO member (as that term is section (a) most effective. terpretive releases, and other statements of defined in section 2(10) of the Uruguay Round general applicability that the agency intends Agreements Act (19 U.S.C. 3501(10))); or SA 712. Mr. SHELBY (for himself, Mr. to have the force and effect of law; (2) with which the United States has a free CRAPO, Mr. CORKER, Mr. DEMINT, Mr. (B) does not include— trade agreement in effect. VITTER, Mr. JOHANNS, Mr. TOOMEY, Mr. (i) a regulation issued in accordance with KIRK, Mr. MORAN, and Mr. WICKER) sub- the formal rulemaking provisions of section SA 709. Mr. BROWN of Massachusetts 556 or 557 of title 5, United States Code; submitted an amendment intended to mitted an amendment intended to be proposed by him to the bill S. 1619, to (ii) a regulation that is limited to agency be proposed by him to the bill S. 1619, organization, management, or personnel to provide for identification of mis- provide for identification of misaligned matters; aligned currency, require action to cor- currency, require action to correct the (iii) a regulation promulgated pursuant to rect the misalignment, and for other misalignment, and for other purposes; statutory authority that expressly prohibits purposes; which was ordered to lie on which was ordered to lie on the table; compliance with this provision; (iv) a regulation that is certified by the the table; as follows: as follows: At the end, add the following: agency to be an emergency action, if such At the end, add the following: certification is published in the Federal Reg- SEC. 16. IMPROVING ACCESS TO INTERNATIONAL TITLE II—FINANCIAL REGULATORY ister; or MARKETS. RESPONSIBILITY (v) a regulation that is promulgated by the There are authorized to be appropriated to SEC. 201. SHORT TITLE. Board of Governors of the Federal Reserve the United States Trade Representative This title may be cited as the ‘‘Financial System or the Federal Open Market Com- $2,000,000 for each of the fiscal years 2012 Regulatory Responsibility Act of 2011’’. mittee under section 10A, 10B, 13, 13A, or 19 through 2014 to initiate any proceeding to re- SEC. 202. DEFINITIONS. of the Federal Reserve Act, or any of sub- solve a dispute relating to a barrier to mar- As used in this title— sections (a) through (f) of section 14 of that ket access with a country— (1) the term ‘‘agency’’ means the Board of Act. (1) that is a WTO member (as that term is Governors of the Federal Reserve System, SEC. 203. REQUIRED REGULATORY ANALYSIS. defined in section 2(10) of the Uruguay Round the Bureau of Consumer Financial Protec- (a) REQUIREMENTS FOR NOTICES OF PRO- Agreements Act (19 U.S.C. 3501(10))); or tion, the Commodity Futures Trading Com- POSED RULEMAKING.—An agency may not (2) with which the United States has a free mission, the Federal Deposit Insurance Cor- issue a notice of proposed rulemaking unless trade agreement in effect. poration, the Federal Housing Finance Agen- the agency includes in the notice of proposed SA 710. Mr. BROWN of Massachusetts cy, the Financial Stability Oversight Coun- rulemaking an analysis that contains, at a cil, the Office of the Comptroller of the Cur- minimum, with respect to each regulation submitted an amendment intended to rency, the Office of Financial Research, the that is being proposed— be proposed by him to the bill S. 1619, National Credit Union Administration, and (1) an identification of the need for the reg- to provide for identification of mis- the Securities and Exchange Commission; ulation and the regulatory objective, includ- aligned currency, require action to cor- (2) the term ‘‘chief economist’’ means— ing identification of the nature and signifi- rect the misalignment, and for other (A) with respect to the Board of Governors cance of the market failure, regulatory fail- purposes; which was ordered to lie on of the Federal Reserve System, the Director ure, or other problem that necessitates the the table; as follows: of the Division of Research and Statistics, or regulation; an employee of the agency with comparable (2) an explanation of why the private mar- At the end, add the following: authority; ket or State, local, or tribal authorities can- SEC. 16. INCLUSION OF EXPEDITED DISPUTE SET- (B) with respect to the Bureau of Consumer not adequately address the identified market TLEMENT PROCESS WITH RESPECT TO NONTARIFF BARRIERS IN THE Financial Protection, the Assistant Director failure or other problem; TRANS-PACIFIC PARTNERSHIP for Research, or an employee of the agency (3) an analysis of the adverse impacts to AGREEMENT. with comparable authority; regulated entities, other market partici- (a) IN GENERAL.—In negotiations with re- (C) with respect to the Commodity Futures pants, economic activity, or agency effec- spect to the Trans-Pacific Partnership Trading Commission, the Chief Economist, tiveness that are engendered by the regula- Agreement, it shall be a negotiating objec- or an employee of the agency with com- tion and the magnitude of such adverse im- tive of the United States to include in the parable authority; pacts; Agreement a process for settling disputes (D) with respect to the Federal Deposit In- (4) a quantitative and qualitative assess- with respect to nontariff barriers on an expe- surance Corporation, the Director of the Di- ment of all anticipated direct and indirect dited basis. vision of Insurance and Research, or an em- costs and benefits of the regulation (as com- (b) CONSULTATIONS.—The United States ployee of the agency with comparable au- pared to a benchmark that assumes the ab- Trade Representative shall consult with thority; sence of the regulation), including—

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(A) compliance costs; (A) IN GENERAL.—An agency may not pub- about positions, transactions, or business (B) effects on economic activity, net job lish a notice of final rulemaking if the agen- practices. creation (excluding jobs related to ensuring cy, in its analysis under paragraph (1)(B), de- SEC. 206. FIVE-YEAR REGULATORY IMPACT ANAL- compliance with the regulation), efficiency, termines that the quantified costs are great- YSIS. competition, and capital formation; er than the quantified benefits under sub- (a) IN GENERAL.—Not later than 5 years (C) regulatory administrative costs; and section (a)(5). after the date of publication in the Federal (D) costs imposed by the regulation on (B) PUBLICATION OF ANALYSIS.—If the agen- Register of a notice of final rulemaking, the State, local, or tribal governments or other cy is precluded by subparagraph (A) from chief economist of the agency shall issue a regulatory authorities; publishing a notice of final rulemaking, the report that examines the economic impact of (5) if quantified benefits do not outweigh agency shall publish in the Federal Register the subject regulation, including the direct quantitative costs, a justification for the and on the public website of the agency its and indirect costs and benefits of the regula- regulation; analysis under paragraph (1)(B), and provide tion. (6) identification and assessment of all the analysis to each House of Congress. (b) REGULATORY IMPACT METRICS.—In pre- paring the report required by subsection (a), available alternatives to the regulation, in- (C) CONGRESSIONAL WAIVER.—If the agency cluding modification of an existing regula- is precluded by subparagraph (A) from pub- the chief economist shall employ the regu- latory impact metrics included in the notice tion or statute, together with— lishing a notice of final rulemaking, Con- of final rulemaking pursuant to section (A) an explanation of why the regulation gress, by joint resolution pursuant to the 203(b)(1)(C). meets the objectives of the regulation more procedures set forth for joint resolutions in (c) REPRODUCIBILITY.—The report shall in- effectively than the alternatives, and if the section 802 of title 5, United States Code, agency is proposing multiple alternatives, an clude the data, methodologies, and assump- may direct the agency to publish a notice of tions underlying the evaluation so that the explanation of why a notice of proposed rule- final rulemaking notwithstanding the prohi- making, rather than an advanced notice of agency’s analytical results are capable of bition contained in subparagraph (A). In ap- being substantially reproduced, subject to an proposed rulemaking, is appropriate; and plying section 802 of title 5, United States (B) if the regulation is not a pilot program, acceptable degree of imprecision or error. Code, for purposes of this paragraph, section (d) CONFIDENTIALITY.—The agency shall an explanation of why a pilot program is not 802(e)(2) shall not apply and the term— comply with subsection (c) in a manner that appropriate; (i) ‘‘joint resolution’’ or ‘‘joint resolution preserves the confidentiality of nonpublic in- (7) if the regulation specifies the behavior described in subsection (a)’’ means only a formation, including confidential trade se- or manner of compliance, an explanation of joint resolution introduced during the period crets, confidential commercial or financial why the agency did not instead specify per- beginning on the submission or publication information, and confidential information formance objectives; date and ending 60 days thereafter (excluding about positions, transactions, or business (8) an assessment of how the burden im- days either House of Congress is adjourned practices. posed by the regulation will be distributed for more than 3 days during a session of Con- (e) REPORT.—The agency shall submit the among market participants, including gress), the matter after the resolving clause report required by subsection (a) to the Com- whether consumers, investors, or small busi- of which is as follows: ‘‘That Congress di- mittee on Banking, Housing, and Urban Af- nesses will be disproportionately burdened; rects, notwithstanding the prohibition con- fairs of the Senate and the Committee on Fi- (9) an assessment of the extent to which tained in (3)(b)(4)(A) of the Financial Regu- nancial Services of the House of Representa- the regulation is inconsistent, incompatible, latory Responsibility Act of 2011, the ll to tives and post it on the public website of the or duplicative with the existing regulations publish the notice of final rulemaking for agency. The Commodity Futures Trading of the agency or those of other domestic and the regulation or regulations that were the Commission shall also submit its report to international regulatory authorities with subject of the analysis submitted by the ll the Committee on Agriculture, Nutrition, overlapping jurisdiction; to Congress on ll.’’ (The blank spaces and Forestry of the Senate and the Com- (10) a description of any studies, surveys, being appropriately filled in.); and mittee on Agriculture of the House of Rep- or other data relied upon in preparing the (ii) ‘‘submission or publication date’’ resentatives. analysis; means— SEC. 207. RETROSPECTIVE REVIEW OF EXISTING (11) an assessment of the degree to which RULES. the key assumptions underlying the analysis (I) the date on which the analysis under paragraph (1)(B) is submitted to Congress (a) REGULATORY IMPROVEMENT PLAN.—Not are subject to uncertainty; and later than 1 year after the date of enactment (12) an explanation of predicted changes in under paragraph (4)(B); or (II) if the analysis is submitted to Congress of this Act and every 5 years thereafter, each market structure and infrastructure and in agency shall develop, submit to the Com- behavior by market participants, including less than 60 session days or 60 legislative days before the date on which the Congress mittee on Banking, Housing, and Urban Af- consumers and investors, assuming that they fairs of the Senate and the Committee on Fi- will pursue their economic interests. adjourns a session of Congress, the date on which the same or succeeding Congress first nancial Services of the House of Representa- (b) REQUIREMENTS FOR NOTICES OF FINAL tives, and post on the public website of the RULEMAKING.— convenes its next session. agency a plan, consistent with law and its SEC. 204. RULE OF CONSTRUCTION. (1) IN GENERAL.—Notwithstanding any resources and regulatory priorities, under For purposes of the Paperwork Reduction other provision of law, an agency may not which the agency will modify, streamline, Act (44 U.S.C. 3501 et seq.), obtaining, caus- issue a notice of final rulemaking with re- expand, or repeal existing regulations so as ing to be obtained, or soliciting information spect to a regulation unless the agency— to make the regulatory program of the agen- (A) has issued a notice of proposed rule- for purposes of complying with section 203 cy more effective or less burdensome in making for the relevant regulation; with respect to a proposed rulemaking shall achieving the regulatory objectives. The (B) has conducted and includes in the no- not be construed to be a collection of infor- Commodity Futures Trading Commission tice of final rulemaking an analysis that mation, provided that the agency has first shall also submit its plan to the Committee contains, at a minimum, the elements re- issued an advanced notice of proposed rule- on Agriculture, Nutrition, and Forestry of quired under subsection (a); and making in connection with the regulation, the Senate and the Committee on Agri- (C) includes in the notice of final rule- identifies that advanced notice of proposed culture of the House of Representatives. making regulatory impact metrics selected rulemaking in its solicitation of informa- (b) IMPLEMENTATION PROGRESS REPORT.— by the chief economist to be used in pre- tion, and informs the person from whom the Two years after the date of submission of paring the report required pursuant to sec- information is obtained or solicited that the each plan required under subsection (a), each tion 206. provision of information is voluntary. agency shall develop, submit to the Com- (2) CONSIDERATION OF COMMENTS.—The SEC. 205. PUBLIC AVAILABILITY OF DATA AND mittee on Banking, Housing, and Urban Af- agency shall incorporate in the elements de- REGULATORY ANALYSIS. fairs of the Senate and the Committee on Fi- scribed in paragraph (1)(B) the data and anal- (a) IN GENERAL.—At or before the com- nancial Services of the House of Representa- yses provided to the agency by commenters mencement of the public comment period tives, and post on the public website of the during the comment period, or explain why with respect to a regulation, the agency agency a report of the steps that it has taken the data or analyses are not being incor- shall make available on its public website to implement the plan, steps that remain to porated. sufficient information about the data, meth- be taken to implement the plan, and, if any (3) COMMENT PERIOD.—An agency shall not odologies, and assumptions underlying the parts of the plan will not be implemented, publish a notice of final rulemaking with re- analyses performed pursuant to section 203 reasons for not implementing those parts of spect to a regulation, unless the agency— so that the analytical results of the agency the plan. The Commodity Futures Trading (A) has allowed at least 90 days from the are capable of being substantially repro- Commission shall also submit its plan to the date of publication in the Federal Register of duced, subject to an acceptable degree of im- Committee on Agriculture, Nutrition, and the notice of proposed rulemaking for the precision or error. Forestry of the Senate and the Committee submission of public comments; or (b) CONFIDENTIALITY.—The agency shall on Agriculture of the House of Representa- (B) includes in the notice of final rule- comply with subsection (a) in a manner that tives. making an explanation of why the agency preserves the confidentiality of nonpublic in- SEC. 208. JUDICIAL REVIEW. was not able to provide a 90-day comment pe- formation, including confidential trade se- (a) IN GENERAL.—Notwithstanding any riod. crets, confidential commercial or financial other provision of law, during the period be- (4) PROHIBITED RULES.— information, and confidential information ginning on the date on which a notice of

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.052 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6117 final rulemaking for a regulation is pub- (4) by redesignating paragraph (3) as para- ‘‘(B) the sale, exchange, or other disposi- lished in the Federal Register and ending 1 graph (2). tion of imported property; or year later, a person that is adversely af- SEC. 211. OTHER REGULATORY ENTITIES. ‘‘(C) the lease, rental, or licensing of im- fected or aggrieved by the regulation is enti- (a) SECURITIES AND EXCHANGE COMMIS- ported property. tled to bring an action in the United States SION.—Not later than 1 year after the date of Such term shall not include any foreign oil Court of Appeals for the District of Columbia enactment of this Act, the Securities and and gas extraction income (within the mean- Circuit for judicial review of agency compli- Exchange Commission shall provide to the ing of section 907(c)) or any foreign oil re- ance with the requirements of section 203. Committee on Banking, Housing, and Urban lated income (within the meaning of section (b) STAY.—The court may stay the effec- Affairs of the Senate and the Committee on 907(c)). tive date of the regulation or any provision Financial Services of the House of Rep- ‘‘(2) IMPORTED PROPERTY.—For purposes of thereof. resentatives a report setting forth a plan for this subsection— (c) RELIEF.—If the court finds that an subjecting the Public Company Accounting ‘‘(A) IN GENERAL.—Except as otherwise pro- agency has not complied with the require- Oversight Board, the Municipal Securities vided in this paragraph, the term ‘imported ments of section 203, the court shall vacate Rulemaking Board, and any national securi- property’ means property which is imported the subject regulation, unless the agency ties association registered under section 15A into the United States by the controlled for- shows by clear and convincing evidence that of the Securities Exchange Act of 1934 (15 eign corporation or a related person. vacating the regulation would result in ir- U.S.C. 78o–4(a)) to the requirements of this ‘‘(B) IMPORTED PROPERTY INCLUDES CERTAIN reparable harm. Nothing in this section af- Act, other than direct representation on the PROPERTY IMPORTED BY UNRELATED PER- fects other limitations on judicial review or Council. SONS.—The term ‘imported property’ in- the power or duty of the court to dismiss any (b) COMMODITY FUTURES TRADING COMMIS- cludes any property imported into the action or deny relief on any other appro- SION.—Not later than 1 year after the date of United States by an unrelated person if, priate legal or equitable ground. enactment of this Act, the Commodity Fu- when such property was sold to the unrelated SEC. 209. CHIEF ECONOMISTS COUNCIL. tures Trading Commission shall provide to person by the controlled foreign corporation (a) ESTABLISHMENT.—There is established the Committee on Banking, Housing, and (or a related person), it was reasonable to ex- the Chief Economists Council. Urban Affairs of the Senate, the Committee pect that— (b) MEMBERSHIP.—The Council shall consist on Financial Services of the House of Rep- ‘‘(i) such property would be imported into of the chief economist of each agency. The resentatives, the Committee on Agriculture, the United States; or members of the Council shall select the first Nutrition, and Forestry of the Senate, and ‘‘(ii) such property would be used as a com- chairperson of the Council. Thereafter the the Committee on Agriculture of the House ponent in other property which would be im- position of Chairperson shall rotate annually of Representatives a report setting forth a ported into the United States. among the members of the Council. plan for subjecting any futures association ‘‘(C) EXCEPTION FOR PROPERTY SUBSE- (c) MEETINGS.—The Council shall meet at registered under section 17 of the Commodity QUENTLY EXPORTED.—The term ‘imported the call of the Chairperson, but not less fre- Exchange Act (7 U.S.C. 21) to the require- property’ does not include any property quently than quarterly. ments of this Act, other than direct rep- which is imported into the United States and (d) REPORT.—One year after the effective resentation on the Council. which— date of this Act and annually thereafter, the SEC. 212. AVOIDANCE OF DUPLICATIVE OR UN- ‘‘(i) before substantial use in the United Council shall prepare and submit to the NECESSARY ANALYSES. States, is sold, leased, or rented by the con- Committee on Banking, Housing, and Urban An agency may perform the analyses re- trolled foreign corporation or a related per- Affairs and the Committee on Agriculture, quired by this Act in conjunction with, or as son for direct use, consumption, or disposi- Nutrition, and Forestry of the Senate and a part of, any other agenda or analysis re- tion outside the United States; or the Committee on Financial Services and quired by any other provision of law, if such ‘‘(ii) is used by the controlled foreign cor- the Committee on Agriculture of the House other analysis satisfies the provisions this poration or a related person as a component of Representatives a report on— Act. in other property which is so sold, leased, or (1) the benefits and costs of regulations SEC. 213. SEVERABILITY. rented. adopted by the agencies during the past 12 If any provision of this Act or the applica- ‘‘(D) EXCEPTION FOR CERTAIN AGRICULTURAL months; tion of any provision of this Act to any per- COMMODITIES.—The term ‘imported property’ (2) the regulatory actions planned by the son or circumstance, is held invalid, the ap- does not include any agricultural commodity agencies for the upcoming 12 months; plication of such provision to other persons which is not grown in the United States in (3) the cumulative effect of the existing or circumstances, and the remainder of this commercially marketable quantities. regulations of the agencies on economic ac- Act, shall not be affected thereby. ‘‘(3) DEFINITIONS AND SPECIAL RULES.— tivity, innovation, international competi- Mr. WHITEHOUSE submitted ‘‘(A) IMPORT.—For purposes of this sub- tiveness of entities regulated by the agen- SA 713. section, the term ‘import’ means entering, or cies, and net job creation (excluding jobs re- an amendment intended to be proposed withdrawal from warehouse, for consumption lated to ensuring compliance with the regu- by him to the bill S. 1619, to provide for or use. Such term includes any grant of the lation); identification of misaligned currency, right to use intangible property (as defined (4) the training and qualifications of the require action to correct the misalign- in section 936(h)(3)(B)) in the United States. persons who prepared the cost-benefit anal- ment, and for other purposes; which ‘‘(B) UNITED STATES.—For purposes of this yses of each agency during the past 12 was ordered to lie on the table; as fol- subsection, the term ‘United States’ includes months; lows: the Commonwealth of Puerto Rico, the Vir- (5) the sufficiency of the resources avail- gin Islands of the United States, Guam, At the end, add the following: able to the chief economists during the past American Samoa, and the Commonwealth of 12 months for the conduct of the activities SEC. lll. TAXATION OF INCOME OF CON- the Northern Mariana Islands. TROLLED FOREIGN CORPORATIONS required by this Act; and ‘‘(C) UNRELATED PERSON.—For purposes of (6) recommendations for legislative or reg- ATTRIBUTABLE TO IMPORTED PROP- ERTY. this subsection, the term ‘unrelated person’ ulatory action to enhance the efficiency and (a) GENERAL RULE.—Subsection (a) of sec- means any person who is not a related per- effectiveness of financial regulation in the tion 954 of the Internal Revenue Code of 1986 son with respect to the controlled foreign United States. is amended by striking the period at the end corporation. SEC. 210. CONFORMING AMENDMENTS. of paragraph (5) and inserting ‘‘, and’’, by re- ‘‘(D) COORDINATION WITH FOREIGN BASE COM- Section 15(a) of the Commodity Exchange designating paragraph (5) as paragraph (4), PANY SALES INCOME.—For purposes of this Act (7 U.S.C. 19(a)) is amended— and by adding at the end the following new section, the term ‘foreign base company (1) by striking paragraph (1); paragraph: sales income’ shall not include any imported (2) in paragraph (2), by striking (2) and all ‘‘(5) imported property income for the tax- property income.’’. that follows through ‘‘light of—’’ and insert- able year (determined under subsection (j) (c) SEPARATE APPLICATION OF LIMITATIONS ing the following: and reduced as provided in subsection ON FOREIGN TAX CREDIT FOR IMPORTED PROP- ‘‘(1) CONSIDERATIONS.—Before promul- (b)(5)).’’. ERTY INCOME.— gating a regulation under this chapter or (b) DEFINITION OF IMPORTED PROPERTY IN- (1) IN GENERAL.—Paragraph (1) of section issuing an order (except as provided in para- COME.—Section 954 of the Internal Revenue 904(d) of the Internal Revenue Code of 1986 is graph (2)), the Commission shall take into Code of 1986 is amended by adding at the end amended by striking ‘‘and’’ at the end of sub- consideration—’’; the following new subsection: paragraph (A), by redesignating subpara- (3) in paragraph (1), as so redesignated— ‘‘(j) IMPORTED PROPERTY INCOME.— graph (B) as subparagraph (C), and by insert- (A) in subparagraph (B), by striking ‘‘fu- ‘‘(1) IN GENERAL.—For purposes of sub- ing after subparagraph (A) the following new tures’’ and inserting ‘‘the relevant’’; section (a)(5), the term ‘imported property subparagraph: (B) in subparagraph (C), by adding ‘‘and’’ income’ means income (whether in the form ‘‘(B) imported property income, and’’. at the end; of profits, commissions, fees, or otherwise) (2) IMPORTED PROPERTY INCOME DEFINED.— (C) in subparagraph (D), by striking ‘‘and’’ derived in connection with— Paragraph (2) of section 904(d) of such Code is at the end; and ‘‘(A) manufacturing, producing, growing, amended by redesignating subparagraphs (I), (D) by striking subparagraph (E); and or extracting imported property; (J), and (K) as subparagraphs (J), (K), and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.052 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6118 CONGRESSIONAL RECORD — SENATE October 4, 2011 (L), respectively, and by inserting after sub- reational performance apparel in the United or laminated with plastics, such as fabrics paragraph (H) the following new subpara- States. described in Note 2 to chapter 59. graph: (6) On November 1, 2005, the Committee for ‘‘(iii) The term ‘sealed seams’ means seams ‘‘(I) IMPORTED PROPERTY INCOME.—The the Implementation of Textile Agreements that have been covered by means of taping, term ‘imported property income’ means any confirmed in the Federal Register that im- gluing, bonding, cementing, fusing, welding, income received or accrued by any person ports of certain recreational performance ap- or a similar process so that water cannot which is of a kind which would be imported parel do not contribute to domestic market pass through the seams when tested in ac- property income (as defined in section disruption or adversely affect United States cordance with the current version of AATCC 954(j)).’’. textile and apparel producers (70 Fed. Reg. Test Method 35. (3) CONFORMING AMENDMENT.—Clause (ii) of 65889). ‘‘(iv) The term ‘critically sealed seams’ section 904(d)(2)(A) of such Code is amended (7) The elimination of duties on the impor- means— by inserting ‘‘or imported property income’’ tation of certain recreational performance ‘‘(A) for jackets, sealed seams that are after ‘‘passive category income’’. apparel would provide an economic benefit sealed at the front and back yokes, or at the (d) TECHNICAL AMENDMENTS.— to United States consumers of outdoor prod- shoulders, arm holes, or both, where applica- (1) Clause (iii) of section 952(c)(1)(B) of the ucts and would promote increased participa- ble; and Internal Revenue Code of 1986 is amended— tion in healthy and active lifestyles. ‘‘(B) for trousers, sealed seams that are (A) by redesignating subclauses (II), (III), SEC. l03. KNIT APPAREL AND ACCESSORIES. sealed at the front (up to the zipper or other (IV), and (V) as subclauses (III), (IV), (V), and (a) DEFINITIONS.—The Additional U.S. Note means of closure) and back rise. (VI), and to Chapter 61 of the Harmonized Tariff ‘‘(v) The term ‘insulation for cold weather (B) by inserting after subclause (I) the fol- Schedule of the United States is amended— protection’ means insulation with either lowing new subclause: (1) in the heading, by striking ‘‘Additional synthetic fill, down, a laminated thermal ‘‘(II) imported property income,’’. U.S. Note’’ and inserting ‘‘Additional U.S. backing, or other lining for thermal protec- (2) The last sentence of paragraph (4) of Notes’’; and tion from cold weather. section 954(b) of such Code is amended by (2) by adding at the end the following new ‘‘(vi) The term ‘venting’ refers to closeable striking ‘‘subsection (a)(5)’’ and inserting notes: or permanent constructed openings in a gar- ‘‘subsection (a)(4)’’. ‘‘2.(a) For purposes of this chapter, the ment (excluding front, primary zipper clo- (3) Paragraph (5) of section 954(b) of such term ‘recreational performance outerwear’ sures and grommet(s)) to allow increased ex- Code is amended by striking ‘‘and the foreign means trousers (including, but not limited pulsion of built-up heat during outdoor ac- base company oil related income’’ and in- to, paddling pants, ski or snowboard pants, tivities. In a jacket, such openings are often serting ‘‘the foreign base company oil re- and ski or snowboard pants intended for sale positioned on the underarm seam of a gar- lated income, and the imported property in- as parts of ski-suits), coveralls and bib over- ment but may also be placed along other come’’. alls, and jackets (including, but not limited seams in the front or back of a garment. In (e) EFFECTIVE DATE.—The amendments to, full zip jackets, paddling jackets, ski trousers, such openings are often positioned made by this section shall apply to taxable jackets, and ski jackets intended for sale as on the inner or outer leg seams of a garment years of foreign corporations beginning after parts of ski-suits), windbreakers, and similar but may also be placed along other seams in the date of the enactment of this Act, and to articles (including padded, sleeveless jack- the front or back of a garment. taxable years of United States shareholders ets) composed of knit fabrics of cotton, wool, ‘‘(vii) The term ‘articulated elbows or within which or with which such taxable hemp, bamboo, silk, or manmade fiber, or a knees’ refers to the construction of a sleeve years of such foreign corporations end. combination of such fibers, that are either (or pant leg) to allow improved mobility at water-resistant or visibly coated, or both, SA 714. Mr. WYDEN (for himself and the elbow (or knee) through the use of extra with critically sealed seams, and with 5 or seams, darts, gussets, or other means. Mr. CRAPO) submitted an amendment more of the following features: ‘‘(viii) The term ‘reinforcement’ refers to intended to be proposed by him to the ‘‘(i) Insulation for cold weather protection. the use of a double layer of fabric or sec- bill S. 1619, to provide for identification ‘‘(ii) Pockets, at least one of which has a tion(s) of fabric that is abrasion-resistant or of misaligned currency, require action zippered, hook and loop, or other type of clo- otherwise more durable than the face fabric to correct the misalignment, and for sure. of the garment. other purposes; which was ordered to ‘‘(iii) Elastic, drawcord, or other means of ‘‘(ix) The term ‘weatherproof closure’ lie on the table; as follows: tightening around the waist or leg hems, in- means a closure (including, but not limited cluding hidden leg sleeves with a means of to, laminated or coated zippers, storm flaps, At the end, add the following: tightening at the ankle for trousers and or other weatherproof construction) that has TITLE ll—DUTY-FREE TREATMENT OF tightening around the waist or bottom hem been reinforced or engineered in a manner to CERTAIN RECREATIONAL PERFORM- for jackets. reduce the penetration or absorption of ANCE OUTERWEAR ‘‘(iv) Venting, not including grommet(s). moisture or air through an opening in the SEC. l01. SHORT TITLE. ‘‘(v) Articulated elbows or knees. garment. This title may be cited as the ‘‘United ‘‘(vi) Reinforcement in one of the following ‘‘(x) The term ‘multi-adjustable hood or States Optimal Use of Trade to Develop Out- areas: the elbows, shoulders, seat, knees, an- adjustable collar’ means a draw cord, adjust- erwear and Outdoor Recreation Act’’ or the kles, or cuffs. ment tab, or elastic incorporated into the ‘‘U.S. OUTDOOR Act’’. ‘‘(vii) Weatherproof closure at the waist or hood or collar construction to allow volume SEC. l02. FINDINGS. front. adjustments around a helmet, the crown of Congress finds the following: ‘‘(viii) Multi-adjustable hood or adjustable the head, neck, or face. (1) The outdoor industry contributes collar. ‘‘(xi) The terms ‘adjustable powder skirt’ $730,000,000,000 to the United States economy ‘‘(ix) Adjustable powder skirt, inner pro- and ‘inner protective skirt’ refer to a partial annually. tective skirt, or adjustable inner protective lower inner lining with means of tightening (2) Outdoor activities are vitally important cuff at sleeve hem. around the waist for additional protection to the health and well-being of the people of ‘‘(x) Construction at the arm gusset that from the elements. the United States. utilizes fabric, design, or patterning to allow ‘‘(xii) The term ‘arm gusset’ means con- (3) Duty rates on recreational performance radial arm movement. struction at the arm of a gusset that utilizes apparel are among the highest duty rates im- ‘‘(xi) Odor control technology. an extra fabric piece in the under arm usu- posed by the United States Government, The term ‘recreational performance outer- ally diamond- or triangular-shaped, design, with duties on some recreational perform- wear’ does not include occupational outer- or pattern to allow radial arm movement. ance apparel as high as 28.2 percent. wear or garments with an outer surface of ‘‘(xiii) The term ‘radial arm movement’ re- (4) The duties currently imposed by the looped pile. fers to unrestricted, 180-degree range of mo- United States on recreational performance ‘‘(b) For purposes of this Note, the fol- tion for the arm while wearing performance apparel were set in an era during which high lowing terms have the following meanings: outerwear. rates of duty were intended to protect the ‘‘(i) The term ‘water-resistant’ means that ‘‘(xiv) The term ‘odor control technology’ production of other apparel in the United a garment must have a water resistance (see means an additive in a fabric or garment ca- States, and before the technologies and inno- ASTM designations D 3779–81 and D 7017) pable of adsorbing, absorbing, or reacting vations that create today’s recreational per- such that, under a head pressure of 600 milli- with human odors, or effective in reducing formance apparel industry were developed. meters, not more than 1.0 gram of water pen- odor-causing bacteria, including but not lim- (5) In July 2007, the United States Inter- etrates after two minutes when tested in ac- ited to activated carbon, silver, copper, or national Trade Commission confirmed in cordance with the current version of AATCC any combination thereof. USITC Publication 3937 that recreational Test Method 35. The water resistance of the ‘‘(xv) The term ‘occupational outerwear’ performance apparel produced in the United garment is the result of a rubber or plastics means outerwear garments, including uni- States makes up less than 1 percent of the application to the outer shell, lining, or forms, designed or marketed for use in the total recreational performance apparel mar- inner lining. workplace or at a worksite to provide dura- ket and therefore concluded that there is no ‘‘(ii) The term ‘visibly coated’ refers to ble protection from cold or inclement weath- commercially viable production of rec- fabric that is impregnated, coated, covered, er and/or workplace hazards, such as fire,

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‘‘ 6101.20 Of cotton: 6101.20.05 Recreational performance outerwear ...... Free 50% 6101.20.10 Other ...... 15.9% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 50% ’’. (2) By striking subheadings 6101.30.10 through 6101.30.20 and inserting the following, with the article description for subheading 6101.30.05 having the same degree of indentation as the article description for subheading 6101.30.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6101.30.05 Recreational performance outerwear ...... Free 35% Other: 6101.30.10 Containing 25 percent or more by weight of leather ...... 5.6% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 5% (AU) 35% 6101.30.15 Containing 23 percent or more by weight of wool or fine animal hair ...... 38.6¢/kg + Free (BH, 10% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 77.2¢/kg + 54.5% 6101.30.20 Other ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% ’’. (3) By striking subheadings 6101.90.05 through 6101.90.90 and inserting the following, with the article description for subheading 6101.90.01 having the same degree of indentation as the article description for subheading 6101.90.05 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6101.90.01 Recreational performance outerwear ...... Free 45% Other: 6101.90.05 Of wool or fine animal hair ...... 61.7¢/kg + Free (BH, 16% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 43.1¢/kg + 11.2% (OM) 77.2¢/kg + 54.5% 6101.90.10 Containing 70 percent or more by weight of silk or silk waste ...... 0.9% Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 45% 6101.90.90 Other ...... 5.7% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 5.1% (AU) 45% ’’. (4) By striking subheading 6102.10.00 and inserting the following, with the article description for subheading 6102.10 having the same degree of indentation as the article description for subheading 6102.10.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6102.10 Of wool or fine animal hair:

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6102.10.05 Recreational performance outerwear ...... Free 68.3¢/kg + 54.5% 6102.10.10 Other ...... 55.9¢/kg + Free (BH, 16.4% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 39.1¢/kg + 11.4% (OM) 68.3¢/kg + 54.5% ’’. (5) By striking subheading 6102.20.00 and inserting the following, with the article description for subheading 6102.20 having the same degree of indentation as the article description for subheading 6102.20.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6102.20 Of cotton: 6102.20.05 Recreational performance outerwear Free 50% 6102.20.10 Other ...... 15.9% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 50% ’’. (6) By striking subheadings 6102.30.05 through 6102.30.20 and inserting the following, with the article description for subheading 6102.30.01 having the same degree of indentation as the article description for subheading 6102.30.05 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6102.30.01 Recreational performance outerwear ...... Free 35% Other: 6102.30.05 Containing 25 percent or more by weight of leather ...... 5.3% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 4.7% (AU) 35% 6102.30.10 Containing 23 percent or more by weight of wool or fine animal hair ...... 64.4¢/kg + Free (BH, 18.8% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 68.3¢/kg + 54.5% 6102.30.20 Other ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% ’’. (7) By striking subheadings 6102.90.10 and 6102.90.90 and inserting the following, with the article description for subheading 6102.90.05 having the same degree of indentation as the article description for subheading 6102.90.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6102.90.05 Recreational performance outerwear ...... Free 45% Other: 6102.90.10 Containing 70 percent or more by weight of silk or silk waste ...... 0.9% Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 45% 6102.90.90 Other ...... 5.7% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 5.1% (AU) 45% ’’. (8) By striking subheadings 6103.41.10 and 6103.41.20 and inserting the following, with the article description for subheading 6103.41.05 having the same degree of indentation as the article description for subheading 6103.41.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6103.41.05 Recreational performance outerwear ...... Free 77.2¢/kg + 54.5% Other:

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6103.41.10 Trousers, breeches and shorts ...... 61.1¢/kg + Free (BH, 15.8% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 42.7¢/kg + 11% (OM) 77.2¢/kg + 54.5% 6103.41.20 Bib and brace overalls ...... 13.6% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 9.5% (OM) 54.5% ’’. (9) By striking subheadings 6103.42.10 and 6103.42.20 and inserting the following, with the article description for subheading 6103.42.05 having the same degree of indentation as the article description for subheading 6103.42.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6103.42.05 Recreational performance outerwear ...... Free 45% Other: 6103.42.10 Trousers, breeches and shorts ...... 16.1% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 45% 6103.42.20 Bib and brace overalls ...... 10.3% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% ’’. (10) By striking subheadings 6103.43.10 through 6103.43.20 and inserting the following, with the article description for subheading 6103.43.05 having the same degree of indentation as the article description for subheading 6103.43.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6103.43.05 Recreational performance outerwear ...... Free 77.2¢/kg + 54.5% Other: Trousers, breeches and shorts: 6103.43.10 Containing 23 percent or more by weight of wool or fine animal hair .... 58.5¢/kg + Free (BH, 15.2% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 77.2¢/kg + 54.5% 6103.43.15 Other ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% 6103.43.20 Bib and brace overalls ...... 14.9% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% ’’. (11) By striking subheadings 6103.49 through 6103.49.80 and inserting the following, with the article description for subheading 6103.49 hav- ing the same degree of indentation as the article description for subheading 6103.49 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6103.49 Of other textile materials: Of artificial fibers: 6103.49.05 Recreational performance outerwear ...... Free 72% Other:

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6103.49.10 Trousers, breeches and shorts ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% 6103.49.20 Bib and brace overalls ...... 13.6% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% 6103.49.40 Containing 70 percent or more by weight of silk or silk waste ...... 0.9% Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 35% 6103.49.80 Other ...... 5.6% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 5% (AU) 35% ’’. (12) By striking subheading 6104.61.00 and inserting the following, with the article description for subheading 6104.61 having the same de- gree of indentation as the article description for subheading 6104.61.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6104.61 Of wool and fine animal hair: 6104.61.05 Recreational performance outerwear ...... Free 54.5% 6104.61.10 Other ...... 14.9% Free (BH, CA, CL, IL, JO,MA, MX, P, PE, SG) 8% (AU) 10.4% (OM) 54.5% ’’. (13) By striking subheadings 6104.62.10 and 6104.62.20 and inserting the following, with the article description for subheading 6104.62.05 hav- ing the same degree of indentation as the article description for subheading 6104.62.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6104.62.05 Recreational performance outerwear ...... Free 90% Other: 6104.62.10 Bib and brace overalls ...... 10.3% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.61.01– 9912.61.02 (MA) 90% 6104.62.20 Other ...... 14.9% Free (BH, CA, CL, JO, IL, MX, OM, P, PE, SG) 8% (AU) See 9912.61.01, 9912.61.03 (MA) 90% ’’. (14) By striking subheadings 6104.63.10 through 6104.63.20 and inserting the following, with the article description for subheading 6104.63.05 having the same degree of indentation as the article description for subheading 6104.63.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6104.63.05 Recreational performance outerwear ...... Free 72% Other:

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6104.63.10 Bib and brace overalls ...... 14.9% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.61.05– 9912.61.06 (MA) 72% Other: 6104.63.15 Containing 23 percent or more by weight of wool or fine animal hair ...... 14.9% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.61.05– 9912.61.06 (MA) 54.5% 6104.63.20 Other ...... 28.2% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.61.05, 9912.61.07 (MA) 72% ’’. (15) By striking subheadings 6104.69 through 6104.69.80 and inserting the following, with the article description for subheading 6104.69 hav- ing the same degree of indentation as the article description for subheading 6104.69 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6104.69 Of other textile materials: Of artificial fibers: 6104.69.05 Recreational performance outerwear ...... Free 72% Other: 6104.69.10 Bib and brace overalls ...... 13.6% Free (BH, CA, CL, IL, JO, MA, MX,OM, P, PE, SG) 8% (AU) 72% 6104.69.20 Trousers, breeches and shorts ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72% 6104.69.40 Containing 70 percent or more by weight of silk or silk waste ...... 0.9% Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 60% 6104.69.80 Other ...... 5.6% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P,PE, SG) 5% (AU) 60% ’’. (16) By striking subheadings 6112.20.10 and 6112.20.20 and inserting the following, with the article description for subheading 6112.20.05 hav- ing the same degree of indentation as the article description for subheading 6112.20.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6112.20.05 Recreational performance outerwear ...... Free 72% Other: 6112.20.10 Of man-made fibers ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 72%

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6112.20.20 Other ...... 8.3% Free (BH, CA, CL, E*, IL, JO, MA, MX,OM, P, PE, SG) 7.4% (AU) 90% ’’. (17) By striking subheadings 6113.00.10 and 6113.00.90 and inserting the following, with the article description for subheading 6113.00.05 hav- ing the same degree of indentation as the article description for subheading 6113.00.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6113.00.05 Recreational performance outerwear ...... Free 65% Other: 6113.00.10 Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric 3.8% Free (AU, BH, CA, CL, E,IL, JO, MA, MX, OM, P, PE, SG) 65% 6113.00.90 Other ...... 7.1% Free (AU, BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 65% ’’. (18) By striking subheading 6114.20.00 and inserting the following, with the article description for subheading 6114.20 having the same de- gree of indentation as the article description for subheading 6114.20.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6114.20 Of cotton: 6114.20.05 Recreational performance outerwear ...... Free 90% 6114.20.10 Other ...... 10.8% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 4.3% (OM) 90% ’’. (19) By striking subheadings 6114.30.10 through 6114.30.30 and inserting the following, with the article description for subheading 6114.30.05 having the same degree of indentation as the article description for subheading 6114.30.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6114.30.05 Recreational performance outerwear ...... Free 90% Other: 6114.30.10 Tops ...... 28.2% Free (BH, CA, CL, IL, JO, MA, MX,OM, P, PE, SG) 8% (AU) 90% 6114.30.20 Bodysuits and bodyshirts ...... 32% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% 6114.30.30 Other ...... 14.9% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% ’’. (20) By striking subheadings 6114.90.05 through 6114.90.90 and inserting the following, with the article description for subheading 6114.90.01 having the same degree of indentation as the article description for subheading 6114.90.05 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6114.90.01 Recreational performance outerwear ...... Free 90% Other: 6114.90.05 Of wool or fine animal hair ...... 12% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 8.4% (OM) 90%

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6114.90.10 Containing 70 percent or more by weight of silk or silk waste ...... 0.9% Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 60% 6114.90.90 Other ...... 5.6% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 5% (AU) 60% ’’.

SEC. 4. APPAREL ARTICLES AND ACCESSORIES ‘‘(i) The term ‘water-resistant’ means that or other weatherproof construction) that has OF OTHER MATERIALS, NOT KNIT- a garment must have a water resistance (see been reinforced or engineered in a manner to TED OR CROCHETED. ASTM designations D 3779–81 and D 7017) reduce the penetration or absorption of (a) NOTES.—The Additional U.S. Notes to such that, under a head pressure of 600 milli- moisture or air through an opening in the chapter 62 of the Harmonized Tariff Schedule meters, not more than 1.0 gram of water pen- garment. of the United States are amended— etrates after two minutes when tested in ac- ‘‘(x) The term ‘multi-adjustable hood or (1) in Additional U.S. Note 2, by striking cordance with the current version of AATCC adjustable collar’ means a draw cord, adjust- ‘‘For purposes of subheadings’’ and all that Test Method 35. The water resistance of the ment tab, or elastic incorporated into the follows through ‘‘6211.20.15’’ and inserting garment is the result of a rubber or plastics hood or collar construction to allow volume ‘‘For purposes of this chapter’’; and application to the outer shell, lining, or adjustments around a helmet, the crown of (2) by adding at the end the following new inner lining. the head, neck, or face. notes: ‘‘(ii) The term ‘visibly coated’ refers to ‘‘(xi) The terms ‘adjustable powder skirt’ ‘‘3.(a) For purposes of this chapter, the fabric that is impregnated, coated, covered, and ‘inner protective skirt’ refer to a partial term ‘recreational performance outerwear’ or laminated with plastics, such as fabrics lower inner lining with means of tightening means trousers (including, but not limited described in Note 2 to chapter 59. around the waist for additional protection to, paddling pants, ski or snowboard pants, ‘‘(iii) The term ‘sealed seams’ means seams from the elements. and ski or snowboard pants intended for sale that have been covered by means of taping, ‘‘(xii) The term ‘arm gusset’ means con- as parts of ski-suits), coveralls and bib over- gluing, bonding, cementing, fusing, welding, struction at the arm of a gusset that utilizes alls, and jackets (including, but not limited or a similar process so that water cannot an extra fabric piece in the under arm usu- to, full zip jackets, paddling jackets, ski pass through the seams when tested in ac- ally diamond- or triangular-shaped, design, jackets, and ski jackets intended for sale as cordance with the current version of AATCC or pattern to allow radial arm movement. parts of ski-suits), windbreakers, and similar Test Method 35. ‘‘(xiii) The term ‘radial arm movement’ re- articles (including padded, sleeveless jack- ‘‘(iv) The term ‘critically sealed seams’ fers to unrestricted, 180-degree range of mo- ets), the outer surface of which is composed means seams’ that are sealed— tion for the arm while wearing performance of non-knit, non-crocheted fabrics of cotton, ‘‘(A) for jackets, at the front and back outerwear. wool, hemp, bamboo, silk, or manmade fiber, yokes, or at the shoulders, arm holes, or ‘‘(xiv) The term ‘odor control technology’ or a combination of such fibers, that are both, where applicable; and means an additive in a fabric or garment ca- water-resistant, visibly coated, or both, with ‘‘(B) for trousers, at the front (up to the pable of adsorbing, absorbing, or reacting critically sealed seams, and with 5 or more of zipper or other means of closure) and back with human odors, or effective in reducing the following options: rise. odor-causing bacteria, including but not lim- ‘‘(i) Insulation for cold weather protection. ‘‘(v) The term ‘insulation for cold weather ited to activated carbon, silver, copper, or ‘‘(ii) Pockets, at least one of which has a protection’ means insulation with either any combination thereof. zippered, hook and loop, or other type of clo- synthetic fill, down, a laminated thermal ‘‘(xv) The term ‘occupational outerwear’ sure. backing, or other lining for thermal protec- means outerwear garments, including uni- ‘‘(iii) Elastic, drawcord, or other means of tion from cold weather. forms, designed or marketed for use in the tightening around the waist or leg hems, in- ‘‘(vi) The term ‘venting’ refers to closeable workplace or at a worksite to provide dura- cluding hidden leg sleeves with a means of or permanent constructed openings in a gar- ble protection from cold or inclement weath- tightening at the ankle for trousers and ment (excluding front, primary zipper clo- er and/or workplace hazards, such as fire, tightening around the waist or bottom hem sures and grommet(s)) to allow increased ex- electrical, abrasion, or chemical hazards, or for jackets. pulsion of built-up heat during outdoor ac- impacts, cuts, punctures, or similar hazards. ‘‘(iv) Venting, not including grommet(s). tivities. In a jacket, such openings are often ‘‘(v) Articulated elbows or knees. positioned on the underarm seam of a gar- ‘‘4. For purposes of this chapter, the im- ‘‘(vi) Reinforcement in one of the following ment but may also be placed along other porter of record shall specify upon entry areas: the elbows, shoulders, seat, knees, an- seams in the front or back of a garment. In whether garments claimed as ‘recreational kles, or cuffs. trousers, such openings are often positioned performance outerwear’ have an outer sur- ‘‘(vii) Weatherproof closure at the waist or on the inner or outer leg seams of a garment face that is water-resistant, visibly coated, front. but may also be placed along other seams in or a combination thereof, and shall further ‘‘(viii) Multi-adjustable hood or adjustable the front or back of a garment. enumerate the specific features that make collar. ‘‘(vii) The term ‘articulated elbows or the garments eligible to be classified as rec- ‘‘(ix) Adjustable powder skirt, inner pro- knees’ refers to the construction of a sleeve reational performance outerwear.’’. tective skirt, or adjustable inner protective (or pant leg) to allow improved mobility at cuff at sleeve hem. the elbow (or knee) through the use of extra (b) TARIFF CLASSIFICATIONS.—Chapter 62 of ‘‘(x) Construction at the arm gusset that seams, darts, gussets, or other means. the Harmonized Tariff Schedule of the utilizes fabric, design, or patterning to allow ‘‘(viii) The term ‘reinforcement’ refers to United States is amended as follows: radial arm movement. the use of a double layer of fabric or sec- (1) By striking subheading 6201.11.00 and in- ‘‘(xi) Odor control technology. tion(s) of fabric that is abrasion-resistant or serting the following, with the article de- The term ‘recreational performance outer- otherwise more durable than the face fabric scription for subheading 6201.11 having the wear’ does not include occupational outer- of the garment. same degree of indentation as the article de- wear. ‘‘(ix) The term ‘weatherproof closure’ scription for subheading 6201.11.00 (as in ef- ‘‘(b) For purposes of this Note, the fol- means a closure (including, but not limited fect on the day before the date of the enact- lowing terms have the following meanings: to, laminated or coated zippers, storm flaps, ment of this Act):

‘‘ 6201.11 Of wool or fine animal hair: 6201.11.05 Recreational performance outerwear ...... Free 52.9¢/kg + 58.5% 6201.11.10 Other ...... 41¢/kg + Free (BH, 16.3% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 28.7¢/kg + 11.4% (OM) 52.9¢/kg + 58.5% ’’.

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‘‘ 6201.12.05 Recreational performance outerwear ...... Free 60% Other: 6201.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU) 6201.12.20 Other ...... 9.4% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% ’’. (3) By striking subheadings 6201.13.10 through 6201.13.40 and inserting the following, with the article description for subheading 6201.13.05 having the same degree of indentation as the article description for subheading 6201.13.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.13.05 Recreational performance outerwear ...... Free 60% Other: 6201.13.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MX, OM, P, PE, SG) 0.4% (MA) 3.9% (AU) Other: 6201.13.30 Containing 36 percent or more by weight of wool or fine animal hair ... 49.7¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.7% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 6201.13.40 Other ...... 27.7% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% ’’. (4) By striking subheadings 6201.19.10 and 6201.19.90 and inserting the following, with the article description for subheading 6201.19.05 having the same degree of indentation as the article description for subheading 6201.19.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.19.05 Recreational performance outerwear ...... Free 35% Other: 6201.19.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6201.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 35% ’’. (5) By striking subheadings 6201.91.10 and 6201.91.20 and inserting the following, with the article description for subheading 6201.91.05 having the same degree of indentation as the article description for subheading 6201.91.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.91.05 Recreational performance outerwear ...... Free 58.5% Other: 6201.91.10 Padded, sleeveless jackets ...... 8.5% Free (BH, 58.5% CA, CL, IL, JO, MA, MX, P, PE, SG) 7.6% (AU) 5.9% (OM)

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6201.91.20 Other ...... 49.7¢/kg + Free (BH, 19.7% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 34.7¢/kg + 13.7% (OM) 52.9¢/kg + 58.5% ’’. (6) By striking subheadings 6201.92.10 through 6201.92.20 and inserting the following, with the article description for subheading 6201.92.05 having the same degree of indentation as the article description for subheading 6201.92.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.92.05 Recreational performance outerwear ...... Free 60% Other: 6201.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MX, OM, P, PE, SG) 3.9% (AU) See 9912.62.00– 9912.62.01 (MA) Other: 6201.92.15 Water resistant...... 6.2% Free (BH, 37.5% CA, CL, IL, JO, MX, OM, P, PE, SG) 5.5% (AU) See 9912.62.00, 9912.62.02 (MA) 6201.92.20 Other ...... 9.4% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.00, 9912.62.03 (MA) 90% ’’. (7) By striking subheadings 6201.93.10 through 6201.93.35 and inserting the following, with the article description for subheading 6201.93.05 having the same degree of indentation as the article description for subheading 6201.93.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.93.05 Recreational performance outerwear ...... Free 60% Other: 6201.93.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL,IL, JO, MX, OM, P, PE, SG) 3.9% (AU) See 9912.62.04– 9912.62.05 (MA) Other: 6201.93.20 Padded, sleveless jackets ...... 14.9% Free (BH, 76% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.04, 9912.62.06 (MA) Other:

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6201.93.25 Containing 36 percent or more by weght of wool or fine animal hair 49.5¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.6% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.04, 9912.62.07 (MA) Other: 6201.93.30 Water resistant...... 7.1% Free 65% (BH,CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.04, 9912.62.08 (MA) 6201.93.35 Other ...... 27.7% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.04, 9912.62.09 (MA) 90% ’’. (8) By striking subheadings 6201.99.10 and 6201.99.90 and inserting the following, with the article description for subheading 6201.99.05 having the same degree of indentation as the article description for subheading 6201.99.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6201.99.05 Recreational performance outerwear ...... Free 35% Other: 6201.99.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6201.99.90 Other ...... 4.2% Free (BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 3.7% (AU) 35% ’’. (9) By striking subheading 6202.11.00 and inserting the following, with the article description for subheading 6202.11 having the same degree of indentation as the article description for subheading 6202.11.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6202.11 Of wool or fine animal hair: 6202.11.05 Recreational performance outerwear ...... Free 46.3¢/kg + 58.5% 6202.11.10 Other ...... 41¢/kg + Free (BH, 16.3% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 28.7¢/kg + 11.4% (OM) 46.3¢/kg + 58.5% ’’. (10) By striking subheadings 6202.12.10 and 6202.12.20 and inserting the following, with the article description for subheading 6202.12.05 hav- ing the same degree of indentation as the article description for subheading 6202.12.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6202.12.05 Recreational performance outerwear ...... Free 60% Other: 6202.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU)

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6202.12.20 Other ...... 8.9% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 1.8% (MA) 8% (AU) 90% ’’. (11) By striking subheadings 6202.13.10 through 6202.13.40 and inserting the following, with the article description for subheading 6202.13.05 having the same degree of indentation as the article description for subheading 6202.13.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6202.13.05 Recreational performance outerwear ...... Free 60% Other: 6202.13.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU) Other: 6202.13.30 Containing 36 percent or more by weight of wool or fine animal hair ... 43.5¢/kg + Free (BH, 46.3¢/kg + 58.5% 19.7% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 6202.13.40 Other ...... 27.7% Free (BH, CA, CL, IL, JO, MA, MX,OM, P, PE, SG) 8% (AU) 90% ’’. (12) By striking subheadings 6202.19.10 and 6202.19.90 and inserting the following, with the article description for subheading 6202.19.05 hav- ing the same degree of indentation as the article description for subheading 6202.19.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6202.19.05 Recreational performance outerwear ...... Free 35% Other: 6202.19.10 Containing 70 percent or more by weight or silk or silk waste ...... Free 35% 6202.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 35% ’’. (13) By striking subheadings 6202.91.10 and 6202.91.20 and inserting the following, with the article description for subheading 6202.91.05 hav- ing the same degree of indentation as the article description for subheading 6202.91.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6202.91.05 Recreational performance outerwear ...... Free 58.5% Other: 6202.91.10 Padded, sleeveless jackets ...... 14% Free (BH, 58.5% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 9.8% (OM) 6202.91.20 Other ...... 36¢/kg + Free (BH, 16.3% CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 25.2¢/kg + 11.4% (OM) 46.3¢/kg + 58.5% ’’. (14) By striking subheadings 6202.92.10 through 6202.92.20 and inserting the following, with the article description for subheading 6202.92.05 having the same degree of indentation as the article description for subheading 6202.92.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6202.92.05 Recreational performance outerwear ...... Free 60% Other:

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6202.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MX, OM, P, PE, SG) 3.9% (AU) See 9912.62.10– 9912.62.11 (MA) Other: 6202.92.15 Water resistant...... 6.2% Free (BH, 37.5% CA, CL, IL, JO, MX, OM, P, PE, SG) 5.5% (AU) See 9912.62.10, 9912.62.12 (MA) 6202.92.20 Other ...... 8.9% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.10, 9912.62.13 (MA) 90% ’’. (15) By striking subheadings 6202.93.10 through 6202.93.50 and inserting the following, with the article description for subheading 6202.93.05 having the same degree of indentation as the article description for subheading 6202.93.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6202.93.05 Recreational performance outerwear ...... Free 60% Other: 6202.93.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU) Other: 6202.93.20 Padded, sleveless jackets ...... 14.9% Free (BH, 76% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) Other: 6202.93.40 Containing 36 percent or more by weight of wool or fine animal hair 43.4¢/kg + Free (BH, 46.3¢/kg + 58.5% 19.7% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) Other: 6202.93.45 Water resistant ...... 7.1% Free (BH, 65% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 6.3% (AU) 6202.93.50 Other ...... 27.7% Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 90% ’’. (16) By striking subheadings 6202.99.10 and 6202.99.90 and inserting the following, with the article description for subheading 6202.99.05 hav- ing the same degree of indentation as the article description for subheading 6202.99.10 (as in effect on the day before the date of the enact- ment of this Act):

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‘‘ 6202.99.05 Recreational performance outerwear ...... Free 35% Other: 6202.99.10 Containing 70 percent or more by weight or silk or silk waste ...... Free 35% 6202.99.90 Other ...... 2.8% Free (AU, BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 35% ’’. (17) By striking subheadings 6203.41 and 6203.41.05 and inserting the following, with the article description for subheadings 6203.41 having the same degree of indentation as the article description for subheading 6203.41 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6203.41 Of wool or fine animal hair: 6203.41.05 Recreational performance outerwear ...... Free 52.9¢/kg + 58.5% Trousers, breeches, and shorts: 6203.41.10 Trousers, breeches, or shorts containing elastomeric fiber, water re- sistant, without beltloops, weighing more than 9 kg per dozen ...... 7.6% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 6.8% (AU) 5.3% (OM) 52.9¢/kg + 58.5% ’’. (18) By striking subheadings 6203.42.10 through 6203.42.40 and inserting the following, with the article description for subheading 6203.42.05 having the same degree of indentation as the article description for subheading 6203.42.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6203.42.05 Recreational performance outerwear ...... Free 60% Other: 6203.42.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6203.42.20 Bib and brace overalls ...... 10.3% Free (BH, 90% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.22– 9912.62.23 (MA) 6203.42.40 Other ...... 16.6% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.22, 9912.62.24 (MA) 90% ’’. (19) By striking subheadings 6203.43.10 through 6203.43.40 and inserting the following, with the article description for subheading 6203.43.05 having the same degree of indentation as the article description for subheading 6203.43.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6203.43.05 Recreational performance outerwear ...... Free 60% Other: 6203.43.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6203.43.15 Water resistant ...... 7.1% Free (BH, 65% CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.25– 9912.62.26 (MA)

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6203.43.20 Other ...... 14.9% Free (BH, 76% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.27 (MA) Other: 6203.43.25 Certified hand-loomed and folklore products ...... 12.2% Free (BH, 76% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.28 (MA) Other: 6203.43.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 49.6¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.7% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.29 (MA) Other: 6203.43.35 Water resistant trousers or breeches ...... 7.1% Free (BH, 65% CA, CL, IL, JO, MX, P, PE, SG) 6.3% (AU) See 9912.62.25– 9912.62.26 (MA) 6203.43.40 Other ...... 27.9% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.30 (MA) 90% ’’. (20) By striking subheadings 6203.49 through 6203.49.80 and inserting the following, with the article description for subheading 6203.49 hav- ing the same degree of indentation as the article description for subheading 6203.49 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6203.49 Of other textile materials: 6203.49.05 Recreational performance outerwear ...... Free 76% Other: Of artificial fibers: 6203.49.10 Bib and brace overalls ...... 8.5% Free (BH, 76% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 7.6% (AU) Trousers, breeches and shorts: 6203.49.15 Certified hand-loomed and folklore products ...... 12.2% Free (BH, 76% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU)

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6203.49.20 Other ...... 27.9% Free (BH, 90% CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8% (AU) 6203.49.40 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6203.49.80 Other ...... 2.8% Free (AU, BH, CA, CL, E*, IL, JO, MA, MX, OM, P, PE, SG) 35% ’’. (21) By striking subheadings 6204.61.10 and 6204.61.90 and inserting the following, with the article description for subheading 6204.61.05 hav- ing the same degree of indentation as the article description for subheading 6204.61.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6204.61.05 Recreational performance outerwear ...... Free 58.5% Other: 6204.61.10 Trousers and breeches, containing elastomeric fiber, water resistant, with- out belt loops, weighing more than 6 kg per dozen ...... 7.6% Free (BH, 58.5% CA, CL, IL, JO, MX, P, PE, SG) 5.3% (OM) 6.8% (AU) See 9912.62.57– 9912.62.58 (MA) 6204.61.90 Other ...... 13.6% Free (BH, CA, CL, IL, JO, MX, P, PE, SG) 9.5% (OM) 8% (AU) See 9912.62.57, 9912.62.59 (MA) 58.5% ’’. (22) By striking subheadings 6204.62.10 through 6204.62.40 and inserting the following, with the article description for subheading 6204.62.05 having the same degree of indentation as the article description for subheading 6204.62.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6204.62.05 Recreational performance outerwear ...... Free 60% Other: 6204.62.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6204.62.20 Bib and brace overalls ...... 8.9% Free (BH, 90% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.60– 9912.62.61 (MA) Other: 6204.62.30 Certified hand-loomed and folklore products ...... 7.1% Free (BH, 37.5% CA, CL, E, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.60, 9912.62.62 (MA)

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6204.62.40 Other ...... 16.6% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.60, 9912.62.63 (MA) 90% ’’. (23) By striking subheadings 6204.63.10 through 6204.63.35 and inserting the following, with the article description for subheading 6204.63.05 having the same degree of indentation as the article description for subheading 6204.63.10 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6204.63.05 Recreational performance outerwear ...... Free 60% Other: 6204.63.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6204.63.12 Water resistant ...... 7.1% Free (BH, 65% CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.64– 9912.62.65 (MA) 6204.63.15 Other ...... 14.9% Free (BH, 76% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.66 (MA) Other: 6204.63.20 Certified hand-loomed and folklore products ...... 11.3% Free (BH, 76% CA, CL, E, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.67 (MA) Other: 6204.63.25 Containing 36 percent or more by weight of wool or fine animal hair ... 13.6% Free (BH, 58.5% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.68 (MA) Other: 6204.63.30 Water resistant trousers or breeches ...... 7.1% Free (BH, 65% CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.64– 9912.62.65 (MA)

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6204.63.35 Other ...... 28.6% Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.69 (MA) 90% ’’. (24) By striking subheadings 6204.69 through 6204.69.90 and inserting the following, with the article description for subheading 6204.69 hav- ing the same degree of indentation as the article description for subheading 6204.69 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6204.69 Of other textile materials: 6204.69.05 Recreational performance outerwear ...... Free 76% Other: Of artificial fibers: 6204.69.10 Bib and brace overalls ...... 13.6% Free (BH, 76% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.70– 9912.62.71 (MA) Trousers, breeches and shorts: 6204.69.20 Containing 36 percent or more by weight of wool or fine animal hair ... 13.6% Free (BH, 58.5% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.70– 9912.62.71 (MA) 6204.69.25 Other ...... 28.6% Free (BH, 90% CA, CL, IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.62.70, 9912.62.72 (MA) Of silk or silk waste: 6204.69.40 Containing 70 percent or more by weight of silk waste ...... 1.1% Free (AU, 65% BH, CA, CL, E, IL, J, JO, MX, OM, P, PE, SG) See 9912.62.70, 9912.62.73 (MA) 6204.69.60 Other ...... 7.1% Free (BH, 65% CA, CL, E*, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.70, 9912.62.74 (MA)

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6204.69.90 Other ...... 2.8% Free (AU, BH, CA, CL, E*, IL, JO, MX, OM, P, PE, SG) See 9912.62.70, 9912.62.75 (MA) 35% ’’. (25) By striking subheading 6211.32.00 and inserting the following, with the article description for subheading 6211.32 having the same de- gree of indentation as the article description for subheading 6211.32.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6211.32 Of cotton: 6211.32.05 Recreational performance outerwear ...... Free 90% 6211.32.10 Other ...... 8.1% Free (AU, BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 3.2% (OM) 90% ’’. (26) By striking subheading 6211.33.00 and inserting the following, with the article description for subheading 6211.33 having the same de- gree of indentation as the article description for subheading 6211.33.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6211.33 Of man-made fibers: 6211.33.05 Recreational performance outerwear ...... Free 76% 6211.33.10 Other ...... 16% Free (AU, BH, CA, CL, IL, JO, MX, P, PE, SG) 11.2% (OM) See 9912.62.99– 9912.63.00 (MA) 76% ’’. (27) By striking subheadings 6211.39 and 6211.39.05 and inserting the following, with the article description for subheading 6211.39 having the same degree of indentation as the article description for subheading 6211.39 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6211.39 Of other textile materials: 6211.39.04 Recreational performance outerwear ...... Free 58.5% 6211.39.08 Of wool or fine animal hair ...... 12% Free (AU, BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8.4% (OM) 58.5% ’’. (28) By striking subheading 6211.41.00 and inserting the following, with the article description for subheading 6211.41 having the same de- gree of indentation as the article description for subheading 6211.41.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6211.41 Of wool or fine animal hair: 6211.41.05 Recreational performance outerwear ...... Free 58.5% 6211.41.10 Other ...... 12% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 8.4% (OM) 58.5% ’’. (29) By striking subheading 6211.42.00 and inserting the following, with the article description for subheading 6211.42 having the same de- gree of indentation as the article description for subheading 6211.42.00 (as in effect on the day before the date of the enactment of this Act):

‘‘ 6211.42 Of cotton: 6211.42.05 Recreational performance outerwear ...... Free 90% 6211.42.10 Other ...... 8.1% Free (BH, CA, CL, IL, JO, MX, P, PE, SG) 3.2% (OM) 7.2% (AU) See 9912.63.01– 9912.63.02 (MA) 90% ’’. (30) By striking subheading 6211.43.00 and inserting the following, with the article description for subheading 6211.43 having the same de- gree of indentation as the article description for subheading 6211.43.00 (as in effect on the day before the date of the enactment of this Act):

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‘‘ 6211.43 Of man-made fibers: 6211.43.05 Recreational performance outerwear ...... Free 90% 6211.43.10 Other ...... 16% Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU) 11.2% (OM) 90% ’’. (31) By striking subheadings 6211.49.10 and 6211.49.90 and inserting the following, with the article description for subheading 6211.49.05 hav- ing the same degree of indentation as the article description for subheading 6211.49.10 (as in effect on the day before the date of the enact- ment of this Act):

‘‘ 6211.49.05 Recreational performance outerwear ...... Free 35% Other: 6211.49.10 Containing 70 percent or more by weight or silk or silk waste ...... 1.2% Free (AU, 35% BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 6211.49.90 Other ...... 7.3% Free (BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG) 6.5% (AU) 35% ’’. SEC. l05. SUSTAINABLE TEXTILE AND APPAREL (2) EXCLUSIONS.—The assessment of fees search, technology development, and edu- RESEARCH FUND. under paragraph (1) shall not apply to im- cation to all parts of the textile and apparel (a) ESTABLISHMENT.—There is established ports of recreational performance outerwear supply chain, with a research capability in the Treasury of the United States the Sus- from the following: demonstrated through past research pro- tainable Textile and Apparel Research Fund (A) Any country that is party to a free grams involving supply chain management, (in this section referred to as the ‘‘STAR trade agreement with the United States product development, fit specifications, op- Fund’’). that— erations management, lean manufacturing, (b) DEPOSITS.—There shall be deposited (i) is in effect on the day before the date of or digital supply chain technologies on be- into the STAR Fund amounts equal to the the enactment of this Act; or half of the textile and sewn products indus- fees collected on recreational performance (ii) enters into force under the Bipartisan tries in the United States; and outerwear under subsection (d). Trade Promotion Authority Act of 2002 (19 (C) is comprised of members representing (c) BOARD OF DIRECTORS.— U.S.C. 3801 et seq.), or similar subsequent au- the following segments of the supply chain: (1) IN GENERAL.—The STAR Fund shall be thority. (i) One or more of the following types of administered by a board of directors (in this (B) Any country designated as a CBTPA producers: fiber, yarn, or fabric producers in section referred to as the ‘‘Board’’) composed beneficiary country under section the United States. of 5 individuals familiar with the rec- 213(b)(5)(B) of the Caribbean Basin Economic (ii) Apparel producers in the United States. reational performance outerwear textile and Recovery Act (19 U.S.C. 2703(b)(5)(B)). (iii) Retail companies in the United States. apparel industry, including the production of (C) Any country designated as a bene- (f) USE OF FUNDS.—Funds distributed under raw materials and the finished products ficiary sub-Saharan African country under subsection (e) may be used only to conduct thereof, who shall be appointed by the Presi- section 506A(a)(1) of the Trade Act of 1974 (19 applied research, development, and edu- dent. U.S.C. 2466a(a)(1)), if the President has deter- cation activities to enhance the competitive- EMBERS.—Not fewer than 2 of the indi- (2) M mined that the country has satisfied the re- ness of businesses in the United States in viduals appointed to the Board under para- quirements of section 113(a) of the African clean, eco-friendly apparel, other textile and graph (1) shall be representatives of entities Growth and Opportunity Act (19 U.S.C. apparel articles, and sewn-product design involved in the production of fabrics or raw 3722(a)), and has published that determina- and manufacturing. materials for use in recreational perform- tion in the Federal Register. (g) REQUIREMENTS.—The Secretary of Com- ance outerwear in the United States, and not (D) Any country that was designated as an merce may impose such requirements on the fewer than 2 of such individuals shall be rep- ATPDEA beneficiary country under section use of funds distributed under subsection (e) resentatives of entities involved in the pro- 204(b)(6)(B) of the Andean Trade Preference as the Secretary considers necessary to en- duction of recreational performance outer- Act (19 U.S.C. 3203(b)(6)(B)) on February 12, sure compliance with subsection (f), includ- wear that pay the fees imposed on the impor- 2011. ing requiring reporting and assurances by tation of such outerwear under subsection (3) TERMINATION.—The fee under paragraph the entities using the funds. (d). (1) shall apply only to entries, or with- (h) REPORTS TO CONGRESS.—The Secretary (3) INELIGIBLE INDIVIDUALS.—The President drawals from warehouse for consumption, of Commerce shall submit to Congress a re- may not appoint individuals to the Board that are made during the 10-year period be- port, not later than April 1 of each year, ex- under paragraph (1) who are representatives ginning on the date of the enactment of this plaining in detail how amounts in the STAR of entities not involved in the production of Act. Fund were distributed under subsection (e) recreational performance outerwear, such as (e) DISTRIBUTION.— and used under subsection (f) during the pre- customs brokers, converters, forwarders, or (1) QUARTERLY DISTRIBUTIONS.—The Sec- ceding calendar year. retary of Commerce, upon a majority vote of shippers. SEC. l06. EFFECTIVE DATE. (d) FUNDING.— the Board, taken annually, shall, not later This title and the amendments made by (1) FEE.—In addition to any other fee au- than 60 days after the end of each calendar this title shall— thorized by law, the Secretary of the Treas- quarter, distribute amounts in the STAR (1) take effect on the 15th day after the ury shall charge and collect upon entry, or Fund to one or more entities that the Board date of the enactment of this Act; and withdrawal from warehouse for consumption, considers appropriate to use the funds in ac- (2) apply to articles entered, or withdrawn a fee of 1.5 percent of the appraised value of cordance with subsection (f). from warehouse for consumption, on or after imported garments (as determined under sec- (2) ELIGIBILITY REQUIREMENTS.—An entity such day. tion 402 of the Tariff Act of 1930 (19 U.S.C. may receive funds under paragraph (1) only if 1401a)) that are classifiable under the Har- the entity— SA 715. Mr. WYDEN (for himself, Ms. monized Tariff Schedule of the United States (A) is an organization described in section SNOWE, Mr. SCHUMER, Mr. PORTMAN, as recreational performance outerwear (as 501(c)(6) of the Internal Revenue Code of 1986 defined in Additional U.S. Note 2 to chapter that is exempt from tax under section 501(a) Mr. BLUNT, and Mrs. MCCASKILL) sub- 61 and Additional U.S. Note 3 to chapter 62 of of such Code; mitted an amendment intended to be the Harmonized Tariff Schedule of the (B) is an organization having at least 10 proposed by him to the bill S. 1619, to United States). years of experience providing applied re- provide for identification of misaligned

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.054 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6138 CONGRESSIONAL RECORD — SENATE October 4, 2011 currency, require action to correct the ties being reduced or not being applied with ritory of the United States through evasion, misalignment, and for other purposes; respect to the merchandise. and any person that is an interested party which was ordered to lie on the table; ‘‘(7) INTERESTED PARTY.—The term ‘inter- with respect to the merchandise, with an op- ested party’ has the meaning given that portunity to be heard; as follows: term in section 771(9). ‘‘(ii) upon request, hold a hearing with re- At the end, add the following: ‘‘(b) PROCEDURES FOR INVESTIGATING ALLE- spect to whether the covered merchandise TITLE ll—PREVENTION OF EVASION OF GATIONS OF EVASION.— was entered into the customs territory of the ANTIDUMPING AND COUNTERVAILING ‘‘(1) INITIATION BY PETITION OR REFERRAL.— United States through evasion; and DUTY ORDERS ‘‘(A) IN GENERAL.—Not later than 10 days ‘‘(iii) provide an opportunity for public after the date on which the Commissioner re- SECTION l01. SHORT TITLE; TABLE OF CON- comment. TENTS. ceives a petition described in subparagraph ‘‘(D) AUTHORITY TO COLLECT AND VERIFY AD- (B) or a referral described in subparagraph (a) SHORT TITLE.—This title may be cited DITIONAL INFORMATION.—In making a prelimi- as the ‘‘Enforcing Orders and Reducing Cus- (C), the Commissioner shall initiate an in- nary determination under subparagraph (A) toms Evasion Act of 2011’’. vestigation pursuant to this paragraph if the or a final determination under subparagraph Commissioner determines that the informa- (b) TABLE OF CONTENTS.—The table of con- (B), the Commissioner— tents for this title is as follows: tion provided in the petition or the referral, ‘‘(i) shall exercise all existing authorities as the case may be, is accurate and reason- to collect information needed to make the Sec. 01. Short title; table of contents. l ably suggests that covered merchandise has determination; and Subtitle A—Procedures been entered into the customs territory of ‘‘(ii) may collect such additional informa- Sec. l11. Procedures for investigating the United States through evasion. tion as is necessary to make the determina- claims of evasion of anti- ‘‘(B) PETITION DESCRIBED.—A petition de- tion through such methods as the Commis- dumping and countervailing scribed in this subparagraph is a petition sioner considers appropriate, including by— duty orders. that— ‘‘(I) issuing a questionnaire with respect to Sec. l12. Application to Canada and Mex- ‘‘(i) is filed with the Commissioner by any covered merchandise to— ico. party who is an interested party with respect ‘‘(aa) a person that filed a petition under Subtitle B—Other Matters to covered merchandise; paragraph (1)(B); ‘‘(ii) alleges that a person has entered cov- ‘‘(bb) a person alleged to have entered cov- Sec. l21. Definitions. ered merchandise into the customs territory ered merchandise into the customs territory Sec. l22. Allocation of U.S. Customs and of the United States through evasion; and of the United States through evasion; or Border Protection personnel. ‘‘(iii) is accompanied by information rea- ‘‘(cc) any other person that is an interested Sec. l23. Regulations. sonably available to the petitioner sup- party with respect to the covered merchan- Sec. l24. Annual report on prevention of porting the allegation. dise; or evasion of antidumping and ‘‘(C) REFERRAL DESCRIBED.—A referral de- ‘‘(II) conducting verifications, including countervailing duty orders. scribed in this subparagraph is information on-site verifications, of any relevant infor- Sec. l25. Government Accountability Office submitted to the Commissioner by any other mation. report on reliquidation author- Federal agency, including the Department of ‘‘(E) ADVERSE INFERENCE.— ity. Commerce or the United States Inter- ‘‘(i) IN GENERAL.—If the Commissioner Subtitle A—Procedures national Trade Commission, indicating that finds that a person that filed a petition SEC. l11. PROCEDURES FOR INVESTIGATING a person has entered covered merchandise under paragraph (1)(B), a person alleged to CLAIMS OF EVASION OF ANTI- into the customs territory of the United have entered covered merchandise into the DUMPING AND COUNTERVAILING States through evasion. customs territory of the United States DUTY ORDERS. ‘‘(2) DETERMINATIONS.— through evasion, or a foreign producer or ex- (a) IN GENERAL.—The Tariff Act of 1930 is ‘‘(A) PRELIMINARY DETERMINATION.— porter, has failed to cooperate by not acting amended by inserting after section 516A (19 ‘‘(i) IN GENERAL.—Not later than 90 days to the best of the person’s ability to comply U.S.C. 1516a) the following: after the date on which the Commissioner with a request for information, the Commis- ‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING initiates an investigation under paragraph sioner may, in making a preliminary deter- CLAIMS OF EVASION OF ANTI- (1), the Commissioner shall issue a prelimi- mination under subparagraph (A) or a final DUMPING AND COUNTERVAILING nary determination, based on information determination under subparagraph (B), use DUTY ORDERS. available to the Commissioner at the time of an inference that is adverse to the interests ‘‘(a) DEFINITIONS.—In this section: the determination, with respect to whether of that person in selecting from among the ‘‘(1) ADMINISTERING AUTHORITY.—The term there is a reasonable basis to believe or sus- facts otherwise available to determine ‘administering authority’ has the meaning pect that the covered merchandise was en- whether evasion has occurred. given that term in section 771(1). tered into the customs territory of the ‘‘(ii) ADVERSE INFERENCE DESCRIBED.—An ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- United States through evasion. adverse inference used under clause (i) may TEES.—The term ‘appropriate congressional ‘‘(ii) EXTENSION.—The Commissioner may include reliance on information derived committees’ means— extend by not more than 45 days the time pe- from— ‘‘(A) the Committee on Finance and the riod specified in clause (i) if the Commis- ‘‘(I) the petition, if any, submitted under Committee on Appropriations of the Senate; sioner determines that sufficient informa- paragraph (1)(B) with respect to the covered and tion to make a preliminary determination merchandise; ‘‘(B) the Committee on Ways and Means under that clause is not available within ‘‘(II) a determination by the Commissioner and the Committee on Appropriations of the that time period or the inquiry is unusually in another investigation under this section; House of Representatives. complex. ‘‘(III) an investigation or review by the ad- ‘‘(3) COMMISSIONER.—The term ‘Commis- ‘‘(B) FINAL DETERMINATION.— ministering authority under title VII; or sioner’ means the Commissioner responsible ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(IV) any other information placed on the for U.S. Customs and Border Protection. after making a preliminary determination record. ‘‘(4) COVERED MERCHANDISE.—The term under subparagraph (A), the Commissioner ‘‘(F) NOTIFICATION AND PUBLICATION.—Not ‘covered merchandise’ means merchandise shall make a final determination, based on later than 7 days after making a preliminary that is subject to— substantial evidence, with respect to wheth- determination under subparagraph (A) or a ‘‘(A) an antidumping duty order issued er covered merchandise was entered into the final determination under subparagraph (B), under section 736; customs territory of the United States the Commissioner shall— ‘‘(B) a finding issued under the Anti- through evasion. ‘‘(i) provide notification of the determina- dumping Act, 1921; or ‘‘(ii) EXTENSION.—The Commissioner may tion to— ‘‘(C) a countervailing duty order issued extend by not more than 60 days the time pe- ‘‘(I) the administering authority; and under section 706. riod specified in clause (i) if the Commis- ‘‘(II) the person that submitted the peti- ‘‘(5) ENTER; ENTRY.—The terms ‘enter’ and sioner determines that sufficient informa- tion under paragraph (1)(B) or the Federal ‘entry’ refer to the entry, or withdrawal tion to make a final determination under agency that submitted the referral under from warehouse for consumption, in the cus- that clause is not available within that time paragraph (1)(C); and toms territory of the United States. period or the inquiry is unusually complex. ‘‘(ii) provide the determination for publica- ‘‘(6) EVADE; EVASION.—The terms ‘evade’ ‘‘(C) OPPORTUNITY FOR COMMENT; HEAR- tion in the Federal Register. and ‘evasion’ refer to entering covered mer- ING.—Before issuing a preliminary deter- ‘‘(3) BUSINESS PROPRIETARY INFORMATION.— chandise into the customs territory of the mination under subparagraph (A) or a final ‘‘(A) ESTABLISHMENT OF PROCEDURES.—For United States by means of any document or determination under subparagraph (B) with each investigation initiated under paragraph electronically transmitted data or informa- respect to whether covered merchandise was (1), the Commissioner shall establish proce- tion, written or oral statement, or act that entered into the customs territory of the dures for the submission of business propri- is material and false, or any omission that is United States through evasion, the Commis- etary information under an administrative material, and that results in any cash de- sioner shall— protective order that— posit or other security or any amount of ap- ‘‘(i) provide any person alleged to have en- ‘‘(i) protects against public disclosure of plicable antidumping or countervailing du- tered the merchandise into the customs ter- such information; and

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6139 ‘‘(ii) for purposes of submitting comments riod in which to liquidate each unliquidated and merchandise that may be associated to the Commissioner, provides limited access entry of the covered merchandise that is sub- with evasion; to such information for— ject to the preliminary determination and ‘‘(iii) requiring, with respect to merchan- ‘‘(I) the person that submitted the petition that entered before the date of the initiation dise for which the importer has repeatedly under paragraph (1)(B) or the Federal agency of the investigation under paragraph (1); provided incomplete or erroneous entry sum- that submitted the referral under paragraph ‘‘(C) review and reassess the amount of mary information in connection with deter- (1)(C); and bond or other security the importer is re- minations of evasion, the importer to submit ‘‘(II) the person alleged to have entered quired to post for each entry of merchandise entry summary documentation and to de- covered merchandise into the customs terri- described in subparagraph (A) or (B); posit estimated duties at the time of entry; tory of the United States through evasion. ‘‘(D) require the posting of a cash deposit ‘‘(iv) referring the record in whole or in ‘‘(B) ADMINISTRATION IN ACCORDANCE WITH with respect to each entry of merchandise part to U.S. Immigration and Customs En- OTHER PROCEDURES.—The procedures estab- described in subparagraph (A) or (B); and forcement for civil or criminal investigation; lished under subparagraph (A) shall be ad- ‘‘(E) take such other measures as the Com- and ministered— missioner determines appropriate to ensure ‘‘(v) transmitting the administrative ‘‘(i) to the maximum extent practicable, in the collection of any duties that may be record to the administering authority for a manner similar to the manner in which the owed with respect to merchandise described further appropriate proceedings. administering authority administers the ad- in subparagraph (A) or (B) as a result of a ‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA- ministrative protective order procedures final determination under subsection TION.—If the Commissioner makes a final de- under section 777; (b)(2)(B). termination in accordance with subsection ‘‘(ii) in accordance with section 1905 of ‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE- (b)(2)(B) that covered merchandise was not title 18, United States Code; and TERMINATION.—If the Commissioner makes a entered into the customs territory of the ‘‘(iii) in a manner that is consistent with preliminary determination in accordance United States through evasion, the Commis- the obligations of the United States under with subsection (b)(2)(A) that there is not a sioner shall terminate the suspension or ex- the Agreement on Implementation of Article reasonable basis to believe or suspect that tension of liquidation pursuant to subpara- VII of the General Agreement on Tariffs and covered merchandise was entered into the graph (A) or (B) of paragraph (1) and refund Trade 1994 (referred to in section 101(d)(8) of customs territory of the United States any cash deposits collected pursuant to para- the Uruguay Round Agreements Act (19 through evasion, the Commissioner shall graph (1)(D) that are in excess of the cash de- U.S.C. 3511(d)(8)) (relating to customs valu- continue the investigation and notify the ad- posit rate that would otherwise have been ation). ministering authority pending a final deter- applicable the merchandise. ISCLOSURE OF BUSINESS PROPRIETARY ‘‘(C) D mination under subsection (b)(2)(B). ‘‘(5) COOPERATION OF ADMINISTERING AU- INFORMATION.—The Commissioner shall, in ‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER- THORITY.— accordance with the procedures established MINATION.—If the Commissioner makes a ‘‘(A) IN GENERAL.—Upon receiving a notifi- under subparagraph (A) and consistent with final determination in accordance with sub- cation from the Commissioner under para- subparagraph (B), make all business propri- section (b)(2)(B) that covered merchandise graph (3)(C), the administering authority etary information presented to, or obtained was entered into the customs territory of the shall promptly provide to the Commissioner by, the Commissioner during an investiga- United States through evasion, the Commis- the applicable cash deposit rates and anti- tion available to the persons specified in sub- sioner shall— dumping or countervailing duty assessment paragraph (A)(ii) under an administrative ‘‘(A) suspend or continue to suspend, as the rates and any necessary liquidation instruc- protective order, regardless of when such in- case may be, the liquidation of each entry of tions. formation is submitted during an investiga- the covered merchandise that is subject to ‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE tion. the determination and that enters on or PRODUCER OR EXPORTER IS UNKNOWN.—If the ‘‘(4) REFERRALS TO OTHER FEDERAL AGEN- after the date of the determination; Commissioner and administering authority CIES.— ‘‘(B) pursuant to the Commissioner’s au- are unable to determine the producer or ex- ‘‘(A) AFTER PRELIMINARY DETERMINATION.— thority under section 504(b), extend or con- porter of the merchandise with respect to Notwithstanding section 777 and subject to tinue to extend, as the case may be, the pe- which a notification is made under para- subparagraph (C), when the Commissioner riod in which to liquidate each entry of the makes an affirmative preliminary deter- covered merchandise that is subject to the graph (3)(C), the administering authority mination under paragraph (2)(A), the Com- determination and that entered before the shall identify, as the applicable cash deposit missioner shall, at the request of the head of date of the determination; rate or antidumping or countervailing duty another Federal agency, transmit the admin- ‘‘(C) notify the administering authority of assessment rate, the cash deposit or duty (as istrative record to the head of that agency. the determination and request that the ad- the case may be) in the highest amount ap- ‘‘(B) AFTER FINAL DETERMINATION.—Not- ministering authority— plicable to any producer or exporter, includ- withstanding section 777 and subject to sub- ‘‘(i) identify the applicable antidumping or ing the ‘all-others’ rate of the merchandise paragraph (C), when the Commissioner countervailing duty assessment rate for the subject to an antidumping order or counter- makes an affirmative final determination entries for which liquidation is suspended or vailing duty order under section 736 or 706, under paragraph (2)(B), the Commissioner extended under subparagraph (A) or (B) of respectively, or a finding issued under the shall, at the request of the head of another paragraph (1) or subparagraph (A) or (B) of Antidumping Act, 1921, or any administra- Federal agency, transmit the complete ad- this paragraph; or tive review conducted under section 751. ministrative record to the head of that agen- ‘‘(ii) if no such assessment rates are avail- ‘‘(d) SPECIAL RULES.— cy. able at the time, identify the applicable cash ‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei- ‘‘(C) PROTECTIVE ORDERS.—Before trans- deposit rate to be applied to the entries de- ther the initiation of an investigation under mitting an administrative record to the head scribed in subparagraph (A) or (B), with the subsection (b)(1) nor a preliminary deter- of another Federal agency under subpara- applicable antidumping or countervailing mination or a final determination under sub- graph (A) or (B), the Commissioner shall duty assessment rates to be provided as soon section (b)(2) shall affect the authority of the verify that the other agency has in effect as such rates become available; Commissioner— with respect to the administrative record a ‘‘(D) require the posting of cash deposits ‘‘(A) to pursue such other enforcement protective order that provides the same or a and assess duties on each entry of merchan- measures with respect to the evasion of anti- similar level of protection for the informa- dise described in subparagraph (A) or (B) in dumping or countervailing duties as the tion in the administrative record as the pro- accordance with the instructions received Commissioner determines necessary, includ- tective order in effect with respect to such from the administering authority under ing enforcement measures described in information under this subsection. paragraph (5); clauses (i) through (iv) of subsection ‘‘(c) EFFECT OF DETERMINATIONS.— ‘‘(E) review and reassess the amount of (c)(3)(F); or ‘‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY bond or other security the importer is re- ‘‘(B) to assess any penalties or collect any DETERMINATION.—If the Commissioner makes quired to post for merchandise described in applicable duties, taxes, and fees, including a preliminary determination in accordance subparagraph (A) or (B) to ensure the protec- pursuant to section 592. with subsection (b)(2)(A) that there is a rea- tion of revenue and compliance with the law; ‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD sonable basis to believe or suspect that cov- and ACTIONS.—Neither a preliminary determina- ered merchandise was entered into the cus- ‘‘(F) take such additional enforcement tion nor a final determination under sub- toms territory of the United States through measures as the Commissioner determines section (b)(2) shall be determinative in a pro- evasion, the Commissioner shall— appropriate, such as— ceeding under section 592. ‘‘(A) suspend the liquidation of each unliq- ‘‘(i) initiating proceedings under section ‘‘(3) NEGLIGENCE OR INTENT.—The Commis- uidated entry of the covered merchandise 592 or 596; sioner shall investigate and make a prelimi- that is subject to the preliminary determina- ‘‘(ii) implementing, in consultation with nary determination or a final determination tion and that entered on or after the date of the relevant Federal agencies, rule sets or under this section with respect to whether a the initiation of the investigation under modifications to rules sets for identifying, person has entered covered merchandise into paragraph (1); particularly through the Automated Tar- the customs territory of the United States ‘‘(B) pursuant to the Commissioner’s au- geting System and the Automated Commer- through evasion without regard to whether thority under section 504(b), extend the pe- cial Environment, importers, other parties, the person—

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6140 CONGRESSIONAL RECORD — SENATE October 4, 2011 ‘‘(A) intended to violate an antidumping assess and properly allocate the resources of States through evasion during fiscal years duty order or countervailing duty order U.S. Customs and Border Protection and 2009 and 2010 because the Commissioner did under section 736 or 706, respectively, or a U.S. Immigration and Customs Enforce- not have the authority to reliquidate the en- finding issued under the Antidumping Act, ment— tries of such merchandise. 1921; or (1) to effectively implement the provisions ‘‘(B) exercised reasonable care with respect of, and amendments made by, this Act; and SA 716. Mr. HATCH submitted an to avoiding a violation of such an order or (2) to improve efforts to investigate and amendment intended to be proposed by finding.’’. combat evasion. him to the bill S. 1619, to provide for (b) TECHNICAL AMENDMENT.—Clause (ii) of SEC. l23. REGULATIONS. identification of misaligned currency, section 777(b)(1)(A) of the Tariff Act of 1930 (a) IN GENERAL.—Not later than 240 days require action to correct the misalign- (19 U.S.C. 1677f(b)(1)(A)) is amended to read after the date of the enactment of this Act, as follows: ment, and for other purposes; which the Commissioner shall issue regulations to was ordered to lie on the table; as fol- ‘‘(ii) to an officer or employee of U.S. Cus- carry out this title and the amendments toms and Border Protection who is directly made by title I. lows: involved in conducting an investigation re- (b) COOPERATION BETWEEN U.S. CUSTOMS On page 33, after line 5, insert the fol- garding fraud under this title or claims of AND BORDER PROTECTION, U.S. IMMIGRATION lowing: evasion under section 516B.’’. AND CUSTOMS ENFORCEMENT, AND DEPART- SEC. 16. REPEAL OF MEDICAL DEVICE EXCISE (c) JUDICIAL REVIEW.—Section 516A(a)(2) of MENT OF COMMERCE.—Not later than 240 days TAX. the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is after the date of the enactment of this Act, Subsections (a), (b), and (c) of section 1405 amended— the Commissioner, the Assistant Secretary of the Health Care and Education Reconcili- (1) in subparagraph (A)— for U.S. Immigration and Customs Enforce- ation Act of 2010, and the amendments made (A) in clause (i)(III), by striking ‘‘or’’ at ment, and the Secretary of Commerce shall thereby, are hereby repealed; and the Inter- the end; establish procedures to ensure maximum co- nal Revenue Code of 1986 shall be applied as (B) in clause (ii), by adding ‘‘or’’ at the operation and communication between U.S. if such section and amendments had never end; and Customs and Border Protection, U.S. Immi- been enacted. (C) by inserting after clause (ii) the fol- gration and Customs Enforcement, and the lowing: Department of Commerce in order to quick- SA 717. Ms. COLLINS submitted an ‘‘(iii) the date of publication in the Federal ly, efficiently, and accurately investigate al- amendment intended to be proposed by Register of a determination described in legations of evasion under section 516B of the her to the bill S. 1619, to provide for clause (ix) of subparagraph (B),’’; and Tariff Act of 1930 (as added by section l11 of identification of misaligned currency, (2) in subparagraph (B), by adding at the this Act). end the following new clause: require action to correct the misalign- ‘‘(ix) A determination by the Commis- SEC. l24. ANNUAL REPORT ON PREVENTION OF ment, and for other purposes; which EVASION OF ANTIDUMPING AND sioner responsible for U.S. Customs and Bor- COUNTERVAILING DUTY ORDERS. was ordered to lie on the table; as fol- der Protection under section 516B that mer- (a) IN GENERAL.—Not later than February lows: chandise has been entered into the customs 28 of each year, beginning in 2012, the Com- At the appropriate place, insert the fol- territory of the United States through eva- missioner, in consultation with the Sec- lowing: sion.’’. retary of Commerce, shall submit to the ap- SEC. lll. REGULATORY TIME-OUT. (d) FINALITY OF DETERMINATIONS.—Section propriate congressional committees a report (a) SHORT TITLE.—This section may be 514(b) of the Tariff Act of 1930 (19 U.S.C. on the efforts being taken pursuant to sec- cited as the ‘‘Regulatory Time-Out Act of 1514(b)) is amended by striking ‘‘section 303’’ tion 516B of the Tariff Act of 1930 (as added 2011’’. and all that follows through ‘‘which are re- by section l11 of this title) to prevent the (b) DEFINITIONS.—In this section— viewable’’ and inserting ‘‘section 516B or entry of covered merchandise into the cus- (1) the term ‘‘agency’’ has the meaning title VII that are reviewable’’. toms territory of the United States through given that term under section 3502(1) of title SEC. l12. APPLICATION TO CANADA AND MEX- evasion. 44, United States Code; and ICO. (b) CONTENTS.—Each report required under (2) the term ‘‘covered regulation’’ means a Pursuant to article 1902 of the North Amer- subsection (a) shall include— final regulation that— ican Free Trade Agreement and section 408 (1) for the fiscal year preceding the submis- (A) directly or indirectly increases costs on of the North American Free Trade Agree- sion of the report— businesses in a manner which will have an ment Implementation Act (19 U.S.C. 3438), (A) the number and a brief description of adverse effect on job creation, job retention, the amendments made by this title shall petitions and referrals received pursuant to productivity, competitiveness, or the effi- apply with respect to goods from Canada and section 516B(b)(1) of the Tariff Act of 1930 (as cient functioning of the economy; Mexico. added by section l11 of this title); (B) is likely to— Subtitle B—Other Matters (B) the results of the investigations initi- (i) have an annual effect on the economy of SEC. l21. DEFINITIONS. ated under such section, including any re- $100,000,000 or more; In this subtitle, the terms ‘‘appropriate lated enforcement actions, and the amount (ii) adversely affect in a material way the congressional committees’’, ‘‘Commis- of antidumping and countervailing duties economy, a sector of the economy, produc- sioner’’, ‘‘covered merchandise’’, ‘‘enter’’ and collected as a result of those investigations; tivity, competition, jobs, the environment, ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have and public health or safety, or State, local, or the meanings given those terms in section (C) to the extent appropriate, a summary tribal governments or communities; 516B(a) of the Tariff Act of 1930 (as added by of the efforts of U.S. Customs and Border (iii) create a serious inconsistency or oth- section l11 of this title). Protection, other than efforts initiated pur- erwise interfere with an action taken or SEC. l22. ALLOCATION OF U.S. CUSTOMS AND suant section 516B of the Tariff Act of 1930 planned by another agency; BORDER PROTECTION PERSONNEL. (as added by section l11 of this title), to pre- (iv) materially alter the budgetary impact (a) REASSIGNMENT AND ALLOCATION.—The vent the entry of covered merchandise into of entitlements, grants, user fees, or loan Commissioner shall, to the maximum extent the customs territory of the United States programs or the rights and obligations of re- possible, ensure that U.S. Customs and Bor- through evasion; and cipients thereof; or der Protection— (2) for the 3 fiscal years preceding the sub- (v) raise novel legal or policy issues; and (1) employs sufficient personnel who have mission of the report, an estimate of— (C) did not take effect before September 1, expertise in, and responsibility for, pre- (A) the amount of covered merchandise 2011. venting the entry of covered merchandise that entered the customs territory of the (c) TIME-OUT PERIOD FOR REGULATIONS.— into the customs territory of the United United States through evasion; and (1) PRIOR REGULATIONS.—A covered regula- States through evasion; and (B) the amount of duties that could not be tion that took effect before the date of en- (2) on the basis of risk assessment metrics, collected on such merchandise because the actment of this Act shall be treated as assigns sufficient personnel with primary re- Commissioner did not have the authority to though that regulation never took effect for sponsibility for preventing the entry of cov- reliquidate the entries of such merchandise. the 1-year period beginning on the date of ered merchandise into the customs territory SEC. l25. GOVERNMENT ACCOUNTABILITY OF- enactment of this Act. of the United States through evasion to the FICE REPORT ON RELIQUIDATION (2) PROSPECTIVE REGULATIONS.—A covered ports of entry in the United States at which AUTHORITY. regulation that has not taken effect before the Commissioner determines potential eva- Not later than 60 days after the date of the the date of enactment of this Act, may not sion presents the most substantial threats to enactment of this Act, the Comptroller Gen- take effect during the 1-year period begin- the revenue of the United States. eral of the United States shall submit to the ning on the date of enactment of this Act. (b) COMMERCIAL ENFORCEMENT OFFICERS.— appropriate congressional committees, and (d) EXEMPTIONS.— Not later than September 30, 2011, the Sec- make available to the public, a report esti- (1) IN GENERAL.—The head of an agency retary of Homeland Security, the Commis- mating the amount of duties that could not may exempt a covered regulation prescribed sioner, and the Assistant Secretary for U.S. be collected on covered merchandise that en- by that agency from the application of sub- Immigration and Customs Enforcement shall tered the customs territory of the United section (c), if the head of the agency—

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6141 (A) makes a specific finding that the cov- dustrial, Commercial, and Institutional Boil- trial waste’’, and ‘‘contained gaseous mate- ered regulation— ers and Process Heaters’’, published at 76 rial’’ in the rule entitled ‘‘Standards of Per- (i) is necessary due to an imminent threat Fed. Reg. 15608 (March 21, 2011). formance for New Stationary Sources and to human health or safety, or any other (2) ‘‘National Emission Standards for Haz- Emission Guidelines for Existing Sources: emergency; ardous Air Pollutants for Area Sources: In- Commercial and Industrial Solid Waste In- (ii) is necessary for the enforcement of a dustrial, Commercial, and Institutional Boil- cineration Units’’, published at 65 Fed. Reg. criminal law; ers’’, published at 76 Fed. Reg. 15554 (March 75338 (December 1, 2000); and (iii) has as its principal effect— 21, 2011). (2) shall identify non-hazardous secondary (I) fostering private sector job creation and (3) ‘‘Standards of Performance for New material to be solid waste only if— the enhancement of the competitiveness of Stationary Sources and Emission Guidelines (A) the material meets such definition of workers in the United States; for Existing Sources: Commercial and Indus- commercial and industrial waste; or (II) encouraging economic growth; or trial Solid Waste Incineration Units’’, pub- (B) if the material is a gas, it meets such (III) repealing, narrowing, or streamlining lished at 76 Fed. Reg. 15704 (March 21, 2011). definition of contained gaseous material. a rule, regulation, or administrative process, (4) ‘‘Identification of Non-Hazardous Sec- SEC. ll05. OTHER PROVISIONS. or otherwise reducing regulatory burdens; ondary Materials That Are Solid Waste’’, (a) ESTABLISHMENT OF STANDARDS ACHIEV- (iv) pertains to a military or foreign affairs published at 76 Fed. Reg. 15456 (March 21, ABLE IN PRACTICE.—In promulgating rules function of the United States; or 2011). under section ll02(a), the Administrator (v) is limited to interpreting, imple- (c) INAPPLICABILITY OF CERTAIN PROVI- shall ensure that emissions standards for ex- menting, or administering the Internal Rev- SIONS.—With respect to any standard re- isting and new sources established under sec- enue Code of 1986; and quired by subsection (a) to be promulgated in tion 112 or 129 of the Clean Air Act (42 U.S.C. (B) submits the finding to Congress and regulations under section 112 of the Clean 7412, 7429), as applicable, can be met under publishes the finding in the Federal Register. Air Act (42 U.S.C. 7412), the provisions of sub- actual operating conditions consistently and (2) REVIEW.—Not later than 10 days after sections (g)(2) and (j) of such section 112 shall concurrently with emission standards for all the date of enactment of this Act each agen- not apply prior to the effective date of the other air pollutants regulated by the rule for cy shall submit any covered regulation that standard specified in such regulations. the source category, taking into account the head of the agency determines is exempt SEC. ll03. COMPLIANCE DATES. variability in actual source performance, under this section to the Office of Manage- (a) ESTABLISHMENT OF COMPLIANCE source design, fuels, inputs, controls, ability ment and Budget and Congress. DATES.—For each regulation promulgated to measure the pollutant emissions, and op- (3) NONDELEGABLE AUTHORITY.—The head of pursuant to section 02, the Adminis- erating conditions. an agency may not delegate the authority ll trator— (b) REGULATORY ALTERNATIVES.—For each provided under this subsection to exempt the regulation promulgated pursuant to section application of any provision of this section. (1) shall establish a date for compliance with standards and requirements under such ll02(a), from among the range of regu- SA 718. Mr. INHOFE submitted an regulation that is, notwithstanding any latory alternatives authorized under the amendment intended to be proposed by other provision of law, not earlier than 5 Clean Air Act (42 U.S.C. 7401 et seq.) includ- ing work practice standards under section him to the bill S. 1619, to provide for years after the effective date of the regula- tion; and 112(h) of such Act (42 U.S.C. 7412(h)), the Ad- identification of misaligned currency, (2) in proposing a date for such compliance, ministrator shall impose the least burden- require action to correct the misalign- shall take into consideration— some, consistent with the purposes of such ment, and for other purposes; which (A) the costs of achieving emissions reduc- Act and Executive Order 13563 published at 76 was ordered to lie on the table; as fol- tions; Fed. Reg. 3821 (January 21, 2011). lows: (B) any non-air quality health and environ- At the end, add the following: mental impact and energy requirements of SA 719. Mr. THUNE submitted an TITLE ll—REGULATORY RELIEF the standards and requirements; amendment intended to be proposed by (C) the feasibility of implementing the SEC. ll01. SHORT TITLE. him to the bill S. 1619, to provide for standards and requirements, including the This title may be cited as the ‘‘EPA Regu- identification of misaligned currency, latory Relief Act of 2011’’. time needed to— require action to correct the misalign- (i) obtain necessary permit approvals; and SEC. ll02. LEGISLATIVE STAY. ment, and for other purposes; which (ii) procure, install, and test control equip- (a) ESTABLISHMENT OF STANDARDS.—In ment; was ordered to lie on the table; as fol- place of the rules specified in subsection (b), lows: and notwithstanding the date by which such (D) the availability of equipment, sup- At the appropriate place, insert the fol- rules would otherwise be required to be pro- pliers, and labor, given the requirements of mulgated, the Administrator of the Environ- the regulation and other proposed or final- lowing: mental Protection Agency (in this title re- ized regulations of the Environmental Pro- SEC. l. REPEAL OF CLASS PROGRAM. ferred to as the ‘‘Administrator’’) shall— tection Agency; and (a) REPEAL.—Title XXXII of the Public (1) propose regulations for industrial, com- (E) potential net employment impacts. Health Service Act (42 U.S.C. 300ll et seq.; re- mercial, and institutional boilers and proc- (b) NEW SOURCES.—The date on which the lating to the CLASS program) is repealed. ess heaters, and commercial and industrial Administrator proposes a regulation pursu- (b) CONFORMING CHANGES.— solid waste incinerator units, subject to any ant to section ll02(a)(1) establishing an (1) Title VIII of the Patient Protection and of the rules specified in subsection (b)— emission standard under section 112 or 129 of Affordable Care Act (Public Law 111–148; 124 (A) establishing maximum achievable con- the Clean Air Act (42 U.S.C. 7412, 7429) shall Stat. 119, 846–847) is repealed. trol technology standards, performance be treated as the date on which the Adminis- (2) Section 1902(a) of the Social Security standards, and other requirements under sec- trator first proposes such a regulation for Act (42 U.S.C. 1396a(a)) is amended— tions 112 and 129, as applicable, of the Clean purposes of applying the definition of a new (A) by striking paragraphs (81) and (82); Air Act (42 U.S.C. 7412, 7429); and source under section 112(a)(4) of such Act (42 (B) in paragraph (80), by inserting ‘‘and’’ at (B) identifying non-hazardous secondary U.S.C. 7412(a)(4)) or the definition of a new the end; and materials that, when used as fuels or ingredi- solid waste incineration unit under section (C) by redesignating paragraph (83) as para- ents in combustion units of such boilers, 129(g)(2) of such Act (42 U.S.C. 7429(g)(2)). graph (81). process heaters, or incinerator units are (c) RULE OF CONSTRUCTION.—Nothing in (3) Paragraphs (2) and (3) of section 6021(d) solid waste under the Solid Waste Disposal this title shall be construed to restrict or of the Deficit Reduction Act of 2005 (42 Act (42 U.S.C. 6901 et seq.; commonly re- otherwise affect the provisions of paragraphs U.S.C. 1396p note) are amended to read as ferred to as the ‘‘Resource Conservation and (3)(B) and (4) of section 112(i) of the Clean Air such paragraphs were in effect on the day be- Recovery Act’’) for purposes of determining Act (42 U.S.C. 7412(i)). fore the date of the enactment of section the extent to which such combustion units SEC. ll04. ENERGY RECOVERY AND CONSERVA- 8002(d) of the Patient Protection and Afford- are required to meet the emissions standards TION. able Care Act (Public Law 111–148). Of the under section 112 of the Clean Air Act (42 Notwithstanding any other provision of funds appropriated by paragraph (3) of such U.S.C. 7412) or the emission standards under law, and to ensure the recovery and con- section 6021(d), as amended by the Patient section 129 of such Act (42 U.S.C. 7429); and servation of energy consistent with the Solid Protection and Affordable Care Act, the un- (2) finalize the regulations on the date that Waste Disposal Act (42 U.S.C. 6901 et seq.; obligated balance is rescinded. is 15 months after the date of the enactment commonly referred to as the ‘‘Resource Con- (c) RESCISSION OF UNOBLIGATED DISCRE- of this Act. servation and Recovery Act’’), in promul- TIONARY APPROPRIATIONS.— (b) STAY OF EARLIER RULES.—The following gating rules under section l02(a) addressing (1) IN GENERAL.—Of the unobligated bal- rules are of no force or effect, shall be treat- the subject matter of the rules specified in ances of discretionary appropriations on the ed as though such rules had never taken ef- paragraphs (3) and (4) of section ll02(b), the date of enactment of this Act, $86,000,000,000 fect, and shall be replaced as described in Administrator— is rescinded. subsection (a): (1) shall adopt the definitions of the terms (2) IMPLEMENTATION.— (1) ‘‘National Emission Standards for Haz- ‘‘commercial and industrial solid waste in- (A) IN GENERAL.—The Director of the Office ardous Air Pollutants for Major Sources: In- cineration unit’’, ‘‘commercial and indus- of Management and Budget shall determine

VerDate Mar 15 2010 06:11 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.055 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6142 CONGRESSIONAL RECORD — SENATE October 4, 2011 which appropriation accounts the rescission him to the bill S. 1619, to provide for Banking, Housing, and Urban Affairs’ under paragraph (1) shall apply to and the identification of misaligned currency, Subcommittee on Financial Institu- amount that each such account shall be re- require action to correct the misalign- tions and Consumer Protection be au- duced by pursuant to such rescission. ment, and for other purposes; which thorized to meet during the session of (B) REPORT.—Not later than 60 days after the date of the enactment of this Act, the was ordered to lie on the table; as fol- the Senate on October 4, 2011 at 3 p.m. Director of the Office of Management and lows: to conduct a hearing entitled ‘‘Con- Budget shall submit a report to the Sec- At the end, add the following: sumer Protection and Middle Class retary of the Treasury and Congress listing SEC. ll. PROHIBITION ON TREASURY REGULA- Wealth Building in an Age of Growing the accounts reduced by the rescission in TIONS WITH RESPECT TO INFORMA- Household Debt.’’ paragraph (1) and the amounts rescinded TION REPORTING ON CERTAIN IN- The PRESIDING OFFICER. Without from each such account. TEREST PAID TO NONRESIDENT ALIENS. objection, it is so ordered. (3) EXCEPTIONS.—The rescission under paragraph (1) shall not apply to the Depart- Except to the extent provided in Treasury SUBCOMMITTEE ON IMMIGRATION, REFUGEES, ment of Defense, the Department of Veterans Regulations as in effect on February 21, 2011, AND BORDER SECURITY Affairs, or the Social Security Administra- the Secretary of the Treasury shall not re- Mr. REID. Mr. President, I ask unan- tion. quire (by regulation or otherwise) that an in- imous consent that the Committee on formation return be made by a payor of in- the Judiciary, Subcommittee on Immi- SA 720. Mr. ROBERTS (for himself terest in the case of interest— (1) which is described in section 871(i)(2)(A) gration, Refugees, and Border Security, and Mr. JOHANNS) submitted an amend- of the Internal Revenue Code of 1986, and be authorized to meet during the ses- ment intended to be proposed by him (2) which is paid— sion of the Senate, on October 4, 2011, to the bill S. 1619, to provide for identi- (A) to a nonresident alien, and at 10 a.m. in room SD–226 of the Dirk- fication of misaligned currency, re- (B) on a deposit maintained at an office sen Senate Office Building, to conduct quire action to correct the misalign- within the United States. a hearing entitled ‘‘America’s Agricul- ment, and for other purposes; which f tural Labor Crisis: Enacting a Prac- was ordered to lie on the table; as fol- AUTHORITY FOR COMMITTEES TO tical Solution.’’ lows: MEET The PRESIDING OFFICER. Without At the end of the bill, add the following: objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL SEC. ll. USE OF PESTICIDES IN OR NEAR NAVI- SUBCOMMITTEE ON WATER AND WILDLIFE GABLE WATERS. RESOURCES (a) USE OF AUTHORIZED PESTICIDES.—Sec- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- tion 3(f) of the Federal Insecticide, Fun- imous consent that the Committee on imous consent that the Subcommittee gicide, and Rodenticide Act (7 U.S.C. 136a(f)) Energy and Natural Resources be au- on Water and wildlife of the Committee is amended by adding at the end the fol- thorized to meet during the session of on Environment and Public Works be lowing: the Senate on October 4, 2011, at 10 authorized to meet during the session ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- of the Senate, on October 4, 2011, at 2:30 cept as provided in section 402(s) of the Fed- a.m., in room 366 of the Dirksen Senate Office Building. p.m. in Dirksen 406 to conduct a hear- eral Water Pollution Control Act, the Ad- ing entitled ‘‘Nutrient Pollution: an ministrator or a State may not require a The PRESIDING OFFICER. Without permit under that Act for a discharge from a objection, it is so ordered. Overview of Nutrient Reduction Ap- point source into navigable waters of a pes- COMMITTEE ON THE JUDICIARY proaches.’’ ticide authorized for sale, distribution, or Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without use under this Act, or the residue of such a imous consent that the Committee on objection, it is so ordered. pesticide, resulting from the application of the pesticide.’’. the Judiciary be authorized to meet f (b) DISCHARGES OF PESTICIDES.—Section 402 during the session of the Senate, on Oc- of the Federal Water Pollution Control Act tober 4, 2011, at 3 p.m., in room SD–226 EXECUTIVE SESSION (33 U.S.C. 1342) is amended by adding at the of the Dirksen Senate Office Building, end the following: to conduct a hearing entitled ‘‘Nomina- ‘‘(s) DISCHARGES OF PESTICIDES.— tions.’’ EXECUTIVE CALENDAR ‘‘(1) NO PERMIT REQUIREMENT.—Except as The PRESIDING OFFICER. Without provided in paragraph (2), a permit shall not objection, it it so ordered. Mr. REID. I ask unanimous consent be required by the Administrator or a State that the Senate proceed to executive under this Act for a discharge from a point SELECT COMMITTEE ON INTELLIGENCE source into navigable waters of a pesticide Mr. REID. Mr. President, I ask unan- session to consider Calendar No. 361; authorized for sale, distribution, or use imous consent that the Select Com- that the Senate proceed to vote with- under the Federal Insecticide, Fungicide, mittee on Intelligence be authorized to out intervening action or debate the and Rodenticide Act (7 U.S.C. 136 et seq.), or meet during the session of the Senate motion to reconsider be considered the residue of such a pesticide, resulting on October 4, 2011, at 2:30 p.m. made and laid on the table with no in- from the application of the pesticide. The PRESIDING OFFICER. Without tervening action or debate; that no fur- ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not objection, it is so ordered. ther motions be in order to the nomi- apply to the following discharges of a pes- nation; that any statements related to ticide or pesticide residue: SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ‘‘(A) A discharge resulting from the appli- AGEMENT, GOVENMENT INFORMATION, FED- the nomination be printed in the cation of a pesticide in violation of a provi- ERAL SERVICES, AND INTERNATIONAL SECU- RECORD; that the President be imme- sion of the Federal Insecticide, Fungicide, RITY diately notified of the Senate’s action and Rodenticide Act that is relevant to pro- Mr. REID. Mr. President, I ask unan- and the Senate then resume legislative tecting water quality, if— imous consent that the Committee on session. ‘‘(i) the discharge would not have occurred Homeland Security and Governmental The PRESIDING OFFICER. Without but for the violation; or Affairs’ Subcommittee on Federal Fi- objection, the clerk will report the ‘‘(ii) the quantity of pesticide or pesticide nancial Management, Government In- nomination. residue in the discharge is greater than would have occurred without the violation. formation, Federal Services, and Inter- The legislative clerk read the nomi- ‘‘(B) Stormwater discharges subject to reg- national Security be authorized to nation of Francis Joseph Ricciardone, ulation under subsection (p). meet during the session of the Senate Jr., of Massachusetts, a Career Member ‘‘(C) The following discharges subject to on October 4, 2011, at 10:30 a.m. to con- of the Senior Foreign Service, class of regulation under this section: duct a hearing entitled, ‘‘Costs of Pre- Career Minister, to be Ambassador Ex- ‘‘(i) Manufacturing or industrial effluent. scription Drug Abuse in the Medicare traordinary and Plenipotentiary of the ‘‘(ii) Treatment works effluent. Part D Program.’’ United States of America to the Repub- ‘‘(iii) Discharges incidental to the normal The PRESIDING OFFICER. Without lic of Turkey. operation of a vessel, including a discharge resulting from ballasting operations or ves- objection, it is so ordered. The PRESIDING OFFICER. Is there sel biofouling prevention.’’. SUBCOMMITTEE ON FINANCIAL INSTITUTIONS further debate on the nomination? AND CONSUMER PROTECTION If not, the question is on confirma- SA 721. Mr. RUBIO submitted an Mr. REID. Mr. President, I ask unan- tion of the nomination. amendment intended to be proposed by imous consent that the Committee on The nomination was confirmed.

VerDate Mar 15 2010 05:30 Oct 05, 2011 Jkt 099060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.061 S04OCPT1 rfrederick on DSK6VPTVN1PROD with SENATE October 4, 2011 CONGRESSIONAL RECORD — SENATE S6143 LEGISLATIVE SESSION to this resolution be printed in the (4) calls on the States, localities, schools, universities, nonprofit organizations, busi- The PRESIDING OFFICER. The Sen- RECORD. The PRESIDING OFFICER. Without nesses, other entities, and the people of the ate will resume legislative session. objection, it is so ordered. United States to observe National Save for f The resolution (S. Res. 266) was Retirement Week with appropriate programs agreed to. and activities, with the goal of increasing re- DESIGNATING THE SCHERTZ tirement savings for all people in the United VETERANS POST OFFICE The preamble was agreed to. The resolution, with its preamble, States. reads as follows: f DESIGNATING THE SERGEANT S. RES. 266 CHRIS DAVIS POST OFFICE Whereas people in the United States are ORDERS FOR WEDNESDAY, OCTOBER 5, 2011 Mr. REID. Mr. President, I ask unan- living longer, and the cost of retirement is increasing significantly; imous consent that the Homeland Se- Mr. REID. Mr. President, I ask unan- Whereas Social Security remains the bed- imous consent that when the Senate curity and Governmental Affairs Com- rock of retirement income for the great ma- mittee be discharged from the fol- jority of the people of the United States but completes its business today, it ad- lowing post office naming bills en bloc was never intended by Congress to be the journ until 10 a.m. tomorrow, Wednes- and the Senate proceed to their consid- sole source of retirement income for fami- day, October 5, 2011; that following the eration en bloc: H.R. 771 and H.R. 1632. lies; prayer and pledge, the Journal of pro- The PRESIDING OFFICER. Is there Whereas recent data from the Employee ceedings be approved to date, the Benefit Research Institute indicates that, in morning hour be deemed expired, and objection? 2 the United States, less than ⁄3 of workers or the time for the two leaders be re- Without objection, it is so ordered. their spouses are currently saving for retire- The Senate proceeded to consider the ment, and the actual amount of retirement served for their use later in the day; bills. savings of workers is much less than the that following any leader remarks, the Mr. REID. Mr. President, I ask unan- amount needed to adequately fund their re- Senate be in a period of morning busi- imous consent that the bills be read a tirement years; ness for 1 hour, with Senators per- third time and passed en bloc, the mo- Whereas the financial literacy of workers mitted to speak therein for up to 10 tions to reconsider be laid upon the in the United States is an important factor minutes each, with the time equally di- to workers understanding the true need to table en bloc, with no intervening ac- vided and controlled between the two save for retirement; leaders or their designees, with the Re- tion or debate, and any related state- Whereas saving for retirement is a key ments be printed in the RECORD. component to overall financial health and publicans controlling the first half and The PRESIDING OFFICER. Without security during retirement years, and the the majority controlling the final half; objection, it is so ordered. importance of financial literacy in planning and that following morning business, The bill (H.R. 771) to designate the for retirement must be advocated; the Senate resume consideration of S. facility of the United States Postal Whereas many workers may not be aware 1619, the Currency Exchange Rate Service located at 1081 Elbel Road in of their options in saving for retirement or Oversight Reform Act. may not have focused on the importance of, Schertz, Texas, as the ‘‘Schertz Vet- The PRESIDING OFFICER. Without and need for, saving for retirement; objection, it is so ordered. erans Post Office,’’ was ordered to a Whereas many employees have available to third reading, was read the third time, them, through their employers, access to de- f and passed. fined benefit and defined contribution plans The bill (H.R. 1632) to designate the to assist them in preparing for retirement, PROGRAM facility of the United States Postal yet many of those employees may not be Mr. REID. Mr. President, cloture was Service located at 5014 Gary Avenue in taking advantage of those plans at all or to filed tonight on S. 1619. Unless an Lubbock, Texas, as the ‘‘Sergeant the full extent allowed by Federal law; Whereas the need to save for retirement is agreement is reached, this vote will Chris Davis Post Office,’’ was ordered important even during economic downturns occur Thursday morning an hour after to a third reading, was read the third or market declines, which make continued we come in session. The filing deadline time, and passed. contributions all the more important; for first-degree amendments to S. 1619 f Whereas all workers, including public and is 1 p.m. tomorrow, Wednesday. Votes private sector employees, employees of tax- NATIONAL SAVE FOR exempt organizations, and self-employed in- on amendments to the bill are possible RETIREMENT WEEK dividuals, can benefit from increased aware- during Wednesday’s session. ness of the need to develop personal budgets Mr. REID. Mr. President, I ask unan- f imous consent that the Finance Com- and financial plans that include retirement mittee be discharged from further con- savings strategies and to take advantage of ADJOURNMENT UNTIL 10 A.M. the availability of tax-preferred savings ve- sideration of S. Res. 266 and the Senate hicles to assist workers in saving for retire- TOMORROW proceed to its consideration. ment; and Mr. REID. Mr. President, if there is The PRESIDING OFFICER. Without Whereas October 16 through October 22, no further business to come before the objection, it is so ordered. 2011, has been designated as ‘‘National Save Senate, I ask unanimous consent that The clerk will report the resolution for Retirement Week’’: Now, therefore, be it it adjourn under the previous order. Resolved, That the Senate— by title. There being no objection, the Senate, The legislative clerk read as follows: (1) supports the goals and ideals of ‘‘Na- tional Save for Retirement Week’’, including at 6:43 p.m., adjourned until Wednes- A resolution (S. Res. 266) supporting the raising public awareness of the various tax- day, October 5, 2011, at 10 a.m. goals and ideals of ‘‘National Save for Re- preferred retirement vehicles as important tirement Week,’’ including raising public tools for personal savings and retirement fi- f awareness of the various tax-preferred retire- nancial security; ment vehicles and increasing personal finan- (2) supports the need to raise public aware- CONFIRMATION cial literacy. ness of the availability of a variety of ways Executive nomination confirmed by There being no objection, the Senate to save for retirement which are favored the Senate October 4, 2011: under the Internal Revenue Code of 1986 and proceeded to consider the resolution. DEPARTMENT OF STATE Mr. REID. Mr. President, I ask unan- are utilized by many people in the United States, but which should be utilized by more; FRANCIS JOSEPH RICCIARDONE, JR., OF MASSACHU- imous consent that the resolution be SETTS, A CAREER MEMBER OF THE SENIOR FOREIGN (3) supports the need to raise public aware- agreed to, the preamble be agreed to, SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- ness of the importance of saving adequately SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the motions to reconsider be laid upon for retirement and the continued existence THE UNITED STATES OF AMERICA TO THE REPUBLIC OF the table, with no intervening action TURKEY, TO WHICH POSITION HE WAS APPOINTED DUR- of tax-preferred employer-sponsored retire- ING THE RECESS OF THE SENATE FROM DECEMBER 22, or debate, and any statements relating ment savings vehicles; and 2010, TO JANUARY 5, 2011.

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RECOGNIZING THE ACHIEVEMENTS discussed the impact of community colleges MOTION TO CONCUR IN THE SEN- OF ARNOLD MANN throughout the nation. This roundtable was a ATE AMENDMENT TO H.R. 2608 part of the White House’s highlights of ‘‘Cham- ‘‘SMALL BUSINESS PROGRAM HON. JIM GERLACH pions of Change’’ who are making a notable EXTENSION AND REFORM ACT’’ OF PENNSYLVANIA impression in their communities. IN THE HOUSE OF REPRESENTATIVES The White House also recognized Dr. HON. SHEILA JACKSON LEE OF TEXAS Tuesday, October 4, 2011 Shockley-Zalabak and UCCS for the imple- IN THE HOUSE OF REPRESENTATIVES Mr. GERLACH. Mr. Speaker, I rise today to mentation of the Southern Colorado Edu- Tuesday, October 4, 2011 congratulate Arnold Mann of Collegeville, cational Consortium. This program allows Montgomery County, Pennsylvania for receiv- UCCS to work with other two- and four-year Ms. JACKSON LEE of Texas. Mr. Speaker, ing the Collegeville Rotary Club’s Citizen of colleges in the area to foster educational op- I rise today in support of the motion to concur the Year award. portunities and degree programs. This rural in the Senate amendment to H.R. 2608, ‘‘The A Collegeville resident since 1968, Arnold part of Colorado has historically seen low edu- Small Business Program Extension and Re- form Act of 2011’’ which provides for an addi- Mann has been a member of Collegeville Bor- cational achievement in years past. However, tional temporary extension of programs under ough Council since 1992, serving as its Presi- under the leadership of Dr. Shockley-Zalabak dent from 1994–1996, 1998–2000, and 2010 the Small Business Act and the Small Busi- and the new programs she has helped create, to present day. Currently, Arnold serves on ness Investment Act of 1958. This amendment the Finance Committee and as Chairman of I am confident the newfound success experi- has rectified a job killing flaw that was present the Streets and Roads Committee. Addition- enced by UCCS will continue to grow. in the previous version of this bill. Finally, we ally, he is a member of the Planning Commis- Mr. Speaker, it is an honor to recognize Dr. have a relatively clean continuing resolution sion, the Collegeville-Trappe Sewer Authority Pamela Shockley-Zalabak for her incredible that does not contain any of the job killing rid- and serves as Joint-Chair of the Collegeville- accomplishments and steadfast dedication to ers that I alongside my Democratic colleagues fought so hard against. Trappe Public Works Committee. the Colorado Educational System. She is truly Mr. Speaker the bill before us today is an Further, Arnold Mann is a U.S. Navy vet- making a difference in equipping America’s eran and a graduate of Drexel University. Ar- attempt to reach a much needed compromise youth with the tools, resources and education nold is an active member of Trinity Reformed in the nick of time. By passing this bill today Church of Christ and, during his tenure on necessary to pursue a sustainable career and we will enable the government to remain open church council, served as President and Build- to determine their own destiny. and continuing to serve the needs of the ing Committee Chairman. Arnold and his wife American people. At a time when the central Marty organized a youth group at Trinity and f issue before our country should be jobs and served as youth ministers for seven years. the creation of jobs to advance our economy. Mr. Speaker, in light of his years of out- HONORING CLAYTON M. DRENNER We keep retuning to measures that result in standing service to the community and litany inaction and today we have done what the of exemplary accomplishments, I ask that my American people expect, found common colleagues join me today in recognizing Arnold HON. SAM GRAVES ground. However, we lost a lot of precious Mann on the occasion of being awarded the OF MISSOURI time that should have been focused on jobs. Citizen of the Year Award by the Collegeville Instead, we spent weeks on portions of this IN THE HOUSE OF REPRESENTATIVES Rotary Club. measure that were not going to garner sup- f Tuesday, October 4, 2011 port. The current Continuing Resolution would ex- DR. PAMELA S. SHOCKLEY- Mr. GRAVES. Mr. Speaker, I proudly pause tend the FY 2011 discretionary funding level at ZALABAK TRIBUTE to recognize Clayton M. Drenner. Clayton is a approximately 98.5 percent for agencies and very special young man who has exemplified programs through November 18 of this year. HON. SCOTT R. TIPTON the finest qualities of citizenship and leader- This approximate 1.5 percent cut seeks to OF COLORADO ship by taking an active part in the Boy Scouts bring the level of funding in line with the Budg- et Control Act, which capped FY 2012 discre- IN THE HOUSE OF REPRESENTATIVES of America, Troop 332, and earning the most tionary spending at $1.043 trillion. It also con- Tuesday, October 4, 2011 prestigious award of Eagle Scout. tains various anomalies, including: keeping the Mr. TIPTON. Mr. Speaker, I rise today to Clayton has been very active with his troop, postal service solvent through Nov. 18; ex- honor Dr. Pamela S. Shockley-Zalabak, Chan- participating in many scout activities. Over the tending flood insurance through Nov. 18; cut- cellor of the University of Colorado-Colorado many years Clayton has been involved with ting funding for Overseas Contingency Oper- Springs. Since 2001, Dr. Shockley-Zalabak scouting, he has not only earned numerous ations (Pakistan, Afghanistan); giving DC ac- has worked to improve the educational system merit badges, but also the respect of his fam- cess to its local funds; authorizing DHS to in the State of Colorado in an attempt to en- ily, peers, and community. Most notably, Clay- work on national special security events; and hance student success and graduation rates. renewing import restrictions against Burma. ton has earned the rank of Patrol Leader for In the years ahead, jobs in the United I have consistently implored my colleagues States will be pursuing specialized workers his troop and has become a Member of the to come to the aid of Americans as they have who are educationally qualified and focused in Order of the Arrow. Clayton has also contrib- always done during times of natural disaster. a particular area of expertise. The University uted to his community through his Eagle Scout This measure now provides $2.65 billion, a of Colorado, under Dr. Shockley-Zalabak’s project. Clayton planned and constructed three number which OMB Director Jack Lew has leadership, has concentrated its efforts on im- picnic tables and two fire rings for Lakeside said should be sufficient through Nov. 18. Ad- proving the retention and graduation of ethnic Nature Center’s Camp Lake of the Woods at ditionally, it requires the Homeland Security minority students. UCCS has also worked to Swope Park in Kansas City, Missouri. Department to provide a full accounting of dis- implement programs to advance interest in aster relief funding requirements for FY 2012 Mr. Speaker, I proudly ask you to join me in more specialized careers, including areas no later than 15 days after the date of enact- such as science, technology, engineering and commending Clayton M. Drenner for his ac- ment, and to provide an account of their re- math. complishments with the Boy Scouts of Amer- quirements to meet the department’s needs in Last week, Dr. Shockley-Zalabak partici- ica and for his efforts put forth in achieving the FY 2013 in the President’s budget request pated in a roundtable at the White House that highest distinction of Eagle Scout. next year. It also extends, through Nov. 18,

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

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.001 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1750 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 parts of the flood insurance program, including but because Americans come together at meet local needs. There are tons of stories of the extension of potential new contracts for times of crisis. This should be what it has al- start-up companies catching national attention flood insurance under the National Flood In- ways been emergency funding. and growing into large corporations. Just a surance Program. Finally we as a body are re- Emergency preparedness is not the exclu- few examples of these types of start-up busi- flecting the level of compassion that the Amer- sive responsibility of the federal government or nesses making big include the computer soft- ican people have come to expect. We have individual agencies within it. State and local ware company Microsoft; the package delivery stopped using Disaster Relief funding as a po- officials, nonprofit organizations, private sector service Federal Express; sports clothing man- litical football; and instead addressing the businesses, and individual citizens must all ufacturer Nike; the computer networking firm needs of Americans who find themselves the contribute to the mission in order for our na- America OnLine; and ice cream maker Ben & victims of unforeseeable natural disasters. tion to succeed at protecting life and property Jerry’s. I hope that this is a reflection that now is not from disasters. Recovery and mitigation are We must always ensure that we place a the time to trample on the needs of small busi- critical to protecting communities from future high level of priority on small businesses. It is ness owners. Now is not the time to delay as- threats, and our ability to respond will suffer if important that we work towards ensuring that sistance to those who need support from we do not focus attention and resources on small businesses receive all the tools and re- FEMA. Now is the perfect time to come to- those missions. sources necessary for their continued growth gether for a partisan position that would only On any given day the City of Houston faces and development. have caused more Americans to suffer while a widespread and ever-changing array of American small businesses are the heart they have to wait on Congress to find balance. threats, such as: terrorism, organized crime, beat of our nation. I believe that small busi- Now is the time for balance and reason. natural disasters and industrial accidents. Cit- nesses represent more than the American Small businesses have long been the bed- ies and towns across the nation face these dream—they represent the American econ- rock of our nation’s economy. Even with the and other threats. Indeed, every day, ensuring omy. Small businesses account for 95 percent advent of modern-day multi-national corpora- the security of the homeland requires the of all employers, create half of our gross do- tions most of our day-to-day purchases take interaction of multiple Federal departments mestic product, and provide three out of four place at ‘‘mom and pop’’ small businesses. and agencies, as well as operational collabo- new jobs in this country. Small businesses need access to loans and ration across Federal, State, local, tribal, and Small business growth means economic other lines of credit in order to build their busi- territorial governments, nongovernmental orga- growth for the nation. But to keep this seg- nesses and create jobs. They are the life nizations, and the private sector. This collabo- ment of our economy thriving, entrepreneurs blood of our economy. These businesses, the ration and cooperation undergirds our security need access to loans. Through loans, small ‘‘mom and pop’’ shops across our nation are posture at our borders and ports, our pre- business owners can expand their businesses, no longer being held hostage by my col- paredness in our communities, and our ability hire more workers and provide more goods leagues across the aisle at the expense of to effectively react to crises. Consider the dev- and services. The Small Business Administra- jobs. astation that was brought by the tornadoes in tion, SBA, a federal organization that aids At a time when our nation needs every sin- Alabama and the Southern United States, the small businesses with loan and programs, is a gle job we can create. Before us is finally a flooding that has impacted the entire Mis- key provider of support to small businesses. measure that would allow small businesses to sissippi river region, from Montana to Ten- The SBA’s main loan program accounts for 30 get the support they need. We need job cre- nessee, and tornado that claimed more than percent of all long-term small business bor- ation to help families survive on smaller and l00 lives in Joplin, Missouri, have shown us rowing in America. smaller pay checks. that there are disasters we cannot predict, and I have worked hard to help small business As the Representative for Houston, which forces of nature for which we cannot plan. owners to fully realize their potential. That is suffered severe damage in 2008 as a result of We should not be focused on any measure why I support entrepreneurial development Hurricane Ike, I understand the importance of that would be a job killer, or any measures programs, including the Small Business Devel- clean up and rebuilding in the wake of natural that would be an affront to growing small busi- opment Center and Women’s Business Center disaster. Federal Emergency Management Ad- nesses or will destroy thousands of jobs. programs. These initiatives provide counseling ministration, FEMA, addresses the challenges I have been firmly committed to supporting in a variety of critical areas, including business our communities face when we are confronted small businesses and this legislation as written plan development, finance, and marketing. We with a catastrophic event or a domestic ter- will fail to help create the jobs we need at this must consider what impact changes in this ap- rorist attack. It is important for people to un- time. Moreover, 99 percent of all independent propriations bill will have on small businesses. derstand that our capacity to deal with hurri- companies and businesses in the United There are 5.8 million minority owned busi- canes directly reflects our ability to respond to States are considered small businesses. They nesses in the United States, representing a a terrorist attack in Texas or New York, an are the engine of our economy, creating two- significant aspect of our economy. In 2007, earthquake in California, or a nationwide pan- thirds of the new jobs over the last 15 years. minority owned businesses employed nearly 6 demic flu outbreak. America’s 27 million small businesses con- million Americans and generated $1 trillion We must continue to fund disaster relief. tinue to face a lack of credit and tight lending dollars in economic output. These are unforeseeable events. The dev- standards, with the number of small business Women owned businesses have increased astating hurricanes we have had in Texas in loans down nearly 5 million since the financial 20 percent since 2002, and currently total recent years is a perfect example. Our federal crisis in 2008. close to 8 million. These organizations make response to those events in the past only According to the U.S. Small Business Ad- up more than half of all businesses in health demonstrates a need for significant and con- ministration, these small businesses account care and social assistance. sistent improvement. During Hurricane Katrina, for 52 percent of all U.S. workers. These small My home city of Houston, Texas is home to there were insufficient quantities of generators, businesses also provide a continuing source more than 60,000 women owned businesses, forcing hospitals to evacuate patients. Local of vitality for the American economy. Small and more than 60,000 African American governments waited days for commodities like businesses in the U.S. produced three-fourths owned businesses. ice, water, MREs, and blue tarps. Evacuees of the economy’s new jobs between 1990 and According to a 2009 report published by the from Texas arrived in Shreveport and Bastrop 1995, and represent an entry point into the Economic Policy Institute, ‘‘Starting in 2004, shelters that were grossly unfit for occupancy, economy for new groups. Women, for in- the Small Business Administration, SBA, set and 2,500 people were forced to use the stance, participate heavily in small businesses. goals for small business participation in fed- same shower facility. The number of female-owned businesses eral contracts. It encouraged agencies to We must prepare our first responders with climbed by 89 percent, to an estimated 8.1 award contracts to companies owned by the best information and training to quickly million, between 1987 and 1997, and women- women, veterans, and minorities or those lo- analyze and share information to understand owned sole proprietorships were expected to cated in economically challenged areas and alerts and warning systems, evacuation plan- reach 35 percent of all such ventures by the gave them benchmarks to work toward. The ning, mission assignments to other agencies, year 2000. Small firms also tend to hire a targets are specific: 23 percent of contracts to contingency contracting, pre-staged resources, greater number of older workers and people small business, 5 percent to women-owned Regional Hurricane Plans and exercises, com- who prefer to work part-time. small businesses, and 3 percent to disabled munications support, citizen preparedness, A major strength of small businesses is their veteran-owned and HUBZone small busi- disaster housing, and long-term recovery plan- ability to respond quickly to changing eco- nesses.’’ ning. In order to accomplish this we must fund nomic conditions. They often know their cus- Women and minority owned businesses FEMA, not at the expense of Small business tomers personally and are especially suited to generate billions of dollars and employ millions

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.001 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1751 of people. They are certainly qualified to re- Mr. Speaker, I urge all of my colleagues to strengthened and enriched the metro Detroit ceive these contracts. A mandatory DOD out- support this commonsense reform that will community. As CALC continues its mission, I reach program would make women and minor- help grow our economy while maintaining look forward to continuing my work with its ity owned businesses aware of all of the con- careful stewardship of our National Forest members in our shared goal of building a tract opportunities available to them. System lands. bright future for Michigan and putting the Facts: Small businesses are important be- f American Dream within reach for all. cause they: f (1) Represent 99.7 percent of all employer IN RECOGNITION OF THE MEM- firms, (2) employ just over half of all private BERS OF THE CHALDEAN AMER- HONORING JAY ROBERT sector employees, (3) pay 44 percent of total ICAN LADIES OF CHARITY AS CURLESS III U.S. private payroll, (4) generated 64 percent THEY CELEBRATE FIFTY YEARS of net new jobs over the past 15 years, (5) OF SERVICE TO CHALDEAN FAM- HON. SAM GRAVES create more than half of the nonfarm private ILIES IN SOUTHEAST MICHIGAN OF MISSOURI gross domestic product, GDP, (6) hire 40 per- IN THE HOUSE OF REPRESENTATIVES cent of high tech workers (such as scientists, HON. GARY C. PETERS Tuesday, October 4, 2011 engineers, and computer programmers), (7) OF MICHIGAN Mr. GRAVES. Mr. Speaker, I proudly pause are 52 percent home-based and 2 percent IN THE HOUSE OF REPRESENTATIVES to recognize Jay Robert Curless III. Jay is a franchises, (8) made up 97.3 percent of all Tuesday, October 4, 2011 very special young man who has exemplified identified exporters and produced 30.2 percent the finest qualities of citizenship and leader- Mr. PETERS. Mr. Speaker, I rise today to of the known export value in FY 2007, and (9) ship by taking an active part in the Boy Scouts recognize the Chaldean American Ladies of produce 13 times more patents per employee of America, Troop 332, and earning the most Charity (CALC) as it celebrates fifty years of than large patenting firms and twice as likely prestigious award of Eagle Scout. as large firm patents to be among the one service to the Chaldean community of metro Jay has been very active with his troop, par- percent most cited. Detroit. ticipating in many scout activities. Over the Republicans appear to be on a mission to Established in 1961 by twenty women vol- many years Jay has been involved with scout- cut programs that help families and that will unteers, CALC’s mission has been to assist ing, he has not only earned numerous merit buttress small businesses. At a time when needy Chaldean families in Southeast Michi- badges, but also the respect of his family, there are Americans faced with the perils gan. CALC initially focused on providing care peers, and community. Most notably, Jay has which arise during cleaning up after a natural and support to the elderly and sick, but has contributed to his community through his disaster. Now. There needs to be a balance transitioned and expanded its services as the Eagle Scout project. Jay planned and con- when determining which programs to cut and needs of the community have evolved. structed a bed rail system that allows with dis- when. A balance to finding the funds that will As the greater Detroit region has developed abilities to use the camp cabins at the Rotary address national disasters. A balanced ap- over the last half century, Chaldean Ameri- Youth Camp in Lee’s Summit, Missouri. Jay proach is important to ensuring that small cans have grown with it, becoming an integral also plans to complete his college education businesses receive the support they need. We part of the community. Over time, as the and enlist as an officer in the United States have temporarily achieved that balance in this Chaldean population has grown and new gen- Navy measure. erations have been raised outside their ances- Mr. Speaker, I proudly ask you to join me in I stand here once again calling for meas- tral homeland, CALC has taken a leading role commending Jay Robert Curless III for his ac- ures that will advance job growth, create new in helping Chaldean Americans preserve their complishments with the Boy Scouts of Amer- jobs, and help small business. American fami- culture and history. Furthermore, CALC has ica and for his efforts put forth in achieving the lies need measures that are job growers rath- also become a valuable bridge to the broader highest distinction of Eagle Scout. er than measures that are jobs killers. community, sharing the rich history and culture f f of Iraqi Catholics. And most importantly, CALC has taken on the responsibility of helping RECOGNIZING THE 100TH ANNIVER- SKI AREA RECREATIONAL OPPOR- newly arrived Chaldean refugees integrate and SARY OF TEN TEN DAY FOR THE TUNITY ENHANCEMENT ACT OF become successful members of the commu- PEOPLE OF TAIWAN 2011 nity by providing basic services and support for those who need more critical services. HON. MADELEINE Z. BORDALLO SPEECH OF As CALC celebrates its fiftieth anniversary, OF GUAM HON. CATHY McMORRIS RODGERS the success of the organization can be seen IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON in its seven hundred volunteers who continue Tuesday, October 4, 2011 its mission of serving Chaldean families in IN THE HOUSE OF REPRESENTATIVES Ms. BORDALLO. Mr. Speaker, I rise today need with a dynamic set of initiatives and pro- Monday, October 3, 2011 to congratulate the people of Taiwan on the grams. By collecting and distributing essential celebration of the 100th anniversary of ‘‘Ten Mrs. MCMORRIS RODGERS. Mr. Speaker, supplies to newly arrived Chaldean refugees Ten Day.’’ Ten Ten Day traces its roots to the I rise in strong support of H.R. 765, the Ski and families facing obstacles, CALC is the Wuchang Uprising that occurred on October Area Recreation Opportunity Enhancement most crucial community support mechanism. 10, 1911, and that signaled the end of the Act of 2011, which updates the Ski Area Per- Today, CALC provides a comprehensive set of Qing Dynasty and the start of a democratic mit Act to reflect the wide range of rec- youth programs that provide cultural, edu- movement that we continue to celebrate reational activities that are taking place at ski cational and recreational enrichment opportu- today. Ten Ten Day is a celebration of the end areas on National Forest System lands. nities to promote strong scholarship and citi- of tyranny for the Chinese people and the birth Having previously introduced similar legisla- zenship in Chaldean American youth. A fully of democracy. It is significant to all freedom tion and as a cosponsor of H.R. 765, I have developed series of programs for families in loving people throughout the world. long supported this commonsense permit re- need provides educational scholarships, es- I want to especially recognize the people of form. Giving ski resorts on National Forest sential material assistance in food and clothing Taiwan on this most important occasion. Tai- lands the opportunity to offer alternatives to and free health services to uninsured families. wan has much to celebrate and it is a thriving traditional winter downhill activities year-round In order that its mission endures, CALC’s economic force in Asia, due to its visionary will help grow the economies of local commu- Chaldean Angels program teaches the next leadership. I met with President Ma Ying-jeou nities and create jobs. generation of young women the importance of and I commend his efforts to promote trade For instance, in Eastern Washington nestled community service. Under the leadership of and improve relations between Taiwan and among 2,450 acres of the Northwest Rockies, my friend, President LeeAnn Kirma, CALC not China. Guam is home to many people of Chi- 49° North Mountain Resort—Eastern Washing- only supplies precious material resources, but nese ancestry and our island continues to ton’s most family friendly resort—will be able brings hope to the dispirited. benefit from their cultural contributions to our to offer year-round family friendly opportuni- Mr. Speaker, as the Chaldean American La- community and the promotion of trade and ties. At zero cost to the taxpayers, this bill is dies of Charity celebrates its fiftieth anniver- economic opportunities. an easy way to help increase the productivity sary, I rise to join its members and honor their I congratulate the people of Taiwan on the of businesses on National Forest System decades of service to Chaldean families 100th anniversary of Ten Ten Day. We cele- lands. across Southeast Michigan, which has greatly brate this historic occasion with them and we

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.003 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1752 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 honor their friendship with the American peo- Bridgeview have awarded her plaques of rec- IN HONOR OF TAIWAN’S ple. We wish them many years of future pros- ognition. CENTENNIAL NATIONAL DAY perity and we thank them for their friendship. I am happy to recognize Ms. Euginia f Milionis’ efforts and contributions to her com- HON. KENNY MARCHANT OF TEXAS TAIWAN’S 100TH ANNIVERSARY munity. Her dedication to ensuring a safe IN THE HOUSE OF REPRESENTATIVES commute for students truly serves as an inspi- HON. ELIOT L. ENGEL ration to others. I am distinctly proud to count Tuesday, October 4, 2011 Mr. MARCHANT. Mr. Speaker, I extend my OF NEW YORK her among the fine citizens of the Third Dis- congratulations and best wishes to President IN THE HOUSE OF REPRESENTATIVES trict of Illinois, and I wish her a long and happy retirement. Ma Ying-jeou on the occasion of Republic of Tuesday, October 4, 2011 China (Taiwan)’s Centennial National Day. Mr. ENGEL. Mr. Speaker, on October 10th, f This national holiday commemorates the 1911 the Republic of China (Taiwan), one of the Wu-ch’ang uprising that ended centuries of closest friends of the United States in the Pa- 50TH ANNIVERSARY OF THE monarchy and led to the birth of the Republic cific, will be celebrating its 100th Anniversary COOLSPRING DEMOCRATIC CLUB of China. of the Chinese Revolution. I would like to con- Taiwan and the United States enjoy a ro- gratulate Taiwan on this historic milestone, bust relationship that reflects our two coun- and I urge my colleagues to do the same. HON. PETER J. VISCLOSKY tries’ historical, cultural and economic ties over October 10th, 1911 marks the beginning of the last century. Despite lack of formal rela- what was the Wuchang Uprising, which ulti- OF INDIANA tions between the two countries, the United mately brought an end to the Qing Dynasty’s IN THE HOUSE OF REPRESENTATIVES States and Taiwan continue to be strong part- 268-year rule in China. The fall of the Dynas- ners in trade, cultural and educational ex- ty’s resulted in the establishment of the Re- Tuesday, October 4, 2011 changes as well as cooperation in many other areas. Taiwan’s cooperation with the United public of China (Taiwan), which was then im- Mr. VISCLOSKY. Mr. Speaker, it is my dis- mediately recognized by the United States as States in combating global terrorism has tinct honor to rise today to honor one of Indi- the sole and legitimate government of China. earned the trust of the American people and In these 100 years, Taiwan has evolved into ana’s fine organizations, the Coolspring boosted exchanges and friendship between a shining example of democracy. As the coun- Democratic Club, and to congratulate its mem- our two nations. Such relations also extend to try liberalized and opened up to the world, its bership as they celebrate the club’s 50th Anni- discussions over Taiwan’s military needs. A political system has progressed into one of the versary. In honor of this momentous occasion, strong Taipei-Washington relationship is in strongest democratic systems in Asia, evi- the members of the Coolspring Democratic both governments’ best interests for the sta- denced most recently by holding free and fair Club will be celebrating with dinner and enter- bility of East Asia. Last year, we celebrated presidential elections. While these significant tainment on Saturday, October 8, 2011, at the the 31st anniversary of the enactment of the achievements took place, the U.S.-Taiwan re- American Legion Post 37 in Michigan City, In- Taiwan Relations Act, the cornerstone of U.S.- Taiwan relations. lationship transformed from one based solely diana. on shared interests to one based on shared My additional congratulations to the people values. Our mutual respect for human rights The Coolspring Democratic Club, which was of Taiwan for their continued participation in and dignity, and our belief in a strong demo- founded in 1961, was established to promote the World Health Assembly meetings this May cratic system of government has allowed this the general ideals of the Democratic Party in in Geneva. I hope Taiwan will also soon join relationship to flourish. LaPorte County and to promote the general the International Civil Aviation Organization I congratulate the Taiwanese on this historic welfare of the entire community. In 1961, nine (ICAO). 100-year occasion, and I look forward to help- individuals formed the first committee, led by I join my fellow colleagues in wishing the people of Taiwan a joyous Centennial National ing further develop the close relationship be- its commanders, Mr. and Mrs. Elvin Rodgers. Day celebration and look forward to expanding tween the United States and Taiwan as we Mr. and Mrs. Rodgers, along with the other our strong relationship. move forward into the 21st Century. committee members, had the foresight and ini- f f tiative to foster change in their community and WORLD SPACE WEEK TO COMMEND MS. EUGINIA bring Democratic principles to anyone who MILIONIS FOR 49 YEARS OF sought to impact society in a positive way. SERVICE AS A CROSSING GUARD This original committee, as well as all past HON. MICHAEL G. FITZPATRICK and present members, will be honored at the OF PENNSYLVANIA HON. DANIEL LIPINSKI Anniversary celebration for their commitment IN THE HOUSE OF REPRESENTATIVES Tuesday, October 4, 2011 OF ILLINOIS to promoting the ideals of the Democratic IN THE HOUSE OF REPRESENTATIVES Party. Mr. FITZPATRICK. Mr. Speaker, today the Franklin Institute of Philadelphia and the Tuesday, October 4, 2011 The Coolspring Democratic Club continues to uphold its mission set forth by its founding NASTAR Foundation will kick off World Space Mr. LIPINSKI. Mr. Speaker, I rise today to members under the leadership of its current Week by welcoming Shuttle Commander Chris recognize Ms. Euginia Milionis, an exemplary Ferguson, who led the final U.S. shuttle mis- Committee President, Dawn Proud, Vice citizen of Illinois’ Third Congressional District, sion to the International Space Station. When for her dedicated service to the students of the President, Johnny Stimley, Secretary, Pat the shuttle returned on July 20, it marked the Villages of Bridgeview and Justice. Ms. Steele, and Treasurer, Bonnie Hunt. These end of a 30-year NASA program. Ferguson’s Milionis is retiring after forty-nine years as a dedicated individuals have worked tirelessly to mission, the 33rd flight of Atlantis, was the crossing guard, exercising diligence and com- provide for the LaPorte County community and 37th shuttle mission to the space station, and mitment to ensuring the safety of the youngest to promote patriotism and altruism among their the 135th and final mission of NASA’s Space members of our community. neighbors. Shuttle Program. Ms. Milionis served the past twenty-one Mr. Speaker, I ask that you and my other Commander Ferguson was born in Philadel- years stationed at the busy intersection of distinguished colleagues join me in honoring phia, Pennsylvania, and his mother Mary Ann 79th Street and Roberts Road. In rain, shine, and stepfather Norman now reside in and congratulating the Coolspring Democratic sleet, and snow, Ms. Milionis has always been Langhorne, Bucks County. Ferguson grad- Club on its 50th Anniversary. I also ask that present with a warm smile and welcoming uated from Archbishop Ryan High School in wave. Her commitment to local children has you join me in honoring its membership for Philadelphia, and received his Bachelor of inspired others to become involved in their their service to their community. Through the Science degree in mechanical engineering community as well. Ms. Milionis’ daughter, years, the organization’s members have from Drexel University. Throughout his career, Dina, has also worked as a crossing guard for graced us with their patriotism and benevo- Ferguson has earned many commendations, several years. In commemoration and grati- lence and are to be recognized for their self- including the Legion of Merit, Distinguished tude for Ms. Milionis’ many years of service, lessness and commitment to their fellow citi- Flying Cross, Navy Strike-Flight Air Medal and both Lyons Township and the Village of zens. three NASA Spaceflight Medals.

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.005 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1753 Commander Ferguson is a decorated mili- REPUBLIC OF CHINA (TAIWAN) Army; Anthony DelCollo, U.S. Army Air Corps; tary officer, and a distinguished son of Penn- 100TH ANNIVERSARY Leo Kraft, U.S. Marine Corps; Joseph sylvania. The 8th District of Pennsylvania and Lavallee, U.S. Marine Corps; Charlotte I are proud to honor him this week. HON. JOHN J. DUNCAN, JR. ‘‘Sharkey’’ Meyer, U.S. Marine Corps; Michael f OF TENNESSEE Pershem, U.S. Marine Corps; Francis Welsh, IN THE HOUSE OF REPRESENTATIVES U.S. Marine Corps; Donald Ayriss, U.S. Navy; 100TH ANNIVERSARY OF THE PRO- John Brazie, U.S. Navy; Jack Buckley, U.S. TECTION OF THE VIRGIN MARY Tuesday, October 4, 2011 Navy; Kenneth Deacon, U.S. Navy; Keith ORTHODOX CHURCH Mr. DUNCAN of Tennessee. Mr. Speaker, Frey, U.S. Navy; Melvin Leroy Kerber, U.S. One of our closest allies and best friends in Navy; Margaret Lutz, U.S. Navy; James HON. PETER J. VISCLOSKY the world of nations is the Republic of China Petralba, U.S. Navy; Allan Westphal, U.S. OF INDIANA (Taiwan). Navy; Frank Smith, U.S. Navy. IN THE HOUSE OF REPRESENTATIVES October 10th will be a very special day for These 27 heroes join more than 63,000 vet- Tuesday, October 4, 2011 the people of Taiwan as that country will cele- erans from across the country who, since brate its 100th anniversary. 2005, have journeyed from their home states Mr. VISCLOSKY. Mr. Speaker, it is with Taiwan and the United States have been great pleasure that I congratulate Protection of to Washington, D.C. to reflect at the memo- very special and close friends since shortly rials built in honor of our nation’s veterans. the Virgin Mary Orthodox Church as its con- after World War II, and this relationship was Mr. Speaker, each of us is humbled by the gregation joins together in celebration of its formalized in law by the passage of the Tai- courage of these soldiers, sailors, airmen and 100th Anniversary. The congregation, along wan Relations Act of 1979. marines who put themselves in harm’s way for with Parish Pastor, Father Peter Bodnar, and Taiwan has seen multitudes of economic our country and way of life. As a nation, we Parish Council President, Nick Rozdelsky, miracles take place in the second half of the can never fully repay the debt of gratitude celebrated this momentous milestone with a twentieth century and the early years of this owed to them for their honor, commitment, celebratory reception on Sunday, October 2, century, because that nation has followed a and sacrifice in defense of the freedoms we 2011, at the Saint Elijah Serbian American free market, free enterprise system closer than have today. Hall in Merrillville, Indiana. almost any other country. Protection of the Virgin Mary Church was I had the privilege of spending a week in My colleagues, please join me in thanking originally established in Gary, Indiana, on Sep- Taiwan along with Congressman PETE SES- these veterans and the volunteers of Honor tember 28, 1911, when a group of Slavic, SIONS and former Congressman Sonny Cal- Flight of Oregon for their exemplary dedication Christian immigrants joined together with the lahan around ten years ago. The Taiwanese and service to this great country. I especially goal of preserving Christian Orthodox religious people could not have been kinder or more want to recognize and thank Gail Yakopatz for traditions. At that time, many immigrants impressive to us than during that visit. her tireless work as president of Honor Flight moved to Gary in search of employment op- The University of Tennessee started having of Oregon. portunities created by the growing steel indus- a large number of students coming from Tai- try. The church services were first held at a wan in the early 1960s because a man from f rental location in Gary, but a lack of funds led that nation, Nelson Nee, was head of the U.T. church elder Kondrat Krenitsky to provide a International Students Program. Many of these DOE CREEK SCHOOL room in his home for services to be held. After students became, and many still are, leaders some time, members were able to secure a lo- in the Republic of China. HON. MARSHA BLACKBURN cation for the church, and on September 8, As I was leaving Taiwan during my visit 1912, a new church was dedicated and con- years ago, I asked one of the officials how you OF TENNESSEE secrated in Gary, Indiana. The church became said, ‘‘Thank you for your friendship’’ in Chi- IN THE HOUSE OF REPRESENTATIVES widely known as Saint Mary’s. The first per- nese. She wrote out the words, ‘‘Shieh Shieh manent pastor was Reverend Benjamin Ni De Yo Yi.’’ Tuesday, October 4, 2011 Kedrovsky, who held his position until 1957. Whether this is exactly correct or not, and I Mrs. BLACKBURN. Mr. Speaker, over 140 Saint Mary’s continued to grow, and in Janu- hope it is, I will take this time to say I am years ago, recognizing the need for a gath- ary 1962, a new church, also located in Gary, thankful for the friendship of the people from ering place of worship and of academics, was consecrated by His Eminence Archbishop Taiwan. members of the Doe Creek community built a John Garklavs. Nearly four decades later, the I congratulate them on this 100th anniver- one-room school house. Fashioned from hewn church leaders and parishioners built a new sary, and I believe that as long as they allow logs and built on a stone pier foundation dur- church and relocated to its current location in their people the utmost freedom, Taiwan will ing the Civil War era, the school saw its last Merrillville, Indiana, where services began in remain a prosperous and dynamic nation into student in 1948 and fell out of use. Accurately the year 2000. the future. reconstructed and refurbished in 2007, the Other pastors of the parish throughout the f Doe Creek School is now listed on the Na- years include: Father Sergei Garklavs, Father tional Register of Historic Places. Peter Rozdelsky, Father John Zabinko, Father TRIBUTE TO HONOR FLIGHT OF Thomas Brown, Father Blagoy Topuzliev, Fa- OREGON One of the remaining one-room school ther William Bass, and current pastor, Father houses in existence, the Doe Creek School Peter Bodnar. HON. GREG WALDEN continues to be a place of learning and gath- ering. With funds raised by the Doe Creek The parishioners of Saint Mary’s Church OF OREGON community, and built with hands laboring by have always been active and generous in their IN THE HOUSE OF REPRESENTATIVES support of numerous civic endeavors, contrib- another’s cause, the restoration brought friend uting to projects such as the construction of a Tuesday, October 4, 2011 and neighbor together in a way that only Permanent Shrine in San Francisco for the Mi- Mr. WALDEN. Mr. Speaker, I rise to recog- shared history is able. Just as in generations raculous Ikon, the Holy Virgin Mary of Kazan, nize the 27 World War II veterans from Or- past, the Doe Creek School will be a place for and the Midwest Diocesan Expansion Pro- egon who will be visiting their memorial this generations to come to share stories and learn gram. Friday in Washington, D.C. through Honor from each other. Mr. Speaker, I ask that you and my other Flight of Oregon. On behalf of a grateful state I rise today in support of the Doe Creek distinguished colleagues join me in honoring and country, we welcome these heroes to the Restoration Committee as they celebrate and congratulating Protection of the Virgin nation’s capital. being named to the National Register of His- Mary Orthodox Church of Merrillville, Indiana, The veterans on this flight from Oregon are: toric Places. I appreciate the dedication of all on its 100th Anniversary. Through many hard- William Raupp, U.S. Air Force; Russell Blow- who worked to see this day, and thank the ships, the members of Saint Mary’s have dedi- er, U.S. Army; William Brown, U.S. Army; Committee and surrounding community for cated themselves to preserving Christian Or- Glenn Butler, U.S. Army; Earl Davis, U.S. recognizing the great value in holding firm to thodox traditions and spiritual beliefs. For their Army; Howard Heinz, U.S. Army; LeRoy Hop- one’s roots. I ask my colleagues to stand with commitment to service, and for touching the kins, U.S. Army; David Kyle, U.S. Army; Har- me in thanking those who offered their time, lives of countless individuals, they are worthy old ‘‘Bud’’ Loucks, U.S. Army; Robert Rampy, talents, and treasure to see their history re- of the highest praise. U.S. Army; Harrison ‘‘Robbie’’ Robbins, U.S. gained.

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.007 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1754 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 IN CELEBRATION OF THE 100TH viduals. Along with the other men and women for Taiwan’s defense under the Taiwan Rela- ANNIVERSARY OF THE REPUB- of Northwest Indiana’s unions, these individ- tions Act. We need to expedite the sale of F– LIC OF CHINA (TAIWAN) MON- uals have committed themselves to making a 16 C/D fighters to Taiwan to replace Taiwan’s DAY, OCTOBER 3, 2011 significant contribution to the growth and de- aging air force and maintain air power balance velopment of the economy of the First Con- power across the Taiwan Strait. Arms sales to HON. CHARLES B. RANGEL gressional District, and I am very proud to rep- Taiwan can maintain stability in East Asia by OF NEW YORK resent them in Washington, DC. making it more difficult for the PRC to bully Taiwan now and in the future. Besides, the IN THE HOUSE OF REPRESENTATIVES f PRC still has more than one thousand mis- Tuesday, October 4, 2011 HONORING THE CONTRIBUTION OF siles aimed at Taiwan. It is necessary for Tai- Mr. RANGEL. Mr. Speaker, a very signifi- DR. BARBARA-ANN WEINSTEIN wan to maintain strong military self-defense cant milestone is upon us. The Republic of ED.D capabilities. China (Taiwan), our close friends in Asia, will It is also my view that we should support be celebrating their 100th anniversary on Oc- HON. THEODORE E. DEUTCH Taiwan’s participation in global affairs by help- tober 10th, 2011. OF FLORIDA ing Taiwan become an observer of the Inter- Many congratulations are in order for Tai- IN THE HOUSE OF REPRESENTATIVES national Civil Aviation Organization (ICAO) and other United Nations’ specialized agen- wan and their President Ma Ying-jeou on this Tuesday, October 4, 2011 special occasion. With all the turmoil in the cies. An internationally visible Taiwan is a middle-east, Taiwan should be an inspiration Mr. DEUTCH. Mr. Speaker, I rise today in strong Taiwan. to those countries that are looking to have a honor of Dr. Barbara-Ann Weinstein, recipient Taiwan is our major trading partner and col- government of the people and for the people. of the Leadership Broward Foundation’s Out- laborating with us in many other areas. Our Taiwan is a very young democracy, only standing Broward Leader Award. Each year strong economic and cultural ties to the Re- having their first Presidential elections in 1996. the Leadership Broward Foundation honors a public of China (Taiwan) go back a hundred During this time, though, they have had three select group of individuals who have distin- years. I am certain that this strong bond will peaceful transfers from one party to another. guished themselves through outstanding serv- continue for another one hundred years and Long gone is authoritarian rule; it has been re- ice and a commitment to our community. As more. placed with a true democracy. President of Family Central of Broward Coun- f As a proud American and a believer in the ty, Dr. Weinstein is the embodiment of these NICK GIANIKOS, AHEPAN OF THE democratic process, it is refreshing to see Tai- values. I can think of no one more deserving YEAR wan following in our footsteps when it comes of this award than someone who has devoted to governing their people. her career to promoting the welfare of children and their families in South Florida. HON. PETER J. VISCLOSKY My hope is that countries throughout the OF INDIANA Dr. Weinstein has been a strong advocate world that are in crisis can look at Taiwan as IN THE HOUSE OF REPRESENTATIVES another example of how to structure a govern- for children through Family Central since ment that enables both its country and people 1985. Over the years, her guidance, support, Tuesday, October 4, 2011 to thrive. and dedication led Family Central to provide a Mr. VISCLOSKY. Mr. Speaker, it is with Again, congratulations to The Republic of variety of educational services and family sup- great pleasure and admiration that I stand be- China (Taiwan) on your 100th anniversary. port in Broward, Palm Beach and Miami-Dade- fore you today to honor Nick Gianikos as he f Counties. For nearly 40 years, this organiza- is recognized by the American Hellenic Edu- tion has played a pivotal role in the lives of cational Progressive Association (AHEPA) as 2011 APPRENTICE GRADUATES OF South Florida families by strengthening the so- Chapter, District, and National Ahepan of the THE ROOFERS LOCAL UNION 26 cial, emotional and economic ties that family Year. AHEPA will be honoring Nick at the members have to one another, as well as to AHEPA, Chapter 78 meeting on October 5, HON. PETER J. VISCLOSKY their community. Last year alone, Family Cen- 2011, at the Hobart Lodge in Hobart, Indiana. OF INDIANA tral’s vital services reached more than 130,000 The Order of AHEPA was founded on July IN THE HOUSE OF REPRESENTATIVES South Florida clients. 26, 1922, in Atlanta, Georgia, joining the I am so pleased that Ms. Weinstein has NAACP and B’nai B’rith in the effort to end Tuesday, October 4, 2011 been selected as an honoree. Her commit- racism, bigotry, and discrimination against all Mr. VISCLOSKY. Mr. Speaker, it is with ment to children and families has been essen- immigrants. AHEPA was founded on the prin- great sincerity and respect that I offer con- tial to providing a strong foundation for South ciples of ancient Greece promoting civic re- gratulations to several of Northwest Indiana’s Florida’s children. sponsibility, education, philanthropy, family, most talented, dedicated, and hardworking in- f and individual excellence through volunteerism dividuals. On Saturday, October 15, 2011, the and community service. Roofers Local Union 26 will honor the grad- TAIWAN’S CENTENNIAL NATIONAL Nick Gianikos, Chapter 78 President of Phi- uating class of 2011 at the Annual Apprentice DAY lanthropy, has been a tremendous leader and Graduation Banquet, which will be held at The a true inspiration. He has been able to touch Patio Restaurant in Merrillville, Indiana. HON. RICHARD L. HANNA the lives of many individuals through his posi- At this year’s banquet, the Roofers Local OF NEW YORK tion and has done so passionately and persist- Union 26 will recognize and honor the 2011 IN THE HOUSE OF REPRESENTATIVES ently. Through these trying economic times, Apprentice Graduates. The individuals who the number of people in need is great. Due to Tuesday, October 4, 2011 have completed their apprentice training in Nick’s direction and unwavering dedication, he 2011 are: Nathan Chandler, Robert Crachy, Mr. HANNA. Mr. Speaker, on Taiwan’s fast has been able to plan and execute several Justin Greenleaf, Stephen Hahn, Jason approaching Centennial National Day this Oc- projects with the help of other devoted Ahepan Hilgeman, Donald Holsclaw, Kevin Hudson, tober 10, I salute the people in Taiwan for brothers and the chapter’s Philanthropy Com- James Johnson, Ryan Kalwa, Christopher their many accomplishments, including the mittee. For his outstanding commitment to Magley, Henry Patterson III, Danny Powell, completion of the Economic Cooperation serving those in need, Nick is to be com- Antonio Sanyet, Nicholas Sallay, Alfonso Framework Agreement (ECFA) with the Peo- mended. Uribe, and Brian Whitaker. ple’s Republic last year. The recent rap- Under Brother Gianikos’s leadership, Chap- Northwest Indiana has a rich history of ex- prochement between Taiwan and mainland ter 78’s Philanthropy Committee has initiated cellence in its craftsmanship and loyalty by its China have also reduced tensions across the projects, team visits, and social events with tradesmen. These graduates are outstanding Taiwan Strait. The people of Taiwan no longer many organizations, including: the Ross Town- examples of each. They have mastered their fear imminent hostile actions from the main- ship Food Pantry and Senior and Disabled trade and have demonstrated their loyalty to land and will be able to live peacefully and Bus Service Support, Christian Haven House, both the union and the community through even meet and interact with tourists from the Meals on Wheels, Veterans for Life Changing their hard work and selfless dedication. mainland. Services, Saint Jude House, Saints Monica Mr. Speaker, I ask that you and my other However, the current amity between the two and Luke Soup Kitchen, Saint Iakovos Church, distinguished colleagues join me in congratu- sides does not eliminate the need for the Saints Constantine and Helen Church, So- lating these dedicated and hardworking indi- United States to continue to provide weapons journer Truth House, Rebuilding South Lake

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.011 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1755 County, the Salvation Army, and the Southeast Asia. Its people enjoy the ability to breast cancer. As we recognize October as Merrillville Boys and Girls Club. In addition, decide their country’s future with their right to NBCAM, we stand by all those affected by this this past year, Nick chaired the Chapter 78 full participation in the election of their rep- disease. I will continue to work to raise greater Membership Committee, which focused on resentatives. awareness and promote new funding for re- finding new members who wish to participate The democratic success of Taiwan has co- search into breast cancer. I am hopeful that in AHPEA functions and commit to projects incided with significant economic achieve- my colleagues, organizations like Komen, and that adhere to AHEPA’s goals. ments. Today, Taiwan’s economy is the sev- families across the nation can come together Brother Gianikos’s commitment to AHEPA enteenth largest in the world, and the United to fight this disease. God bless the mothers, and to serving others in the community of States’ ninth largest trading partner. Addition- sisters, and daughters battling this disease, Northwest Indiana is exceeded only by his de- ally, the nation is globally recognized as a and their families for their love and support. votion to his amazing family. He and his won- major innovator of information technology f derful wife Maureen have two beloved children products. and five adoring grandchildren. This is an exciting time for the Taiwanese RECOGNIZING THE AIR COMMANDO Mr. Speaker, at this time, I ask that you and people, and I am honored to help them cele- ASSOCIATION AND THE AIR my other distinguished colleagues join me in brate their 100th anniversary. FORCE SPECIAL OPERATIONS COMMUNITY FOR THE 50TH ANNI- congratulating AHEPA and Brother Nick f Gianikos as he is recognized as Ahepan of VERSARY OF JUNGLE JIM AND the Year for his excellent leadership, persever- TRIBUTE TO NATIONAL BREAST FOR ITS CONTRIBUTIONS TO OP- ance, and everlasting enthusiasm shown CANCER AWARENESS MONTH ERATIONS DESERT STORM AND through his service to so many in need ENDURING FREEDOM throughout Northwest Indiana and across the HON. JOE BACA nation. For his outstanding contributions to In- OF CALIFORNIA HON. JEFF MILLER diana’s First Congressional District, Nick is IN THE HOUSE OF REPRESENTATIVES OF FLORIDA worthy of the highest praise. Tuesday, October 4, 2011 IN THE HOUSE OF REPRESENTATIVES f Mr. BACA. Mr. Speaker, I rise today to ask Tuesday, October 4, 2011 A TRIBUTE TO ZACH WEIGEL Congress to recognize October as National Mr. MILLER of Florida. Mr. Speaker, I rise Breast Cancer Awareness Month (NBCAM). to recognize the Air Commando Association HON. TOM LATHAM Sadly, every two minutes a woman is diag- and the Air Force Special Operations Commu- OF IOWA nosed with breast cancer, making it the most nity as they celebrate the 50th anniversary of IN THE HOUSE OF REPRESENTATIVES commonly diagnosed cancer in women world- Jungle Jim, the 20th anniversary of Operation Tuesday, October 4, 2011 wide. I extend my prayers to the women and Desert Storm, and the 10th anniversary of Op- families affected by this disease, and my ap- eration Enduring Freedom. Mr. LATHAM. Mr. Speaker, I rise today to preciation to the advocates at Susan G. Fifty years ago, in response to Soviet Pre- recognize and congratulate Zach Weigel of Komen working tirelessly on their behalf. mier Nikita Khrushchev’s call to spread com- Elma, Iowa for achieving the rank of Eagle The 2.5 million breast cancer survivors living munism via ‘‘wars of liberation,’’ the United Scout. in the United States today are a testament States Air Force founded the 4400th Combat The Eagle Scout rank is the highest ad- both to courage, and the necessity to promote Crew Training Squadron (CCTS) at Hurlbert vancement rank in scouting. Only about five awareness for breast cancer, following rec- Field, Florida. The squadron’s Airmen—hand- percent of Boy Scouts earn the Eagle Scout ommended screening guidelines, offering picked and rigorously screened—formed the Award. The award is a performance based treatment to those affected, and continuing to backbone of a counter-guerrilla force that achievement whose standards have been fund ground-breaking research. Early detec- would eventually grow into the Air Force Spe- well-maintained over the years. tion affords women the best chance of fighting cial Operations Command (AFSOC). The To earn the Eagle Scout rank, a Boy Scout this disease and we must understand the im- 4400th CCTS, nicknamed ‘‘Jungle Jim,’’ had a is obligated to pass specific tests that are or- portance of regular mammograms and fol- dual focus on training foreign air forces in ganized by requirements and merit badges, as lowing recommended screening guidelines. counter-insurgency operations, and executing well as completing an Eagle Project to benefit This October, Susan G. Komen for the Cure combat missions against guerrilla forces in the community. Zach’s Eagle Scout project in- has launched the Promise Action campaign to Vietnam and other nations fighting communist volved refinishing a historic monument in the increase breast cancer screening rates. Today insurgencies. Today, the Air Commandos Elma community. In addition to this project Komen is the largest source of nonprofit funds based at Hurlbert Field remember Jungle Jim Zach also took it upon himself to improve the dedicated to the fight against breast cancer in as the genesis of the missions they continue community’s bike trail by landscaping and the world, but the organization started with a to execute. erecting signage for the Old Roundhouse sister’s promise to end the disease her dying By the time Operation Desert Storm began Trail. sister was fighting. Breast cancer touches far in August 1990, AFSOC had been formally es- Mr. Speaker, the example set by this young too many families in my community and tablished. Air Commandos from AFSOC per- man and his supportive family demonstrates across the nation. We are all indebted to the formed direct action missions, combat search the rewards of hard work, dedication and per- Komen affiliates fighting every minute of every and rescue, infiltration, exfiltration, air base severance. I am honored to represent Zach day for a world without breast cancer. ground defense, air interdiction, special recon- and his family in the United States Congress. As a husband, father, grandfather, and great naissance, close air support, psychological op- I know that all of my colleagues will join me grandfather, I know it is essential to do all we erations and helicopter air refueling. Each of in congratulating him on achieving an Eagle can in Congress to ensure breast cancer re- these unique capabilities contributed to the Scout ranking and will wish him continued search is adequately funded. This is why I stunning victory over Saddam Hussein’s success in his future education and career. have introduced legislation that would reau- forces, as the coalition of nations drove the f thorize the sale of a special-rate U.S. postage Iraqi military out of Kuwait. The dramatic suc- CELEBRATING TAIWAN’S 100 YEAR stamp, with proceeds from the stamp funding cesses of our Air Commandos helped further ANNIVERSARY breast cancer research. In 2007, Senator cement AFSOC’s role as a premier special op- DIANE FEINSTEIN and I introduced legislation erations organization. HON. MAURICE D. HINCHEY that was signed into public law by the Presi- When the United States was attacked on dent which reauthorized the stamp through September 11, 2001, special operations forces OF NEW YORK this year. The Breast Cancer stamp has been gained a new prominence in efforts to defend IN THE HOUSE OF REPRESENTATIVES highly successful in both raising tens of mil- our nation. By the end of September 2001, Tuesday, October 4, 2011 lions of dollars for important research, and AFSOC had deployed forces to pave the way Mr. HINCHEY. Mr. Speaker, I rise today to raising public awareness of the ongoing need for Operation Enduring Freedom, enabling the congratulate the Republic of China (Taiwan) to fight a disease that affects millions of Amer- Northern Alliance to drive out Taliban and Al on its monumental 100-year anniversary cele- ican women and their families. Qaeda forces who were responsible for the brated on October 10, 2011. On behalf of my wife, Barbara, and my chil- heinous attacks on our homeland. To this day, Taiwan’s strong commitment to democratic dren, we bestow our thoughts and prayers to AFSOC maintains forces forward-deployed in ideals has made it a beacon of democracy in those women and their families suffering from defense of our nation.

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.011 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1756 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 Each of these landmark events represented sylvania. The 8th District of Pennsylvania and Their commitment to St. Paul helped transform a new point of maturation for our nation’s Air I are proud to honor him this week. Ramsey Hill from a historic neighborhood Commandos. Their exploits over the years f plagued with crime and at risk of decay into a have solidified their place in our national secu- national model for historic preservation. rity apparatus, and their sacrifices are remem- IN RECOGNITION OF THE 30TH AN- Along with Mike, Judy was active in Fourth bered with solemn respect. NIVERSARY OF MAXIMUM AC- Congressional District and St. Paul DFL poli- Mr. Speaker, on behalf of the United States CESSIBLE HOUSING OF OHIO tics throughout her life. She knew all the play- Congress, I am privileged to recognize the Air ers, all the issues, and had an informed opin- Commando Association and the Air Force HON. DENNIS J. KUCINICH ion about where her city, state and Nation Special Operations Community for their serv- OF OHIO should be going. She was known to every ice in defense of our freedom. IN THE HOUSE OF REPRESENTATIVES DFL political leader for four decades, and f Summit Manor was a well known venue for Tuesday, October 4, 2011 political gatherings. COMMEMORATING SHUTTLE Mr. KUCINICH. Mr. Speaker, I rise today in When I got started in politics I knew Mike COMMANDER CHRIS FERGUSON recognition of the 30th anniversary of Max- McLaughlin as a powerful political leader and imum Accessible Housing of Ohio, a non-profit Judy was most definitely his equal. She HON. MICHAEL G. FITZPATRICK organization that is committed to developing/ worked in the Minnesota State Legislature for OF PENNSYLVANIA facilitating options in housing for persons with the DFL Speaker of the House. She helped IN THE HOUSE OF REPRESENTATIVES physical disabilities. work on and guide campaigns for city council, Maximum Independent Living (MIL) was cre- mayor, the state legislature, Congress, and Tuesday, October 4, 2011 ated in 1981 by Lutheran Metropolitan Ministry the U.S. Senate. Mr. FITZPATRICK. Mr. Speaker, today the and Services to address the needs of people On a gray, rainy day in October 2002 Min- Franklin Institute of Philadelphia and the with physical disabilities for accessible and af- nesota suffered the heartbreaking deaths of NASTAR Foundation will kick off World Space fordable housing. During the organization’s Senator Paul Wellstone and his wife, Sheila, Week by welcoming Shuttle Commander Chris first seventeen years it focused on its Vistas along with their daughter and five campaign Ferguson, who led the final U.S. shuttle mis- Apartment Communities in Cleveland, Mentor- aides. Judy’s son, Will, was one of those staff sion to the International Space Station. When on-the-Lake, Avon Lake, Parma and Sheffield members who died that tragic morning. While the shuttle returned on July 20th, it marked Township. Each of the communities is fully ac- all of Minnesota felt a loss, including many of the end of a 30-year NASA program. Fer- cessible and houses more than 150 residents. us who lost dear friends that day, Judy’s loss guson’s mission, the 33rd flight of Atlantis, After establishing their five living commu- was profound. was the 37th shuttle mission to the space sta- nities, MIL turned its attention to advocacy and Yet, the following day Judy attended a rally tion, and the 135th and final mission of education on accessible housing. In 1998, it for peace on the steps of the Cathedral of St. NASA’s Space Shuttle Program. launched the Accessible Housing Research Paul which was supposed to be attended by Commander Ferguson was born in Philadel- Center initiative, which provides information Senator Wellstone and her son, who traveled phia, Pennsylvania, and his mother Mary Ann and referrals on accessibility and housing, pro- everywhere with the senator. Mayor Chris and stepfather Norman now reside in vides educational programs, and advocates Coleman of St. Paul described the events of Langhorne, Bucks County. Ferguson grad- with government and community groups to in- that day as he eulogized Judy saying, ‘‘She uated from Archbishop Ryan High School in crease accessibility in housing. MIL also knew that no cause worth fighting for could die Philadelphia, and received his Bachelor of played a key role in creating with the death of a few. She had to be there Science degree in mechanical engineering housingcleveland.org, a searchable online in spite of the immense agony she felt.’’ from Drexel University. Ferguson also re- database for affordable housing. I knew Judy as a DFL leader, a local busi- ceived a master of science in aeronautical en- Maximum Independent Living changed its nesswoman, and as a neighbor who I would gineering from the Naval Postgraduate School name to Maximum Accessible Housing of run into at the local coffee shop or out on a in 1991. Ohio (MAHO) in 2007 to draw attention to its morning walk. She was an anchor in the com- In 1986, Ferguson earned his Navy Wings work on accessibility and housing. More re- munity and a respected voice. Her passing is and was ordered to the F–14 Tomcat training cently, after securing federal funding, MAHO a loss for St. Paul and for all the friends and squadron in Virginia Beach, VA. Later, he set its plan of building a new Vistas Apartment loved ones whom she shared her very full life joined the ‘‘Red Rippers’’ of VF–11, deploying Community in Cleveland’s University Circle with. to the North Atlantic, Mediterranean and In- neighborhood in motion. The new Circle Vistas It was an honor to know Judy. I wish to ex- dian oceans onboard the USS Forrestal. In will replace the current Vista community on tend my condolences to her four daughters 1995, he joined the ‘‘Checkmates’’ of VF–211, Euclid Avenue. and two sons. Judy McLaughlin gave so much completing a deployment to the Western Pa- Mr. Speaker and colleagues, please join me of herself to family, community, and country. cific and Persian Gulf in defense of the Iraqi in congratulating Maximum Accessible Hous- She was true to her beliefs and for that she no-fly zone on board the USS Nimitz. ing of Ohio as they celebrate 30 years of dedi- will always be remembered with fondness, re- Throughout his military career, Ferguson has cated service to the Cleveland area’s disabled spect and deep appreciation. earned many commendations, including the community. f Legion of Merit, Distinguished Flying Cross, f CELEBRATING THE SERVICE OF and Navy Strike-Flight Air Medal. JUDGE OLIVER W. WANGER In 1998, Ferguson reported to the Johnson HONORING THE LIFE OF JUDY Space Center. He served as spacecraft com- MCLAUGHLIN OF ST. PAUL, MIN- municator for the STS–118, 120, 128 and 129 NESOTA HON. JIM COSTA OF CALIFORNIA missions. Ferguson was also the pilot of STS– IN THE HOUSE OF REPRESENTATIVES 115, and commanded STS–126 and 135. In HON. BETTY McCOLLUM Tuesday, October 4, 2011 September 2010, he began training with a OF MINNESOTA crew of four for a rescue mission that evolved IN THE HOUSE OF REPRESENTATIVES Mr. COSTA. Mr. Speaker, I rise today to into STS–135, a station cargo delivery flight pay tribute to the outstanding service and Tuesday, October 4, 2011 that carried the Multi-Purpose Logistics Mod- dedication of the Honorable Oliver W. Wanger ule ‘‘Raffaello.’’ Being the final flight of Space Ms. McCOLLUM. Mr. Speaker, I would like on the occasion of his retirement from the Shuttle Atlantis, Commander Chris Ferguson to pay tribute to the life and memory of Ms. United States District Court for the Eastern requested that a stainless steel star cut from Judy McLaughlin, a civic and political leader in District of California. For the past 20 years, an original panel of the Fels Planetarium St. Paul, Minnesota who passed away on Judge Wanger has served the people of Cali- dome at the Franklin Institute be flown into September 5, 2011 at the age of sixty-six. fornia admirably—maintaining a commitment space aboard the STS–135. Today, the star Throughout her adult life Judy was an active to justice, fairness, and the law. Moreover, he returns with Commander Ferguson, and will and influential leader in the Minnesota Demo- has been fair-minded and knowledgeable be placed on display at the Franklin Institute, cratic Farmer Labor Party (DFL) and a force in when hearing cases related to the San Joa- for all to see. the civic life of St. Paul. She and her late hus- quin Valley’s water and environmental issues. Commander Ferguson is a decorated mili- band, Mike McLaughlin, were the owners of Judge Wanger received his Bachelor’s De- tary officer, and a distinguished son of Penn- Summit Manor on Summit Avenue in St. Paul. gree from the University of Southern California

VerDate Mar 15 2010 04:58 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.015 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1757 in 1963 and his law degree from the University exhibition space, the I–X Center hosts some joined in the fight for independence for Cape of California, Berkeley’s Boalt Hall School of of the country’s largest consumer shows. Verde from Portugal. In 1956, he joined Law in 1966. Upon graduation, he served our Some of the most popular events include the Amilcar Cabral in founding the African Party great nation in the United States Marine Corps Greater Cleveland Auto Show, Fabulous Food for the Independence of Guinea and Cape from 1960 to 1967. Judge Wanger established Show, International Beer Fest, Great Big Verde (PAIGC) and became General Sec- his roots in Fresno, California in 1967, where Home & Garden Expo, Piston Power Show, retary of the party in 1973. In 1975, the efforts he served as deputy district attorney until Indoor Amusement Park and Trick or Treat of these patriots came to fruition, and after the 1969. For the next two decades, Judge Street. change in regime in Portugal that ushered in Wanger worked as a first-rate attorney and al- The Greater Cleveland Auto Show is the democracy in that country, Cape Verde be- ways maintained a keen passion for justice. fifth largest auto show in the country. This fall, came independent. In recognition of his great He exhibited foresight and leadership when the I–X Center will host the second annual leadership, Aristides Pereira was the first he joined Mr. John Loomis and Mr. Dan Piston Power Show which showcases piston President of the Republic of Cape Verde. He Eymann in founding San Joaquin College of powered cars, aircraft, motorcycles, trucks and remained President of Cape Verde until 1991, Law (SJCL) in 1969. SJCL is a community trailers. The Fabulous Food Show has be- when he was defeated for the office in a multi- treasure—it has given capable individuals in come one of the leading food shows in the party election by Antonio Mascarenhas the Valley access to a quality legal education. country and features a number of Food Net- Monteiro. He served as an adjunct professor at SJCL work chefs including Bobby Flay, Alton Brown At that point, Aristides Pereira performed his from 1970 until 1991 and as Dean from 1980 and Cleveland’s Michael Symon. Another third great service for the cause of the right of until 1983. His tenacity and enthusiasm have show quickly gaining popularity is the Inter- people to self-governance. His first effort was made him a mentor and leader in the Fresno national Beer Fest, which, according to the I– his leading role in the effort to win independ- legal community. For years, he has been ad- X Center, was the largest showing and com- ence for his country. Next he served as its first mired for his steadfast adherence to the rule petition of world beers in the Midwest. The I– President for sixteen years and helped estab- of law and indisputable commitment to our X Center’s own Indoor Amusement Park has lish it as an independent nation. Paradoxically, community. been running for 22 consecutive years and his third great service was when he was de- Judge Wanger has not only been recog- features the world’s largest indoor Ferris feated for reelection and accepted the result of nized as a scholar of the law, but he has also Wheel. a democratic process and retired. been revered as a man of principle and integ- Since the I–X Center’s first show in 1985, rity. In 1991, President George H.W. Bush the International Capital Goods Trade Fair, Sadly, Mr. Speaker, there have been too nominated him to the United States District they have been reinvesting in the facility to ac- few examples of well functioning democracy in Court for the Eastern District of California. He commodate future shows and guests. The I– many of the nations of the world that received was unanimously confirmed by the United X Center has already invested more than $75 independence after World War II, and we have States Senate. The Eastern District of Cali- million into the venue over the past 25 years seen recent sad examples in Africa of presi- fornia extends from the Oregon border to the and plans to invest another $25 million in the dents refusing to accept the electoral results Tehachapi Mountains. Many of the cases coming years to upgrade visitor amenities, that were unfavorable to them. In many cases, Judge Wanger has presided over have in- traffic and parking in hopes of doubling their those voted out of office after a long period volved the Sacramento-San Joaquin Delta and annual attendance. were the leaders of independence move- his most notable rulings have been deeply rel- Mr. Speaker and colleagues, please join me ments, as was President Pereira. So the con- evant to the San Joaquin Valley’s water and in recognition of the 25th anniversary of trast between him and, for example, Robert environmental issues. Cleveland’s International Exposition Center (I– Mugabe, is a very strong one. Aristides Pe- Judge Wanger and his wife Lorrie Anthony- X Center). reira set a very important example of accept- ance of democracy, even when its particular Wanger have five sons and seven grand- f children. Following his retirement, Judge results were adverse to his own personal Wanger will return to private practice as part- AMENDMENT TO H.R. 2681 standing. ner in the new firm of Wanger, Jones & Today, Mr. Speaker, Cape Verde stands as Helsley PC. HON. EARL BLUMENAUER a shining example of democracy and of the It is a great honor to commend my friend, OF OREGON way in which democracy and responsible eco- Oliver W. Wanger, for his years of service to IN THE HOUSE OF REPRESENTATIVES nomic development complement each other. the people of California. We have been lucky While Cape Verde was not endowed with Tuesday, October 4, 2011 to have a hard-working legal scholar serve our great natural resources, it has been a success great state for the past two decades. Mr. BLUMENAUER. Mr. Speaker, in 1990, story economically as well as politically, refut- Mr. Speaker, I ask my colleagues to join me the Clean Air Act Amendments required EPA ing those who believe that economic develop- in celebrating the service and career of the to complete and issue regulations on haz- ment can only come at the expense of demo- Honorable Oliver W. Wanger. His passion for ardous air pollutants by 2000. This week, we cratic governance. The economic success of the justice and fervent adherence to the law are considering two bills that would delay two Cape Verde within this democratic frame- has not only made him a fair and effective regulations for at least another six years—with work—again the precedent set by Aristides judge, but also a vibrant asset for our commu- no deadline for EPA to complete regulations, Pereira—has been recognized by both Repub- nity. and giving industry no deadline to comply. My lican and Democratic administrations in the f amendment will add a finding to H.R. 2681 U.S. Under President Bush, Cape Verde was that the Clean Air Act required these regula- in the first group of countries to receive fund- IN RECOGNITION OF THE 25TH AN- tions before 2000, and required the mandated ing under the Millenium Challenge Commis- NIVERSARY OF CLEVELAND’S emissions reductions to occur by 2003. sion, and under the Obama administration its INTERNATIONAL EXPOSITION f great economic responsibility has been recog- CENTER nized and it has continued to be one of the ARISTIDES PEREIRA, A PIONEER stars of that program. FOR DEMOCRACY HON. DENNIS J. KUCINICH Mr. Speaker, the career of Aristides Pereira OF OHIO is an inspiring one. He committed himself IN THE HOUSE OF REPRESENTATIVES HON. BARNEY FRANK early in life to the fight for the right of people OF MASSACHUSETTS Tuesday, October 4, 2011 to self-government and remained a leader in IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in that fight by his deeds, by his example and by recognition of the 25th anniversary of Cleve- Tuesday, October 4, 2011 his dignified presence in his country for a pe- land’s International Exposition Center (I–X Mr. FRANK of Massachusetts. Mr. Speaker, riod exceeding sixty years. Center). The I–X Center hosts 1.5 million visi- sadly, last month, the world lost a great leader Mr. Speaker, I join the people of Cape tors annually at various consumer shows and in the fight for freedom and democracy. Verde in mourning the passage of a great community events. Aristides Pereira was the first President of the leader, and in the pride they are entitled to Cleveland’s I–X Center is one of the largest Republic of Cape Verde. His work on behalf of take in his career and in the record of full ac- trade show and exhibition centers in the coun- the right of all people to self-government ceptance of democratic self-government that is try. With more than 1.4 million square feet of began more than sixty years ago, when he part of Aristides Pereira’s legacy.

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.015 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1758 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 IN HONOR OF MR. GERALD F. In the wake of the horrific attack on Rep- ican Congress, Ohio Division, the Union of BROSKI resentative GABRIELLE GIFFORDS and her staff, Poles Credit Union and the Polonia Founda- I felt it was important to do something to pro- tion. HON. DENNIS J. KUCINICH tect my staff, so that we may avoid, or God Mr. Speaker and colleagues, please join me OF OHIO forbid react to, a situation like the one in Tuc- in honoring Mr. Mark Relovsky and congratu- IN THE HOUSE OF REPRESENTATIVES son, should one unfold at a Fourth District lating him as he is recognized by the Polonia Tuesday, October 4, 2011 event. Foundation. We also invited, and they participated, the f Mr. KUCINICH. Mr. Speaker, I rise today in staff of the entire Indiana delegation. To this honor Mr. Gerald F. Broski who is being hon- day, I feel that this was not only one of the RONALD BOYLES EARNED HIS ored by the Polonia Foundation on October 2, best things that any of us Members can do for SPOT IN MOUNT AIRY’S SPORTS 2011. our staffs, but also the best way we can honor HALL OF FAME Gerald earned his Bachelor of Science de- the service and memory of Gabe Zimmerman, gree from John Carroll University in 1964 and Representative GIFFORDS’ staffer, who was HON. VIRGINIA FOX his Juris Doctor from Cleveland State Univer- killed in that attack. OF NORTH CAROLINA sity’s Marshall School of Law in 1968. Fol- Captain Hollowell led the safety training for IN THE HOUSE OF REPRESENTATIVES lowing his education, Gerald practiced law for the Indiana Congressional Delegation’s district Tuesday, October 4, 2011 thirty-nine years. He owned and operated a staff this Spring. The training included public Ms. FOXX. Mr. Speaker, I rise today to con- real estate management firm for twenty years. event planning to avoid or recognize a phys- gratulate Ronald Boyles Jr. of Mount Airy, NC. Gerald has been married to Donna, for 45 ical threat and how to act and react in the Mr. Boyles, who is a fixture in the Mt. Airy years. Together they have two sons, Scott and event of an active shooter. The training ses- community, was inducted into the Mount Airy Todd. sions provided important basic knowledge for In addition to his career, Gerald has been Sports Hall of Fame this year, receiving the congressional staff members to employ should an active member of the Greater Cleveland prestigious Granite City award for his years of the need arise during public events where community for decades. He is a member of dedication to sports in Surry County. their Member of Congress’ and the general Marymount Hospital’s Civic Advisor Board, the Not only did Mr. Boyles have an illustrious public’s safety are at risk. Harbor Estates Homeowners Association, high school sports career in Mount Airy, he I appreciate and would like to honor his ex- also dedicated much of his life to coaching Ohio Bar Association, Cleveland Bar Associa- ceptional dedication to his profession and the tion, Now-Easter Boat Club, Brecksville Histor- local youth in various sports, sponsoring time he gave in this endeavor. I would like countless sports teams in his work at Boyles ical Association and the Cuyahoga County thank his family for selflessly supporting Cap- Democratic Party. Gerald has served as the Shoe Store and officiating more sporting tain Hollowell in his long and accomplished events than anyone in Mount Airy could hope president of several organizations including career as soldier, law enforcement officer, and Polish American Inc., Cleveland Society of to ever tally. instructor. I am proud to honor Captain Few have ever deserved this honor as Poles and Polonia Foundation of Ohio and as Hollowell in recognition of his leadership and the executive trustee of Shoes and Clothes for much as Ronald Boyles. His love of sports service to his family, colleagues, and commu- and his commitment to helping young people Kids. For 23 years, Gerald has also been a nity. member, and is currently the vice president of, develop character, fair play and sportsmanship the Brecksville City Council. f was second to none. Due to his long career and dedication to his IN HONOR OF MARK RELOVSKY For example, by his own estimate he has community, Gerald has been honored and rec- attended more than 2,000 Surry County high ognized several times. He received a U.S. HON. DENNIS J. KUCINICH school and youth league games over the Army Commendation Medal in 1970 and was course of his 70 years of involvement in OF OHIO named Volunteer of the Year by Shoes and Mount Airy sports. He has truly seen it all— Clothes for Kids in 2003. IN THE HOUSE OF REPRESENTATIVES from Mount Airy’s football title in 1948 to more Mr. Speaker and colleagues, please join me Tuesday, October 4, 2011 recently it’s 2009 state championship title. in honoring Mr. Gerald F. Broski and congratu- Mr. KUCINICH. Mr. Speaker, I rise today in Ronald Boyles dedication to sports in Surry lating him as he is recognized by the Polonia honor of Mr. Mark Relovsky who is being hon- County has been an example of true commu- Foundation. ored by the Polonia Foundation on October 2, nity spirit during the decades he’s been active f 2011. playing, coaching, officiating and cheering the Mr. Relovsky was born on August 31, 1954 young people of Surry County. He truly de- TRIBUTE TO CAPTAIN PERRY serves his place in the Hall of Fame thanks to HOLLOWELL and was raised in the St. Hyacinth Parish in Cleveland’s North Broadway neighborhood. the many lives he touched through the years. His family moved to Brooklyn Heights as Mr. f HON. TODD ROKITA Relovsky started at Cuyahoga Heights High OF INDIANA BREAST CANCER DEADLINE 2020 School. Upon graduating, he began studying IN THE HOUSE OF REPRESENTATIVES at Case Western Reserve University where he HON. THOMAS E. PETRI Tuesday, October 4, 2011 earned a degree in accounting. He would later OF WISCONSIN Mr. ROKITA. Mr. Speaker, I rise today to attend Baldwin Wallace College and obtain a IN THE HOUSE OF REPRESENTATIVES recognize and thank an important member of Master’s Degree in Business Administration in Indiana’s law enforcement community. 1984. Tuesday, October 4, 2011 Captain Perry Hollowell is a twenty-nine- While Mr. Relovsky was earning his edu- Mr. PETRI. Mr. Speaker, today I want to year police veteran having served at the state, cation, he was working as the administrator of commend the National Breast Cancer Coali- county, and municipal levels. Currently, Cap- the LTV Steel-USWA Pension Plan at Repub- tion, NBCC, for its work to ‘‘change the con- tain Hollowell is assigned to the training divi- lic Steel/LTV Steel. Mark also worked as a versation’’ about breast cancer through its sion at the Indiana Law Enforcement Academy 401(k) plan consultant with CBIZ, a pension Breast Cancer Deadline 2020. I have signed as Director of In-Service Training. He has project manager with the Center for Health Af- the Congressional Declaration of Support for served as Sheriff, Chief Deputy, Lieutenant, fairs and a product file analyst for Applied In- this initiative. and Sergeant. Captain Hollowell has an exten- dustrial Technologies. It is estimated that 261,100 women and sive military background, which included grad- In addition to his long career, Mr. Relovsky 1,970 men were diagnosed with breast cancer uating from the U.S. Army Sergeants major has been an active member of Cleveland’s in 2010. In that same year, 39,840 women Academy and as deputy Commandant of the Polish community. He has served as a mem- and 390 men died of the disease, which trans- Indiana Military Academy. Captain Hollowell is ber of the Booster and Sports Committee of lates to one death every 14 minutes. While a graduate of the FBI National Academy and the Union of Poles in America and at one time breast cancer mortality has been dropping, the Oakland City University with honors and served as their director. He has also served pace has been much too slow: In 1991, 119 earned a Master’s Degree in Business Man- as the commissioner of the Union of Poles Di- women in the U.S. died of breast cancer every agement. He has instructed law enforcement vision of the Polish National Alliance. Addition- day, while in 2010 that number was 110. and the military for three decades and is cur- ally, Mr. Relovsky has been active in the The stakes are too high to continue the cur- rently adjunct faculty at two universities. Cleveland Society of Poles, the Polish Amer- rent trend. Thousands have already lost their

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.019 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1759 lives to this terrible disease, and sadly thou- dynamism for capitalism which obviously has rise to commend the life and leadership of sands more may lose their lives in the next influenced mainland Chinese who abandoned Mrs. Rhodes-Lawrence. Mrs. Rhodes-Law- decade if more progress is not made quickly. the failed economic system of communism for rence is a great example of a dedicated com- January 1, 2020, is an ambitious but nec- the opportunities of free market capitalism. munity advocate and leader. essary target if we are to finally end the trag- I therefore, urge all my colleagues to join In her 100 years of life, Mrs. Rhodes-Law- edy of breast cancer, so I thank NBCC again me in congratulating one of our nation’s rence has been a part of major historical land- for their leadership in this effort. strongest allies, the Republic of China, Tai- marks for our Nation and the world. In 1911, f wan, on its century of existence and the fine the year she was born, the first trans-conti- democratic example which it has set for na- nental flight from New York to Pasadena took PERSONAL EXPLANATION tions across Asia. off and landed successfully and a gallon of f gas was only seven cents. Long after living HON. JOHN A. YARMUTH through the Great Depression and two world OF KENTUCKY IN HONOR OF JOSEPH FORNAL wars, Mrs. Rhodes-Lawrence had two chil- IN THE HOUSE OF REPRESENTATIVES dren, who gave seven grandchildren, and 16 Tuesday, October 4, 2011 HON. DENNIS J. KUCINICH great-grandchildren. She has made remark- OF OHIO able contributions to our community and her Mr. YARMUTH. Mr. Speaker, I was unable IN THE HOUSE OF REPRESENTATIVES church, St. Paul Missionary Baptist Church. to cast the recorded votes for rollcall 721, 722, Tuesday, October 4, 2011 Mrs. Rhodes-Lawrence, a Lee, Florida na- 723, and 724. During this time, I was with tive, was deemed Mother of the Year at St. President Obama. We were discussing the Mr. KUCINICH. Mr. Speaker, I rise today in Paul’s and has been the on the Deaconess closure of the Sherman Minton Bridge, which honor of Mr. Joseph Fornal who is being hon- Board, Senior Women’s Ministry, choir, and has severely impacted transportation and ored by the Polonia Foundation on October 2, founder of Young Adult Choir. commerce in my district. 2011. The Tampa community is proud to recog- Had I been present I would have voted no Born in 1955, Joseph was raised in Cleve- nize Mrs. Rhodes-Lawrence for her contribu- for these measures. land’s Tremont neighborhood. He earned a tions and leadership to our community. Bachelor of Science in business administration f Bill Rollcall # Vote from John Carroll University in 1977. In the H. Res. 409: midst of his career, Joseph returned to school THE PARTNERSHIP BETWEEN THE On Ordering the Previous Question ...... 721 No H. Res. 409: and earned a Master’s in Business Administra- MAYO CLINIC AND ARIZONA On Agreeing to the Resolution ...... 722 No tion from Kent State University. STATE UNIVERSITY H. Res. 406: On Ordering the Previous Question ...... 723 No Joseph began working at the accounting H. Res. 406: firm Cohen & Company after graduating from On Agreeing to the Resolution ...... 724 No HON. DAVID SCHWEIKERT John Carroll and eventually was made part- OF ARIZONA ner-in-charge of the Accounting & Auditing De- f IN THE HOUSE OF REPRESENTATIVES partment. He also served as the firm’s Tech- CELEBRATING THE REPUBLIC OF nical Director. He left the firm and became the Tuesday, October 4, 2011 CHINA (TAIWAN’S) 100TH ANNI- vice president and Chief Financial Officer for Mr. SCHWEIKERT. Mr. Speaker, during this VERSARY Jack Matia Chevrolet and Honda in 2000. last district work period I had the opportunity Several years later, in 2006, Joseph began to attend a press conference announcing the HON. JOE WILSON working as the treasurer and Chief Financial expansion of the Mayo Medical School in Ari- OF SOUTH CAROLINA Officer of Ganley Auto Group. zona. This expansion, which will be done in IN THE HOUSE OF REPRESENTATIVES In addition to his career, Joseph is an active cooperation with Arizona State University, is Tuesday, October 4, 2011 and dedicated member of the Cleveland com- an exciting event that will lead to continued munity. He is a member of the American Insti- improvements in the field of medical education Mr. WILSON of South Carolina. Mr. Speak- tute of Certified Public Accountants, Ohio So- and provide research to meet tomorrow’s er, October 10th marks the 100th Anniversary ciety of Certified Public Accountants and needs. of the founding of the Republic of China (Tai- Cleveland Touchdown Club Charities, Cleve- Mr. Speaker, I wish to insert into the wan). Sharing the same ideals of individual lib- land Society of Poles, Polonia Foundation of RECORD the comments of John Noseworthy, erty and freedom, Taiwan and the United Ohio and is currently the president of the Pol- M.D., Mayo Clinic president and CEO, on the States have developed a strong relationship ish American Cultural Center in Honor of Pope announcement of the partnership between the and become strong allies for one another. John Paul II. Joseph is also an active member Mayo Clinic and Arizona State University. This Double Ten Day has long been special to our of St. John Cantius parish and Marymount is a truly wonderful relationship between these family with our third son, Julian Dusenbury community. institutions and I look forward to having the Wilson born October 10, 1971. Due to his long career and dedication to his Mayo Clinic in Arizona for many years to During World War II, the two countries community, Charles has been honored and come. fought side by side against the Japanese in- recognized several times. He was honored REMARKS OF JOHN NOSEWORTHY vaders. My father, Hugh DeVeaux Wilson, with the Cleveland Society of Poles’ Good Joe joined the Fourteenth Air Force of the Army We are here today because of a conver- Award and the Outstanding Member in Indus- gence of three imperatives. First, there is a Air Corps known as the now famous Flying Ti- try Award from the Ohio Society of Certified strong need for new models of health care de- gers. The Flying Tigers served an integral role Public Accountants in 2004. Joseph was also livery in our country. Second, Mayo Clinic in the battles of the Pacific Theater of World the recipient of the Billy Reynolds’ Community believes that one answer to this need lies in War II protecting millions of Chinese from the Service Award in 2008. new models of training future physician invaders. My father developed a life-long ap- Mr. Speaker and colleagues, please join me leaders. Third, we are ready to take a bold preciation of the Chinese people and the Chi- in honoring Mr. Joseph Fornal and congratu- step in this direction today with our collabo- rator, Arizona State University. This new nese culture. Consequently, the First Lady lating him as he is recognized by the Polonia Madame Chiang Kai-shek became the first Arizona branch of Mayo Medical School is Foundation. firmly aligned with Mayo’s commitment to woman to ever address a joint session of the f patient-centered academic excellence and re- United States Congress. defining the field of medical education. To- During the Cold War, Taiwan played a piv- IN HONOR OF MRS. RHODES- gether with ASU, we will create the health otal role in America’s Korean War effort. Gen- LAWRENCE care workforce of the future. eral Douglas MacArthur once described Tai- Clearly, the United States is a leader in wan as an ‘‘unsinkable aircraft carrier in the bringing innovation and new technologies HON. KATHY CASTOR into health care, yet health care in the Pacific’’ when discussing the alliance during OF FLORIDA the Korean War effort. United States is fragmented, the quality of IN THE HOUSE OF REPRESENTATIVES care is variable, imperfectly measured, and Taiwan was also a key base, and intel- Tuesday, October 4, 2011 expensive with costs rising every year. Many ligence-gathering source, for U.S. forces in the patients struggle to find answers that inte- Vietnam War. I have visited the capitol of Tai- Ms. CASTOR of Florida. Mr. Speaker, in grate the opinions of their physicians. Pa- pei and it has become a model of economic recognition of her 100th birthday milestone, I tients don’t always benefit from advances in

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.020 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1760 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 medical knowledge. Studies have shown that IN HONOR OF MR. CHARLES J. cuses are used to cover crew issues and/or it takes up to 17 years for important new POPA other problems. knowledge to be broadly applied in medical Needless to say, all passengers were incon- practice—to move from research bench to venienced and the airline’s explanations were bedside. Patients struggle to pay their bills HON. DENNIS J. KUCINICH OF OHIO wholly unsatisfactory. This flight delay pre- and our country cannot sustain the growing IN THE HOUSE OF REPRESENTATIVES vented me from carrying out my Constitutional costs of health care, now exceeding 17% of duty to represent the people of southern West our GDP. Tuesday, October 4, 2011 Virginia: I feel I owe them and this body an Mayo Clinic believes that one answer lies Mr. KUCINICH. Mr. Speaker, I rise today in explanation about why that was not possible in new models of training future physician honor Mr. Charles J. Popa who is being hon- last night. leaders. Today we are taking the lead and ored by the Polonia Foundation on October 2, I recognize that flight delays happen and announcing a bold new educational model to 2011. perhaps at times no one is to blame. But, train the physicians of tomorrow. This Charles was born on October 19, 1925 in given how disruptive and costly delays and model addresses the importance of delivering Pulaski Township, Pennsylvania. He was tak- cancellations can be, travelers ought to be patient-centered, team-based care—the two ing classes in high school when Pearl Harbor able to depend upon consistent, timely air essential elements of how we practice at was attacked and immediately left school to service to all communities, even in rural areas. Mayo Clinic. This new model will teach the work as an auto mechanic. Charles enlisted in Rural communities depend on air service requisite skills to design models of evi- the U.S. Marine Corps in 1943 and went on to like any other communities. It connects us to denced-based, data-driven care. Our experi- serve in the Asiatic Pacific Theater; specifi- the global economy. Our businesses need to ence at Mayo Clinic leads us to believe that cally in Luzon and Mindanao. Charles rose to ship their goods. Our families, workers, and this model will ensure better patient safety, the rank of sergeant before being discharged students need to travel. We need reliable, de- better patient service and improved out- in 1945. pendable air service. According to GAO, air- comes using systems engineering, health ec- Upon returning to civilian life, Charles began ports in rural communities have higher rates of onomics, and other disciplines. working in the trucking industry and trans- delays and cancellations than airports in larger Mayo Clinic has expertise in this approach. ported goods such as coal and steel through- communities. That’s simply not acceptable. We recently announced the opening of our out the Eastern United States. He retired in As the Ranking Member on the Committee Center for the Science of Health Care Deliv- October 1982. After the War, Charles married on Transportation and Infrastructure, I feel ery. We are redoubling our efforts to bring Jane Stadnik on April 15, 1950. Together, they acutely aware of the transportation challenges innovation into the medical school class- raised three children, Charles Jr., David and this nation faces, and as I sat in that airport room—to shape and arm physicians of the fu- Susan. last evening—like so many other passengers ture to be leaders in the development of new In addition to his military service, career and at that airport and others across the nation— models of care. family, Charles was an active member of his I was frustrated by the delay, annoyed at the Today and together, Mayo Clinic and Ari- community for decades. Just two years after changing excuses offered by the airline, and zona State University are advancing this joining the Polish Legion of American Vet- angered that I was unable to get to work on new discipline—the science of health care de- erans in 1969, Charles became the post com- time. livery. I am very pleased to announce that mander, a position he held for forty years. He During all that time that I sat in the airport, Mayo Clinic will expand the Mayo Medical is also a member of the Roman-American Vol- I had plenty of time to think and to boil over School, based in Rochester, Minnesota, to unteers, the Grand Knight of Pulaski and is a that I was sitting there at the mercy of an air- Arizona. The branch campus we announce lifetime member of VFW Post 7538. Charles line whose veracity continued to come into in- today will be known as Mayo Medical was honored in 1987 as the Polish Legion of creasing doubt. But I also had time to ponder School—Arizona Campus. It will operate under the governance and oversight of Mayo American Veterans’ veteran of the year. In our work here. Medical School. Each class here in Arizona 1998, he was recognized by the United Vet- We are in a great debate in this country will include 48 students. This branch will erans Council. about our federal budget, while at the same build on the academic excellence of Mayo Mr. Speaker and colleagues please join me time we are struggling to get people back to Medical School while also reflecting the need in honoring Mr. Charles J. Popa and congratu- work and get our economic engine humming for medical school curriculums to be geared lating him as he is recognized by the Polonia again. I believe that improving our transpor- toward training the physicians of tomorrow. Foundation. tation system has to be one of our top prior- This new medical school will be an impor- f ities. We need to do more to ensure the effi- tant pipeline for future leaders in the field of cient transportation of people and goods. We medicine around the nation, the world, and PERSONAL EXPLANATION need to stop announcing delay, after delay. right here in Arizona. We need to stop offering political excuses. The students of this new campus will earn HON. NICK J. RAHALL II Otherwise, while we hold the future of our an MD degree from Mayo Medical School and OF WEST VIRGINIA citizens captive, forcing them to wait and wait, a Master’s degree in the Science of Health IN THE HOUSE OF REPRESENTATIVES we will only succeed in making them more Care Delivery from Arizona State Univer- Tuesday, October 4, 2011 and more frustrated and angry. sity. This is the first medical school in the We had better get off our duffs, come to- nation to embed the science of health care Mr. RAHALL. Mr. Speaker, I regret that I gether, and make some real progress on a delivery into its four-year medical edu- was prevented from casting votes during last longterm measure that will ensure improve- cation. Other medical schools are moving in Monday night’s session due to repeated ments to our transportation system and great- this direction because they too believe this delays of a flight from Charleston, West Vir- er safety and reliability to business and the is the right approach. ginia, to Washington. Had I been present, I traveling public. And we had better do it soon. Today’s announcement reinforces Mayo would have voted in support of all three meas- f Clinic’s commitment to Arizona and helps ures brought before the House—H.R. 686, secure Mayo’s role as the premier academic H.R. 765, and H.R. 670. TRIBUTE TO THE REPUBLIC OF medical center in the southwest. We are one The flight, originally scheduled to depart at CHINA’S 100TH NATIONAL DAY step closer in fulfilling our commitment to 4:50 p.m., did not leave Charleston until after being a beacon for clinical excellence in the 9 p.m., more than four hours late. In that time, HON. JIM JORDAN western United States. the airline offered numerous excuses—mainte- OF OHIO Health care is about treating patients in a nance, delayed flights that had backed up the IN THE HOUSE OF REPRESENTATIVES system. Numerous alternative departure times manner that delivers optimal outcomes and Tuesday, October 4, 2011 quality of life in the most efficient way pos- were put forward and then retracted. Within sible. Well trained physicians are one of the one four-minute span, the airline emailed four Mr. JORDAN. Mr. Speaker, I am honored to centerpieces of our collective future. We’re different departure and arrival times. At mo- join the people of the Republic of China in excited to be here today to make this impor- ments, the arrival/departure information was commemorating their 100th National Day this tant announcement for Mayo Clinic, for Ari- so confused that the airplane would have had October 10. zona, and for patients today and in the fu- to violate the laws of physics in order to abide Taiwan remains one of our closest allies ture. We’re eager to get started and look to by the airline schedule. This is an all too often and a vital partner in peace in the region. A the future with great confidence. occurrence and often maintenance delay ex- guarantor of fundamental rights to its citizens

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.024 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1761 and committed to the rule of law, Taiwan is a or religion, ideals or personal conviction, Tea suffering damage from an unfortunate water model for emerging democracies in the region Party members deserve to have their voices main break. Undeterred, library staff worked and throughout the world. It is a vibrant re- heard. diligently to reopen as soon as possible. Re- minder that freedom is a universal ideal. f flecting the great value and importance of this We rightly consider any effort to hinder Tai- library, community members lined up at the wan’s self-determination as a threat to re- RECOGNIZING ELSA HOMINDA OF door for the reopening of their cherished and gional peace. The United States must con- THE CHILDREN’S HOME SOCIETY loved library. tinue to stand behind our commitment to Tai- OF WASHINGTON FOR HER WORK The staff of the William G. Rohrer Memorial wan and the military and trading partnerships WITH ADOPTED CHILDREN AND Library also deserves particular recognition. It we enjoy with this major regional economy. FAMILIES IN WASHINGTON is through their hard work that this library has We must also support Taiwan’s strong desire STATE come to be so cherished by the people of for much-deserved membership in the United Haddon Township. Their efforts have made Nations. HON. ADAM SMITH the library a great success over the past fifty Mr. Speaker, we are grateful for dependable OF WASHINGTON years and will continue to earn the support allies like Taiwan. The relationship between IN THE HOUSE OF REPRESENTATIVES and admiration of the community for many our two nations has been to the cultural, eco- more to come. To celebrate the fiftieth anni- Tuesday, October 4, 2011 nomic, and political benefit of both. We send versary of the library, local leaders, enter- our greetings and best wishes to the people of Mr. SMITH of Washington. Mr. Speaker, I tainers, and citizens came together to mark Taiwan as they mark their centennial next rise to honor my constituent, Elsa Hominda, this important milestone with a day of reading, week. for her outstanding advocacy for adopted chil- fun, and games. f dren in Washington State and for being a Mr. Speaker, the fiftieth anniversary of the 2011 Angels in Adoption honoree. I am William G. Rohrer Memorial Library and the ADMONISHING ANTI-DEMOCRATIC pleased to join Senator PATTY MURRAY in rec- dedication demonstrated by its staff should not STATEMENTS ognizing Elsa’s dedicated work with local go unrecognized. I congratulate them on fifty adoptees, their families, and birth parents. great years, thank them for their service to the HON. STEVAN PEARCE Elsa is a Search and Reunion Specialist at community, and wish them all the success in OF NEW MEXICO the Children’s Home Society of Washington, a the future. IN THE HOUSE OF REPRESENTATIVES non-profit organization devoted to strength- f Tuesday, October 4, 2011 ening and supporting Washington’s children and families. Elsa and her husband are also COMMITTEE ON OVERSIGHT AND Mr. PEARCE. Mr. Speaker, at a constituent the proud parents of three adopted children, GOVERNMENT REFORM ‘‘WHERE event in Inglewood, California, on August 21, ages 5, 11, and 12. IS THE PEACE DIVIDEND? EXAM- 2011, the Congresswoman who represents As a confidential intermediary at the Chil- INING THE FINAL REPORT TO that area made several shocking and egre- dren’s Home Society of Washington, Elsa acts CONGRESS OF THE COMMISSION gious statements that slander the good work a as a neutral third-party to facilitate reunions ON WARTIME CONTRACTING’’ dedicated group of Americans are trying to between adoptees and birth parents. She achieve for our country. Perhaps most dis- serves as a counselor and mediator to the HON. DENNIS J. KUCINICH turbing was her statement that, ‘‘As far as I’m child or parent who is undertaking a search OF OHIO concerned the Tea Party can go straight to and helps to make what is often a very emo- IN THE HOUSE OF REPRESENTATIVES hell. And . . . and, I intend to help them get tional and difficult process just a bit easier. Tuesday, October 4, 2011 there.’’ These words do nothing to unite Amer- Through her work, she has helped many in- icans and only fan the flames that incite divi- dividuals. One personal story that I found par- Mr. KUCINICH. Mr. Speaker, I would like to sion. Earlier in August, following the highly ticularly moving involved a gentleman who thank the committee for holding this important charged debt limit discussions, with words was placed in an adoptive home over 50 hearing on the future of our presence in Iraq worsening the political divide, the Vice Presi- years ago and who recently embarked on the and Afghanistan. dent declared that the Tea Party had ‘‘acted poignant journey to find his birth mother. As one of the first Members of Congress to like terrorists.’’ These attacks are an assault With the help of Ms. Hominda, this indi- oppose the war in Iraq and as one who has on democracy. Any action which ignores vidual was able to reunite with his biological forced debate on the war in Afghanistan a deep-seated concerns, or attempts to extin- mother through a series of letters, emails, and number of times in the House, I continue to be guish the voices of millions of Americans dam- eventually, a face-to-face reunion—a process deeply concerned by the findings of the Com- ages the democratic process. The Tea Party that took several months. He is incredibly mission on Wartime Contracting (CWC) in Iraq is united in common concern for the future grateful for all the hard work Elsa did to facili- and Afghanistan. The latest and final report and the well-being of generations to come. tate the reunion and feels as though he has a highlights continued privatization of inherently They are not, as one Congressman from new addition to his family. governmental functions, a significant lack of Pennsylvania described, a ‘‘small group of ter- Mr. Speaker, I ask that my colleagues in the oversight of contingency contractors who in rorists.’’ These are people who care deeply House of Representatives please join me in many cases, are providing vital support serv- about the path our country is on and are work- honoring Elsa Hominda, whose work reuniting ices for our personnel on the ground, and an ing through the issues. They are present at Washington’s adopted children with their birth estimated waste of up to $60 billion thus far. parades, marches and rallies. They are gath- families enriches the lives of everyone Many of us were on this committee last year ering in meeting halls, restaurants, and family touched by the process of adoption. when it released a report (‘‘Warlord Inc.’’) de- rooms to discuss their goals for our nation’s f tailing the use of U.S. taxpayer dollars to pay future. Words that dismiss the Tea Party’s off warlords in Afghanistan and essentially fuel shared belief that government can do better HONORING THE 50TH ANNIVER- the very insurgency we are trying to quell. by the people of this country only further di- SARY OF THE WILLIAM G. At a time when vital social services here at vide us. We have only our voices to change ROHRER MEMORIAL LIBRARY home are being cut in the name of fiscal re- the hearts and minds of elected officials. sponsibility, we would do well to take the rec- Those of us entrusted by the people to sup- HON. ROBERT E. ANDREWS ommendations and findings included in the port and defend the Constitution of the United OF NEW JERSEY final report of the CWC very seriously. It is States must never work to extinguish the light IN THE HOUSE OF REPRESENTATIVES clear from the Commission’s reports that the of democracy or the avenue of free speech. U.S. Government has privatized the business To limit the excitement and drive of a united Tuesday, October 4, 2011 of war to such a point where we are guaran- group grows dejection; a certain foe of democ- Mr. ANDREWS. Mr. Speaker, today I rise to teed to continue to see billions of dollars go racy. It casts a web of doubt over the activities honor the fiftieth anniversary of the William G. unaccounted for and bad actors in Iraq and of the Congress and threatens to harm the Rohrer Memorial Library in Haddon Township. Afghanistan act with total impunity. And as the creation of good public policy. I will defend the For the past half century this valuable commu- Commission points out, there will be another right of any man, woman, or child to speak nity asset has steadfastly served the citizens contingency operation. their truth and share their concerns. Just as all of Haddon Township. This past summer, the The truth is that we cannot afford these Americans regardless of race or gender, creed library was forced to temporarily close after wars. According to Congressional Research

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.026 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1762 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 Service, the wars in Iraq and Afghanistan cational software to help Americans succeed Cape Cod Times, a daily newspaper circulated have cost us over one trillion dollars. Esti- in the 21st Century. The hard-working resi- throughout the towns and villages of Massa- mates by Joseph Stiglitz and Linda Blimes put dents of Staten Island can now take advan- chusetts’ Cape and Islands. that number at closer to $5 trillion when you tage of modern technology to train and search Seventy-five years ago, businessmen J.P. include the long-term costs associated with for 21st century jobs. Dunn and Basil Brewer came together in a caring for returning veterans. Facilities like the Gerard Carter Community Hyannis garage to publish the Cape Cod f Center provide state-of-the-art tools for dis- Standard-Times. This union grew out of the placed workers to update their skills and re- men’s desire to provide the residents of the RECOGNIZING OCTOBER AS NA- gain their competitive advantage in the labor Cape and Islands with access to community TIONAL BREAST CANCER market. It also provides a place for students to news, so they teamed up with the New Bed- AWARENESS MONTH utilize the latest technology to further their ford Standard-Times for joint distribution education. through the 1960s. By 1970, however, the HON. PETER T. KING I applaud Time Warner Cable and the Ge- success of local small businesses and indus- OF NEW YORK rard Carter Community Center for giving tries had brought an era of expansion to the IN THE HOUSE OF REPRESENTATIVES Stapleton residents access to the latest tech- region, augmenting the need for a local paper to service the needs and interests of the Tuesday, October 4, 2011 nology. I urge my colleagues to join me in ap- plauding Time Warner Cable and the Gerard unique communities of the Cape and Islands. Mr. KING of New York. Mr. Speaker, I rise Community Center to create the Technology In 1975, the first Cape Cod Times edition was today in recognition of October as National Center—its ventures like this give the unem- published as an ‘‘independent Cape Cod Breast Cancer Awareness Month. It is essen- ployed and the underemployed the opportunity newspaper, printed and published on the tial to take this time to promote breast cancer and the encouragement they need to take Cape, by Cape Codders, for Cape Codders.’’ awareness, share information on the disease, back their lives and get to work. Today, the Cape Cod Times provides over emphasize the importance of screenings and f 60,000 readers in the region with daily head- continue to work towards a cure. lines of national and local relevance—from Early detection is of the utmost importance HONORING THE DEER LAKES AA summer beach closings to breaking news for women of all ages. The 2.5 million breast BOYS VOLLEYBALL TEAM across the globe. The paper’s circulation cancer survivors through the U.S. are a testa- reaches beyond the Cape and Islands through ment to the importance of breast cancer HON. JASON ALTMIRE its online subscription, allowing readers to stay awareness and following recommended OF PENNSYLVANIA up-to-date on community happenings no mat- screening guidelines. I strongly encourage IN THE HOUSE OF REPRESENTATIVES ter their location. women to follow the recommended mammog- Time and time again, the paper has been Tuesday, October 4, 2011 raphy screening guidelines and to perform recognized for its national significance, having self-exams. Early detection saves lives! Mr. ALTMIRE. Mr. Speaker, I rise today to been named to such prestigious awards as A woman receives a diagnosis of breast honor the 2011 Deer Lakes High School Boys ‘‘Newspaper of the Year,’’ ‘‘Website of the cancer every two minutes, making this disease Volleyball Team. This past season, the team Year’’ and ‘‘Sunday Newspaper of the Year’’ one of the most frequently diagnosed cancer won the WPIAL championship as well as the by the New England Press Association, the among women in the United States. Despite Pennsylvania State Championship. I congratu- New England Newspaper Association, and the tremendous advances in treatment and pre- late them on an outstanding season and com- New England Associated Press Executives vention, it remains the second leading cause mend their hard work in winning both pres- Association. of cancer death. I am proud to support the Na- tigious titles. Having owned a home on Cape Cod for tional Breast Cancer Coalition’s Breast Cancer Over the course of their season, the team twenty years, it is with pride and gratitude that Deadline 2020, a call to end breast cancer by showed remarkable consistency while dis- I congratulate the Cape Cod Times, its editors January 1, 2020. This initiative focuses on de- playing exemplary team play. Incredibly, the and staff on providing seventy-five years of termining how to prevent the development of team did not lose a match all season. authentic journalism to the people of the Tenth breast cancer and metastasis and renews the I would also like to give special recognition Congressional District of Massachusetts. I ex- sense of urgency to eradicate this disease. to two members of the team who played to the tend my best wishes to the paper for many It is my privilege to work with dedicated vol- best of their abilities each and every game. more years of award-winning journalism to unteers, patients, caregivers and survivors Tony Nicotra and Jeremy Gaston deserve come. from organizations such as Susan G. Komen praise for their team leadership and work ethic f for the Cure, National Breast Cancer Coalition, throughout the season. Their hard work was the American Cancer Society and so many rewarded when they received the co-most val- HONORING WILLIAM ENSIGN others. Their tireless work is an inspiration and uable player award for both the WPIAL and a reminder that we must keep up the fight until state tournaments. HON. MARCY KAPTUR there is a cure. In addition, a team is only as good as the OF OHIO f coaching staff that stands behind their players. IN THE HOUSE OF REPRESENTATIVES Head coach Richard Tatrn along with assistant Tuesday, October 4, 2011 IN HONOR OF THE TECHNOLOGY coaches BJ Ruyes, Terry Gaston, Joe Giradi, CENTER AT THE GERARD CAR- and Kevin Hamilton all deserve recognition for Ms. KAPTUR. Mr. Speaker, I rise today to TER COMMUNITY CENTER their encouragement, instruction, and leader- recognize the life of William Ensign a re- ship throughout their championship season. spected and jovial Toledoan whose ethic of HON. MICHAEL G. GRIMM I again congratulate the Deer Lakes Boys public service resulted in his being elected OF NEW YORK Volleyball Team’s players and coaching staff Mayor of Toledo in 1967, and then reelected IN THE HOUSE OF REPRESENTATIVES on all of their achievements. It is with great joy again in 1971. We offer our condolences to that I pay tribute to this team on their well-de- his wife of 61 years, Joan, their children Tuesday, October 4, 2011 served accomplishments this season. Maria, Kimberly, Madonna, Christopher, Joel Mr. GRIMM. Mr. Speaker, I rise today to f and Thomas, as well as their families. commend Time Warner Cable, the Jewish William J. Ensign was born in 1924. He Community Center of Staten Island and the IN RECOGNITION OF THE 75TH AN- grew up in Cleveland and went on to serve as New York City Department of Youth and Com- NIVERSARY OF THE CAPE COD a Marine in the Pacific Theatre in World War munity Development for their efforts in the TIMES II. He earned his undergraduate and graduate construction of a new, state-of-the-art tech- degrees in sociology and criminology from the nology center in on Staten Island. HON. WILLIAM R. KEATING University of Notre Dame. He came to Toledo The Technology Center at the Gerard Carter OF MASSACHUSETTS in 1951 to work in the legal system until he Community Center, sponsored by Time War- IN THE HOUSE OF REPRESENTATIVES became the director of the county welfare ner Cable and the Jewish Community Center agency in 1963, a position he held until he of Staten Island, is fully equipped with the Tuesday, October 4, 2011 was elected Mayor of Toledo in 1967. He was newest computers, high-speed Internet, flat Mr. KEATING. Mr. Speaker, I rise today to re-elected by a landslide in 1969. He resigned screen and high definition televisions and edu- recognize the seventy-fifth anniversary of the in 1971 after then Ohio Governor John

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K04OC8.023 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1763 Gilligan appointed him Director of the Ohio emerging economies in Asia. This impressive RESOLUTION COMMEMORATING Youth Commission. He then served for a year economic growth has turned Taiwan into one THE CITY OF DELRAY BEACH, with the Ohio Department of Administrative of the United States’ largest and most trusted FLORIDA, ON ITS 100TH ANNI- Services. Beginning in 1975, he was the Di- trading partners and the single largest per VERSARY rector of the Criminal Justice program at Ohio capita importer of U.S. agricultural products. Dominican University. Our relationship has proved very important to HON. ALCEE L. HASTINGS Even as he raised his family and pursued my district which is home to some of the most OF FLORIDA his career, William Ensign developed his pas- productive farmland in the world. IN THE HOUSE OF REPRESENTATIVES sion for music. He received his first drumsticks The Republic of China has pursued a for- Tuesday, October 4, 2011 at age six, plated piano and was a drum major eign policy that promotes peaceful cooperation in the college band. He played with the Cleve- between nations, and I support its efforts to Mr. HASTINGS of Florida. Mr. Speaker, I land Philharmonic Orchestra and the Marine provide leadership in the international commu- rise to pay tribute to the city of Delray Beach Corps band. nity. Today, I send my good wishes for the fu- on the occasion of its centennial celebration. William Ensign’s legacy is well-described by ture prosperity of a free and democratic Tai- For 100 years, the city of Delray Beach has a former political foe, ‘‘He was bright and en- wan. symbolized the American spirit: looking ahead gaging and never had a bad word about any- in times of prosperity; enduring in times of dif- body.’’ True testament to a life lived in service f ficulty; and always rising to meet the chal- to others, his community and nation. lenges that have at times weighed on our f OUR UNCONSCIONABLE NATIONAL country’s history. DEBT From its modest beginnings as an agricul- REPRESENTATIVE JERRY COS- tural area in 1894, Delray Beach quickly grew, TELLO WILL BE DEARLY MISSED HON. MIKE COFFMAN attracting many visitors in the winter months. On October 9, 1911, with a population of near- HON. CHARLES B. RANGEL OF COLORADO ly 300, the area of Delray was chartered by OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the State of Florida as an incorporated town. IN THE HOUSE OF REPRESENTATIVES Tuesday, October 4, 2011 Industrial plants for the canning of pineapples and tomatoes were built, bringing in new resi- Tuesday, October 4, 2011 Mr. COFFMAN of Colorado. Mr. Speaker, dents and ushering in an era of prosperity. By Mr. RANGEL. Mr. Speaker, I am sad to today our national debt is 1920, Delray’s population had reached over learn that the House of Representatives will $14,837,099,271,196.71. 1000 residents. Today, it is estimated that be losing a strong leader with the retirement of On January 6, 2009, the start of the 111th more than 65,000 people call the city of Del- my dear friend and colleague, Congressman Congress, the national debt was ray Beach home. JERRY COSTELLO. In the U.S. Congress, he $10,638,425,746,293.80. The city has seen its share of highs and fought hard to protect the environment and This means the national debt has increased lows throughout the years. The early 1900s promoted progressive development of infra- by $4,198,673,524,902.91 since then. This saw Delray prosper, only to experience eco- structure. debt and its interest payments we are passing nomic hardships by the Great Depression. By I am privileged to have worked with JERRY to our children and all future Americans. the 1930s, Delray was again flourishing, only in the past 23 years he has served in this to find itself in engulfed in the unrest faced by great institution we both so love. JERRY has f our nation during the civil rights movement. been a steadfast steward of the public interest But Delray Beach, like our country, endured. from his early days in law enforcement to his RECOGNIZING COOPERATIVE In the 1980s, prosperity was again seen more than two decades in the House of Rep- HOUSING CORPORATION ON 25 changed to decay, as many of the small mom- resentatives. Throughout his public career he YEARS OF SERVICE and-pop stores that lit the downtown area has demonstrated time and again how col- were forced to close their doors. But today, leagues can reach across the aisle to find HON. LEONARD LANCE even in the face of economic hardships, Del- compromise for the good of the nation. OF NEW JERSEY ray Beach has united to create a plan for re- I wish JERRy the best of luck with his future development and revitalization that has trans- IN THE HOUSE OF REPRESENTATIVES endeavors. His service to the people of Illinois’ formed and continues to transform its com- 12th District has been impeccable and he will Tuesday, October 4, 2011 mercial center. be dearly missed by both his constituents and Mr. LANCE. Mr. Speaker, I rise today to Mr. Speaker, I am proud to honor the his- colleagues. congratulate the Cooperative Housing Cor- tory of the city of Delray Beach, and I look for- f poration on its silver anniversary of providing ward to working with my colleagues in the House of Representatives to ensure that Del- CONGRATULATING CENTENNIAL affordable, high quality housing and services ray Beach, along with the countless other cit- NATIONAL DAY OF THE REPUB- to senior citizens and special needs individ- ies and towns across our great nation, experi- LIC OF CHINA (TAIWAN) uals throughout Central New Jersey. ence growth, prosperity, and success in the The CHC has proudly helped improved the next 100 years. HON. JEFF DENHAM lives of many older adults and special needs young people throughout its 25 years of serv- f OF CALIFORNIA ice. Since 1986 the CHC has provided shared IN THE HOUSE OF REPRESENTATIVES HONORING MARY E. GERKEN housing facilities and special services de- Tuesday, October 4, 2011 signed to meet physical, social and psycho- HON. MARCY KAPTUR logical needs on a cooperative family basis. Mr. DENHAM. Mr. Speaker, I would like to OF OHIO The CHC comforted countless individuals extend my sincere congratulations to the peo- IN THE HOUSE OF REPRESENTATIVES ple of Taiwan on the occasion of the upcom- through a caring ‘‘second family’’ environment, ing October 10, 2011, Centennial National Day and promoted health, security and happiness Tuesday, October 4, 2011 of the Republic of China. The Republic of for senior citizens and others. Ms. KAPTUR. Mr. Speaker. I rise today to China shares my country’s belief that govern- Mr. Speaker, I am proud to commend the recognize the life of Mary E. Gerken, who ment must be by the people, for the people, staff, board and founders of the Cooperative passed from this life at age 90 years. She was and of the people. Housing Corporation for 25 years of dedicated an indefatigable educator, brilliant student, After the heroic struggle for liberation during community service in Central New Jersey and source of inspiration, enduring mother for her World War II, in which our two nations fought pleased and honored to share this important family and our community, and woman of side by side, the Republic of China was instru- milestone with my colleagues in the United deep, abiding faith. Her life truly can be de- mental in the foundation of the United Nations States Congress and with the American peo- scribed as a woman for others. We offer our and has continued to play an important role in ple. condolences to her family, especially her chil- global affairs. My best personal wishes to everyone asso- dren Cathy, Fran, George and Pete. The Republic of China is an example of ciated with the Cooperative Housing Corpora- Born August 29, 1920 to Nettie Mosher, a democratic and economic liberalization for tion. World War I Army nurse, Mary Gerken grew

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.030 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1764 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2011 up in Northwest Ohio and was the Valedic- what David did. He took a $1000 investment in the College of Education. Dr. Gallia con- torian of her Perrysburg High School grad- and turned it into an $8 million empire. From tinues to hold the rank of full professor in both uating class. She went on to obtain a Bach- there, David went on to sell his Mariner news- the Teacher Education and Educational Lead- elor’s Degree in Biochemistry from Mary papers and began working to resurrect other ership departments. Manse College and her Master’s Degree in struggling newspapers around Massachusetts Dr. Gallia has been instrumental in the plan- Science Education and Microbiology from the until his untimely death. ning and implementation of the Rowan Boule- University of Toledo. Married following World The details of David’s life appear to de- vard Project. The opportunities provided by War II, Mary then was widowed with four scribe a man who was larger than life—col- the construction of the hotel, bookstore, resi- young children. lege football captain, honored Marine, intrepid dential apartments, and town square are sec- Long before women were welcomed in the newspaper reporter and successful entre- ondary to the degree to which the project truly sciences, she was blazing a path for those preneur. And that is just the highlight reel. It brought Rowan University students and the that would follow. Even as she raised her fam- doesn’t take into account all the lives he school’s surrounding community of Glassboro ily and cared for her mother and mother-in- touched both professionally and personally, together. The project, with Dr. Gallia’s guid- law, Mary taught at the high school and col- the numerous community functions and local ance, has helped the school develop a posi- lege levels. A conscientious parent, she in- causes he threw his support behind, the tive and meaningful relationship with the sur- stilled in her children a core of social justice, countless games and events he attended for rounding town. exposure to the liberal arts, and insisted on a his children and later grandchildren. In addition to his work at Rowan, Dr. Gallia college education for each of them. These are often thought to be ‘‘the little serves in numerous positions in community or- After her retirement—in her seventies— things,’’ but in reality they are as much the ganizations, including Main Street Glassboro, Mary traveled a new path. She taught Native mark of a man’s success. Maybe even more Central Business Redevelopment Authority, Americans in Minnesota and worked with a so, for they are what make life rich. So by all Glassboro Economic Advisory Board, community of religious sisters. When she accounts, David Cutler was the richest man in Glassboro Chamber of Commerce, and came home several years later, she began a town. And the truly fortunate thing is that he Glassboro Code Enforcement Board, the Fi- tenure of public service as an industrial hy- seems to have known that while he was still nance Committee of St. Bridget Church, the gienist with OSHA. She served as a Eucha- alive. I was moved when I read that early in Bishop’s Task Force and Transition Team at ristic Minister in her church and was a mem- his illness, David said to an old friend, ‘‘My the church, and St. Anthony’s Mutual Aid Soci- ber of Zonta International. life’s work was my family, and I’ve suc- ety. Mary E. Gerken is an example of a life well- ceeded.’’ I never had the pleasure of meeting Mr. Speaker, I recognize Dr. Tom Gallia for lived. She leaves a legacy of service, compas- David Cutler, but if all I knew about him was his tireless dedication to the Borough of sion and industry to her family and our com- that one quote, I would know he was a good Glassboro, and to the faculty, students, and munity. Our community expresses its gratitude man. surrounding community of Rowan University for her many decades of exceptional teaching, David’s legacy of service and commitment and his decades of service to this fine institu- good humor, humility, and encouraging nature. to our community lives on today. It lives on in tion of higher learning. We shall miss her spirited presence but re- his newspapers. It lives on in his family. And main grateful always for the lasting legacies it lives on in this forest we are dedicating in f her life’s work generously gave to us. his honor. It seems to me that there is no f more fitting a memorial for man who contrib- HONORING PASTOR ROGER uted so much to Duxbury than a living, breath- FREEMAN FOREST DEDICATION ing, growing part of the town he loved. David RECOGNIZING DAVID CUTLER Cutler’s forest, like the man it is named for, HON. MARSHA BLACKBURN will make its mark on the lives of countless OF TENNESSEE HON. WILLIAM R. KEATING members of our community for generations to IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS come. IN THE HOUSE OF REPRESENTATIVES f Tuesday, October 4, 2011 Tuesday, October 4, 2011 HONORING DR. TOM GALLIA OF Mrs. BLACKBURN. Mr. Speaker, there are Mr. KEATING. Mr. Speaker, I rise today to ROWAN UNIVERSITY leaders who work to shape the direction of the recognize the dedication of the David Cutler country and there are workers who toil to Memorial Forest in Duxbury, Massachusetts. HON. ROBERT E. ANDREWS shape the direction of the soul. In the Ten- nessee Seventh Congressional District, there David Cutler became of fixture in Duxbury in OF NEW JERSEY is one leader whose efforts over the past sev- 1945 when his family decided to settle here, IN THE HOUSE OF REPRESENTATIVES and from that point on, our community has eral decades have led many into the good- been the better for it. Tuesday, October 4, 2011 ness of the Almighty. I rise today to honor Just five years after moving to Duxbury, his Mr. ANDREWS. Mr. Speaker, I rise today to First Baptist Church Pastor Roger Freeman as parents started the Duxbury Clipper, and thus honor Dr. Tom Gallia, a longtime member of he retires from decades of active ministry. began David’s affair with newspapers. After the Rowan University community, currently An accomplished author, devoted father, serving as captain of Colby College’s football serving as the Chief of Staff to the President and principled leader, Dr. Freeman serves not team, he came back home and got a job as and the Vice-president of community relations. solely his beliefs. Dedicated to reaching both a reporter at the Patriot Ledger. It wasn’t long, In his 40 years with the university, Dr. Gallia inward to his congregation and outward to the though, before he felt a call to duty and David has served as a dedicated and tireless advo- community, Freeman spends time serving in enlisted in the US Marines. cate for students and has played an integral state Baptist associations as well as local civic Like many men of his age group during that role in every major university decision over the organizations. Dr. Freeman’s service reach ex- time, he was sent to Vietnam, where in an at- past several years. tends beyond the walls of the church. In 2007, tack in 1968, he was shot in both legs. His In particular, Dr. Gallia’s achievements have Freeman was invited by the National Park courage and valor were rewarded with a Pur- revolved around his relationship with the Bor- Service to offer the prayer for the lighting of ple Heart and the title of Captain. Upon return- ough of Glassboro. He graduated from the National Christmas Tree and eloquently ing to the states, he went back to the Patriot Glassboro State College, where he earned represented his community, his family, and his Ledger and would soon become the paper’s bachelor’s degree in biological and physical faith. State House reporter. But after two years, he sciences with a minor in science education in From Texas, to Louisiana, to Tennessee, felt another call to duty, and left the Ledger to 1966. He also met his wife at the school. His and communities beyond, Freeman has spent start the Marshfield Mariner. first job was at Glassboro High School, where his life in service to his creed and his calling. Today, communities throughout Massachu- he served as a biology teacher, advisor, and I join with his wife and children in offering setts’ South Shore are served by one of Da- wrestling coach. thanks to Dr. Roger Freeman for his many vid’s papers—whether it be the Norwell Mar- Prior to joining the administration of the Uni- years of faith and guidance. I ask my col- iner or Scituate Mariner or anywhere in be- versity, Dr. Gallia served as a biological leagues to join with me in honoring Dr. Free- tween. But it takes a special kind of man—a science and secondary education professor, man. As he retires from First Baptist Church, truly gifted story-teller—to make the most local serving three terms as a Department Chair I hope his fidelity to his vocation will remind us of news a successful business; yet, that’s and eight years as executive associate dean all to the higher service of our own.

VerDate Mar 15 2010 04:51 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.036 E04OCPT1 smartinez on DSK6TPTVN1PROD with REMARKS October 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1765 IN RECOGNITION OF THE 50TH AN- with orchestra members, learn about their pressed by their engagement in the political NIVERSARY OF THE CAPE COD many instruments and attend intimate con- process and pride in their culture and history. SYMPHONY ORCHESTRA certs. These programs are designed to enable Taiwan is an important friend and ally of the all students—not just those who are musically- United States. The United States and Taiwan HON. WILLIAM R. KEATING inclined—to develop an appreciation for and enjoy a robust trade relationship that totals OF MASSACHUSETTS life-long interest in classical music. $59 billion in goods and services, making Tai- In September, 2010, the Cape Cod Sym- IN THE HOUSE OF REPRESENTATIVES wan the ninth-largest U.S. trade partner. Tai- phony Orchestra merged with the Cape Cod wan also stands as a strong democracy in the Tuesday, October 4, 2011 Conservatory of Music & Arts—unifying their Asian-Pacific region. Mr. KEATING. Mr. Speaker, I rise today to mission of inspiring joy through the arts. Now, It is important to mention the strides Taiwan recognize the Cape Cod Symphony Orchestra the Cape Cod Symphony and Conservatory of has made in improving its relationship with for fifty years of musical entertainment and to Music & Arts provide a whole variety of new mainland China too. The most significant de- express my gratitude for their undying commit- programs—from a musical summer camp to velopment in recent times was the signing of ment to preserving education of the arts in music training for adult students—to engage the Economic Cooperation Framework Agree- Massachusetts. eager participants of all ages. ment on June 29, 2010. The agreement re- The Cape Cod Symphony Orchestra was The high-caliber educational opportunities duced tariffs and trade barriers between the founded fifty years ago as an all-volunteer col- offered by the Cape Cod Symphony Orchestra two sides, improving not just bilateral trade, lection of student and adult musicians. Today, has greatly contributed to the cultural atmos- but the cross-strait relationship. Regular dia- the Orchestra is renowned as the premier cul- phere of the region. I commend the Orchestra logue between Taiwan and mainland China tural arts organization of Cape Cod—com- for its devotion to music education and I thank has also helped reduce military tensions. prised of 85 classically trained, professional all members, past and present, for their will- Please join me in congratulating President musicians who bring their passion for music ingness to relay their passion for music and Ma and the people of Taiwan as they cele- and culture to each and every performance. performance to five decades of audiences. brate their centennial National Day, and in Under the skillful direction of Maestro Jung-Ho f wishing them many more years of friendship, Pak, the Orchestra reaches the hearts of its RECOGNIZING TAIWAN AS IT prosperity, and peace. audiences through five classical concerts and CELEBRATES ITS CENTENNIAL three pop concerts per season—inspiring over NATIONAL DAY f 50,000 residents and visitors to the Cape and Islands communities. PERSONAL EXPLANATION The home of the Cape Cod Symphony Or- HON. PETER J. ROSKAM OF ILLINOIS chestra has changed throughout the years— HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES from venues across the Cape to their current OF MISSOURI Tuesday, October 4, 2011 stage at the Barnstable Performing Arts Cen- IN THE HOUSE OF REPRESENTATIVES ter at Barnstable High School. However, their Mr. ROSKAM. Mr. Speaker, I rise today to Tuesday, October 4, 2011 music has remained in the souls of their lis- honor President Ma Ying-jeou and the people teners wherever they go. Through the Orches- of Taiwan as they celebrate their centennial Mr. GRAVES. Mr. Speaker, on Monday, Oc- tra’s MusicWorks! Education Program, stu- National Day on October 10, 2011. tober 3, 2011, I missed a couple of rollcall dents of all ages across the Cape and Islands Nearly 65,000 Taiwanese-Americans live in votes. Had I been present, I would have voted are provided with the opportunity to interact the Chicagoland area, and I am always im- ‘‘yea’’ on Nos. 742, 743, 744.

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ceiving testimony from Nancy K. Stoner, Acting As- Committee Meetings sistant Administrator for Water, Environmental Pro- (Committees not listed did not meet) tection Agency; William H. Werkheiser, Associate Director for Water, U.S. Geological Survey, Depart- CONSUMER PROTECTION AND MIDDLE ment of the Interior; Dave White, Chief, Natural CLASS WEALTH BUILDING Resources Conservation Service, Department of Agri- Committee on Banking, Housing, and Urban Affairs: culture; Shellie Chard-McClary, Oklahoma Depart- Subcommittee on Financial Institutions and Con- ment of Environmental Quality Water Quality Divi- sumer Protection concluded a hearing to examine sion Director, Oklahoma City; Richard J. Budell, consumer protection and middle class wealth build- Florida Department of Agriculture and Consumer ing in an age of growing household debt, after re- Services Office of Agricultural Water Policy Direc- ceiving testimony from Ray Boshara, Senior Advisor, tor, Tallahassee; George S. Hawkins, District of Co- Federal Reserve Bank of St. Louis; Atif Mian, Uni- lumbia Water and Sewer Authority General Man- versity of California, Berkeley; Katherine Porter, ager; Nick Maravell, Nick’s Organic Farm, Potomac, University of California Irvine School of Law; Robert Maryland; and Andy Buchsbaum, National Wildlife M. Lawless, University of Illinois College of Law, Federation, Ann Arbor, Michigan. Urbana; G. Michael Flores, Bretton Woods, Inc., Saint Simons Island, Georgia; Doug Fecher, Wright- MEDICARE PART D Patt Credit Union, Fairborn, Ohio; and Ida Committee on Homeland Security and Governmental Af- Rademacher, Corporation for Enterprise Develop- fairs: Subcommittee on Federal Financial Manage- ment, and Susan K. Weinstock, Pew Charitable ment, Government Information, Federal Services, Trusts, both of Washington, D.C. and International Security concluded a hearing to ex- IMPROVING THE BUDGET PROCESS amine costs of prescription drug abuse in the Medi- care Part D program, including instances of ques- Committee on the Budget: Committee concluded a hear- tionable access to prescription drugs, after receiving ing to examine improving the budget process, focus- testimony from Gregory D. Kutz, Director, Forensic ing on strategies for more effective congressional Audits and Special Investigations, Government Ac- budgeting, after receiving testimony from Maya countability Office; Jonathan Blum, Deputy Admin- MacGuineas, The New America Foundation Com- istrator and Director, Center for Medicare, Centers mittee for a Responsible Federal Budget, David B. for Medicare and Medicaid Services, Department of Kendall, Third Way, G. William Hoagland, former Health and Human Services; and Louis Saccoccio, Staff Director, Senate Budget Committee, Martin National Health Care Anti-Fraud Association, Ar- Paone, former Senate Democratic Secretary, and Eric lington, Virginia. Ueland, former Chief of Staff for Senate Majority Leader Bill Frist, all of Washington, D.C.; and Don- AGRICULTURAL LABOR ald F. Kettl, University of Maryland School of Pub- Committee on the Judiciary: Subcommittee on Immi- lic Policy, College Park. gration, Refugees and Border Security concluded a SHALE GAS PRODUCTION hearing to examine America’s agricultural labor cri- Committee on Energy and Natural Resources: Committee sis, focusing on enacting a practical solution, after concluded a hearing to examine the Secretary of En- receiving testimony from Gary W. Black, Georgia ergy Advisory Board’s Shale Gas Production Sub- Department of Agriculture Commissioner, Atlanta; committee’s 90-day report, after receiving testimony Tom Nassif, Western Growers, Salinas, California; from Stephen A. Holditch, Texas A&M University, Robert A. Smith, Farm Credit East, Cobleskill, New College Station, on behalf of the Secretary of Ener- York; Ronald D. Knutson, Texas A&M University, gy’s Advisory Board Shale Gas Subcommittee; Daniel College Station; Arturo S. Rodriguez, United Farm Yergin, IHS Cambridge Energy Research Associates, Workers of America, Keene, California; Connie Washington, D.C.; Mark D. Zoback, Stanford Uni- Horner, Horner Farms, Inc., Homerville, Georgia; versity Department of Geophysics, Palo Alto, Cali- and Eric A. Ruark, Federation for American Immi- fornia; and Kathleen A. McGinty, Weston Solutions, gration Reform, Washington, D.C. Inc., West Chester, Pennsylvania. NOMINATIONS NUTRIENT POLLUTION Committee on the Judiciary: Committee concluded a Committee on Environment and Public Works: Sub- hearing to examine the nominations of Stephanie committee on Water and Wildlife concluded a hear- Dawn Thacker, of West Virginia, to be United ing to examine nutrient pollution, focusing on an States Circuit Judge for the Fourth Circuit, who was overview of nutrient reduction approaches, after re- introduced by Senators Rockefeller and Manchin,

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Michael Walter Fitzgerald, to be United States Dis- INTELLIGENCE trict Judge for the Central District of California, Select Committee on Intelligence: Committee held closed who was introduced by Senator Boxer, Ronnie hearings on intelligence matters, receiving testimony Abrams, to be United States District Judge for the from officials of the intelligence community. Southern District of New York, who was introduced by Senators Gillibrand and Coons, Rudolph Committee recessed subject to the call. Contreras, of Virginia, to be United States District Judge for the District of Columbia, who was intro- BUSINESS MEETING duced by Representative Norton, and Miranda Du, Select Committee on Intelligence: Committee ordered fa- to be United States District Judge for the District vorably reported the nomination of Irvin Charles of Nevada, who was introduced by Senators Reid and McCullough III, of Maryland, to be Inspector Gen- Heller, after the nominees testified and answered eral of the Intelligence Community, Office of the questions in their own behalf. Director of National Intelligence. h House of Representatives programs under the Small Business Act and the Chamber Action Small Business Investment Act of 1958, by a yea- Public Bills and Resolutions Introduced: 8 public and-nay vote of 352 yeas to 66 nays, Roll No. 745. bills, H.R. 3085–3092; 1 private bill, H.R. 3093; Pages H6528–31, H6531–32 and 2 resolutions, H. Res. 420–421 were introduced. Recess: The House recessed at 1:42 p.m. and recon- Page H6551 vened at 1:45 p.m. Page H6531 Additional Cosponsors: Pages H6551–52 Committee Resignation: Read a letter from Rep- Reports Filed: There were no reports filed today. resentative Brooks, wherein he resigned from the Speaker: Read a letter from the Speaker wherein he Committee on Homeland Security. Page H6533 appointed Representative Fitzpatrick to act as Speak- Committee Elections: The House agreed to H. Res. er pro tempore for today. Page H6507 420, electing certain Members to certain standing Recess: The House recessed at 10:58 a.m. and re- committees. Page H6533 convened at 12 noon. Page H6519 Senate Message: Message received from the Senate Chaplain: The prayer was offered by the guest chap- by the Clerk and subsequently presented to the lain, Pastor Jerry Creel, Brush Arbor Baptist Church, House today appears on page H6533. Orlando, FL. Page H6519 Amendments: Amendments ordered printed pursu- Cement Sector Regulatory Relief Act of 2011 ant to the rule appear on pages H6552–56. and EPA Regulatory Relief Act of 2011—Rule Quorum Calls—Votes: Two yea-and-nay votes de- for Consideration: The House agreed to the rule veloped during the proceedings of today and appear that is providing for consideration of H.R. 2681, to on pages H6531–32, H6532–33. There were no provide additional time for the Administrator of the quorum calls. Environmental Protection Agency to issue achievable Adjournment: The House met at 10 a.m. and ad- standards for cement manufacturing facilities and journed at 5:04 p.m. H.R. 2250, to provide additional time for the Ad- ministrator of the Environmental Protection Agency to issue achievable standards for industrial, commer- Committee Meetings cial, and institutional boilers, process heaters, and in- cinerators by a yea-and-nay vote of 257 yeas to 165 FUTURE OF NATIONAL DEFENSE AND THE nays, Roll No. 746, after the previous question was U.S. MILITARY TEN YEARS AFTER 9/11 ordered without objection. Pages H6523–28, H6532–33 Committee on Armed Services: Full Committee held a Continuing Appropriations Act, 2012: The House hearing on the future of National Defense and the concurred in the Senate amendment to the House U.S. Military Ten Years After 9/11: Perspectives amendment to the Senate amendment to H.R. 2608, from Former Service Chiefs and Vice Chiefs. Testi- to provide for an additional temporary extension of mony was heard from General John Jumper, USAF

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Committee on Foreign Affairs, Full Committee, markup of to generate income to provide funding for academic pro- the following: H.R. 2830, to authorize appropriations for grams, and for other purposes; H.R. 1740, to amend the fiscal years 2012 and 2013 for the Trafficking Victims Wild and Scenic Rivers Act to designate a segment of Protection Act of 2000, and for other purposes; and H.R. Illabot Creek in Skagit County, Washington, as a compo- 2059, to prohibit funding to the United Nations Popu- nent of the National Wild and Scenic Rivers System; lation Fund; and legislation to authorize appropriations H.R. 2060, the ‘‘Central Oregon Jobs and Water Security for fiscal years 2012 and 2013 for the Trafficking Victims Act’’; H.R. 2351, the ‘‘North Cascades National Park Protection Act of 2000, and for other purposes. 10 a.m., Service Complex Fish Stocking Act’’; H.R. 2352, to au- 2172 Rayburn. thorize the Secretary of the Interior to adjust the bound- Committee on Homeland Security, Subcommittee on ary of the Stephen Mather Wilderness and the North Cas- Counterterrorism and Intelligence, hearing entitled ‘‘In- cades National Park in order to allow the rebuilding of telligence Sharing and Terrorist Travel: How DHS Ad- a road outside of the floodplain while ensuring that there dresses the Mission of Providing Security, Facilitating is no net loss of acreage to the Park or the Wilderness, Commerce and Protecting Privacy for Passengers Engaged and for other purposes; H.R. 2360, the ‘‘Providing for in International Travel.’’ 10 a.m., 311 Cannon. Our Workforce and Energy Resources (POWER) Act’’; Committee on the Judiciary, Subcommittee on Crime, H.R. 2578, to amend the Wild and Scenic Rivers Act re- Terrorism, and Homeland Security, hearing entitled ‘‘The lated to a segment of the Lower Merced River in Cali- Implementation of Certain International Nuclear and fornia, and for other purposes; H.R. 2752, the ‘‘BLM Live Maritime Terrorism Agreements.’’ 10 a.m., 2141 Ray- Internet Auctions Act’’; H.R. 2803, to direct the Sec- burn. retary of the Interior, acting through the Bureau of Ocean Subcommittee on Immigration Policy and Enforce- Energy Management, Regulation and Enforcement, to ment, markup to request a Department of Homeland Se- conduct a technological capability assessment, survey, and curity Departmental Report on the Beneficiary of H.R. economic feasibility study regarding recovery of minerals, 1857, for the relief of Bartosz Kumor; followed by a hear- other than oil and natural gas, from the shallow and deep ing entitled ‘‘STEM the Tide: Should America Try To seabed of the United States; H.R. 2842, the ‘‘Bureau of Prevent an Exodus of Foreign Graduates of U.S. Univer- Reclamation Small Conduit Hydropower Development sities with Advanced Science Degrees?’’ 1:30 p.m., 2141 and Rural Jobs Act of 2011’’; H.R. 2915, the ‘‘American Rayburn. Taxpayer and Western Area Power Administration Cus- Committee on Natural Resources, Full Committee, markup tomer Protection Act of 2011’’; and H.R. 3069, the ‘‘En- of the following: H.R. 306, the ‘‘Corolla Wild Horses dangered Salmon and Fisheries Predation Prevention Protection Act’’; H.R. 443, to provide for the conveyance Act,’’ 10 a.m., 1324 Longworth. of certain property from the United States to the Committee on Small Business, Full Committee, hearing Maniilaq Association located in Kotzebue, Alaska; H.R. entitled ‘‘Adding to Uncertainty: The Impact of DOL/ 588, to redesignate the Noxubee National Wildlife Ref- NLRB Decisions and Proposed Rules on Small Busi- uge as the Sam D. Hamilton Noxubee National Wildlife nesses.’’ 1 p.m., 2360 Rayburn. Refuge; H.R. 850, to facilitate a proposed project in the Committee on Transportation and Infrastructure, Sub- Lower St. Croix Wild and Scenic River, and for other committee on Aviation, hearing entitled ‘‘A Comprehen- purposes; H.R. 991, to amend the Marine Mammal Pro- sive Review of FAA’s NextGen Program: Costs, Benefits, tection Act of 1972 to allow importation of polar bear Progress, and Management.’’ 10 a.m., 2167 Rayburn. trophies taken in sport hunts in Canada before the date Committee on Veterans’ Affairs, Subcommittee on Eco- the polar bear was determined to be a threatened species nomic Opportunity, hearing entitled ‘‘Reviewing the under the Endangered Species Act of 1973; H.R. 1162, Progress of the Partnership between the United States to provide the Quileute Indian Tribe Tsunami and Flood Paralympics and the Department of Veterans Affairs to Protection, and for other purposes; H.R. 1461, the ‘‘Mes- Promote Adaptive Sports.’’ 10 a.m., 334 Cannon. calero Apache Tribe Leasing Authorization Act’’; H.R. Committee on Ways and Means, Full Committee, markup 1466, to resolve the status of certain persons legally re- of the following: H.R. 3078, the ‘‘United States-Colom- siding in the Commonwealth of the Northern Mariana Is- bia Trade Promotion Agreement Implementation Act’’; lands under the immigration laws of the United States; H.R. 3079, the ‘‘United States-Panama Trade Promotion H.R. 1505, the ‘‘National Security and Federal Lands Agreement Implementation Act’’; and H.R. 3080, the Protection Act’’; H.R. 1556, to amend the Omnibus In- ‘‘United States-Korea Free Trade Agreement Implementa- dian Advancement Act to allow certain land to be used tion Act’’. 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, October 5 10 a.m., Wednesday, October 5

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond one hour), Senate 2681—Cement Sector Regulatory Relief Act of 2011 will continue consideration of S. 1619, Currency Ex- (Subject to a Rule). change Rate Oversight Reform Act, with a 1 p.m. filing deadline for first-degree amendments.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E1749 Marchant, Kenny, Tex., E1752 Graves, Sam, Mo., E1749, E1751, E1765 Miller, Jeff, Fla., E1755 Altmire, Jason, Pa., E1762 Grimm, Michael G., N.Y., E1762 Pearce, Stevan, N.M., E1761 Andrews, Robert E., N.J., E1761, E1764 Hanna, Richard L., N.Y., E1754 Peters, Gary C., Mich., E1751 Baca, Joe, Calif., E1755 Hastings, Alcee L., Fla., E1763 Petri, Thomas E., Wisc., E1758 Blackburn, Marsha, Tenn., E1753, E1764 Hinchey, Maurice D., N.Y., E1755 Blumenauer, Earl, Ore., E1757 Jackson Lee, Sheila, Tex., E1749 Rahall, Nick J., II, W.Va., E1760 Bordallo, Madeleine Z., Guam, E1751 Jordan, Jim, Ohio, E1760 Rangel, Charles B., N.Y., E1754, E1763 Castor, Kathy, Fla., E1759 Kaptur, Marcy, Ohio, E1762, E1763 Rokita, Todd, Ind., E1758 Coffman, Mike, Colo., E1763 Keating, William R., Mass., E1762, E1764, E1765 Roskam, Peter J., Ill., E1765 Costa, Jim, Calif., E1756 King, Peter T., N.Y., E1762 Schweikert, David, Ariz., E1759 Denham, Jeff, Calif., E1763 Kucinich, Dennis J., Ohio, E1756, E1757, E1758, E1758, Smith, Adam, Wash., E1761 Deutch, Theodore E., Fla., E1754 E1759, E1760, E1761 Tipton, Scott R., Colo., E1749 Duncan, John J., Tenn., E1753 Lance, Leonard, N.J., E1763 Visclosky, Peter J., Ind., E1752, E1753, E1754, E1754 Engel, Eliot L., N.Y., E1752 Latham, Tom, Iowa, E1755 Walden, Greg, Ore., E1753 Fitzpatrick, Michael G., Pa., E1752, E1756 Lipinski, Daniel, Ill., E1752 Foxx, Virginia,N.C., E1758 McCollum, Betty, Minn., E1756 Wilson, Joe, S.C., E1759 Frank, Barney, Mass., E1757 McMorris Rodgers, Cathy, Wash., E1751 Yarmuth, John A., Ky., E1759

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